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

Case No. ADJ10758803
Regular
Feb 07, 2018

JOSEPH ROBINSON vs. CITY OF RIVERSIDE

The Appeals Board granted reconsideration, rescinding the prior Findings and Award because the Qualified Medical Examiner's (QME) report lacked substantial evidence. The QME's opinion on cumulative trauma injury appeared based on an incorrect legal understanding, failing to acknowledge the cumulative effect of repetitive job demands over time. Consequently, the matter is returned to the WCJ for further proceedings, potentially including a new medical evaluation, to address the applicant's claimed cumulative trauma injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardQualified Medical ExaminerCumulative TraumaSubstantial Medical EvidenceLabor CodeAggravationAOE/COEPolice Officer
References
9
Case No. MISSING
Regular Panel Decision
Oct 12, 1990

North Fork Environmental Council, Inc. v. Janoski

This case involves a CPLR article 78 proceeding to challenge the Town Board of Riverhead's determination to grant a special permit for a condominium development to Mill Pound Commons. The petitioner argued that the environmental impact statements were defective because the Town Board failed to consider the cumulative environmental effects of the project with other proposed projects in the Saw Mill Creek basin and did not consider archaeological impacts. The Supreme Court, Suffolk County, affirmed the Town Board's decision, finding that the projects were not "reasonably related" for a mandatory cumulative impact review and that archaeological impacts were not raised or supported during the review process. The court emphasized that a Critical Environmental Area designation alone does not mandate a cohesive framework for cumulative impact review and that new issues cannot be raised after the completion of the Environmental Impact Statement process.

Environmental Impact StatementSEQRACumulative Impact ReviewSpecial PermitCondominium UseTown Board DeterminationCritical Environmental AreaArchaeological ResourcesPublic CommentCPLR Article 78
References
4
Case No. MISSING
Regular Panel Decision

Park v. New York State Department of Transportation

The Supreme Court initially found that a negative declaration by the Department of Transportation (DOT) for capital improvements at Stewart International Airport was legally insufficient under the State Environmental Quality Review Act (SEQRA). Petitioners challenged DOT's determination, arguing it was conclusory and failed to consider the cumulative environmental impacts of airport development and increased air traffic. The proposed improvements included terminal rehabilitation, expansion, road construction, and a new parking lot aimed at facilitating scheduled air service at the airport in Orange County. The appellate court reversed the Supreme Court's judgment, confirming DOT's determination and dismissing the petition. The court held that DOT's negative declaration had a rational basis for the specific actions, and it was not obligated to re-examine cumulative effects already addressed in prior environmental impact statements or to consider future buffer area developments separately reviewed.

Environmental LawSEQRANEPANegative DeclarationEnvironmental Impact StatementAirport DevelopmentStewart International AirportCumulative Environmental EffectsCapital ImprovementsAdministrative Law
References
11
Case No. MISSING
Regular Panel Decision

Village of Westbury v. Department of Transportation

The Village of Westbury initiated a CPLR article 78 proceeding against the Department of Transportation (DOT) for alleged violations of the State Environmental Quality Review Act (SEQRA). The Village sought to annul a negative declaration issued by DOT for the reconstruction of an interchange and a proposed widening of the Northern State Parkway, arguing that the projects' cumulative environmental effects required an Environmental Impact Statement (EIS). The Supreme Court dismissed the petition, but the Appellate Division reversed, annulling the negative declaration and remitting the case to DOT. The Court of Appeals affirmed the Appellate Division's order, concluding that DOT erred by not considering the combined environmental effects of the interchange reconstruction and the parkway widening, as these were interdependent projects under SEQRA regulations. The Court also held that DOT must apply the more protective Department of Environmental Conservation (DEC) regulations and that the Village's proceeding was timely because DOT failed to provide proper notice of the negative declaration.

Environmental LawSEQRACPLR Article 78Negative DeclarationEnvironmental Impact StatementProject SegmentationCumulative ImpactsNotice RequirementsStatute of LimitationsHighway Construction
References
7
Case No. ADJ2719991 (VNO 0485134) ADJ1334047 (VNO 0428744)
Regular
Aug 20, 2009

Catalina Barajas vs. WELLPOINT HEALTH NETWORK, INC., ZURICH LOS ANGELES

This case involves an applicant who initially sustained a cumulative trauma injury to her upper extremities during a period covered by one insurer. After returning to work with modified duties, she experienced a recurrence and worsening of symptoms, necessitating further treatment and surgery, which the Board now recognizes as a separate cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior finding of a single cumulative trauma injury. The Board held that distinct periods of compensable temporary or permanent disability, as established by medical evidence and treatment, demarcate separate cumulative trauma injuries, aligning with the *Rodarte* precedent. Consequently, the applicant was found to have sustained two separate cumulative trauma injuries, each attributed to different insurance coverage periods.

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities
References
3
Case No. MISSING
Regular Panel Decision

Moskal v. Fleet Bank

Plaintiff Mark Moskal, a jeweler, was robbed in Fleet Bank's basement vault area after being directed by a security guard to use a stairwell due to elevator renovations. Moskal and his wife sued Fleet Bank, the building owner (UOB Realty), managing agent (Axiom Real Estate), security company (Effective Security Systems, Inc.), and contractor (Interior Construction Company), alleging negligence for failure to protect him from foreseeable danger. The court granted summary judgment to UOB, Axiom, Security, and Interior, finding the attack unforeseeable by them and no duty owed. However, Fleet Bank's cross-motion for summary judgment was denied, as the court found questions of fact for a jury regarding Fleet's potential duty to Moskal, given its awareness of the stairwell's danger and its specific policy prohibiting customer use, which was allegedly disregarded.

ForeseeabilityNegligencePremises LiabilitySummary JudgmentDuty of CareCriminal Act of Third PersonsBank SecurityStairwell DangerConstruction NegligenceRobbery
References
18
Case No. MISSING
Regular Panel Decision
Aug 13, 1995

Brier v. City University

The respondent City University of New York's determination, dated August 13, 1995, to dismiss the petitioner from his role as Administrative Superintendent of Campus Buildings and Grounds at Lehman College, effective September 8, 1995, was unanimously confirmed. The petition was denied, and the CPLR article 78 proceeding, transferred from the Supreme Court, New York County, was dismissed. The court found that respondent's conclusions regarding the petitioner's failure to report lost keys, ensure proper facility cleaning and maintenance, and general incompetence were supported by substantial evidence, including testimony from the petitioner, superiors, and co-workers. No grounds were found to overturn the respondent's credibility assessments, and the penalty of dismissal was deemed appropriate, especially considering the petitioner's prior disciplinary history.

Public EmploymentAdministrative LawEmployee MisconductWorkplace DisciplineJudicial ReviewArticle 78 ProceedingLehman CollegeCity University of New YorkTermination of EmploymentSubstantial Evidence
References
1
Case No. ADJ8750596
Regular
Nov 23, 2016

STEVE HOSEY vs. SALINAS PEPPERS, STATE COMPENSATION INSURANCE FUND

This case concerns a cumulative trauma injury to Steve Hosey while employed as a professional baseball player. The central dispute involved the correct date of injury and its impact on the permanent disability benefit rate. The Board granted reconsideration, affirming that the benefit rate should be based on the date of injury, not the date of initial disability. They also ruled that the applicant's claim for a 15% increase in benefits due to lack of work offer was inapplicable as the relevant statute was not in effect at the time of injury.

Cumulative traumaDate of injuryLabor Code section 5412Petition for ReconsiderationPermanent disability benefit rateModified or alternative workLabor Code section 4658(d)Permanent and stationary statusTemporary disability ratePermanent disability indemnity
References
2
Case No. ADJ2105435 (EUR 0031083) ADJ489780 (EUR 0031084)
Regular
Nov 14, 2008

Bill Chilcutt vs. HINTZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND EUREKA

This case involves Bill Chilcutt's workers' compensation claim for back and neck injuries. The appeals board granted reconsideration, rescinding the prior determination that found good cause to reopen the cumulative trauma claim and awarding 59% permanent disability. The matter is remanded for further proceedings to address issues of psychiatric disability causation, orthopedic apportionment in light of recent case law, and the effect of a prior stipulation regarding benefit payment. The claim for the specific 1995 injury was correctly deemed untimely.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryPermanent DisabilityApportionmentAgreed Medical ExaminerPetition to ReopenGood CauseFive-Year Limitation
References
6
Case No. ADJ2555047 (SRO 0120485) ADJ2388195 (SRO 0132795)
Regular
Nov 24, 2008

VIRGINIA GOPAR vs. ADVANCED FIBRE COMMUNICATION, SAFETY NATIONAL CASUALTY, MATRIX ABSENCE MANAGEMENT, CIGA, BROADSPIRE, LEGION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior decision and returning the matter for further proceedings. The WCAB determined that collateral estoppel bars relitigating the cumulative trauma injury date of November 5, 2004, which was previously adjudicated. This established date means CIGA, as the insurer for Legion Insurance Company, is entitled to seek reimbursement from Safety National Casualty, which provided coverage during a portion of the injury period. The WCAB instructed the arbitrator to consider the effect of prior case law regarding contribution and reimbursement in light of the established injury date.

CIGALegion InsuranceSafety National Casualtycumulative traumacollateral estoppeldate of injuryapportionmentcontributionincurred lossesloss adjustment expenses
References
8
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