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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. G0291404
Regular Panel Decision
Mar 17, 2022

Matter of Toliver v. New York State Department of Corrections and Community Supervision

The claimant, Claude Dean, suffered a compensable right shoulder injury on July 10, 2019. A subsequent incident on February 23, 2021, led to a dispute regarding a causally related further disability to the same shoulder. The Workers' Compensation Law Judge (WCLJ) initially found no causal relationship for the 2021 incident and closed the case. However, conflicting medical evidence, specifically consultant reports from Dr. Lallana and Dr. Reback, presented differing opinions on the causal connection. Upon review, the Board Panel determined that the WCLJ's decision was premature due to an incomplete record and the absence of testimony, especially given the unresolved medical conflict. Consequently, the Board Panel rescinded the WCLJ's decision and restored the case to the trial calendar to further develop the record on the issue of causally related disability from the February 23, 2021 incident, and for the WCLJ to issue a new decision.

Right Shoulder InjuryCausally Related DisabilityConflicting Medical EvidenceWCLJ Decision RescindedCase Restored to Trial CalendarRecord DevelopmentAttorney AppealDate of Injury DisputeMedical Consultant ReportAdministrative Review
References
0
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. MISSING
Regular Panel Decision
Sep 03, 1997

Byer v. Town of Poestenkill

This case is an appeal concerning the validity of Local Law No. 2 of the Town of Poestenkill, which allowed rezoning for gravel mining. The initial Supreme Court judgment annulled the law due to a purported conflict of interest by a Town Board member and an inadequate environmental review under SEQRA. The appellate court reversed this decision, finding no conflict of interest as the financial benefit was speculative and the Ethics Board's finding of no conflict was rational. Furthermore, the court found the Town Board's SEQRA review sufficient, as it had thoroughly assessed environmental impacts. The case was remitted to the Supreme Court to address an unreviewed issue regarding protest petitions.

Environmental LawZoningLocal LawsConflict of InterestSEQRAJudicial ReviewTown BoardGravel MiningPublic OfficialsAppellate Review
References
16
Case No. 2019 NY Slip Op 06327 [175 AD3d 1062]
Regular Panel Decision
Aug 22, 2019

Pelonero v. Sturm Roofing, LLC

Plaintiff Salvatore Pelonero commenced a Labor Law and common-law negligence action against Sturm Roofing, LLC, seeking damages for injuries from a fall at a roofing site. The Supreme Court granted Pelonero's motion for partial summary judgment on the issue of liability. The Appellate Division, Fourth Department, unanimously reversed this order, denying the plaintiff's motion. The court found that Pelonero failed to eliminate all triable issues of fact regarding whether he was a worker and whether Sturm Roofing, LLC was an owner or contractor liable under Labor Law § 240 (1). Conflicting statements about how the accident occurred also raised an issue of fact. Furthermore, the plaintiff failed to meet his burden on the common-law negligence and Labor Law § 200 claims, and the Labor Law § 241 (6) claim lacked the necessary specific Industrial Code violations.

Labor LawSummary JudgmentAppellate ReviewConstruction AccidentRoofing WorkCredibility IssueProximate CauseSafety DevicesIndustrial CodeCommon-Law Negligence
References
21
Case No. ADJ17550375; ADJ17550386
Regular
Jul 29, 2025

JOHN RICHARD SEDANO vs. LIVE ACTION GENERAL ENGINEERING INC.; NATIONAL CASUALTY INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a 'Findings of Fact, Award & Order' (F&A) issued on March 24, 2025, by a WCJ, and issued a Notice of Intent to impose sanctions. The WCJ had found that the defendant did not provide a bona fide offer of modified duty to the applicant, John Richard Sedano, and awarded temporary disability. Defendant argued that temporary disability should not have been awarded because an offer of work was made, the award lacked substantial medical evidence, and the WCJ failed to apply apportionment under Labor Code sections 4663 and 4664. The WCAB affirmed the March 24, 2025 F&A and imposed sanctions of $750.00$ jointly and severally against the employer, insurer, administrator, and their attorneys for errors in the petition for reconsideration, including failure to cite the evidentiary record, improperly attaching documents, raising new issues, and citing non-existent legal authority. The Board also found the defendant was equitably estopped from asserting the modified work offer as a bar to temporary disability, and that the modified work offer was independently invalid due to a conflict in medical restrictions.

Temporary DisabilityModified DutyBona Fide OfferApportionmentLabor Code Sections 4663Labor Code Sections 4664SanctionsEquitable EstoppelMaximum Medical ImprovementWork Restrictions
References
10
Case No. MISSING
Regular Panel Decision
Feb 09, 1995

Hickey v. C. D. Perry & Sons, Inc.

Plaintiff Roland E. Hickey, a labor supervisor, was injured after falling from a plank across a sluiceway at a dam construction site. He and his wife sued the owner, New York State Electric and Gas Corporation (NY-SEG), and the general contractor, C. D. Perry & Sons, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants then filed a third-party action against Hickey's employer, Prepakt Concrete Company, for contribution and indemnification. Plaintiffs moved for partial summary judgment on the issue of strict liability under Labor Law § 240 (1), while defendants cross-moved to dismiss this claim, asserting the "recalcitrant worker" defense. The Supreme Court denied both motions, finding unresolved factual questions. The appellate court affirmed the denial of the plaintiffs' motion, agreeing that factual issues persisted regarding whether adequate safety devices were provided and whether the plaintiff refused to use them, or if the plank itself was unauthorized and its use prohibited.

Labor LawWorkplace SafetySummary JudgmentRecalcitrant WorkerFall from HeightSubcontractor LiabilityGeneral Contractor LiabilityOwner LiabilityIndemnificationContribution
References
2
Case No. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
1
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
6
Case No. MISSING
Regular Panel Decision
Oct 14, 1999

Claim of Williams v. New York State Department of Transportation

The claimant, who suffered a work-related injury in 1988, initially received permanent partial disability benefits at a mild rate in May 1996. Dissatisfied with this assessment, the claimant appealed, presenting medical evidence suggesting a more severe disability. This led the Workers’ Compensation Board to restore the case to the trial calendar for further development of the record concerning the degree of disability post-May 6, 1996. Although two physicians testified, with one indicating a moderate disability and another a total disability, the Workers’ Compensation Law Judge (WCLJ) ultimately awarded benefits at a moderate partial disability rate. Upon the claimant's subsequent appeal, the Board ruled that the claimant was precluded from raising the issue of their degree of disability, citing regulatory provisions. The appellate court found that the Board had abused its discretion, as the issue was explicitly remanded by the Board previously, and the claimant was still aggrieved by the WCLJ's award despite an increase in benefits. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationDisability AssessmentAppellate ReviewAbuse of DiscretionProcedural ErrorMedical EvidenceDegree of DisabilityRemittalNew York LawAdministrative Appeal
References
0
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