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

Case No. 2022 NY Slip Op 06886
Regular Panel Decision
Dec 06, 2022

Castillo v. TRM Contr. 626, LLC

The plaintiff, Noel Castillo, was injured after falling from an A-frame ladder while preparing a window for painting. He testified that the six- to eight-foot-tall ladder was in poor condition and had to be leaned against a wall in a closed position due to heavy boxes obstructing the workspace. The Supreme Court, Bronx County, granted Castillo's motion for partial summary judgment on Labor Law § 240 (1) liability. The Appellate Division, First Department, affirmed this decision, citing that a statutory violation is established when a ladder shifts, slips, or collapses, especially when workplace conditions prevent proper securement. The court found that prior cases involving electrical shocks were distinguishable, reaffirming liability for gravity-related falls from inadequately secured ladders.

Ladder AccidentConstruction SafetyWorkplace HazardSummary Judgment GrantedAppellate AffirmationLabor Law ComplianceGravity-Related AccidentUnsafe EquipmentPersonal Injury ClaimContractor Liability
References
6
Case No. 2017 NY Slip Op 04925 [151 AD3d 1310]
Regular Panel Decision
Jun 15, 2017

Matter of Castillo v. Brown

Christina Castillo, a live-in domestic worker, sustained a hand injury in May 2012 and filed for workers' compensation benefits. The Workers' Compensation Law Judge (WCLJ) established her case, awarded benefits, and assessed Frida and Kenneth Brown (the employers) a penalty of $86,000 for failing to maintain workers' compensation coverage in violation of Workers' Compensation Law § 50 and § 26-a (2) (b). A panel of the Workers' Compensation Board affirmed this decision and later denied the employers' request for reconsideration. The Appellate Division, Third Department, affirmed the Board's decisions, finding no reason to disturb the penalty assessment and ruling that the employers' constitutional challenge was unpreserved. The court also found that the Board did not abuse its discretion or act arbitrarily or capriciously in denying the employers' request for reconsideration.

Workers' Compensation PenaltyEmployer Non-ComplianceDomestic Worker InjuryAppellate AffirmanceWorkers' Compensation Board ReviewJudicial DiscretionStatutory Penalty CalculationUnpreserved Constitutional ClaimSufficiency of EvidenceAdministrative Decision
References
7
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Rappaport, Hertz, Cherson & Rosenthal, P.C.

The Equal Employment Opportunity Commission (EEOC) and Melissa Castillo brought claims of sex discrimination, retaliation, and constructive discharge against Rappaport, Hertz, Cherson & Rosenthal, P.C., William Rappaport, and Herbie Gonzalez under Title VII. Castillo sought to intervene in the EEOC's action and assert additional state and city claims, while the defendant moved to compel arbitration of Castillo's claims based on an employment arbitration agreement. The court granted Castillo's motion to intervene and permitted her state and local claims to proceed under supplemental jurisdiction. The court also granted the defendant's motion to compel arbitration for all of Castillo's claims, determining that the arbitration agreement was an employer-promulgated plan and the associated costs would not be prohibitively expensive. The EEOC's action was not stayed, as it was not a party to the arbitration agreement, but Castillo's individual proceedings were stayed pending arbitration.

Sexual HarassmentRetaliationConstructive DischargeTitle VIIArbitration AgreementInterventionEmployment DiscriminationFederal Arbitration ActSupplemental JurisdictionEEOC Enforcement Action
References
51
Case No. MISSING
Regular Panel Decision

Castillo v. Casado (In Re Casado)

Herman and Janet Castillo, the Plaintiffs, initiated an adversary proceeding to prevent the discharge of the Debtor, Aníbal Casado, M.D., under 11 U.S.C. § 727(a)(4)(A). They alleged that the Debtor made false statements in his bankruptcy schedules by misrepresenting accounts receivable, failing to list household goods, and omitting several pending lawsuits. The Court found compelling evidence that the Debtor made material false oaths and exhibited a pattern of deceit, primarily to avoid paying the Castillos' judgment. Consequently, the Court ruled that the Debtor knowingly made false statements and, therefore, his discharge will be denied.

Bankruptcy FraudFalse OathsDischarge DenialAccounts Receivable UnderstatementUndisclosed AssetsUndisclosed LawsuitsReckless IndifferenceChapter 7 BankruptcyCreditor RightsMedical Malpractice Judgment
References
13
Case No. MISSING
Regular Panel Decision

Castillo v. Schriro

Petitioner Castillo, a correction officer and domestic violence victim, challenged her employment termination by the New York City Department of Correction via an Article 78 proceeding. The court found that the respondents acted in bad faith and discriminated against her based on a temporary disability and her status as a domestic violence victim, violating the New York City Human Rights Law. Respondents failed to provide reasonable accommodations or follow internal policies for domestic violence victims. The petition was granted, her termination annulled, and she was ordered reinstated with back pay and benefits, with the case remanded for a lesser penalty.

Domestic ViolenceEmployment DiscriminationDisability DiscriminationProbationary EmployeeArticle 78 ProceedingReasonable AccommodationBad FaithNew York City Human Rights LawAWOLTermination
References
30
Case No. ADJ7644729
Regular
May 20, 2014

COREY EVANS vs. FIRMANICH, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) dismissed Corey Evans' petition for reconsideration as untimely. Although the Findings and Orders were issued on December 20, 2013, Evans stated he had actual notice on February 14, 2014. This established a deadline of March 6, 2014, for filing the petition. Since Evans filed his petition on March 26, 2014, it was beyond the jurisdictional deadline. Therefore, the WCAB lacked the power to grant the petition, and it was dismissed accordingly.

Petition for Reconsiderationuntimely filingLabor Code section 5903jurisdictional time limitactual noticeWCJ Report and Recommendationcredibility findingdismissalAppeals Boardapplicant's attorney
References
8
Case No. ADJ10082077
Regular
Feb 22, 2016

SANDRA CASTILLO vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) dismissed Sandra Castillo's Petition for Reconsideration because it was not taken from a "final" order, as it only resolved an intermediate procedural or evidentiary issue. The WCAB also denied her Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that reconsideration would not adequately address. Therefore, both the reconsideration and removal requests were rejected. The WCAB adopted the findings of the workers' compensation administrative law judge in its decision.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutoryProcedural DecisionsEvidentiary Decisions
References
6
Case No. ADJ14154023
Regular
Sep 26, 2022

COREY CASTILLO vs. CENTINELA STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding a hernia injury sustained by a correctional officer to be compensable. While the specific statutory presumption for certain public safety officers did not apply, the Board affirmed the judge's finding that the applicant met their burden of proof. This was based on the substantial medical evidence from Dr. Woolf, who opined the hernia was caused by the applicant's heavy lifting and aggravated by a specific work incident. The claim was also found to be timely filed within the statute of limitations.

Workers' Compensation Appeals BoardCorey CastilloCentinela State PrisonCalifornia Department of Corrections and RehabilitationState Compensation Insurance FundPetition for ReconsiderationWCJ Reportsubstantial medical evidencePlace v. Workmen's Comp. Appeals Bd.industrial injury
References
2
Case No. ADJ9768338
Regular
Mar 21, 2017

RAMON CASTILLO ROCHA vs. ESPINOZA FARM LABOR CONTRACTOR, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Removal in the case of Ramon Castillo Rocha. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will occur and reconsideration will not be an adequate remedy. The WCAB found that the defendants failed to demonstrate either of these criteria based on the WCJ's analysis of their arguments. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationadequate remedyWCJ reportdenial of removalextraordinary remedyCortez v. WCAB
References
2
Case No. ADJ2143506 (AHM 0139193)
Regular
Mar 05, 2009

MARIA CASTILLO vs. EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior order denying Cypress Insurance Company's petition to join State Compensation Insurance Fund (SCIF). Cypress sought contribution from SCIF for a cumulative trauma injury claim settled by compromise and release with the applicant, Maria Castillo. The Board found that Cypress's petition for joinder and contribution was timely filed within one year of the settlement, and thus, failure to join SCIF prior to settlement did not waive Cypress's right to seek contribution. The case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePetition for JoinderContributionCumulative TraumaApportionment of LiabilityLabor Code Section 5500.5State Compensation Insurance FundEmployer Liability
References
1
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