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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
Aug 06, 1996

County of Westchester v. Alfonso

The County of Westchester appealed a judgment from the Supreme Court, Westchester County, which denied its petition to vacate an arbitrator's award granting predetermination compensation benefits to Correction Officer Frank Alfonso and confirmed that portion of the award. The appellate court affirmed the Supreme Court's judgment. It found that the Supreme Court properly refused to vacate the arbitrator’s award. The court concluded there was a rational basis for the arbitrator's decision that Alfonso was entitled to benefits. Furthermore, the arbitrator's determination did not exceed his powers or violate public policy.

ArbitrationCompensation BenefitsPredeterminationConsent AwardPublic PolicyRational BasisAppellate ReviewCPLR 7511Vacate AwardConfirm Award
References
5
Case No. ADJ1907582
Regular
Sep 15, 2010

ALFONSO v. MORESI

The Workers' Compensation Appeals Board (WCAB) dismissed David Rochin's petition for reconsideration of a July 8, 2010 decision. The order does not specify the grounds for dismissal. This dismissal applies to multiple related case numbers.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDismissedJuly 8 2010 decisionSan Francisco CaliforniaService by mail
References
0
Case No. ADJ83 11836
Regular
Apr 15, 2016

ALFONSO SALAZAR vs. LEPRINO FOODS

The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming a prior order for reinstatement and increased pension benefits for applicant Alfonso Salazar. The employer challenged the order to pay increased pension benefits directly to the applicant, arguing it violated a collective bargaining agreement. The Board found that while standard workers' compensation is not a make-whole remedy, Labor Code section 132a, designed to prevent discrimination, entitles employees to be made whole for losses from wrongful termination. The Court clarified that the employer was ordered to pay applicant damages calculated by reference to lost pension benefits, not to violate the CBA by paying pension contributions directly to the plan.

Labor Code section 132aReissued OrderPetition for Reconsiderationreinstatementpension benefitscollective bargaining agreementWestern Conference of Teamsters Pension Planmake-whole remedywrongful terminationpermanent and stationary date
References
0
Case No. ADJ7074256
Regular
May 23, 2014

ALFONSO RODRIGUEZ vs. DANDEE TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over whether the applicant, Alfonso Rodriguez, adequately pursued medical evaluations before a mandatory settlement conference. The applicant sustained an injury in 2009 and has undergone evaluations by an Agreed Medical Evaluator and Qualified Medical Evaluators. However, at the settlement conference, the applicant claimed he still required treating physician reports in psychiatry and internal medicine, leading the trial judge to take the case off calendar. The Appeals Board granted the defendant's petition for removal, finding the applicant waived objections to proceeding by not objecting to the defendant's Declaration of Readiness to Proceed or the QME panels. The Board rescinded the order and returned the case to the trial level for another settlement conference and potential trial, emphasizing the applicant's lack of diligence in discovery.

Petition for RemovalRescind OrderOff CalendarAgreed Medical EvaluatorQualified Medical EvaluatorMandatory Settlement ConferenceDeclaration of Readiness to ProceedLabor Code section 4061(i)Due DiligenceDiscovery
References
3
Case No. MISSING
Regular Panel Decision

Garcia v. Astrue

This case involves Alfonso Garcia (Plaintiff) seeking Social Security benefits against Social Security Commissioner Michael J. Astrue (Defendant). The District Court adopted the Report-Recommendation of Magistrate Judge Victor E. Bianchini, which recommended denying the Defendant's motion for judgment on the pleadings and granting the Plaintiff's motion. The case is remanded to the Commission for further proceedings. The Magistrate Judge found the Administrative Law Judge (ALJ) committed several errors, including failing to adequately evaluate the opinions of treating physicians and a consultative examiner, not properly assessing a treating nurse practitioner's opinion, and failing to consider the impact of Plaintiff's obesity on his limitations. The District Court affirmed these findings, highlighting the need for further record development and proper assessment of medical evidence and the plaintiff's condition, including obesity.

Social Security benefitsdisability claimRFC assessmenttreating physician's opinionconsultative examinerobesity impactALJ errorsremand orderjudgment on pleadingsevidentiary record
References
47
Case No. ADJ2019047 (MON 0363206) ADJ2607993 (MON 0363205)
Regular
Feb 13, 2014

ALFONSO RIVERA vs. RITE-WAY MEAT PACKERS, INC., COMPWEST INSURANCE COMPANY

This case involves Alfonso Rivera's Petition for Reconsideration of a prior decision that denied his claim for new and further disability related to a back and hernia injury. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the administrative law judge's report. The Board emphasized that a prior 2010 award of lifetime medical treatment for the back and hernia remains in effect, and Rivera is encouraged to seek clarification from his attorney. Rivera's own handwritten statement, translated by the Board, expressed dissatisfaction and a need for medical attention, but lacked specificity.

Petition for ReconsiderationNew and Further DisabilityFindings and AwardStipulationLifetime Medical TreatmentCertified InterpreterPanel QMECumulative TraumaPermanent DisabilityOrthopedic Injuries
References
0
Case No. Index No. 161136/17 Appeal No. 15141 Case No. 2021-02236
Regular Panel Decision
Feb 22, 2022

Quiroz v. Memorial Hosp. for Cancer & Allied Diseases

Jose Alfonso Perez Quiroz, a construction worker, sustained injuries after falling from an unstable scaffold at a site managed by Memorial Hospital for Cancer and Allied Diseases and general contractor Turner Construction Company. He initiated legal action under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially denied his motion for partial summary judgment on the Labor Law § 240 (1) claim and dismissed his Labor Law § 241 (6) claim. However, the Appellate Division, First Department, reversed the Supreme Court's decision, granting Quiroz's motion for summary judgment on liability under Labor Law § 240 (1), finding the unsecured scaffold to be a proximate cause of his fall. The appellate court subsequently dismissed the Labor Law § 241 (6) claim as academic.

Construction AccidentScaffold FallLabor Law Section 240(1)Labor Law Section 241(6)Industrial Code ViolationsSummary Judgment AppealPlaintiff LiabilityDefendant LiabilityProximate CausationRecalcitrant Worker Defense
References
17
Case No. MISSING
Regular Panel Decision
Feb 09, 2016

Alfonso v. Lopez

Plaintiff commenced an action for damages due to injuries sustained at United Parcel Service, Inc.'s (defendant) facility. Plaintiff had previously filed a workers’ compensation claim and received benefits, listing defendant as the employer. Defendant moved to dismiss the complaint, arguing workers' compensation was the exclusive remedy. The Supreme Court granted the motion, which was unanimously affirmed on appeal. The court emphasized the exclusive nature of workers' compensation as a remedy and the Workers’ Compensation Board's primary jurisdiction over such matters, concluding that the benefits plaintiff received were his sole remedy against the defendant at this juncture.

Workers' CompensationExclusive RemedyPrimary JurisdictionAppellate ReviewMotion to DismissEmployee StatusOnondaga CountyNew York LawTort Claim DismissalWorkers' Compensation Board
References
12
Case No. MISSING
Regular Panel Decision
Jul 25, 2011

Alfonso v. Metropolitan Transit Authority

The plaintiff, a 52-year-old office worker, sustained a comminuted intraarticular fracture of the distal radial metaphysis of her right wrist and a cervical herniated disc after being struck by a truck owned by the Transit Authority. After a failed closed reduction, she underwent open reduction surgery with internal fixation and extensive physical therapy, resulting in reduced range of motion, continued pain, and progressive arthritis. A jury awarded the plaintiff $450,000 for past pain and suffering and $800,000 for future pain and suffering. The Supreme Court, New York County, affirmed this judgment, determining that the awards did not materially deviate from reasonable compensation.

personal injurymotor vehicle accidentfracturewrist injuryneck injuryshoulder injurypain and sufferingjury verdictaffirmationnegligence
References
4
Case No. LAO 0862644
Regular
Nov 13, 2007

ALFONSO CHAVEZ vs. DHL WORLDWIDE EXPRESS

The Appeals Board granted reconsideration, finding the WCJ erred by substituting his own medical conclusions for those of a qualified medical evaluator. The Board determined that the permanent disability rating was not supported by substantial medical evidence. Consequently, the issue of permanent disability was deferred for redetermination at the trial level, based on the opinion of Dr. Raskin.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityQualified Medical EvaluatorAMA GuidesWhole Person ImpairmentSubstantial EvidenceMedical TreatmentAdministrative Law JudgeReport and Recommendation
References
0
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