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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
Oct 06, 2003

Physicians Committee for Responsible Medicine v. Horinko

This Amended Opinion and Order addresses cross-motions for summary judgment in a case brought by various environmental and animal rights organizations against the United States Environmental Protection Agency (EPA). Plaintiffs challenged EPA's voluntary High Production Volume (HPV) Challenge Program, asserting violations of the Toxic Substances Control Act (TSCA) and the Federal Advisory Committee Act (FACA), and sought injunctive relief. The court granted the EPA's motion for summary judgment on Plaintiffs' claims alleging ultra vires action and FACA violations, finding that EPA did not exceed its authority or establish an advisory committee under FACA. However, both parties' motions for summary judgment concerning the TSCA claim were denied without prejudice due to insufficient factual record. Additionally, Plaintiffs' request for further discovery was denied, resulting in a decision that largely favored the defendant on the resolved claims.

Environmental LawToxic Substances Control Act (TSCA)Federal Advisory Committee Act (FACA)Summary JudgmentAdministrative LawRegulatory ComplianceChemical TestingHigh Production Volume (HPV) ChemicalsAnimal RightsEnvironmental Protection Agency (EPA)
References
21
Case No. MISSING
Regular Panel Decision
May 17, 2016

United States v. Nesbeth

Chevelle Nesbeth was convicted by a jury for importation of cocaine and possession with intent to distribute. Senior District Judge Block rendered a non-incarceratory sentence of one-year probation, with special conditions including six months' home confinement and 100 hours of community service. The judge wrote this opinion to emphasize the importance of considering the numerous statutory and regulatory collateral consequences facing Nesbeth as a convicted felon, such as restrictions on employment, housing, and voting. These consequences were extensively balanced against 18 U.S.C. § 3553(a) factors to determine a just punishment. The opinion advocates for legal counsel and the Probation Department to proactively address collateral consequences in all future pre-sentence reports and sentencing proceedings.

Collateral ConsequencesSentencing ReformCriminal JusticeProbationary SentenceDrug Trafficking OffensesFelony ConvictionJudicial DiscretionFederal Sentencing GuidelinesRehabilitationRecidivism
References
55
Case No. MISSING
Regular Panel Decision

Pizzo v. Barnhart

Plaintiff Kathleen Pizzo appealed the Commissioner of the Social Security Administration's final determination denying her disability insurance benefits. The District Court reviewed the ALJ's decision, which had assigned no weight to the treating physician's opinion and significant weight to a consulting physician's report. The court found that the ALJ erred by failing to give appropriate weight to the treating physician's opinion, not adequately developing the administrative record to obtain missing medical notes, and giving undue weight to the consulting physician's report which did not explicitly support the capacity for sedentary work. Consequently, the Commissioner's determination was remanded for further administrative proceedings consistent with the District Court's decision, granting the plaintiff's motion for judgment on the pleadings to the extent of the remand and denying the Commissioner's cross-motion.

Social Security ActDisability Insurance BenefitsAdministrative Law JudgeTreating Physician RuleResidual Functional CapacitySedentary WorkMedical EvidenceRemandSubstantial EvidenceRecord Development
References
23
Case No. ADJ360205 (LBO 0384980)
Regular
Aug 05, 2010

Gurdev Malhotra vs. STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES FAIRVIEW; Legally Uninsured, CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's advisory opinion concerning permanent disability rating for grip loss. Defendant argued the WCJ erred by allowing rating for grip loss when range of motion was present, and that the QME's reports did not support grip loss rating. The Board rescinded the WCJ's findings, remanding the case for further proceedings to ensure the WCJ follows the established process for issuing rating instructions based on substantial medical evidence, as clarified in *Blackledge v. Bank of America*. The ultimate determination of permanent disability requires a proper QME opinion and subsequent rating instructions from the WCJ.

Workers' Compensation Appeals BoardGurdev MalhotraState of California Department of Developmental ServicesLegally UninsuredContract ServicesPermanent Disability RatingGrip LossAMA GuidesQualified Medical EvaluatorQME
References
1
Case No. MISSING
Regular Panel Decision

Formal Opinion No.

This opinion from the Chairman of the New York Workers' Compensation Board addresses the priority of income execution and income deduction orders, established by the 1985 Support Enforcement Act (CPLR §§ 5241, 5242), against other statutory deductions from workers' compensation awards. Historically, WCL § 33 provided broad exemptions for workers' compensation benefits. However, WCL §§ 206(2) and 25(4)(a) allow for reimbursement of disability insurers and employers for advance payments, respectively, and WCL § 24 establishes liens for attorneys' fees, traditionally enjoying highest priority. The 1985 Act amended WCL § 33 to make benefits subject to support enforcement and also stipulated that income executions and deduction orders take priority over other assignments, levies, or processes. The Board concluded that claims for attorneys' fees and reimbursements by disability insurance carriers and employers are to be deducted first from the workers' compensation award. The support enforcement remedies under CPLR §§ 5241 and 5242 then apply to the balance of the workers' compensation benefits paid to the employee. This approach ensures prompt payment to injured workers and prevents double payment issues.

Workers' CompensationSupport Enforcement ActIncome ExecutionIncome DeductionLien PriorityStatutory InterpretationDisability Benefits ReimbursementEmployer ReimbursementAttorneys' Fees PriorityCPLR 5241
References
9
Case No. Bronx County Clerk’s Index No. 21460/04
Regular Panel Decision
Apr 06, 2006

Bovis Lend Lease LMB, Inc. v. Great American Insurance

This case is an appeal concerning a dispute among several insurance companies over the priority of coverage for a construction manager and owner in an underlying wrongful death action. The court analyzed the terms of various primary and umbrella liability policies, establishing that an umbrella policy is generally excess to primary coverage unless specified otherwise within the policy. The Supreme Court's prior ruling on the order of coverage was modified. For Bovis, DASNY, and NYC, the new order of coverage after the exhaustion of QBE's policy is Liberty, then Illinois, followed by United and Westchester sharing ratably. For Stonewall, after QBE's exhaustion, the coverage order is Liberty, then Westchester, with no contribution from United. The court also affirmed that policy provisions, not underlying trade contracts, dictate coverage priority and declined to issue an advisory opinion on Great American's coverage due to prematurity.

Insurance Coverage DisputePriority of CoverageUmbrella Liability PolicyPrimary Insurance PolicyAdditional InsuredSubcontractor InsuranceGeneral Contractor InsuranceConstruction ProjectWrongful Death ActionDeclaratory Judgment
References
24
Case No. MISSING
Regular Panel Decision

Tiffany & Co. v. Costco Wholesale Corp.

This Memorandum Opinion and Order addresses post-trial motions in a trademark infringement and counterfeiting case brought by Tiffany against Costco. The Court granted summary judgment finding Costco liable for using "Tiffany" as a standalone term on engagement ring signage. Following a jury trial on monetary recovery, the Court, treating the jury's profit verdict as advisory, upheld a $3.7 million profit award, trebled it to $11.1 million due to Costco's willful infringement, and affirmed an $8.25 million punitive damages award. The Court also issued a permanent injunction prohibiting Costco from using the "Tiffany" mark as a standalone term for non-Tiffany products.

Trademark InfringementTrademark CounterfeitingLanham ActPunitive DamagesProfits AccountingInjunctionSouthern District of New YorkJury Verdict AdvisoryWillful InfringementTreble Damages
References
20
Case No. MISSING
Regular Panel Decision

Truelove v. Northeast Capital & Advisory, Inc.

Plaintiff William B. Truelove, Jr. sued his former employer, Northeast Capital & Advisory, Inc., under Labor Law article 6, seeking unpaid bonus installments. Truelove was awarded a bonus payable quarterly, but after his resignation, the employer ceased payments, citing a condition of continued employment. The Court examined whether the bonus constituted "wages" under Labor Law § 190 (1). It concluded that the bonus, contingent on firm financial success and employer discretion rather than personal productivity, did not meet the statutory definition of wages. Consequently, the employer's requirement of continued employment for bonus payments was upheld, and the Appellate Division's affirmation of the lower court's decision was affirmed.

Bonus CompensationWage DisputeLabor Law Article 6Employee ResignationContractual RightDiscretionary BonusStatutory InterpretationIncentive CompensationContinued Employment ConditionProfit Sharing
References
6
Case No. ADJ8700541
Regular
Oct 17, 2019

ZAHRA STEPHENS vs. COX ENTERPRISES, INC.

The Appeals Board granted reconsideration to review the WCJ's finding of permanent and total disability based on the opinions of a psychologist, Dr. Windman, and a vocational expert, Mr. Wilkinson. The Board found that Dr. Windman's opinion lacked substantial evidence due to inconsistencies, inadequate record review, and conflicts with other medical opinions. Consequently, Mr. Wilkinson's vocational opinion, which relied heavily on Dr. Windman's findings, was also deemed not substantial evidence. The case is remanded to the trial level for further proceedings and a new determination of permanent disability.

Workers' Compensation Appeals BoardReconsiderationPermanent Total DisabilityMedical OpinionVocational ExpertSubstantial EvidencePQMENeurologistPsychologistOrthopedist
References
10
Case No. ADJ1142998 (RDG 0118288)
Regular
Aug 18, 2009

STEVE REYNOLDS vs. WYCKOFF LOGGING, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB had previously rescinded a finding that avascular necrosis was not a compensable consequence of the applicant's injury, finding the relied-upon medical opinion speculative. The defendant argues the WCJ correctly favored the opinion of Dr. Glancz over Dr. Barber. The WCAB denied reconsideration, reaffirming that Dr. Glancz's opinion was not substantial evidence due to repeated questioning of the injury mechanism, while Dr. Barber's opinion was persuasive and based on a complete history. Therefore, the WCAB maintained its prior decision that Dr. Barber's opinion constituted substantial evidence supporting the applicant's claim.

Avascular necrosiscompensable consequencesubstantial evidencemedical opinionworkers' compensation administrative law judgereconsiderationfindings and ordermedical treatmentindustrial basissubstantial evidence
References
1
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