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

Case No. 2019 NY Slip Op 01046 [169 AD3d 747]
Regular Panel Decision
Feb 13, 2019

Barrios v. 19-19 24th Ave. Co., LLC

The plaintiff, Sergio Barrios, sustained personal injuries when a differential block and chain fell on his head while preparing a hoisting apparatus at the defendants' premises. He sued 19-19 24th Avenue Company, LLC, et al., alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court, Kings County, denied both parties' motions for summary judgment. On appeal, the Appellate Division, Second Department, modified the order. It granted the plaintiff summary judgment on the Labor Law § 240 (1) claim, finding the repair work fell under its purview. It also granted the defendants summary judgment dismissing the Labor Law § 241 (6) claim, ruling that the plaintiff's work did not constitute construction, demolition, or excavation.

Personal InjuryLabor LawScaffolding LawGravity HazardSummary JudgmentAppellate ReviewRepair WorkHoisting ApparatusWorkplace SafetyStatutory Interpretation
References
8
Case No. Docket No. 10
Regular Panel Decision

Zhong v. August August Corp.

Plaintiff Jian Zhong filed a class action against defendant August August Corp. alleging denial of overtime compensation and minimum wages under the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act (NYMWA). Defendant August filed a motion to dismiss the complaint for failure to state a claim. The court granted the motion in part, dismissing the FLSA overtime claims and related state law claims, but denied it in part, allowing the FLSA minimum wage claims and related state law claims to proceed. Plaintiff Zhong was granted leave to amend the complaint to address the deficiencies in the dismissed claims.

FLSANYMWAWage and Hour DisputeOvertime CompensationMinimum Wage ViolationMotion to DismissRule 12(b)(6) MotionLeave to AmendClass Action PotentialSupplemental Jurisdiction
References
14
Case No. ADJ9961038
Regular
Nov 12, 2025

DEBORAH JANKOWSKI vs. TVI, INC.; ZURICH AMERICAN INSURANCE COMPANY

Defendant petitioned for reconsideration of the August 19, 2024 Findings of Fact, Award and Order, which found applicant Deborah Jankowski 100% permanently totally disabled. Petitioner contended errors regarding the permanent disability award, lack of established schedule rating, and reliance on treating physicians over Agreed Medical Evaluators. After an interim order granting the petition and a subsequent status conference, the parties agreed to resolve the matter by Compromise and Release. Consequently, the Workers' Compensation Appeals Board rescinded the August 19, 2024 decision and returned the case to the district office to consider the proposed settlement.

AOE/COECRPSAgreed Medical Evaluatorsvocational rehabilitationpermanent total disabilitypermanent disabilitycompromise and releaseFindings of FactAward and Orderrescinded
References
0
Case No. 533486
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Alan Richburg

Claimant Alan Richburg, an employee at a homeless shelter, filed a claim for workers' compensation benefits in June 2020 after contracting COVID-19. A Workers' Compensation Law Judge (WCLJ) initially granted his request to compel the employer to produce COVID-19 related workplace documents, but the Workers' Compensation Board reversed this decision, finding it improperly shifted the burden of proof. Claimant appealed the Board's reversal. However, the claimant's underlying COVID-19 claim was subsequently established by an unappealed WCLJ decision in August 2021, rendering the appeal regarding the document production moot. The court found no exception to the mootness doctrine applicable.

COVID-19 ClaimWorkers' Compensation BenefitsMootness DoctrineBurden of ProofDocument ProductionAppellate DivisionEmployer ObligationsClaim EstablishmentProcedural IssuesAppeal Dismissal
References
5
Case No. MISSING
Regular Panel Decision
Apr 22, 1977

Claim of Bonanno v. Cosmopolitan Mutual Insurance

This case involves an appeal from a Workers' Compensation Board decision, filed on April 22, 1977. The Board had previously awarded compensation to the claimant for a partial disability resulting from accidental injuries that occurred on August 19, 1969, specifically covering the period from January 19, 1970, to December 31, 1972. The Board's determination was based on substantial medical testimony, which supported a finding of a continuing causally related partial disability subsequent to January 19, 1970, and affirmed the Referee's award for reduced earnings. The appellate court found substantial evidence to sustain the Board's determination, and consequently, the decision was affirmed, with costs awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

Partial DisabilityAccidental InjuriesReduced EarningWorkers' Compensation AwardBoard Decision AppealMedical TestimonySubstantial EvidenceAffirmed DecisionEmployer LiabilityInsurance Carrier Liability
References
0
Case No. MISSING
Regular Panel Decision

In re Kenneth V.

This is an appeal from a Family Court order that found respondent August V., Ill neglected his children. The proceeding was initiated by the petitioner, alleging neglect due to the parents' refusal to accept intensive counseling for two children exhibiting aggressive behavior, including wielding a knife. The Family Court initially found the father neglected all seven children. However, the appellate court reversed this decision, finding no evidence of parental misconduct by the father. The court determined that treatment recommendations were not directly communicated to the father, and he was unaware of the escalated fighting. Consequently, the petition against August V., Ill was dismissed due to insufficient proof of neglect.

NeglectChild protectionParental misconductFamily lawChild welfareAbuseErie CountyAppellate reviewParental responsibilityMental health services
References
6
Case No. ADJ476130 (LBO 0384293), ADJ4260549 (LBO 0384296), ADJ2444124 (LBO 0384295)
Regular
Sep 23, 2016

HECTOR ALVAREZ vs. JOHNSON CONTROLS BATTERY GROUP, INC, STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by the applicant, Hector Alvarez, in a workers' compensation matter. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The ALJ's decision was personally served on July 28, 2016, establishing a 20-day deadline for reconsideration. The petition was filed on August 19, 2016, which was two days past the jurisdictional deadline of August 17, 2016. As a result, the WCAB lacked authority to consider the petition's merits.

Petition for ReconsiderationUntimely FilingPersonal Service20-Day Time LimitJurisdictional LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)Adjudicative Decision
References
4
Case No. 2022 NY Slip Op 03426 [205 AD3d 1286]
Regular Panel Decision
May 26, 2022

Matter of Richburg v. Samaritan Daytop Vil.

Claimant Alan Richburg appealed a decision by the Workers' Compensation Board that reversed a Workers' Compensation Law Judge's (WCLJ) order directing his employer, Samaritan Daytop Village, to produce COVID-19 related workplace documentation. Richburg had filed a claim for workers' compensation benefits due to contracting COVID-19 in June 2020. The Board found that the WCLJ's directive improperly shifted the burden of proof. Subsequently, Richburg's claim was established by a separate WCLJ decision in August 2021, which was not appealed. Consequently, the Appellate Division, Third Department, dismissed Richburg's appeal as moot, finding no applicable exception to the mootness doctrine.

Workers' Compensation BenefitsCOVID-19 ClaimMootness DoctrineBurden of ProofEmployer DocumentationAppellate ReviewWCLJ DecisionWorkers' Compensation Board ReversalClaim Establishment
References
6
Case No. 19
Regular Panel Decision

White v. Pacifica Foundation

Plaintiff Bernard White, an African-American man, sued his former employer, Pacifica Foundation, and board member Stephen M. Brown, alleging racial discrimination and retaliation under 42 U.S.C. § 1981, the NYSHRL, and the NYCHRL. White, a program director at WBAI, a radio station owned by Pacifica, claimed Brown sent racially charged emails influencing his termination. Defendants moved for summary judgment. The court found that Brown was not personally involved in White's suspension or termination and was not an 'employer' or 'employee/agent' under state and city human rights laws. Furthermore, the court determined that Pacifica provided legitimate, non-discriminatory reasons for White's termination, citing declining fundraising and listenership, and complaints of his abusive behavior. The court granted summary judgment for both defendants, concluding that White failed to establish a prima facie case of discrimination or retaliation.

Racial DiscriminationRetaliationEmployment LawSummary JudgmentNew York State Human Rights LawNew York City Human Rights Law42 U.S.C. Section 1981Program DirectorTerminationWorkplace Harassment
References
218
Case No. MISC. NO. 264
En Banc
Oct 27, 2020

Workers' Compensation Appeals Board vs. State of California

The Appeals Board rescinds its suspension of WCAB Rules 10755, 10756, and 10888, which had previously suspended the dismissal of cases for failure to appear due to the COVID-19 emergency.

Workers' Compensation Appeals BoardCOVID-19State of EmergencyEn BancWCAB RulesSuspensionRescindsDismissalFailure to AppearApplication
References
4
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