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

Case No. 2024 NY Slip Op 00377
Regular Panel Decision
Jan 30, 2024

Hribovsek v. United Cerebral Palsy of N.Y. City

The Appellate Division, First Department, reviewed an order from the Supreme Court, New York County, concerning Hedvika Polonca Hribovsek's claims against United Cerebral Palsy of New York City (UCP), Sharon Frazier, and Shakira Robinson. The court modified the Supreme Court's order by dismissing plaintiff's claims for race and national origin discrimination and retaliation under the NYSHRL and NYCHRL. It affirmed the lower court's denial of summary judgment for UCP on successor liability, finding issues of fact regarding whether UCP could be held liable as a successor to Federal Employment and Guidance Services (FEGS). The Appellate Division also affirmed the refusal to dismiss plaintiff's disability discrimination claims and hostile work environment claims, citing factual disputes regarding discriminatory conduct, mocking an accent, and excessive monitoring.

DiscriminationRetaliationHostile Work EnvironmentSuccessor LiabilitySummary JudgmentAppellate ReviewDisability DiscriminationRace DiscriminationNational Origin DiscriminationHuman Rights Law
References
7
Case No. MISSING
Regular Panel Decision

Mantis v. United Cerebral Palsy Association of Nassau County, Inc.

Stephanie Mantis, a quadriplegic adult with cerebral palsy, reported abuse by her mother, Elizabeth Mantis, to the United Cerebral Palsy Association of Nassau County, Inc. (UCP). UCP followed mandated procedures, reporting the allegations to the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) and Adult Protective Services (APS), and provided temporary lodging for Stephanie. Despite Stephanie later recanting her initial statement, OMRDD found UCP acted in her best interest. Elizabeth Mantis subsequently filed a lawsuit against UCP, asserting claims for intentional infliction of emotional distress, defamation, and false imprisonment. The court granted UCP's motion for partial summary judgment, finding that UCP was immune from civil liability under Social Services Law § 473-b due to its good faith reporting of the suspected abuse. Furthermore, the court denied the plaintiffs' cross-motion for a stay of decision pending depositions and imposed sanctions on Elizabeth Mantis and her attorneys for continuing the claims in bad faith.

Abuse AllegationsSocial Services LawImmunity from Civil LiabilityPartial Summary JudgmentIntentional Infliction of Emotional DistressDefamation ClaimFalse Imprisonment ClaimAdult Protective ServicesOMRDD InvestigationSanctions for Bad Faith Litigation
References
9
Case No. CV-23-0524
Regular Panel Decision
Oct 10, 2024

Matter of Becker v. United Cerebral Palsy Assoc.

Claimant Sofia Becker injured her right ankle in December 2000, leading to an established workers' compensation claim and consequential injuries to her left wrist and both knees with assigned schedule loss of use. In September 2021, claimant fell at home, injuring her left elbow, and sought to amend her claim to include this as a consequential injury. A Workers' Compensation Law Judge (WCLJ) initially found prima facie medical evidence for the consequential injury but later disallowed the claim, a decision affirmed by the Workers' Compensation Board (Board). The Board determined the left elbow injury was a regular, unrelated slip-and-fall accident, lacking a consequential causal relationship to her prior established injuries. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence due to the absence of medical opinion linking the elbow injury to prior compensable injuries and conflicting independent medical examination findings.

Workers' CompensationConsequential InjuryCausationMedical EvidenceSchedule Loss of UseSlip and FallBoard DecisionAppellate ReviewCredibility AssessmentOrthopedic Injury
References
7
Case No. ADJ10873991
Regular
Dec 24, 2018

CARLA AGUILAR vs. UNITED CEREBRAL PALSY/SPASTIC CHILDREN’S FOUNDATION OF LOS ANGELES AND VENTURA COUNTIES

The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's decision, with minor amendments. The Board gave great weight to the WCJ's credibility determinations, finding no substantial evidence to overturn them. Applicant Carla Aguilar sustained an injury to her right shoulder, elbow, and wrist on March 27, 2017, while employed as a caregiver. The employer was United Cerebral Palsy/Spastic Children's Foundation, permissibly self-insured and administered by York Risk Services, Inc.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility determinationsGarza v. Workmen's Comp. Appeals Bd.self-insuredadministeredinjurycaregiverdirect support staff
References
1
Case No. ADJ11027267
Regular
Feb 03, 2023

LUIS ROSALES vs. IRELAND TILE AND STONE INC., SEDGWICK 14779 SAN DIEGO

This case involves an injured tile setter, Luis Rosales, who claimed lumbar radiculopathy stemming from an admitted industrial lumbar contusion. The Workers' Compensation Appeals Board denied reconsideration of a prior order, upholding a finding of 0% permanent disability. This decision was based on the Qualified Medical Examiner's (QME) reports, which the Board found to be substantial evidence. The Board specifically rejected the applicant's argument that the QME's opinions were inconsistent, clarifying that the QME found the sacral cyst unrelated to the lumbar contusion, not that the symptoms were unrelated to the cyst.

Petition for ReconsiderationQualified Medical ExaminerPQMEDr. Sonusupplemental reportsubstantial evidencelumbar contusionsacral cystradiculopathypermanent disability
References
2
Case No. MISSING
Regular Panel Decision
Oct 11, 1978

Claim of Neblett v. Salvation Army

The case involves an appeal from a Workers’ Compensation Board decision regarding a death benefits claim. Claimant’s decedent, a 53-year-old porter, died from a cerebral hemorrhage suffered at work on May 5, 1973. His widow filed for death benefits, which the Board approved, invoking the presumption under Workers’ Compensation Law section 21 for unwitnessed accidents arising out of and in the course of employment. The appellate court affirmed the Board’s decision, noting the concession that death resulted from a cerebral hemorrhage at work and the absence of evidence suggesting another cause, thus upholding the application of the Section 21 presumption.

Workers' CompensationDeath BenefitsCerebral HemorrhageArising Out of EmploymentCourse of EmploymentPresumptionUnwitnessed AccidentAppellate ReviewEmployer LiabilitySelf-Insured
References
2
Case No. MISSING
Regular Panel Decision

Claim of Giannousis v. United Cerebral Palsy

Claimant was injured while traveling to work after being requested by his employer to arrive early due to a snow storm. The Workers’ Compensation Board initially established the case but later, after reopening, denied the claim, finding the injury did not occur in the course of employment. The appellate court affirmed the Board’s decision, rejecting the claimant’s argument that he was on a "special errand." The court found no deviation from his normal route, only an earlier departure, thus not altering the usual risks of travel. Substantial evidence supported the Board’s determination.

Workers' CompensationScope of EmploymentSpecial Errand ExceptionTravel to WorkInjury CompensabilityWorkers' Compensation BoardAppellate ReviewSlip and FallSnow StormEmployer Request
References
6
Case No. CV-23-0524
Regular Panel Decision
Oct 10, 2024

In the Matter of the Claim of Sofia Becker

Claimant Sofia Becker appealed a Workers' Compensation Board decision denying her request to amend an established claim for a consequential left elbow injury. Becker previously sustained a work-related right ankle injury in 2000, which led to established consequential injuries to her left wrist and both knees, with various schedule loss of use awards. In 2021, she fell at home, injuring her left elbow, and sought to link this to her prior compensable conditions. Both a Workers' Compensation Law Judge and the Board found the fall to be an unrelated slip-and-fall accident, determining she failed to prove a causal relationship between the elbow injury and her established claims. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the Board's finding due to a lack of competent medical evidence establishing a causal connection.

Workers' CompensationConsequential InjuryLeft Elbow InjuryRight Ankle InjurySchedule Loss of Use (SLU)CausalityMedical EvidenceAppellate ReviewBoard Decision AffirmedSlip-and-Fall
References
7
Case No. ADJ669056
Regular
Dec 16, 2021

CESAR GARCIA LOPEZ vs. ROYAL PRINTEX INC., KYUN HYUN RYU, EUL KYEONG KIM, UEBTF

The Workers' Compensation Appeals Board granted reconsideration and allowed the lien claims of Temple Community Hospital and Spinal Cerebral Medical Group, reversing a prior decision that denied their claims for treatment. The Board found that the lien claimants' services were reasonable and necessary to cure or relieve the applicant from the effects of his industrial injury, even though the injury only caused a minor percentage of permanent disability. The employer is liable for the full cost of treatment under *Granado* precedent, with issues of penalties and interest deferred.

Workers Compensation Appeals BoardLien claimantsReconsiderationSupplemental Findings of FactIndustrial injuryLow backPermanent disabilityMedical opinionsApportionmentGranado
References
1
Case No. MISSING
Regular Panel Decision

Claim of Gordon v. Paul

A traveling salesman suffered a stroke in September 1987 due to a demanding work schedule, leading him to file a workers' compensation claim. The Workers' Compensation Board determined the stroke was causally related to his employment and awarded benefits. The employer and its insurance carrier appealed the decision. While the court found Workers' Compensation Law § 21 inapplicable, it affirmed the Board's ruling, concluding it was supported by substantial medical evidence. Expert testimony indicated that the claimant's pre-existing conditions, coupled with work-related stress, likely contributed to his cerebral hemorrhage.

StrokeCausally Related DisabilityWorkers' Compensation BenefitsTraveling SalesmanHeavy Work ScheduleCerebral HemorrhageCardiovascular DiseaseHypertensionWork-Related StressSubstantial Evidence
References
1
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