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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
The orders appealed from were reversed, without costs, and motions were granted. This decision does not affect the position of the cause upon the calendar. The ruling is based on the opinion in Rogers Peet Co. v. Hillman (200 App. Div. 492), which was handed down concurrently.
This case involves a Chapter 7 bankruptcy debtor, Cheryl A. Herald, who sought to exempt workers' compensation settlement proceeds from her bankruptcy estate. The Trustee, Kenneth W. Gordon, Esq., objected to the exemption claim, arguing it was untimely and that workers' compensation benefits were not exempt disability benefits under New York Debtor & Creditor Law (DCL) Section 282. The court ruled that the Trustee failed to make a timely objection to the debtor's claim of exemption. Furthermore, the court determined that workers' compensation benefits qualify as disability benefits under DCL Section 282.2.(c) and are therefore exempt. Consequently, the court ordered the settlement proceeds to be turned over to the Debtor.
The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.
The Workers' Compensation Appeals Board (WCAB) granted applicant Cheryl Corral's Petition for Reconsideration, rescinding the initial Findings and Award. The WCAB dismissed Corral's Petition for Removal as the WCJ's rescinding order was untimely. The case is returned to the trial level for further proceedings, allowing both parties to raise all issues anew.
The Workers' Compensation Appeals Board denied Cheryl Hilton's petition for reconsideration. The Board adopted the WCJ's report, which found that while Hilton sustained industrial injuries, they stemmed from lawful, nondiscriminatory, good faith personnel actions. Therefore, compensation was barred under Labor Code §3208.3(h). The Board also upheld the finding of no specific injury on July 23, 2008, as the events were found to be part of ongoing actions and not a distinct injury.
This wrongful death action arose from a construction site accident where the plaintiff's decedent, a Fisher Concrete, Inc. employee, was fatally injured when an unsecured embankment collapsed. Plaintiff alleged violations of Labor Law and common-law negligence, while defendants filed a third-party action seeking indemnification from Fisher Concrete, Inc. The Supreme Court dismissed claims under Labor Law §§ 240(1) and 241(6) but denied dismissal of Labor Law § 200 and common-law negligence claims. The Appellate Division affirmed the denial to dismiss the Labor Law § 200 and common-law negligence claims, citing an issue of fact regarding the defendants' actual or constructive notice of the dangerous condition. However, the court modified the order to dismiss the third-party complaint seeking common-law indemnification, concluding that the defendants could not be held vicariously liable for the third party's negligence.
The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a June 22, 2009 decision. This reconsideration is necessary to allow the Board further time to thoroughly review the factual and legal issues presented. The Board aims to ensure a complete understanding of the record before issuing a just and reasoned decision. Pending this, all future communications should be directed to the WCAB's Office of the Commissioners.
Cheryl Volpe, a special education teacher, sued the New York City Department of Education and Principal Olivia Francis-Webber, alleging retaliation, equal protection violations, and unlawful searches stemming from her advocacy for special needs students. The defendants filed a motion to dismiss, which the court partially granted and partially denied. The court dismissed Volpe's Fourth Amendment and equal protection claims, finding no protected class or unreasonable search. However, the court allowed her Rehabilitation Act and ADA retaliation claim to proceed, specifically regarding an incident on December 18, 2013, where she was confined after attempting to speak with a student's parent.
Cheryl A. Casey, a store manager, filed a workers' compensation claim for a mental injury, specifically posttraumatic stress disorder with depression/anxiety, following a threatening encounter with a customer. The Workers' Compensation Law Judge initially established the claim, but the Workers' Compensation Board reversed, determining that the stress experienced by the claimant was not greater than that of other similarly situated workers. The Appellate Division, Third Department, affirmed the Board's decision. The court found substantial evidence supported the Board's conclusion, noting the absence of physical assault or an actual weapon during the incident and that the situation was not vastly different from expected stressors in a 24-hour convenience store management role.
An appeal was filed from a Workers' Compensation Board decision which reversed a Workers’ Compensation Law Judge’s decision. The Board found that a golf tournament was not employer-sponsored, attendance was voluntary, and employees used leave time. There was no employer control or financial contribution. Consequently, the Board concluded that the decedent's death did not arise out of and in the course of employment. The appellate court affirmed the Board's determination, finding substantial evidence to support its findings and no essential nexus between the golf tournament and the employer.
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