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Case No. ADJ11027267

Regular

Feb 03, 2023

LUIS ROSALES vs. IRELAND TILE AND STONE INC., SEDGWICK 14779 SAN DIEGO

This case involves an injured tile setter, Luis Rosales, who claimed lumbar radiculopathy stemming from an admitted industrial lumbar contusion. The Workers' Compensation Appeals Board denied reconsideration of a prior order, upholding a finding of 0% permanent disability. This decision was based on the Qualified Medical Examiner's (QME) reports, which the Board found to be substantial evidence. The Board specifically rejected the applicant's argument that the QME's opinions were inconsistent, clarifying that the QME found the sacral cyst unrelated to the lumbar contusion, not that the symptoms were unrelated to the cyst.

Petition for ReconsiderationQualified Medical ExaminerPQMEDr. Sonusupplemental reportsubstantial evidencelumbar contusionsacral cystradiculopathypermanent disability

References

Case No. MISSING

Regular Panel Decision

Claim of Lucas v. Peter Kiewit Sons Co.

Decedent Stanley Lucas, an electrician, died from generalized pancreatitis secondary to a ruptured pancreatic abscess, which was found to be a compensable injury. He was discovered lying on the ground at work by a co-worker after reportedly hurting himself on a plank, leading to a contusion on his pancreas. Medical testimony from Dr. Seymour Cutler and Dr. Lester M. Fox established a direct causal link between the work injury on January 23, 1975, and his death on January 27, 1975. The Workers' Compensation Board's finding that the claimant sustained an accident arising out of and in the course of employment, resulting in a causally related death, was supported by substantial evidence. The decisions of the Board were affirmed on appeal.

Workers' Compensation Law § 118Corroboration of AccidentDecedent's DeclarationsExpert Medical TestimonyAppellate ReviewCausal RelationshipPancreatic InjuryEmployment-Related DeathSubstantial Evidence ReviewBoard Affirmation

References

Case No. 2018 NY Slip Op 01108 [158 AD3d 965]

Regular Panel Decision

Feb 15, 2018

Matter of Williams v. New York State Off. of Temporary Disability & Assistance

Claimant, Theresa J. Williams, appealed a Workers' Compensation Board decision denying her claim for benefits. She alleged an elevator door struck her, causing sprains and contusions. The Workers' Compensation Law Judge (WCLJ) and the Board disallowed the claim, finding she exaggerated the incident and her injuries did not arise from employment, based significantly on video surveillance that contradicted her account. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing the Board's authority to resolve factual issues and assess witness credibility. The court concluded that the Board's determination was supported by substantial evidence and that there was no medical opinion establishing causation based on the incident as depicted in the video.

Workers' Compensation BenefitsAccidental InjuryCourse of EmploymentCredibility AssessmentVideo Surveillance EvidenceElevator IncidentClaim DisallowanceBoard Decision AffirmationFactual Issue ResolutionSubstantial Evidence Review

References

Case No. Appeal No. 61254

Regular Panel Decision

Wehmeyer v. Port Authority

Plaintiff, an employee, suffered multiple injuries, including fractured ribs and a contusion of the left kidney, after falling from a ladder onto a counter in the Eastern Airlines terminal. The initial Supreme Court order granted summary judgment dismissing the complaint. On appeal, the court modified this order, reinstating the plaintiff's Labor Law § 240 (1) claim against Eastern Airlines and Port Authority due to unresolved factual issues regarding safe equipment provision. However, claims against New York Helicopter and ASI were dismissed, as they lacked sufficient control over the plaintiff's work to incur liability under Labor Law § 240 (1). Motions for reargument were partially granted, while motions for leave to appeal were denied.

Labor LawLadder FallSummary JudgmentAppellate ReviewElevation-Related RiskEmployer LiabilityOwner LiabilityContractor LiabilityWorkplace SafetyPersonal Injury

References

Case No. MISSING

Regular Panel Decision

People v. Turkenich

Igor Turkenich was convicted of manslaughter after making inculpatory statements to police without Miranda warnings while confined in a psychiatric hospital. The statements concerned the death of his mother, Zinaida Turkenich, who died from a skull fracture and contusions. The defendant, a recent Russian immigrant with diminished mental capacity and unable to speak English, was interrogated by detectives at Metropolitan Hospital. Despite the detectives' initial intent to give Miranda warnings, a doctor advised against it due to the defendant's mental state. The trial court initially suppressed the statements but later reversed its ruling. On appeal, the court determined that the interrogation was custodial due to the defendant's involuntary confinement, mental condition, and lack of English proficiency, making the statements inadmissible without prior Miranda warnings. The judgment of conviction was reversed, the suppression motion granted, and a new trial ordered.

Miranda RightsCustodial InterrogationSuppression MotionManslaughter First DegreeMental CapacityInvoluntary ConfessionDue ProcessPsychiatric ConfinementInterpreter IssuesVoluntariness of Statements

References

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LUIS ROSALES vs. IRELAND TILE AND STONE INC., SEDGWICK 14779 SAN DIEGO

Petition for ReconsiderationQualified Medical ExaminerPQMEDr. Sonusupplemental reportsubstantial evidencelumbar contusionsacral cystradiculopathypermanent disability

Claim of Lucas v. Peter Kiewit Sons Co.

Matter of Williams v. New York State Off. of Temporary Disability & Assistance

Wehmeyer v. Port Authority

Labor LawLadder FallSummary JudgmentAppellate ReviewElevation-Related RiskEmployer LiabilityOwner LiabilityContractor LiabilityWorkplace SafetyPersonal Injury

People v. Turkenich

Miranda RightsCustodial InterrogationSuppression MotionManslaughter First DegreeMental CapacityInvoluntary ConfessionDue ProcessPsychiatric ConfinementInterpreter IssuesVoluntariness of Statements