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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 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

Rosas v. Alice's Tea Cup, LLC

This Memorandum and Order addresses motions in a labor dispute brought by current and former employees against Alice’s Tea Cup, LLC and related entities, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The plaintiffs sought a protective order to prevent discovery into their immigration status, tax returns, and current employers, arguing irrelevance and undue prejudice. The court granted the protective order, finding this information irrelevant to wage claims and emphasizing the potential for intimidation. The court also granted the plaintiffs leave to amend their complaint to add Lauren Fox as a defendant, Teofilio Toribio as an opt-in plaintiff, and to remove class action allegations.

FLSANYLLWage and HourOvertimeProtective OrderDiscoveryImmigration StatusTax ReturnsCurrent EmployerLeave to Amend
References
42
Case No. MISSING
Regular Panel Decision
May 24, 1993

Girardin v. Town of Hempstead

The plaintiffs appealed an order from the Supreme Court, Nassau County, dated May 24, 1993. This order granted the defendants' motion to amend their answers to include the affirmative defense of res judicata and subsequently dismissed the complaint. The appellate court affirmed this decision, finding that the Supreme Court did not improvidently exercise its discretion in granting leave to amend. The appellate court noted that the defense of res judicata was not available at the time of joinder of issue, as Workers’ Compensation determinations were still pending. The delay in filing the motion to amend after these determinations was not considered excessive. The plaintiffs' claim of prejudice due to the delay was rejected, as they had the opportunity to appeal the Workers’ Compensation determinations but chose not to.

Personal InjuriesRes JudicataCPLR 3025(b)Leave to AmendAffirmative DefenseDismissal of ComplaintAppellate ReviewJudicial DiscretionPrejudiceSupreme Court
References
5
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. MISSING
Regular Panel Decision

Wyso v. City of New York

In a wrongful death action, plaintiffs appealed an order from the Supreme Court, Queens County, which permitted the defendant to amend its answer. The amendment sought to add an affirmative defense asserting the exclusive remedy of workers’ compensation. The defendant’s motion to amend was granted approximately three years after the initial answer was served. The court affirmed the lower court's decision, finding no abuse of discretion. It reasoned that the plaintiffs were aware of the decedent's employment status and thus could not claim surprise or prejudice. The court also clarified that the workers' compensation defense is only waived if not raised until final disposition, concluding that the defendant’s alleged delay did not preclude the amendment.

Wrongful Death ActionWorkers' Compensation DefenseAmendment of PleadingsAffirmative DefenseCPLR 3025CPLR 3205PrejudiceLachesWaiverAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

In Re Raggie

Severius Raggie, a debtor, filed for Chapter 13 bankruptcy in January 2006, which was subsequently dismissed in February 2006 due to his failure to comply with credit counseling requirements and other obligations. In January 2008, Raggie moved to amend his Schedule B and Statement of Financial Affairs to include a personal injury claim against CVP # 1, LLC et al. This motion was prompted by the defendants' attempt in state court to dismiss the personal injury action because it was not listed in Raggie's bankruptcy petition. The court addressed the core issue of whether a dismissed bankruptcy case, as opposed to a closed one, precludes a debtor's right to amend schedules under Bankruptcy Rule 1009(a). The court concluded that 'closed' under § 350 and Rule 1009 does not encompass 'dismissed,' thereby maintaining Raggie's right to amend. Finding no evidence of bad faith, fraud, or prejudice to creditors, the court granted Raggie's motion to amend his schedules, rendering the motion to vacate the dismissal order moot.

Bankruptcy LawChapter 13Schedule B AmendmentDismissed CaseClosed Case DistinctionPersonal Injury ClaimDebtor's RightsFederal Rules of Bankruptcy ProcedureBad FaithCreditor Prejudice
References
17
Case No. ADJ6886930
Regular
Oct 11, 2010

MARIA TERESA RODRIGUEZ vs. MOUNTAIN F ENTERPRISES INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of an order that reduced the agreed-upon attorney's fee in a death benefit and serious and willful misconduct compromise and release. The Board found the WCJ's reasons for the reduction inadequate and intended to amend the order to approve the original $38,500 attorney's fee. This is being done after providing applicant's counsel an opportunity to comply with procedural requirements regarding fee increases, and applicant notice of her right to seek independent counsel.

AMENDED COMPROMISE AND RELEASESERIOUS AND WILLFUL MISCONDUCTPETITION FOR RECONSIDERATIONGUARDIAN AD LITEMATTORNEY'S FEE REDUCTIONINDUSTRIAL INJURYDEATH CLAIMDEPENDENTSWAGESLABOR CODE
References
6
Case No. ADJ7350346
Regular
Jan 05, 2012

TENNE PHAM vs. HAWAIIAN GARDEN CASINO, TRAVELERS INSURANCE COMPANY

This order denies Tenne Pham's Petition for Removal in a workers' compensation case against Hawaiian Garden Casino and Travelers Insurance Company. The Appeals Board adopted the findings of the Workers' Compensation Judge, denying the removal. Additionally, the Board ordered a correction of a clerical error in a previous order to remove one of the case numbers from the caption. Therefore, the Petition for Removal is denied, and the prior order is amended.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeClerical ErrorDenying RemovalCorrecting Clerical ErrorStrike Case NumberOrder Denying RemovalADJ3545303ADJ7350346
References
0
Case No. ADJ3445477 (RDG 0108598)
Regular
Apr 21, 2011

DENNIS NEWELL (Deceased) DEBORAH NEWELL (Widow) vs. FORD CONSTRUCTION COMPANY, MAJESTIC INSURANCE COMPANY

This case concerns a widow's claim for death benefits due to an alleged Serious and Willful Misconduct by the employer, Ford Construction Company. The Appeals Board previously rescinded a decision finding such misconduct. The applicant now seeks reconsideration, arguing the Board's prior decision was inconsistent with an appellate court ruling concerning specific OSHA Safety Orders. The Board granted reconsideration, concluding that the applicant waived the issue of Safety Order 4999(b)(1) and that, despite the appellate court's mention of Safety Order 5042(a)(6) without a specific finding, the overall appellate decision negated the Serious and Willful claim. Therefore, the Board affirmed its prior decision and amended a finding to explicitly state no violation of Safety Order 5042 occurred.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code 4553Labor Code 4553.1Safety Order 5002Safety Order 4999(b)(1)Safety Order 5042(a)(6)RemittiturFindings and AwardRes Judicata
References
3
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