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

Case No. 2015 NY Slip Op 08350
Regular Panel Decision
Nov 17, 2015

Matter of Edubilio Andre R. (Andre R.)

The Appellate Division, First Department, affirmed the Family Court's orders of fact-finding and disposition, which determined that the respondent father, Andre R., permanently neglected his children. The Family Court had properly excused the petitioner agency, Cardinal McCloskey Community Services, from its duty to exercise diligent efforts for reunification. This decision was based on the father's felony conviction for sexual abuse, prior findings of sexual abuse against his daughter and medical neglect of his son, and expert testimony indicating that reunification would be traumatic for the children. The court noted the father's failure to participate in services or sexual offender programs while incarcerated. Additionally, appeals from the dispositional portions of the orders were dismissed due to the father's default at the hearings.

Child NeglectPermanent NeglectParental Rights TerminationSexual AbuseMedical NeglectDiligent Efforts ExcuseFamily Court AppealAppellate Division First DepartmentBest Interests of the ChildDefault at Dispositional Hearing
References
3
Case No. ADJ362322 (VNO 0554826)
Regular
Aug 20, 2009

ANDRE TEMURIAN vs. CITY OF PASADENA

The Workers' Compensation Appeals Board granted reconsideration to further develop the record in this case regarding applicant Andre Temurian's claim for a psychiatric injury. The initial decision denied the claim, finding that actual employment events were not the predominant cause of the injury, partly due to a lack of substantial medical evidence addressing a significant remodeling dispute applicant was involved in. The Board found the medical evidence critically flawed as it did not adequately explore the overlap between this dispute and the alleged workplace harassment by applicant's supervisor. Therefore, the matter was returned to the trial level for further proceedings to obtain a supplemental medical opinion and a new decision.

Workers Compensation Appeals BoardAndre TemurianCity of Pasadenapsychiatric injurycumulative periodsupervisor harassmentactual events of employmentpredominant causemedical reportssubstantial evidence
References
0
Case No. 2021 NY Slip Op 01738 [192 AD3d 953]
Regular Panel Decision
Mar 24, 2021

Andres v. North 10 Project, LLC

The plaintiff, Mieczyslaw Andres, commenced an action to recover damages for personal injuries he sustained when an electrical panel box he was removing fell and struck him. He appealed from an order denying his motion for summary judgment on the issue of liability under Labor Law § 240 (1) against defendants North 10 Project, LLC, and HSD Construction, LLC. The Appellate Division, Second Department, affirmed the lower court's decision, concluding that the plaintiff failed to establish that the electrical panel box was an object requiring securing under Labor Law § 240 (1).

Personal InjuryLabor Law § 240 (1)Summary Judgment MotionFalling Object DoctrineAppellate DivisionLiabilityConstruction Site SafetyStatutory InterpretationWorkers' RightsPremises Liability
References
7
Case No. ADJ4423738 (OAK 0328993)
Regular
Sep 16, 2013

ANDRE BRADFORD vs. LABOR READY; ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed Andre Bradford's petition for reconsideration because it was not timely filed. A petition for reconsideration can only be filed from a final order that determines substantive rights or liabilities. Interlocutory orders, such as those related to evidence, discovery, or trial setting, are not final and thus not subject to reconsideration. Bradford's petition was therefore dismissed.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionEvidentiary DecisionNon-FinalAggrieved PartyDisqualification
References
9
Case No. MISSING
Regular Panel Decision
Aug 07, 1997

Rodriguez v. Hanslmaier

Andres Rodriguez filed a petition for a writ of habeas corpus, alleging ineffective assistance of appellate counsel for failing to challenge his guilty plea. Magistrate Judge Andrew J. Peck issued a report recommending denial of the petition. The District Court, presided over by Judge John E. Sprizzo, adopted this report and recommendation. The court found that appellate counsel's strategy to challenge only the excessive sentence, rather than the guilty plea, was reasonable given the petitioner's prior agreement and the potential risk of a murder trial with a life sentence if the plea was vacated. The court also noted that the trial judge's decision on the plea's voluntariness and counsel's effectiveness was based on in-court observations and credibility assessments, making an appeal unlikely to succeed. Consequently, Rodriguez's petition was denied with prejudice.

Habeas CorpusIneffective Assistance of CounselAppellate Counsel StrategyGuilty Plea ValidityExcessive Sentence ClaimMental CompetencyMalingering DefenseSixth AmendmentCriminal AppealFederal District Court
References
21
Case No. ADJ1659661
Regular
Apr 30, 2009

ANDRES C. PEREZ vs. ITO BROTHERS, ZENITH INSURANCE

This case involves a petition for reconsideration filed by the applicant, Andres C. Perez, regarding a Workers' Compensation Appeals Board (WCAB) decision from March 12, 2009. The petitioner has officially withdrawn their petition for reconsideration. Consequently, the WCAB has issued an order dismissing the petition.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardZenith InsuranceITO BROTHERSAndres C. PerezMarch 122009 DecisionADJ1659661
References
0
Case No. ADJ3963519 (GRO 0033855)
Regular
Oct 09, 2015

Steven Andre vs. The Pacifica Company, American Claims San Diego

This case involves a petition for reconsideration filed by the applicant, Steven Andre, regarding a previous decision on July 15, 2015. The Workers' Compensation Appeals Board has granted the petition. This grant is to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition must be filed directly with the Office of the Commissioners of the Appeals Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationSan Luis Obispo District OfficeOffice of the CommissionersElectronic Adjudication Management SystemEAMSWCJDecision After ReconsiderationCal. Code Regs.
References
0
Case No. ADJ3288082 (LBO 0384974)
Regular
May 09, 2013

ANDRES CRUZ vs. ALLSTATE/KOOKLANCAR PEYMAN, SPECIALTY RISK/SEDGWICK

This case, *Andres Cruz v. Allstate/Kooklancar Peyman; Specialty Risk/Sedgwick*, concerns a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back for further proceedings and a new decision at the trial level. This order is not a final determination on the merits of the claim.

Workers Compensation Appeals BoardReconsiderationAdministrative Law JudgeRescinded DecisionFurther ProceedingsTrial LevelFinal DecisionMeritsDental Trauma CenterSpeciality Risk
References
0
Case No. ADJ3785318 (LBO 0365737)
Regular
Apr 01, 2020

ANDRES MARIN vs. SANTEE DAIRIES, INC., SENTRY INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) granted applicant Andres Marin's Petition for Removal. The WCAB rescinded an order by the WCJ which stated future medical treatment would be handled by Liberty Mutual with a right to contribution. This order was inconsistent with the Stipulations with Request for Award, which only named Santee Dairies/Sentry Insurance Group as a party and did not involve Liberty Mutual. The WCAB found that the erroneous order created prejudice by assigning future medical treatment responsibility to a non-party carrier.

Petition for RemovalWalk Through Appearance SheetStipulations with Request for Awardfuture medical treatmentLiberty MutualSentry Insurance GroupOrder on Walk Through Appearance Sheetinconsistency with stipulationscarrier not party to agreementRESCINDED
References
1
Case No. ADJ6624824
Regular
Sep 24, 2012

Andre Williams vs. CITY OF FRESNO, AMERICAN ALL RISK LOSS ADMINISTRATORS

This case concerns applicant Andre Williams' claim for a cumulative trauma psychiatric injury against the City of Fresno. The defendant sought reconsideration of an award finding industrial injury and ordering temporary disability benefits, arguing the claim was barred by Labor Code section 3208.3. The Appeals Board granted reconsideration, accepting supplemental evidence of the applicant's worsening condition and subsequent treatment. The Board deferred findings on the applicant's permanent and stationary date, permanent disability, and need for further medical treatment, returning the matter for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardQualified Medical EvaluatorLabor Code Section 3208.3Cumulative TraumaPsyche InjuryPermanent and Stationary DatePermanent DisabilityFurther Medical Treatment
References
0
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