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

Case No. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
9
Case No. 900983-2015
Regular Panel Decision
Mar 16, 2016

Building Exterior Servs. Trust of N.Y. v. A.W. Farrell & Son, Inc.

Plaintiff Building Exterior Services Trust of New York (BEST), a group self-insurance trust, initiated an action against former members, including A.W. Farrell & Son, Inc., for unpaid monetary assessments levied in 2013 and 2014 to address a shortfall. Defendant A.W. Farrell & Son, Inc. moved to dismiss the complaint and a cross-claim, arguing that it ceased membership in 1994, was not bound by the 2000 Trust Documents, and that assessments could only be levied against current members, with any authority expiring in 2003. The Supreme Court, Albany County, denied the motion to dismiss, finding that the Trust Documents, specifically Section 4.8 of the Indemnity Agreement and Section 10.4 of the Declaration of Trust, could authorize assessments against former members for periods of participation. The court also rejected the statute-of-limitations defense, concluding that the breach-of-contract claim accrued when the defendant refused to pay the assessments.

Workers' Compensation LawGroup Self-Insurance TrustUnpaid AssessmentsMotion to DismissStatute of LimitationsBreach of ContractDeclaration of TrustIndemnity AgreementFormer MembersTrust Solvency
References
17
Case No. 2018 NY Slip Op 05037 [163 AD3d 558]
Regular Panel Decision
Jul 05, 2018

Matter of Empire State Transp. Workers' Compensation Trust v. Special Funds Conservation Comm.

This case concerns a proceeding initiated by Empire State Transportation Workers' Compensation Trust for judicial approval of a settlement, nunc pro tunc, against the Special Funds Conservation Committee. The underlying issue stemmed from the Trust's failure to obtain consent from the Special Funds for a claimant's personal injury settlement, which led the Workers' Compensation Board to find a waiver of reimbursement rights. After an initial denial by the Supreme Court, the Appellate Division reversed and remitted, affirming the court's discretion in compelling such consent. Upon remittitur, the Supreme Court granted the petition, directing the Special Funds to provide nunc pro tunc consent. The Appellate Division affirmed this subsequent order, concluding that the settlement was reasonable, the delay was adequately explained, and no prejudice was demonstrated against the Special Disability Fund.

Workers' CompensationNunc Pro TuncSettlement ApprovalPersonal Injury ActionSpecial Funds Conservation CommitteeAppellate DiscretionReimbursement WaiverJudicial ReviewAppellate PracticeNassau County
References
14
Case No. MISSING
Regular Panel Decision

In re Ashley W.

The children Ashley W and Wrenggor W, natives of Haiti, appealed a Family Court, Nassau County order denying their guardianship petition by their paternal aunt, Verdele F, and their motion for special immigrant juvenile status. The Family Court's denial without a hearing was based on the uncle's past conviction. The appellate court dismissed Verdele F.'s appeal but reversed the order concerning Ashley W and Wrenggor W. The case was remitted for a hearing and new determination, as the uncle's criminal record was deemed not an automatic bar.

GuardianshipSpecial Immigrant Juvenile StatusFamily Court ActChild WelfareParental AbuseChild NeglectAbandonmentBest Interests of the ChildCriminal RecordAppellate Review
References
7
Case No. 2015 NY Slip Op 01635
Regular Panel Decision
Feb 25, 2015

Empire State Transportation Workers' Compensation Trust v. Special Funds Conservation Committee

The Empire State Transportation Workers' Compensation Trust (the carrier) appealed an order denying its petition for judicial approval of a settlement nunc pro tunc. The claimant, Licinio Marrero, sustained injuries and settled a personal injury action for $100,000 without obtaining the consent of the Special Funds Conservation Committee (SFCC), which is required when SFCC liability is established prior to settlement. The Supreme Court, Nassau County, denied the carrier's request, believing it lacked discretion to compel such consent. The Appellate Division reversed this decision, clarifying that the Supreme Court does have the discretion to issue a nunc pro tunc order compelling consent if certain conditions are met: the delay was not due to the petitioner's fault, the settlement amount was reasonable, and the SFCC was not prejudiced. The case was remitted to the Supreme Court for it to exercise its discretion.

Workers' Compensation LawSpecial Disability FundNunc Pro Tunc OrderSettlement ApprovalReimbursementPersonal Injury ActionAppellate ReviewJudicial DiscretionCarrier's WaiverConsent Requirement
References
6
Case No. 2020 NY Slip Op 00600
Regular Panel Decision
Jan 29, 2020

Matter of Sean CJ Ivan W. (Danica W.)

This case concerns an appeal by the mother, Danica W., from an order terminating her parental rights to her child, Noel Sean CJ Ivan W. The Family Court, Queens County, found that the mother permanently neglected the child and transferred guardianship and custody to Little Flower Children and Family Services of New York and the Commissioner of Social Services of the City of New York for adoption. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the petitioner demonstrated diligent efforts to strengthen the parent-child relationship. However, the mother failed to adequately plan for the child's future despite these efforts. The appellate court also agreed that terminating parental rights and freeing the child for adoption was in the child's best interests, rejecting a suspended judgment.

Parental RightsPermanent NeglectChild WelfareAdoptionFamily LawAppellate DivisionGuardianshipDiligent EffortsBest Interests of ChildSocial Services Law
References
9
Case No. 2017 NY Slip Op 02801
Regular Panel Decision
Apr 12, 2017

Matter of Zachariah W. v. Dominique W.

The Administration for Children's Services (ACS) filed a child neglect petition against Dominique W. four days after she gave birth to Zachariah W. The petition alleged neglect after hospital personnel discovered the mother's limited income and housing situation, leading to the child's emergency removal without providing the mother with housing information or supplies. The Family Court, Kings County, found the mother neglected the child. On appeal, the Appellate Division, Second Department, reversed the Family Court's order, denying the petition and dismissing the proceeding. The appellate court concluded that ACS failed to prove by a preponderance of the evidence that the mother did not provide adequate care, food, clothing, and shelter, or that there was imminent danger of impairment to the child, which is a prerequisite for a neglect finding.

Child NeglectFamily Court ActAppellate DivisionBurden of ProofPreponderance of EvidenceImminent DangerParental CareChild WelfareEmergency RemovalHousing Assistance
References
7
Case No. MISSING
Regular Panel Decision

In re Adam NN.

The case involves an appeal from an order of the Family Court of Chemung County that terminated the parental rights of Jennifer NN. (mother) and Frederick NN. (father) to their child, Adam NN., pursuant to Social Services Law § 384-b, on the grounds of mental retardation. Adam was removed from his parents' care shortly after birth. Despite respondents' consistent attendance at supervised visitations, their parenting skills showed limited improvement. Psychological evaluations indicated both parents had subaverage intellectual functioning; the father's IQ was 50 (moderately mentally retarded), and the mother's was 63 (mildly mentally retarded). Experts testified that due to their cognitive deficiencies and impaired adaptive behavior, neither parent could provide proper and adequate care for Adam, who also has special needs, without significant risk of neglect. The appellate court affirmed the Family Court's decision, concluding there was clear and convincing evidence to support the termination of parental rights.

Parental rights terminationmental retardationchild neglectSocial Services LawIQ assessmentchild welfarespecial needs childFamily Court appealparental fitness
References
4
Case No. 2025 NY Slip Op 02831 [238 AD3d 1302]
Regular Panel Decision
May 08, 2025

Matter of Coyle v. W & W Steel Erectors LLC

This case involves an appeal by W & W Steel Erectors LLC and its workers' compensation carrier from a Workers' Compensation Board decision. The Board denied the carrier's request to reopen the claim concerning posthumous wage-loss benefits for the minor son of the decedent, Michael Coyle. Initially, a Workers' Compensation Law Judge awarded benefits to the son, relying on Matter of Green, and the carrier failed to seek administrative review. After the Court of Appeals reversed Green, the carrier sought to reopen the claim, but the Board denied this request due to the lack of a timely administrative appeal. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in denying the reopening of the claim in the interest of justice.

Workers' CompensationWage-loss benefitsPermanent partial disabilityPosthumous benefitsReopening claimAdministrative reviewAbuse of discretionFinality of decisionAppellate DivisionCourt of Appeals reversal
References
13
Case No. MISSING
Regular Panel Decision
Jul 27, 1992

In re Latisha W.

This case involves an appeal by a mother and father from a Family Court order that found they had abused their children, Latisha W. and Samura W., in a child protective proceeding. The appellate court affirmed the order, concluding that the Commissioner of Social Services had established child abuse by a preponderance of the evidence. The decision relied on the detailed, cross-corroborated out-of-court statements made by both children regarding the abuse. Further corroboration came from a social worker's testimony, which noted the children's consistent statements, bed-wetting, and inappropriate sexual behavior. Additionally, a prima facie case of abuse was established against the mother for failing to protect the children and warning them not to disclose the abuse, which she failed to rebut.

Child abuseParental neglectCorroborated statementsFamily Court Act Article 10Appellate reviewChild witnessesPreponderance of evidenceKings County Family CourtOut-of-court statementsSocial worker testimony
References
3
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