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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

In re Yovanny L.

This case addresses the accuracy of court interpreter translations in a juvenile delinquency proceeding. The Assistant Corporation Counsel moved to strike the complainant's testimony, alleging significant errors by the court-appointed Mandarin interpreter. After conducting a hearing and considering testimony from both the Assistant Corporation Counsel and the interpreter, the court acknowledged that some minor errors in translation and interpreter conduct occurred. However, the court ultimately found these errors to be isolated instances and not sufficiently serious or pervasive to cause major prejudice to any party. Consequently, the drastic remedy of striking the testimony and starting anew was denied, and the trial was ordered to resume with a different Mandarin interpreter.

Juvenile DelinquencyCourt InterpretersTranslation AccuracyDue Process RightsEvidentiary MotionTestimony AdmissibilityMandarin LanguageFamily Court ProcedureJudicial ReviewProcedural Errors
References
7
Case No. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
Case No. 2022 NY Slip Op 00228 [201 AD3d 1164]
Regular Panel Decision
Jan 13, 2022

Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor)

This case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from decisions by the Unemployment Insurance Appeal Board. The Board determined that Fausto Debora, a linguist, was an employee of LIS and that LIS was liable for unemployment insurance contributions. The Appellate Division, Third Department, affirmed the Board's finding, concluding that substantial evidence supported the existence of an employment relationship. The court noted that LIS exercised sufficient control over its linguists by screening qualifications, negotiating pay, and assigning jobs, despite some flexibility offered to the linguists. The decision also dismissed LIS's argument regarding Department of Labor guidelines, stating no inconsistency was found with established common-law tests for employment.

Unemployment InsuranceEmployment RelationshipIndependent ContractorAppellate ReviewSubstantial EvidenceLinguist ServicesControl TestDepartment of Labor GuidelinesEmployer LiabilityStatutory Interpretation
References
10
Case No. la-is^aoogo-CV
Regular Panel Decision
Apr 09, 2015

in the Matter of the Marriage of Edsel A. Dixon and Heather D. Dixon, and in the Interest of Ashley Lynn Dixon, a Child

This document is an Affidavit of Indigency filed by EJscrd A. Dixon (Cause Number la-is^aoogo-CV) on April 9, 2015, in Tyler, Texas. The applicant requests a waiver of court fees due to financial hardship, declaring no monthly net income after taxes and no stated amount received from public benefits, despite checking boxes for various entitlements such as SSI, Food Stamps, and Medicaid. Dixon's occupation is listed as a Welder/Mechanic for Kentuckiana Real Estate. The affidavit details monthly expenses, including $305.00 for rent, $250.00 for food, and $200.00 for utilities, totaling $755.00. Assets reported include $50.00 in cash and $150.00 in bank accounts, with a total property value of $200.00.

AffidavitIndigencyCourt FeesFinancial HardshipWaiver RequestPublic BenefitsIncome StatementExpense ReportAsset DeclarationNotarized Document
References
0
Case No. MISSING
Regular Panel Decision
Jan 28, 2015

Tom J. Jones, and All Occupants v. Dinh Tran & Sonny & Anna, LLC

This document is an Affidavit of Indigency, also known as a Pauper's Oath or Affidavit of Inability to Pay Court Costs. It is used by a petitioner to request the court to waive court fees, asserting an inability to pay due to indigency or receipt of public benefits. The affidavit requires the petitioner to provide current, complete, and true financial information, including income sources and amounts, public benefits received, dependents, property, debts, and monthly expenses. The document warns that false statements can lead to prosecution and states that the court may conduct a hearing to verify the financial information before approving or denying the request for fee waiver. The case involves I. J. Doubs as the petitioner and Jerry D. Crawford as the respondent, filed in the 14th Court of Appeals, Houston, Texas, on January 28, 2015.

Affidavit of IndigencyCourt Costs WaiverPauper's OathFinancial DisclosurePublic BenefitsFee ExemptionTexas Civil ProcedureIndigent LitigantJudicial AdministrationCivil Litigation
References
0
Case No. MISSING
Regular Panel Decision

Millstone Investment & Management, L.L.C. v. BNC Retax, L.L.C.

Millstone Investment & Management, L.L.C. appealed the trial court's denial of its summary judgment motion and the granting of BNC Retax, L.L.C.'s cross-motion. The dispute centered on the validity of tax liens transferred from taxing units (Alief Independent School District and Harris County) to RETax Funding L.P., BNC's predecessor, after TTSF, L.P. # 2 failed to pay property taxes. Millstone argued the liens were invalid because the tax collectors' certificates were not sworn affidavits as required by Texas Tax Code Ann. § 32.06, referencing the Texas Government Code's definition of 'affidavit.' The appellate court affirmed the trial court's judgment, holding that section 32.06(b) did not require the tax collectors to swear to the veracity of their certifications, interpreting the term 'affidavit' in that context as a unique document not subject to the general Government Code definition, especially given the option to attach a seal or sign before a notary.

Tax Lien TransferSummary JudgmentStatutory ConstructionTexas Tax CodeAffidavit InterpretationProperty ForeclosureDelinquent TaxesTax Collector CertificationDeed of TrustAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Concerned Home Care Providers, Inc. v. State

The case concerns a challenge by home care service agencies and a trade association (petitioners) to New York's Wage Parity Law (Public Health Law § 3614-c). This law conditions Medicaid reimbursement for home health care services in the metropolitan New York area on agencies paying home care aides a minimum wage, determined by reference to New York City's Living Wage Law. Petitioners argued the law was unconstitutional due to improper delegation of legislative authority, violation of the "incorporation by reference" clause, and violation of home rule provisions. They also challenged the Department of Health's (DOH) interpretation of "total compensation." The Supreme Court granted summary judgment to the respondents (DOH), and the appellate court affirmed, finding no improper delegation, no violation of the incorporation by reference clause, home rule provisions inapplicable as Medicaid is a state concern, and DOH's interpretation of "total compensation" to be rational.

Wage Parity LawHome Health Care ServicesMedicaid ReimbursementConstitutional LawLegislative AuthorityNew York City Living Wage LawHome RuleDue ProcessDepartment of HealthStatutory Interpretation
References
27
Case No. MISSING
Regular Panel Decision

Amedore v. Peterson

Judge Graffeo dissents from a decision concerning the interpretation of New York Election Law § 11-302, which governs the use of special ballots by poll workers. The dissent argues that the statute's provisions, stating that special ballots should be provided "not earlier than two weeks before the election" and cast "not later than the close of the polls on election day," imply a requirement that these ballots also be cast no earlier than two weeks prior to the election. The Appellate Division, however, concluded there was no violation when ballots were both distributed and cast more than two weeks before the election, allowing them to be canvassed. Graffeo contends that this interpretation warrants further appellate review due to conflicting lower court conclusions and the importance of strict compliance with election procedures, referencing previous rulings on absentee balloting.

Statutory InterpretationElection LawSpecial BallotsPoll WorkersVoting ProceduresBallot CanvassingAppellate ReviewStrict ComplianceDissenting OpinionNew York Election Law
References
2
Case No. MISSING
Regular Panel Decision

National Propane Gas Ass'n v. United States Department of Transportation

This case involves a challenge by plaintiffs National Propane Gas Association, Northwest Butane Gas Co., and Huffhines Gas, Inc. against the United States Department of Transportation (DOT) and the Research and Special Programs Administration (RSPA). The plaintiffs sought to stay and enjoin the enforcement of RSPA's "Final Rule" and its interpretation of the "Attendance Regulation," alleging violations of the Administrative Procedure Act and the Regulatory Flexibility Act. Both regulations pertain to safety requirements for cargo tank motor vehicles transporting liquefied compressed gases, particularly concerning emergency discharge control systems and operator presence during unloading. The court sided with the defendants, upholding both the Final Rule and RSPA's interpretation of the Attendance Regulation. The ruling affirmed that RSPA's actions were within its statutory authority, were not arbitrary or capricious, and complied with the RFA, based on reasoned decision-making in response to widespread industry noncompliance and potential safety risks.

Regulatory challengeadministrative lawhazardous materialscargo tanksliquefied gasespropanepublic safetyemergency discharge controloperator attendanceRSPA
References
23
Case No. ADJ14111846
Regular
Feb 10, 2023

NILOOFAR IRANI vs. TRENDZ BEAUTY EAST INC./SHAPES BROW BAR, AMGUARD INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, affirming the WCJ's decision. The applicant contested the validity of the Agreed Medical Evaluator's (AME) report, claiming a Farsi interpreter was absent during her examination. However, the WCJ found the AME's opinion persuasive based on evidence including the interpreter's affidavit, a declaration from the medical provider's office, and supporting documentation. The Board adopted the WCJ's reasoning, finding no good cause to overturn the decision.

Niloofar IraniTrendz Beauty East Inc.Shapes Brow BarAmGurd Insurance CompanyGallagher Bassett Services Inc.Petition for ReconsiderationAgreed Medical EvaluatorAME reportsubstantial medical evidenceFarsi interpreter
References
1
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