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Case Law Database

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

Case No. ADJ6540543
Regular
Jun 07, 2013

Christopher Toms vs. Marvin Lee Weatherbee dba BEELINE TRANSPORTATION, illegally uninsured, KIEWIT PACIFIC COMPANY, permissibly self-insured

This case involves Christopher Toms, an applicant injured while employed as a truck driver by Beeline Transportation, an illegally uninsured entity. The Workers' Compensation Appeals Board granted reconsideration of a finding that Kiewit Pacific Company, permissibly self-insured, was a dual employer. The Board rescinded the prior award, finding that Kiewit was a contracting party who engaged Beeline as an independent contractor. No statutory basis existed to deem Toms an employee of Kiewit, therefore Kiewit is not liable for workers' compensation benefits.

Workers Compensation Appeals BoardChristopher TomsMarvin Lee WeatherbeeBeeline TransportationKiewit Pacific Companyillegally uninsuredpermissibly self-insureddual employersultimate hirerjoint and severally liable
References
2
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. ADJ7948651
Regular
May 09, 2016

Barbara Tom vs. CITY OF OAKLAND, JT2 INTEGRATED

This case involves a petition for reconsideration by the defendant, City of Oakland, following an award of permanent disability to applicant Barbara Tom. The defendant argued the Workers' Compensation Judge (WCJ) erred by not deferring to the Agreed Medical Evaluator's (AME) opinion and by not developing the record with the AME. The WCAB denied reconsideration, adopting the WCJ's report which found the AME's opinion deficient. The WCJ's report detailed how the primary treating physician's report was more persuasive and thoroughly reasoned, supporting the WCJ's findings over the AME's.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Evaluator (AME)Primary Treating Physician (PTP)AMA GuidesPermanent Disability RatingCarpal Tunnel SyndromeSubstantial EvidenceWCJ OpinionMedical Opinion Deference
References
2
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. 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

Toms v. Pizzo

Jerry Toms, acting pro se, sued Kodak and several employees (Pizzo, Torrey, Gates, Bradley) alleging various claims. Toms, an independent contractor, claimed breach of contract, RICO violations, Fourth Amendment violations (search and seizure, invasion of privacy), and federal copyright infringement related to his work and subsequent employment with Kodak. Defendants moved to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. The court, presided over by Chief Judge Larimer, granted the defendants' motion, dismissing all federal claims (RICO, copyright, Fourth Amendment) due to insufficient pleading or jurisdictional prerequisites (e.g., no copyright registration, no state actor for Fourth Amendment claims) and declined supplemental jurisdiction over state claims. The dismissal was with prejudice, and Toms' motions to amend the complaint and disqualify defendants' attorney were denied.

RICOCopyright InfringementFourth AmendmentMotion to DismissPro Se LitigationBreach of ContractEconomic DuressFraud AllegationsConspiracyEmployment Termination
References
25
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. 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. ADJ8550681
Regular
May 14, 2015

NANCY TOM vs. PARAMOUNT PICTURES

Applicant Nancy Tom sought reconsideration of a workers' compensation award, arguing her 9% permanent disability rating was too low. She contended for further medical evaluation regarding worsening symptoms and a claimed 40% grip loss in her right hand, plus additional impairment ratings for her thumb and knee. The Board denied reconsideration, adopting the WCJ's reasoning that Dr. Angerman's conclusory deposition testimony regarding increased impairment lacked substantial medical evidence and conflicted with AMA Guides to the Evaluation of Permanent Impairment. The Board found that Applicant failed to meet her burden of proof for a higher disability rating.

Workers' Compensation Appeals BoardParamount PicturesPermissibly Self-InsuredPetition for ReconsiderationFindings of Fact and AwardExecutive AssistantIndustrial InjuryPermanent DisabilityAgreed Medical EvaluatorOrthopedist
References
4
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