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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 24027 [82 Misc 3d 1068]
Regular Panel Decision
Jan 30, 2024

People v. Clifford

This case involves the prosecution of Jasmine Clifford, Nadayza Barkley, R.V., and J.O. in New York County for charges related to the falsification and purchase of COVID-19 vaccine cards. Clifford and Barkley are accused of selling hundreds of falsified cards and entering false information into the NYSIIS database. R.V. and J.O. are alleged purchasers of these cards. The court granted the motions to dismiss for R.V. and J.O., citing their individual circumstances, the less serious nature of their alleged offenses, and a lack of proven specific harm. However, the court denied the motions for Clifford and Barkley, emphasizing the seriousness of their actions in profiting from the scheme and tampering with a state database.

Criminal PossessionForged InstrumentCOVID-19 VaccineVaccine MandatesDismissal in Interest of JusticeCPL 210.40NYSIIS DatabasePublic Health EmergencyProsecutorial DiscretionNew York Penal Law
References
18
Case No. ADJ11676994
Regular
Aug 28, 2019

CLIFFORD MOORHOUSE vs. ALISAL GUEST RANCH, TRAVELERS DIAMOND BAR

This case concerns the defendant's petition for reconsideration of a workers' compensation award finding the applicant an employee. The applicant, a farrier, claimed cumulative industrial injury while working for the defendant ranch. The Board denied reconsideration, affirming the administrative law judge's finding that the applicant was an employee under the *Borello* standard. The Board found the defendant failed to meet its burden to prove independent contractor status, citing factors like the defendant's control over the work and the applicant's lack of investment. The Board also clarified that the *Dynamex* ABC test, while applicable to wage orders, does not supersede the *Borello* standard for workers' compensation employment determinations.

Workers' Compensation Appeals BoardClifford MoorhouseAlisal Guest RanchTravelers Diamond Barfinding of fact and awardpresumption of employmentsubstantial evidenceS. G. Borello & Sonsindependent contractorright to control
References
4
Case No. 2017 NY Slip Op 04575 [151 AD3d 1544]
Regular Panel Decision
Jun 09, 2017

NCA Comp, Inc. v. 1289 Clifford Ave.

Plaintiff, the administrator of a group self-insurance trust, initiated an action to collect assessments from various contractors (defendants) after the trust became underfunded. The Supreme Court, Erie County, granted the defendants' motions to dismiss the complaint, deeming the assessments invalid. On appeal, the Appellate Division, Fourth Department, reversed the lower court's orders. The Appellate Division found that the documentary evidence did not conclusively establish a defense for the defendants and that they were contractually obligated to pay the assessments under the GSIT agreement, including its amendments. The court clarified that 'employer' status was a descriptive label and did not negate the obligation to pay assessments, thereby reinstating the complaint against the defendants.

Workers' Compensation LawSelf-Insurance Trust FundGroup Self-Insurance TrustGSIT AgreementAssessmentContractual LiabilityCPLR 3211Motion to DismissAppellate DivisionStatutory Interpretation
References
4
Case No. MISSING
Regular Panel Decision

Gill v. Samuel Kosoff & Sons, Inc.

The dissent in this case argues for granting summary judgment to the defendant and third-party defendant, dismissing the plaintiffs' Labor Law § 240 (1) claim. Justice Mercure contends that plaintiff Clifford Gill's injuries did not stem from elevation-related hazards as defined by the Labor Law. Specifically, Gill was hoisting a load only six inches from the ground, was not struck by the load, and the "hoist" was on the same level, thus not a falling object. The dissent concludes Gill's injuries resulted from ordinary construction site perils rather than the specific elevation risks intended by Labor Law § 240 (1). Despite the dissent, the order was affirmed.

Labor Law § 240Summary JudgmentElevation RiskConstruction AccidentWorker SafetyDissenting OpinionStatutory InterpretationFalling ObjectPersonal InjuryAppellate Decision
References
3
Case No. ADJ9313922
Regular
Apr 29, 2015

CLIFFORD REYNOLDS vs. GOODWILL INDUSTRIES, TRISTAR RISK MANAGEMENT

The applicant, Clifford Reynolds, sought reconsideration of a Workers' Compensation Appeals Board decision that barred his back injury claim as a post-termination issue. The Board granted reconsideration, finding that his back injury claim is not barred under Labor Code section 3600(a)(10). This is because pre-termination medical records contained evidence of the injury, fulfilling an exception to the post-termination defense. The Board amended the findings to reflect that the applicant's neck, back, and left shoulder injuries are not barred.

Labor Code Section 3600(a)(10)Post-termination claimCumulative trauma injuryDate of injuryMedical recordsNotice of terminationIndustrial causationWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact
References
3
Case No. ADJ4386714 (RIV 0021250)
Regular
Apr 04, 2011

Clifford Carlson vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY

The Workers' Compensation Appeals Board denied Clifford Carlson's petition for reconsideration of a decision that found the Los Angeles Metropolitan Transit Authority (MTA) complied with a prior award and was not liable for penalties. Carlson had alleged the MTA failed to make timely disability payments, sought over 100 penalties, and claimed the judge's findings were fraudulent and unsupported by evidence. The Board also denied the MTA's petition for sanctions against Carlson, finding his conduct, though arguably aggressive, did not rise to the level of bad faith as defined by statute.

Workers' Compensation Appeals BoardClifford CarlsonLos Angeles County Metropolitan Transit AuthorityPetition for ReconsiderationFindings and OrderPenaltiesLabor Code section 4650Timely Disability PaymentsCredit for Permanent Disability PaymentsSanctions
References
0
Case No. MISSING
Regular Panel Decision
May 05, 2022

Wood v. Baker Bros. Excavating

Clifford Wood, a concrete laborer, sustained injuries after falling approximately three feet from a bridge footing at a work site. He initiated a lawsuit against Baker Brothers Excavating (KER), the general contractor, and Brinnier and Larios, P.C., an engineering firm, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). Wood moved for partial summary judgment on his Labor Law § 240 (1) claim. However, the Supreme Court denied his motion, determining that while Wood met his initial burden, KER had raised triable issues of fact concerning the availability and usage of safety equipment and Wood's specific task at the time of the accident. The Appellate Division, Third Department, affirmed the Supreme Court's decision, concluding that factual disputes prevented summary judgment on the Labor Law § 240 (1) claim against KER.

Construction accidentFall from heightLabor LawSummary judgmentTriable issues of factWorksite safetyAppellate DivisionGeneral contractorEngineering firmPlaintiff's motion
References
4
Case No. ADJ9243095
Regular
Aug 09, 2018

CLIFFORD ROZIER vs. MINNESOTA TIMBERWOLVES/TIG, administered by FAIRMONT PREMIER INSURANCE COMPANY, TORONTO RAPTORS/TIG, administered by ZENITH INSURANCE COMPANY, GOLDEN STATE WARRIORS/TIG, administered by ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's Findings and Order regarding applicant Clifford Rozier's evidence. However, applicant Rozier died on July 6, 2018, and a death benefit claim is anticipated. Due to this significant development, the WCAB rescinded the prior Findings and Order. The case is now returned to the trial level for further proceedings to address the new circumstances.

Workers' Compensation Appeals BoardMinnesota TimberwolvesToronto RaptorsGolden State WarriorsFairmont Premier InsuranceZenith InsuranceFindings and OrderAdmissibility of evidenceDeath benefitsRescinded
References
0
Case No. ADJ2976308 (AHM 0075910) ADJ1926826 (AHM 0077308)
Regular
Jan 10, 2011

CLIFFORD GAMBLE vs. UNITED AIRLINES

This case concerns an applicant's claim for vocational rehabilitation benefits from United Airlines. The applicant interrupted services and did not seek reinstatement until over five years after the date of injury, which is beyond the statute of limitations. The Board denied reconsideration, finding that the applicant's vested right to benefits did not overcome the expired statute of limitations due to the delay. Applicant's arguments regarding improper notice, equitable tolling, and prior litigation were also rejected.

Vocational rehabilitationReconsiderationSubject matter jurisdictionVested rightSunset dateInterruptionStatute of limitationsReopenEquitable tollingLaches
References
7
Case No. MISSING
Regular Panel Decision

Claim of Clifford v. Larkin Restaurant

The employer and its insurance carrier appealed a Workmen's Compensation Board decision, disputing both the causal relationship of a waiter's knee injury to his disability and the Board's jurisdiction due to an alleged untimely appeal. The claimant, injured in May 1964, initially received a schedule loss award. The Board later reopened the case, reversed a Referee's determination of no continuing disability, and awarded continuing benefits, finding the original injury necessitated subsequent surgery. The court affirmed the Board's decision, citing substantial evidence for causal connection and upholding the Board's inherent continuing jurisdictional power under the Workmen's Compensation Law, irrespective of review application time limits.

Workers' Compensation AppealCausal RelationshipPre-existing ConditionAggravation of InjuryContinuing DisabilitySchedule AwardJurisdictionTimeliness of AppealWorkmen's Compensation BoardMedical Testimony
References
6
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