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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Washington Heights—West Harlem—Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This District Court opinion addresses motions by the Washington Heights Mental Health Council to amend its complaint and by District 1199 to enforce an arbitration award. Previously, the court vacated an award reinstating Edward Lane with back pay, but the Second Circuit reversed and remanded. The court now finds an oral collective bargaining agreement existed, generally requiring enforcement of the arbitration award. However, new serious allegations against Lane, if proven, could justify discharge. A strong public policy against reinstating a mental health worker accused of sexually molesting patients warrants staying his reinstatement pending arbitration of these new claims. Despite this, the court orders the Council to comply with the back pay portion of the arbitration award, finding no public policy violation in that aspect.

Arbitration Award EnforcementCollective Bargaining AgreementBack PayReinstatement StayedSexual Misconduct AllegationsPublic Policy ExceptionLabor DisputeAmended ComplaintFederal Rules of Civil ProcedureRemand Order
References
11
Case No. MISSING
Regular Panel Decision
Jul 18, 2001

Dutton v. Charles Pankow Builders, Ltd.

This case involved an amended judgment from the Supreme Court, New York County, concerning personal injury damages awarded to two construction workers. The judgment apportioned liability 20% against the general contractor and 80% against the subcontractor/employer. The court reviewed post-trial motions from the subcontractor to dismiss a contractual indemnification claim by the general contractor and motions from both parties to set aside future lost earnings awards as excessive. The court unanimously affirmed the amended judgment, finding the indemnification clause enforceable as it allowed for partial, not full, indemnification. The apportionment of liability was also upheld, supported by evidence of negligence from both the general contractor and the subcontractor. Additionally, the court found the awards for future lost earnings, including evidence of reasonably certain wage increases and application of CPLR 5041 (e) adjustment, to be proper.

Construction injuryPersonal injury damagesContractual indemnificationLiability apportionmentLost earnings awardGeneral contractor negligenceSubcontractor negligenceIndemnification clause enforceabilityStatutory interpretationAppellate review
References
4
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision
Nov 16, 1990

Continental Building Co. v. Town of North Salem

This case concerns an amended order regarding the award of attorney's fees under 42 USC § 1988. The court re-affirmed its previous finding that the plaintiff was a 'prevailing party' and that no 'special circumstances' existed to deny the award, rejecting arguments regarding defendants' good faith, plaintiff's financial ability, or third-party contributions. The court then determined the reasonableness of the fees, finding the hours expended and the hourly rate to be appropriate. Despite the 'lodestar fee' calculation, the court, exercising its discretion, reduced the final award to prevent overpricing litigation, ultimately granting $318,977.78 in attorney's fees and $73,022.22 in disbursements and expenses.

Civil RightsAttorney's FeesPrevailing PartySpecial CircumstancesLodestar MethodDisbursementsExpert Witness FeesSection 1983Section 1988Exclusionary Zoning
References
32
Case No. MISSING
Regular Panel Decision
Oct 28, 1999

Rios v. 474431 Associates

The case involves an appeal by defendant 474431 Associates from an amended judgment awarding damages to the plaintiff for personal injuries. The Supreme Court had granted partial summary judgment on liability to the plaintiff under Labor Law § 240 (1). The plaintiff established through circumstantial evidence that a pipe fell from an elevated height, striking him while he worked at ground level in the defendant's building. The appellate court affirmed the amended judgment, finding the plaintiff was properly granted summary judgment on liability. Furthermore, the court determined that the award of damages did not deviate materially from reasonable compensation.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewDamagesCircumstantial EvidenceFalling ObjectConstruction SiteLiabilityAffirmed Judgment
References
2
Case No. ADJ5487199 ADJ5087748 ADJ8108959 ADJ8253201
Regular
Oct 09, 2017

AVIGAIL URUETA vs. NORTHROP CORPORATION, AIG, FREMONT INDEMNITY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a November 28, 2016 Joint Findings and Award. Subsequently, the Workers' Compensation Judge (WCJ) issued an Amended Joint Findings and Award on January 4, 2017, within the permissible 15-day window for amendments. Since no further petitions for reconsideration were filed regarding the amended decision, the WCAB vacated its initial grant of reconsideration. Consequently, the petitions for reconsideration of the original award are dismissed.

Workers' Compensation Appeals BoardNorthrop CorporationAIGFremont IndemnitySedgwick CMSPetition for ReconsiderationJoint Findings and AwardAmended Joint Findings and AwardWCJWCAB Rule 10859
References
0
Case No. MISSING
Regular Panel Decision

Claim of Canfield v. Thompson & Johnson Equipment

The claimant appealed an amended decision by the Workers’ Compensation Board concerning benefits for a work-related hand injury. Following the amputation of two fingers, the claimant sought an award based on a 70% schedule loss of use of the right hand, arguing for an additional 'loading' percentage as described in the Board's medical guidelines. The Board, however, determined that 'loading' was already incorporated into the percentage losses specified for multiple digit amputations in their guidelines. Consequently, the claimant's award was modified to reflect a 35% schedule loss of use. The appellate court affirmed the Board's amended decision, finding a rational basis for its interpretation of the medical guidelines.

Schedule Loss of UseWorkers' Compensation BenefitsAmputationMedical GuidelinesLoading CalculationRight Hand InjuryAppellate ReviewStatutory InterpretationWork-related AccidentJudicial Affirmation
References
1
Case No. ADJ9500046
Regular
Jun 26, 2025

NADINA WARE vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an Amended Findings and Award, where the WCJ found applicant Nadina Ware's combined injuries resulted in permanent total disability and eligibility for SIBTF benefits. SIBTF contended the findings lacked specific detail on eligibility requirements, insufficient contemporaneous evidence of prior disability, and that medical and vocational reports were not substantial evidence. The Appeals Board rescinded the decision, finding the Amended Findings and Award lacked specific findings and explanation for the conclusion of permanent total disability, and that the medical examiners did not adequately assign Whole Person Impairment (WPI) for all pre-existing conditions. The matter was returned to the trial level for further proceedings.

Subsequent Injuries Benefits Trust FundSIBTFPermanent Total DisabilityPre-existing DisabilitiesApportionmentWhole Person ImpairmentWPIAMA GuidesSubstantial Medical EvidenceVocational Consultant
References
7
Case No. ADJ12239828 (MF); ADJ12514900
Regular
Apr 17, 2023

LETICIA RIVERA GUTIERREZ vs. LABORNOW INC, GALLAGHER BASSETT GOLD RIVER

The Workers' Compensation Appeals Board granted reconsideration and amended the original Findings and Award concerning attorney fees for both adjudication numbers. The Board adopted and incorporated the WCJ's report, affirming the findings and award with the specified amendments. Specifically, Finding of Fact 8 was modified for ADJ12239828 to reflect an attorney fee of $5,698.50 plus 15% of temporary disability, and for ADJ125149008, to reflect an attorney fee of $913.50. The Board denied the defendant's petition on the issue of apportionment, finding they failed to meet their burden of proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardAttorney FeeTemporary DisabilityPermanent DisabilityApportionmentLabor Code § 5705Labor Code § 4663
References
6
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