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

Case No. 2018 NY Slip Op 00113 [157 AD3d 474]
Regular Panel Decision
Jan 09, 2018

Serrano v. TED Gen. Contr.

In this case, plaintiff Pedro Serrano sustained injuries after falling from a sidewalk shed while moving sheetrock at a construction site. The Supreme Court initially denied the plaintiffs' motion for partial summary judgment on Labor Law 240 (1) liability. However, the Appellate Division, First Department, reversed this decision, finding the plaintiffs were prima facie entitled to summary judgment. The court clarified that the lack of other witnesses did not undermine the plaintiff's credibility and dismissed the defendant's speculative expert report. Additionally, the Appellate Division affirmed that TED General Contractor was the general contractor with control over the project and that Serrano qualified as a protected worker under the Labor Law.

Summary judgmentLabor Law 240 (1)Sidewalk shed accidentFall from heightConstruction site injuryGeneral contractor liabilityPrima facie entitlementExpert report speculationAppellate DivisionWorker protection
References
5
Case No. CV-23-1969
Regular Panel Decision
Mar 27, 2025

In the Matter of the Claim of Jaime Serrano

Claimant, Jaime Serrano, a housekeeper, was injured at work in 2014, leading to established claims for left shoulder and lower back injuries, and later consequential depression. A Workers' Compensation Law Judge (WCLJ) initially found a permanent total disability. However, the Workers' Compensation Board reversed this decision, finding insufficient credible medical evidence to support a permanent total disability and subsequently denied the claimant's application for reconsideration. The Appellate Division affirmed both Board decisions, crediting the medical opinions of the treating physician and an orthopedic surgeon who concluded that the claimant was capable of some work and gainful employment, thus supporting the Board's finding. The court also found no abuse of discretion in the Board's denial of reconsideration, as the arguments presented merely reiterated challenges to the initial Board decision.

Permanent Total DisabilityTemporary Total DisabilityPermanent Partial DisabilityTemporary Partial DisabilityWorkers' Compensation BenefitsRotator Cuff SurgeryConsequential DepressionLabor Market AttachmentMedical EvidenceSchedule Loss of Use
References
8
Case No. MISSING
Regular Panel Decision

Lopez-Serrano v. Rockmore

Karla Lopez-Serrano sued her former employer, Allison Rockmore, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) for unpaid minimum wage, overtime, and retaliation. Rockmore filed a motion to dismiss the amended complaint, citing insufficient pleading, mootness due to tendered wages, and untimely claims. Lopez-Serrano cross-moved for leave to file a second amended complaint. The court denied Rockmore's motion to dismiss, finding that Lopez-Serrano plausibly stated claims for minimum wage and overtime for specific workweeks, and her retaliation claim was timely. The court granted Lopez-Serrano's cross-motion for leave to amend her complaint.

Fair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and HourMinimum WageOvertime WagesRetaliationMotion to DismissLeave to AmendPleading StandardsStatute of Limitations
References
45
Case No. CV-23-1969; 2025 NY Slip Op 01844
Regular Panel Decision
Mar 27, 2025

Matter of Serrano v. Bay Park Ctr. for Nursing & Rehabilitation

Claimant Jaime Serrano, a housekeeper, sustained work-related injuries in 2014, leading to a workers' compensation claim for left shoulder and lower back issues, later expanded to include consequential depression. A Workers' Compensation Law Judge initially found him to have a temporary total disability and subsequently a permanent total disability. However, the Workers' Compensation Board, upon review, determined that there was insufficient credible medical evidence to establish a permanent total disability and denied his application for reconsideration. The Appellate Division affirmed both Board decisions, finding substantial evidence supported the Board's conclusion that the claimant was capable of some work and gainful employment.

Workers' CompensationPermanent Total DisabilityTemporary Total DisabilityMedical EvidenceLabor Market AttachmentRotator Cuff SurgeryConsequential DepressionPsychiatric EvaluationOrthopedic EvaluationMaximum Medical Improvement
References
8
Case No. ADJ992109 (LAO 0844312)
Regular
Sep 29, 2076

MARIA SERRANO vs. BANK OF AMERICA, AIG CLAIMS

The Workers' Compensation Appeals Board denied Maria Serrano's petition for reconsideration. The Board found that Serrano failed to demonstrate that her pre-existing non-industrial psychiatric condition was "labor disabling" prior to her subsequent industrial injury. Evidence of a later diagnosis of significant psychiatric disability is insufficient without contemporaneous proof of interference with work activity. Therefore, the applicant could not establish the necessary requirement for Subsequent Injuries Fund benefits.

SIF benefitslabor disablingprior industrial injurypermanent disability awardwork activity interferenceasymptomatic diseasecontemporaneous evidenceretroactive assignmentpsychiatric disabilityburden of proof
References
5
Case No. ADJ8875115
Regular
Nov 26, 2013

PHAEDRA SERRANO vs. SKYWEST AIRLINES, ACE AMERICAN INSURANCE, SEDGWICK CLAIMS MANAGEMENT

The applicant, Phaedra Serrano, sought temporary disability indemnity for the period from May 29, 2013, to September 19, 2013. The Workers' Compensation Appeals Board denied her petition for reconsideration of the original finding that she was not entitled to this indemnity. The Board adopted the judge's report, which found that Serrano tacitly refused an offer of modified employment by failing to promptly notify her employer of her inability to access her work due to badge and parking issues. This failure to communicate, in conjunction with her prior "no-show" instances, was deemed equivalent to a refusal of employment, thus precluding temporary disability benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityModified EmploymentRefusal of EmploymentNo Call/No ShowSIDA BadgeParking PassJob AbandonmentTermination
References
7
Case No. ADJ4319459 (OAK 0340671)
Regular
Jan 19, 2011

AMADEO SERRANO vs. ABM INDUSTRIES, INC.

In this workers' compensation case, the defendant sought reconsideration of an interlocutory order regarding the Agreed Medical Evaluator (AME). The Appeals Board dismissed the petition for reconsideration, holding that such procedural rulings are not final orders subject to review. The Board also denied the defendant's request for removal, finding no substantial prejudice or irreparable harm warranting that extraordinary remedy. The original finding that the applicant sustained an industrial heart injury on February 22, 2007, remains unchallenged procedurally.

Workers Compensation Appeals BoardAmadeo SerranoABM IndustriesInc.Ace USA-ESISFinding of FactRoger Nacouzi M.D.Agreed Medical EvaluatorPanel Qualified Medical EvaluatorPetition for Reconsideration
References
7
Case No. ADJ514501
Regular
May 29, 2012

ANTEINOR SERRANO vs. REMEDY INTELLIGENT STAFFING, CUSTOM BUILDING PRODUCTS, CHARTIS, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration as a clerical matter to ensure internal consistency in the original decision. The WCAB affirmed the judge's decision, finding that applicant Antenor Serrano sustained an injury to his back and left knee arising out of and occurring in the course of employment. The case was returned to the trial level for further proceedings regarding insurance carriers.

Workers' Compensation Appeals BoardReconsiderationDecision After ReconsiderationJanitorCustom Building ProductsRemedy Intelligent StaffingBack InjuryKnee InjuryInsurance CarriersAdministrative Law Judge
References
0
Case No. ADJ1491092
Regular
Dec 26, 2014

SIPRIANO SERRANO vs. TREND OFFSET PRINTING, AMERICAN CASUALTY COMPANY OF READING PA c/o CNA

The Workers' Compensation Appeals Board (WCAB) dismissed Sipriano Serrano's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board also dismissed the petition for removal as moot because the relevant lien claim had been resolved. Ultimately, the WCAB found that interlocutory procedural or evidentiary decisions are not subject to reconsideration. Therefore, both petitions were dismissed as inappropriate.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightInterlocutory OrderProcedural DecisionEvidentiary DecisionMoot PetitionLien ClaimantWorkers' Compensation Appeals Board
References
9
Case No. MISSING
Regular Panel Decision
Oct 05, 2006

Burr Ex Rel. Burr v. Toyota Motor Credit Co.

Howard and Daisy Burr, New York residents, sued Liliana Serrano (New Jersey resident) and Toyota Motor Credit Co. (TMCC) for injuries Daisy sustained in a car accident. The case, initially filed in New York Supreme Court, was removed to federal court by TMCC on grounds of diversity jurisdiction. The Burrs moved to remand, arguing untimely removal and lack of Serrano’s consent, and that the amount in controversy was not met. The court found that while the amount in controversy requirement was likely met due to Daisy's "serious and severe permanent personal injuries", TMCC's removal petition was untimely. TMCC either waived service by filing a joint Answer on August 10, 2006, or was served on August 14, 2006, making its September 15, 2006 removal untimely. Additionally, Serrano's written consent was not filed until October 2, 2006, further rendering the removal petition defective. Therefore, the Plaintiffs’ motion to remand was granted, and the case was sent back to the New York State Supreme Court, New York County.

RemovalRemandDiversity JurisdictionTimelinessConsentAmount in ControversyPersonal InjuryCar AccidentNegligenceFederal Rules of Civil Procedure
References
18
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