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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Tupper v. City of Syracuse

This appeal originated from a Supreme Court judgment in Onondaga County, entered July 19, 2006, which had annulled City of Syracuse General Ordinance Nos. 46 and 49 of 2005. The initial CPLR article 78 proceeding was based on the contention that the City of Syracuse failed to conduct a proper State Environmental Quality Review Act (SEQRA) review prior to enacting the ordinances. The appellate court converted the proceeding to a declaratory judgment action, deeming it the correct procedural vehicle for challenging a legislative act. Upon review of the merits, the court reversed the lower court's judgment. It determined that the ordinances' enactment did not affect the environment within the scope of SEQRA, as they did not impact the physical environment, population patterns, or existing community character. Therefore, the appellate court declared City of Syracuse General Ordinance Nos. 46 and 49 of 2005 to be valid.

AppealDeclaratory JudgmentSEQRAEnvironmental ReviewOrdinancesValidityCPLR Article 78Onondaga CountyZoningProperty Law
References
5
Case No. 2005-11047
Regular Panel Decision

Majchrowicz v. Kolpak, Inc.

The plaintiff sustained injuries in a slip and fall in August 1998 and subsequently filed an amended summons and complaint in December 2005. The Kolpak defendants moved to dismiss the amended complaint, arguing it was time-barred because the initial complaint in 2001 was filed with an incorrect index number. The Supreme Court granted the motion. This appellate court reversed the decision, finding that the defendants waived the defect in filing by participating in the litigation process for over four years without objection, and therefore the claims were not barred by the statute of limitations.

Personal InjuryStatute of LimitationsAmended ComplaintDefective FilingWaiverIndex NumberAppellate ProcedureCivil ProcedureCourt ErrorsLitigation Process
References
6
Case No. MISSING
Regular Panel Decision
Jun 08, 2005

Claim of Marcus v. City of Troy

The claimant appealed a Workers’ Compensation Board decision from June 8, 2005, which determined that the death of her husband, a truck driver/sewer maintenance worker for the City of Troy, Department of Public Utilities, was not causally related to his employment. The decedent died suddenly while driving a company truck with a coworker. Initially, a Workers’ Compensation Law Judge awarded benefits, citing the presumption in Workers’ Compensation Law § 21 for deaths occurring during employment. However, the Board disagreed, finding the presumption rebutted by the employer’s evidence. The Appellate Division affirmed the Board's decision, concluding that the employer presented substantial medical evidence, based on the decedent's history of health issues, to support the determination that the death was unrelated to his employment, thereby successfully rebutting the presumption of compensability.

Workers' Compensation Law § 21Presumption of compensabilityCausationMedical EvidenceRebuttal evidenceUnexplained deathCardiac eventsEmployment-related deathBurden of proofAppellate review
References
4
Case No. GRO 0031310
Regular
May 02, 2008

RONALD CHRISTENSEN vs. CALIFORNIA POLYTECHNIC SAN LUIS OBISPO; Permissibly Self-Insured c/o SEDGWICK CMS

This case concerns an applicant injured before January 1, 2005, who sought reconsideration of a finding of no permanent disability. The Appeals Board denied reconsideration, holding that the 2005 permanent disability rating schedule applies unless specific exceptions under Labor Code section 4660(d) are met. Since no pre-2005 report indicated permanent disability, the WCJ correctly applied the 2005 schedule.

Permanent disability rating scheduleLabor Code section 4660AD Rule 9805prospective applicationexceptionsAldi v. CarrMcClellanIngersollThompson & HornCostco Wholesale Corp. v. Workers' Comp. Appeals Bd. (Chavez)
References
2
Case No. STK 181253
Regular
Sep 21, 2007

VIRGINIA NENITA CORTEZ vs. VILLA MARCHE, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to apply the 2005 Schedule for Permanent Disability Ratings instead of the 1997 Schedule. The Board found that no exceptions applied to require the older schedule, as no pre-2005 comprehensive medical-legal reports or treating physician reports indicated permanent disability, and the last temporary disability payment occurred after January 1, 2005. Therefore, the case was returned for a new decision under the 2005 Schedule.

Uninsured Employers Benefits Trust FundLabor Code section 4660(d)1997 Schedule2005 SchedulePermanent and StationaryComprehensive Medical-Legal ReportTreating Physician ReportTemporary Disability IndemnitySection 4061 NoticeAldi v. Carr
References
6
Case No. MISSING
Regular Panel Decision
Jul 09, 2009

Prand Corp. v. Town Board of Town of East Hampton

This case involves a hybrid proceeding initiated by petitioners/plaintiffs to challenge a determination by the Town Board of the Town of East Hampton. The petitioners sought to annul Local Law No. 25 (2007), which amended the Open Space Preservation Law, and to declare Local Law No. 16 (2005) and Local Law No. 25 (2007) null and void. The Town Board, acting as the lead agency, had issued a negative declaration under the State Environmental Quality Review Act (SEQRA) for Local Law No. 25, obviating the need for an Environmental Impact Statement (EIS). The Supreme Court annulled Local Law No. 25 as it applied to the petitioners' property, finding it was enacted in violation of SEQRA, and remitted the matter for full SEQRA review. The appellate court affirmed this judgment, concluding that the Town Board failed to take the requisite "hard look" at potential environmental impacts such as soil erosion, vegetation removal, and conflicts with the community's comprehensive plan, thus improperly issuing the negative declaration.

SEQRAEnvironmental LawZoning LawLand UseLocal Law No. 25 (2007)Local Law No. 16 (2005)Comprehensive PlanNegative DeclarationEnvironmental Impact StatementTown Board
References
16
Case No. ADJ1072155 (OXN 0136887)
Regular
Jul 20, 2009

JUAN ARELLANO vs. CENTRAL COAST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's decision, holding that the 2005 Permanent Disability Rating Schedule (PDRS) applies to applicant's case, not the 1997 PDRS. The Board found that the treating physician's reports did not sufficiently indicate the existence of permanent disability prior to January 1, 2005, to qualify for an exception to the 2005 PDRS. Therefore, the case was returned for further proceedings to apply the 2005 PDRS for rating permanent disability.

Permanent Disability Rating ScheduleLabor Code section 4660(d)treating physician report1997 PDRS2005 PDRSreconsiderationWCJmedical-legal reportcomprehensive medical reportwork restriction
References
8
Case No. ANA 0385112
Regular
Feb 15, 2008

LIANA SAENZ vs. ORANGE COUNTY DEPARTMENT OF EDUCATION, Permissibly Self-Insured, Adjusted By SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC.

This case involves a dispute over which workers' compensation permanent disability rating schedule to apply. The applicant sustained injury before January 1, 2005, but the defense QME report determining her permanent and stationary status was dated November 2004 but not signed until February 2005. The Appeals Board granted reconsideration to apply the 1997 Schedule, finding that the date of the physician's evaluation, not the signing date of the report, should control when an exception to the 2005 Schedule is invoked for pre-2005 injuries.

Workers' Compensation Appeals BoardCumulative trauma injuryPermanent disability rating2005 Schedule1997 ScheduleLabor Code section 4660(d)Qualified Medical EvaluatorComprehensive medical-legal reportPermanent and stationary statusDate of evaluation
References
3
Case No. GRO 30592
Regular
Jul 24, 2007

RICKY RODRIGUEZ vs. TURNKEY SCHOOLS OF AMERICA, CAMBRIDGE INTEGRATED SERVICES

This case concerns the determination of which permanent disability rating schedule (1997 or 2005) applies to an applicant injured in 2003. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior decision, and remanded the case for a new decision applying the 2005 Schedule. The WCAB found the defendant's notice of last temporary disability payment was premature as payments continued past January 1, 2005, thus requiring the 2005 Schedule per controlling precedent.

Labor Code section 4660(d)1997 Schedule2005 SchedulePendergrass IIBaglione IIcomprehensive medical-legal reporttreating physiciantemporary disability indemnitypermanent disabilityAOE/COE
References
2
Case No. SJO 0262198
Regular
Aug 17, 2007

ANTHONY LAYTON vs. CITY OF SANTA CLARA

The Workers' Compensation Appeals Board granted reconsideration and reversed its prior decision, holding that the 1997 permanent disability rating schedule, not the 2005 schedule, applies to this case. This decision was based on two exceptions to the 2005 schedule's applicability: the treating physician indicated permanent disability before January 1, 2005, and the employer provided proper notice of rights before the 2005 schedule became effective. Consequently, the applicant's permanent disability is rated at 37% under the 1997 schedule, totaling $38,950.00.

Workers' Compensation Appeals BoardReconsideration2005 Schedule1997 ScheduleLabor Code Section 4660(d)ExceptionsTreating Physician ReportSection 4061 NoticePermanent Disability RatingPolice Officer
References
2
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