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

Case No. 2023 NY Slip Op 02914 [217 AD3d 1024]
Regular Panel Decision
Jun 01, 2023

Matter of Nguyen v. CVS RX Servs., Inc.

Claimant Hung Nguyen alleged discrimination and retaliation by his employer, CVS RX Services, Inc., after taking paid family leave, citing reduced hours, decreased pay raises, and loss of benefits. A Workers' Compensation Law Judge found in Nguyen's favor, ordering reinstatement and back wages. The employer failed to timely appeal and its subsequent application to rehear or reopen the claim was denied by the Workers' Compensation Board, citing a lack of new material evidence and inadequate justification for repeated non-appearance at hearings. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board did not abuse its discretion in denying the employer's request.

Workers' Compensation LawPaid Family LeaveDiscriminationRetaliationAppellate ReviewBoard's DiscretionRehearing ApplicationReopening ClaimDue ProcessNotice Requirements
References
5
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
Case No. 2020 NY Slip Op 02138 [182 AD3d 658]
Regular Panel Decision
Apr 02, 2020

Matter of Kristen MM. v. Christopher LL.

This case involves an appeal by Christopher LL. (father) against Kristen MM. (mother) regarding two amended orders from the Family Court of Schenectady County. The Family Court had granted the mother permission to relocate with their twin children to Arizona and dismissed the father's petition for joint legal and physical custody. The father contended that the court's determination lacked a sound and substantial basis in the record. The Appellate Division, Third Department, affirmed the Family Court's decision, finding that the relocation was in the children's best interests due to the mother's role as the primary caretaker and the father's sporadic involvement. The court also found that the fashioned visitation schedule preserved the relationship between the father and the children.

Child RelocationCustody ModificationBest Interests of the ChildParental VisitationFamily Court DecisionAppellate ReviewParental ResponsibilityChild SupportParental AgreementSchenectady County
References
12
Case No. 534702
Regular Panel Decision
Jun 01, 2023

In the Matter of the Claim of Hung Nguyen

Claimant Hung Nguyen, a former CVS RX Services, Inc. employee, alleged discrimination and retaliation after taking paid family leave (PFL), including reduced hours and a denied pay raise. He filed a PFL discrimination/retaliation complaint in December 2019. Despite multiple notices sent to its Rhode Island and New York addresses, the employer failed to appear at three scheduled hearings. A Workers' Compensation Law Judge (WCLJ) found the employer violated PFL law and Workers' Compensation Law § 120, ordering reinstatement, back wages, and restoration of benefits. The employer's subsequent application to rehear or reopen the claim, asserting lack of notice and new evidence, was denied by the Workers' Compensation Board. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as the employer was properly notified and failed to provide new material evidence or sufficient justification for its non-appearance.

PFL DiscriminationRetaliationWorkers' Compensation BoardDue ProcessNoticeAbuse of DiscretionRehearing ApplicationReopening ClaimEmployer LiabilityWage Loss
References
6
Case No. MISSING
Regular Panel Decision

Hansen v. Post

The petitioner, a child protective worker, sought custody of Christopher Post, whose parents, Rose and William Post, had a documented history of child abuse and neglect, leading to the removal of seven other children from their care. Christopher had also been involved in two prior neglect proceedings. The parents exhibited severe deficiencies in parenting skills, an inability to address Christopher's emotional disturbances, and a history of rejecting assistance. After voluntarily placing Christopher with the petitioner, who became his psychological parent, they abruptly cut off contact. The Family Court found extraordinary circumstances, justified judicial intervention, and granted custody to the petitioner, a decision which the appellate court subsequently affirmed.

Custody DisputeParental UnfitnessChild NeglectExtraordinary CircumstancesFamily Court Act Article 6Child Protective ServicesAppealParental RightsPsychological ParentEmotional Disturbance
References
5
Case No. CV-24-0676
Regular Panel Decision
Mar 27, 2025

In the Matter of the Claim of Christopher A. Augone

Claimant Christopher A. Augone had an established claim for work-related neck injuries sustained in 2021. Questions arose regarding prior injuries after a physician referenced a pre-2021 MRI. Despite claimant's denials, records showed a 2017 emergency room visit for neck pain. The employer and carrier alleged a Workers' Compensation Law § 114-a violation for intentional misrepresentation. However, the Workers' Compensation Law Judge and the Board found that the carrier failed to prove intent, accepting claimant's explanation that he didn't consider the 2017 incident significant and forgot about it. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence regarding the lack of intentional misrepresentation.

Workers' Compensation Law § 114-aFraud AllegationMaterial MisrepresentationIntent to DeceiveSubstantial Evidence ReviewCredibility FindingNeck Injury ClaimPrior Medical HistoryAppellate DivisionWorkers' Compensation Board Decision
References
6
Case No. MISSING
Regular Panel Decision

In re Lynda H. M.

This is a guardianship proceeding initiated by St. Christopher's Home under section 384-b of the Social Services Law concerning a child born with methadone withdrawal whose mother died of methadone toxification. The case addresses the paternity of the child, with Louis Antonio M. claiming fatherhood and opposing the adoption, despite Kenneth H. having executed an acknowledgement of paternity. The court ruled that abandonment is a viable ground for terminating parental rights even if the parent is incarcerated. Finding that Mr. M. abandoned the child for over six months, the court granted the petition for guardianship and custody to St. Christopher’s Home, including the power to place the child for adoption.

Child WelfareGuardianshipParental Rights TerminationAbandonmentSocial Services LawDomestic Relations LawIncarcerationPaternity DisputeAdoptionMethadone Withdrawal
References
3
Case No. ADJ7284840
Regular
Jan 29, 2016

Sean Nguyen vs. Los Angeles Times, ESIS

The Workers' Compensation Appeals Board denied Sean Nguyen's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that Nguyen sustained only a back laceration in a 1989 injury, with treatment not necessary after December 8, 1989. The judge found the applicant's subsequent claims of extensive injuries, including neck and back pain, were not supported by credible medical evidence from the time of the incident. The petition was also denied for failing to specify the statutory basis or detail the grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLabor Code Section 5903Labor Code Section 5902Order Denying PetitionSEAN NGUYENLOS ANGELES TIMESESISADJ7284840
References
0
Case No. ADJ18001417
Regular
Sep 05, 2025

CHRISTOPHER CANDIA vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration in the case of Christopher Candia v. City and County of San Francisco. The Board adopted the Arbitrator's Report and Recommendation, which found applicant Christopher Candia's meningioma to be a compensable industrial injury. The decision was based on the cancer presumption under Labor Code section 3212.1 for firefighters, as the medical opinion of treating neurosurgeon Dr. Bruce McCormack classified the tumor as Grade II, indicating malignant features, and evidence showed Candia's exposure to carcinogens during his employment. The Board upheld the arbitrator's determination, giving greater weight to Dr. McCormack's opinion over the IME Dr. Raye Bellinger's.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportLabor Code Section 5909Electronic Adjudication Management Systemsubstantial evidenceneurosurgeontreating physicianIMEmeningioma
References
2
Case No. ADJ7762332
Regular
Nov 02, 2011

CHRISTINE NGUYEN vs. QUALCOMM, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied Christine Nguyen's Petition for Reconsideration of an approved Compromise and Release Agreement. Nguyen sought to set aside the $2,500 settlement, but the Board found she failed to allege fraud, duress, or mutual mistake. The Board noted that the settlement, once approved, has the force of a judgment and cannot be unilaterally rescinded. Additionally, the defendant received a strong admonishment for attaching unpermitted documents to its answer.

Petition for ReconsiderationCompromise and Release AgreementWCAB Rule 10842(c)Injury AOE/COEGood Faith Personnel ActionStatute of LimitationsIn Pro PerPetition to Quash SubpoenaJudge Pro TemOrder Approving Compromise and Release
References
3
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