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

Case No. 2021 NY Slip Op 06069 [199 AD3d 438]
Regular Panel Decision
Nov 09, 2021

Matter of Ashanti v. New York City Conflicts of Interest Bd.

The Appellate Division, First Department, confirmed the determination of the New York City Conflicts of Interest Board, finding that petitioner Karl J. Ashanti violated New York City Charter and City rule provisions. Ashanti was ordered to pay an aggregate civil penalty of $8,500. The court found substantial evidence supported the determination that Ashanti used his City position to gain personal advantage in negotiations on behalf of his wife and utilized City letterhead to advance a legal position contrary to the City's interests. The court rejected the petitioner's due process and agency bias claims, concluding that the penalty imposed did not shock the conscience.

Conflicts of InterestPublic OfficialsEthical ViolationsCivil PenaltyDue ProcessAgency BiasSubstantial EvidenceAppellate ReviewAdministrative Law JudgeCredibility Determinations
References
4
Case No. MISSING
Regular Panel Decision

Claim of Mancini v. Scotia Police Department

A police officer suffered work-related physical injuries in 1973. Years later, in 1979, he filed a claim for severe depression and nervous exhaustion, alleging these conditions were caused by his police duties or the initial 1973 accident. Both applications were denied by the Workers’ Compensation Board, which found no causal relationship between his emotional disturbance and his employment. The Board's decision was based on conflicting medical testimonies, ultimately crediting doctors who found no job-related link over the claimant's psychiatrist and an impartial psychiatrist whose opinion was conditional on unproven allegations of harassment. The appellate court affirmed the Board's decision, emphasizing the Board's role as the finder of fact in resolving testimonial and medical conflicts.

Workers' CompensationEmotional DisturbanceDepressive NeurosisPolice OfficerCausationMedical Testimony ConflictBoard Decision ReviewHarassment AllegationsMental Health ClaimAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Nov 23, 2005

CARTIER, DIV. OF RICHEMONT v. Bertone Group

In a trademark infringement case, defendants moved to disqualify plaintiffs' litigation counsel, Tal Benschar, Esq., from serving as a 30(b)(6) deposition witness, citing New York Disciplinary Rule 5-102 which addresses the advocate-witness rule. The Court denied the defendants' motion, allowing Mr. Benschar to testify. The Court acknowledged the potential for confusion and conflicting loyalties when a lawyer acts as both a witness and an advocate, but found these dangers less likely in the pre-trial context. It also considered that Mr. Benschar was in the best position to provide the requested information, having supervised the investigation. However, the Court deferred its ruling on whether Mr. Benschar’s testimony would disqualify him from subsequently serving as trial counsel, noting that another attorney would be primary trial counsel.

Trademark InfringementDiscoveryFed.R.Civ.P. 30(b)(6)Attorney DisqualificationAdvocate-Witness RuleEthical RulesDeposition TestimonyPre-Trial ProcedureNew York LawCounsel Representation
References
2
Case No. ADJ6643295
Regular
Oct 28, 2014

FRANCISCO MARTINEZ vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURER'S SECURITY FUND, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) rescinded three orders dismissing lien claims due to unclear representation of the lien claimants at trial. The WCAB noted the lien claimants' representative, BBE Management, and a potential representative, Mr. House, had conflicting or unclear roles. Therefore, the matter was returned to the WCJ for further proceedings to clarify representation and to reconsider sanctions. Sanctions were not imposed at this time pending this clarification.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrders Dismissing Lien ClaimsWCJlien claimantsBBE ManagementWCAB Rule 10774.5notice of intention to dismissnotice of intention to impose sanctionsobjection
References
0
Case No. MISSING
Regular Panel Decision

Claim of Boscaino v. Montefiore Medical Center

The claimant, a head nurse at Rikers Island Prison infirmary, suffered a myocardial infarction after a meeting regarding a suspension. He contended the stress from his dual roles and the suspension hearing precipitated the heart attack. The Workers’ Compensation Board reversed a referee's finding, concluding that there was no evidence of unusual stress or effort to cause the infarction, and no evidence it arose from employment. The appellate court affirmed the Board's decision, ruling that the issue of causal relationship was a factual determination for the Board, and their findings were supported by substantial evidence despite conflicting medical testimony.

Heart InjuryMyocardial InfarctionCoronary Artery DiseaseEmotional StressWorkers' Compensation LawCausal RelationshipSubstantial EvidenceAppellate ReviewConflicting Medical TestimonyHead Nurse
References
4
Case No. ADJ6771139
Regular
Jan 16, 2014

JOSE IBARRA vs. JADE, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed an Arbitrator's award finding Jose Ibarra sustained cumulative trauma injury to multiple body parts. The WCAB found the Arbitrator's reliance on applicant's medical reports constituted substantial evidence, despite defendant's arguments to the contrary. However, the WCAB amended the award to defer the issue of applicant's entitlement to a 15% permanent disability increase, allowing further proceedings on that specific point. The decision emphasizes the Arbitrator's role as trier of fact in resolving conflicting evidence and making credibility determinations.

Workers' Compensation Appeals BoardReconsiderationIndustrial Cumulative TraumaCervical SpineLumbar SpineRight ShoulderPsycheHypertensionPermanent DisabilityApportionment
References
8
Case No. MISSING
Regular Panel Decision

Pedone v. B & B Equipment Co.

In a personal injury action, the plaintiff sued B & B Equipment Co., Inc., alleging a defective backhoe caused injury. A jury found B & B negligent but not the proximate cause. The Supreme Court, Nassau County, set aside this verdict and granted a new trial on causation. On appeal, the order was reversed. The appellate court reinstated the jury's verdict, finding it supported by a fair interpretation of the evidence, particularly given conflicting testimony about how the accident occurred and the jury's role in assessing witness credibility. Consequently, the plaintiff's motion was denied, and the complaint was dismissed.

Personal InjuryNegligenceProximate CauseJury VerdictAppellate ReviewWeight of EvidenceCredibility AssessmentBackhoe AccidentCausationCPLR 4404
References
9
Case No. MISSING
Regular Panel Decision

Wheeler v. Mail Contractors of America

The claimant sought workers' compensation death benefits for her husband, a tractor-trailer driver, who died suddenly from cardiac arrest after experiencing work-related stress. Initially, the Workers’ Compensation Law Judge disallowed the claim, but the Workers’ Compensation Board reversed, finding the death causally related to employment. The employer appealed, contesting the presumption of compensability. The Appellate Division affirmed the Board's decision, emphasizing that the Board's role was to weigh conflicting medical evidence, including the employer's expert acknowledging stress as a potential factor in the decedent's pre-existing heart condition.

workers' compensationdeath benefitscardiac arrestcausal relationshipemploymentwork-related stressWorkers’ Compensation Boardpresumption of compensabilitymedical evidenceappellate review
References
3
Case No. ADJ7139261
Regular
Sep 10, 2012

VICENTE AMAYA vs. FLEMING METAL FABRICATORS, INC.,, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding that the Administrative Law Judge (ALJ) improperly rejected the treating physician's opinion. The Board disagreed with the ALJ's assessment that the treating physician lacked accurate historical information regarding the applicant's smoking and diabetes. Crucially, the central dispute concerns the causation of the applicant's stroke, with conflicting opinions from medical experts on the role of hypertension versus a congenital condition. The case is remanded for further proceedings, including potential appointment of a new medical examiner, to fully develop the evidence on complex medical causation issues.

Industrial injuryHypertensionStrokePermanent disabilityApportionmentPanel Qualified Medical Examiner (PQME)Treating physicianSubstantial evidenceAdmissible evidenceMedical causation
References
3
Case No. CV-22-2146
Regular Panel Decision
Mar 21, 2024

Matter of Leon v. Structure Tech N.Y., Inc.

Claimant, Jorge Leon, a construction laborer, filed a claim for workers' compensation benefits after sustaining injuries to his neck and back from a fall into a hole while carrying rebar. The employer, Structure Tech New York, Inc., and its carrier controverted the claim, raising issues of lack of notice and no compensable accident. A Workers' Compensation Law Judge (WCLJ) established the claim, a decision affirmed by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence and upholding the Board's role as the sole arbiter of witness credibility in resolving conflicting testimony.

Workers' CompensationAccidental InjuryEmployment InjuriesCredibility DeterminationSubstantial EvidenceNotice of InjuryConstruction AccidentFall AccidentRebarNeck Injury
References
7
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