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

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. ADJ6908000
Regular
Sep 30, 2013

JOSE YANEZ vs. MORE FASHION, INC., TOWER SELECT INSURANCE COMPANY, Administered By ILLINOIS MIDWEST INSURANCE AGENCY, LLC

This case involves a workers' compensation claim for a cumulative injury. The applicant alleged injury to his psyche, extremities, and back. The Appeals Board granted reconsideration to amend the date of injury, finding it to be August 5, 2009, based on when the applicant first suffered disability and knew it was work-related. The Court determined that while medical treatment occurred earlier, there was no substantial evidence of disability or knowledge of industrial causation until the later date. The period of liability for the employer was established as August 4, 2008, through August 4, 2009.

Workers' Compensation Appeals BoardCumulative InjuryDate of InjuryDisabilityLast Day of WorkLabor Code Section 5412Labor Code Section 5500.5Aggrieved PartyJudicial NoticeFindings and Order
References
5
Case No. MISSING
Regular Panel Decision
Aug 04, 1982

Claim of De Marsh v. De Marsh & Sons

The claimant has a history of work-related back injuries, with the latest significant injury occurring on August 5, 1976. The Workers’ Compensation Board found a 50% causally related disability attributable to the 1976 accident and a proper reduced earnings rate of $83.33. The carrier appealed, arguing that the referee erred by not allowing the introduction of evidence or cross-examination regarding prior injuries. The Board concluded that no error occurred as the carrier had previously fully litigated the issue and failed to timely apply to reopen prior cases. The court affirmed the Board’s decision, noting that the carrier was attempting to indirectly achieve what it had been barred from doing directly. Additionally, the carrier’s claim of lacking substantial evidence for the 50% disability was dismissed as they had previously conceded this point.

Work-related back injuryCausally related disabilityReduced earningsWorkers’ Compensation Board decisionAppealEvidence admissibilityPrior injuriesReopening of caseTimeliness of applicationSubstantial evidence
References
0
Case No. ADJ19747880
Regular
Oct 27, 2025

OLGA MAGANA vs. PARTNERS PERSONNEL MANAGEMENT SERVICES, LIBERTY MUTUAL INSURANCE COMPANY

Applicant Olga Magana filed a Petition for Reconsideration challenging a Findings and Order from August 4, 2025, which determined her average weekly wage to be $445.03 using Labor Code section 4453(c)(4). She argued that section 4453(c)(1) should apply, yielding $640.00 weekly. The Appeals Board denied the petition, affirming the WCJ's decision that due to the temporary nature of Magana's employment and her inconsistent work history, section 4453(c)(4) more fairly represented her earning capacity, considering all surrounding circumstances rather than just her hours at the time of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAverage Weekly WageLabor Code Section 4453GoytiaTemporary Agency EmploymentEarning CapacityWCJ Credibility DeterminationSan Francisco
References
6
Case No. 2023 NY Slip Op 02305 [216 AD3d 630]
Regular Panel Decision
May 03, 2023

Lochan v. H & H Sons Home Improvement, Inc.

Ashram Lochan sued H & H Sons Home Improvement, Inc., 82 S 4 Associate Limited Liability Company, and Hassan Haghanegi for personal injuries sustained from falling off an unsecured ladder while painting, alleging Labor Law violations. The Supreme Court granted the plaintiff's motion for summary judgment on liability against 82 S 4 Associate Limited Liability Company and, in effect, searched the record to award summary judgment against Hassan Haghanegi, denying the defendants' cross-motion to dismiss. The Appellate Division modified the order by deleting the award of summary judgment against Hassan Haghanegi, finding it improperly searched the record. However, it affirmed the grant of summary judgment against 82 S 4 Associate Limited Liability Company, concluding the plaintiff established a prima facie case and defendants failed to raise a triable issue. The court also affirmed the denial of the defendants' cross-motion, ruling they failed to establish the plaintiff was the sole proximate cause, a recalcitrant worker, or a volunteer.

Ladder AccidentPersonal InjurySummary JudgmentAppellate ReviewLabor Law § 240(1)Sole Proximate CauseRecalcitrant Worker DefenseUnsecured LadderConstruction Site SafetyWorker Fall
References
18
Case No. MISSING
Regular Panel Decision

Claim of Gabak v. New Venture Gear

The claimant sustained a left knee injury, and an independent medical examination (IME) in August 2003 concluded no ongoing work-related disability. Subsequently, a Workers’ Compensation Law Judge (WCLJ) suspended benefits and later precluded the IME report due to untimely filing. The WCLJ also granted the employer's request to cross-examine the treating physician and ordered continued payments. The Workers’ Compensation Board affirmed the WCLJ's decision, which the appellate court further affirmed. The appellate court found that the faxed IME report on August 11, 2003, did not substantially comply with filing requirements, and the official report with IME-4 form was received untimely on August 21, 2003. It also ruled that the doctrine of laches did not apply, upholding the order for continued payments.

Independent Medical ExaminationTimely FilingWorkers' Compensation BoardAppellate ReviewMedical Evidence PreclusionLaches DoctrineCausalityContinuing DisabilityWorkers' Compensation Law § 137NYCRR 300.2 Filing Requirements
References
2
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. MISSING
Regular Panel Decision

Access 4 All, Inc. v. Trump International Hotel & Tower Condominium

Plaintiffs Access 4 Al, Inc., a non-profit representing disabled persons, and Peter Spalluto, a quadriplegic using a wheelchair, sued Trump International Hotel and Tower Condominium under Title III of the ADA. They sought a declaratory judgment and an injunction for ADA-mandated alterations, alleging discrimination due to inaccessible facilities during Spalluto's 2004 stay. Defendant moved to dismiss or for summary judgment. The Court found Spalluto demonstrated a plausible intention to return to Trump Tower, establishing his standing. However, the Court dismissed Access 4 Al's claims, finding them identical to Spalluto's and citing prudential limitations on associational standing, while denying the defendant's motion against Spalluto.

Americans with Disabilities ActADAStandingInjunctive ReliefSummary JudgmentMotion to DismissAccessibility GuidelinesADAAGQuadriplegiaWheelchair User
References
53
Case No. ADJ7741121
Regular
Dec 02, 2011

ROBIN COUTO vs. NBC UNIVERSAL, ELECTRIC INSURANCE COMPANY

In this Workers' Compensation Appeals Board decision, reconsideration was granted on the applicant's petition. The Board affirmed the original decision of October 4, 2011, with one amendment. Specifically, the date of injury in Finding of Fact No. 1 was corrected to "August 4, 2009." This amendment was made based on the WCJ's report, which the Board adopted and incorporated.

Workers' Compensation Appeals BoardReconsiderationWCJ DecisionDate of InjuryAmended Finding of FactNBC UniversalElectric Insurance Company
References
0
Case No. ADJ10845468
Regular
Jan 02, 2018

RICHARD JOSEPH NOWAK vs. PACIFIC ARCHITECTURAL ENGINEERING, ACE AMERICAN INSURANCE COMPANY, ESIS, INC.

The defendant seeks reconsideration of a prior award of temporary disability benefits. They argue that a newly discovered PR-4 report from the applicant's primary treating physician, Dr. Yoshida, establishes the applicant's condition as permanent and stationary as of August 23, 2017. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the judge for further proceedings. This is due to the receipt of the PR-4 report after the initial hearing, which qualifies as newly discovered evidence that was not available for the judge's consideration.

Petition for ReconsiderationPermanent and StationaryTemporary Disability IndemnityNewly Discovered EvidencePrimary Treating PhysicianPR-4 ReportLumbar Spine InjuryExpedited HearingCardiac SurgeryAnticoagulant Therapy
References
5
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