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Case Law Database

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

Case No. MISSING

Regular Panel Decision

People v. Figueroa-Norse

The defendant appealed a judgment from the Jefferson County Court convicting her of assault in the second degree and endangering the welfare of a child, following severe injuries to her foster child. The victim suffered a head injury, resulting in a coma and paralysis, and an abdominal injury, both requiring surgery. The defendant's statements to police were deemed voluntary, despite claims of Miranda violations and coercion. The appellate court rejected arguments regarding jury selection, legal sufficiency, and the weight of the evidence. The judgment of conviction was unanimously affirmed.

Criminal LawAssaultChild EndangermentMiranda RightsJury SelectionSufficiency of EvidenceWeight of EvidenceAppellate ReviewFoster ChildHead Injury

References

Case No. MISSING

Regular Panel Decision

Oct 15, 1987

Claim of Fialkoff v. Local 1102, RWDSU-AFL-CIO

Claimant's decedent, secretary-treasurer of Local 1102, was urged by junior officers to convince the union president to step down due to his age and infirmity, as the decedent was effectively carrying the president's responsibilities. On March 17, 1982, a meeting occurred where the head of the international union declined to speak to the president about resigning. Upon learning this, the decedent became agitated, exchanged heated words, and collapsed shortly after, suffering cardiac arrest and eventual death after a 22-month coma. The Workers’ Compensation Board concluded that the death was caused by the argument over the presidency, deeming it a matter of union concern, not just personal ambition. The Local and its carrier appealed, arguing a lack of substantial evidence that the emotional experience was job-related. The court affirmed the Board's decision, finding substantial evidence that the decedent’s concern over the presidency was job-related, citing testimony and an ultimatum from other officials.

Accidental InjuryCardiac ArrestEmotional StressJob-Related StressCausal RelationshipSubstantial EvidenceUnion AffairsEmployment DutiesHeart AttackOccupational Stress

References

Case No. MISSING

Regular Panel Decision

Claim of Estate of Allen v. Colgan

James P. Allen suffered a work-related fall in 1988, which led to his death in 1991 as a quadraplegic in a coma. His son's claim for workers' compensation death benefits was denied because he was not a full-time student and was over 18. The administrator of Allen's estate then filed a death claim, and a Workers’ Compensation Law Judge ordered the employer's insurance carrier to pay $50,000 into the estate under Workers’ Compensation Law § 16 (4-b). Additionally, because there were no dependents, the carrier was directed to pay $5,000 into the No-Dependency Funds as per Workers’ Compensation Law § 15 (9) and § 26-a. The Workers’ Compensation Board unanimously affirmed this decision. The employer appealed, contending that the $50,000 payment created a new class of dependents, thereby eliminating the requirement for No-Dependency Fund payments. The court affirmed the Board's decision, concluding that the $50,000 payment was intended for a no-dependency situation and did not negate the obligation to contribute to the No-Dependency Funds.

Death BenefitsNo-Dependency PaymentsWorkers' Comp Law § 16(4-b)Workers' Comp Law § 15(9)Workers' Comp Law § 26-aStatutory InterpretationEstate ClaimsUninsured Employees FundVocational Rehabilitation FundAppeals Board Decision

References

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People v. Figueroa-Norse

Criminal LawAssaultChild EndangermentMiranda RightsJury SelectionSufficiency of EvidenceWeight of EvidenceAppellate ReviewFoster ChildHead Injury

Claim of Fialkoff v. Local 1102, RWDSU-AFL-CIO

Accidental InjuryCardiac ArrestEmotional StressJob-Related StressCausal RelationshipSubstantial EvidenceUnion AffairsEmployment DutiesHeart AttackOccupational Stress

Claim of Estate of Allen v. Colgan