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

Case No. CV-23-2160, CV-24-0333
Regular Panel Decision
Mar 13, 2025

In the Matter of the Claim of Cynthia Goss

Cynthia Goss, a crisis response services provider, sought workers' compensation benefits for sarcoidosis sustained from exposure at the World Trade Center (WTC) site as a volunteer in October and December 2001. Initially, a WCLJ established her claim under Workers' Compensation Law article 8-A, finding her activities covered. However, the Workers' Compensation Board reversed, concluding she was not a "participant" in WTC rescue, recovery, and cleanup operations. The Appellate Division found the Board's determination unsupported by substantial evidence, noting Goss's direct connection to the NYPD command center and her role in providing mental health support to first responders at the site. The court emphasized the liberal construction intended for Workers' Compensation Law article 8-A and reversed the Board's decisions, remitting the matter for further proceedings.

WTC ClaimsVolunteer BenefitsSarcoidosisWorkers' Compensation AppealsWorld Trade Center RescueRecoveryCleanup OperationsMental Health SupportFirst RespondersAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Shenendehowa Central School District Board of Education & Civil Service Employees Ass'n

Kavanagh, J., in a dissenting opinion, argues against the majority's decision to confirm an arbitration award. The dissent contends that the petitioner (employer) had a contractual right under the collective bargaining agreement (CBA) to terminate respondent Cynthia DiDomenicantonio for failing a drug test. The arbitrator, in the dissenting view, exceeded his authority by imposing additional 'just cause' requirements not stipulated in the CBA, effectively changing the agreement and reaching a resolution outside the scope of arbitration. The dissent further highlights public policy concerns regarding the safety implications of school bus drivers who are substance abusers.

Arbitration AwardCollective Bargaining AgreementDrug TestingEmployee TerminationArbitrator AuthorityPublic PolicySchool Bus DriversMisconductContractual RightsAppellate Review
References
4
Case No. ADJ1468445 (AHM 0109357)
Regular
Jun 08, 2009

CYNTHIA MAYFIELD vs. VERIZON, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) has denied Cynthia Mayfield's Petition for Removal. The Board adopted the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition to remove the case from its current status has been denied.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardWCJ reportADJ1468445Cynthia MayfieldVerizonSedgwick CMSadministrative law judgedeny removal
References
0
Case No. ADJ8110093
Regular
May 03, 2018

CYNTHIA WESLEY vs. COUNTY OF LOS ANGELES

This case concerns applicant Cynthia Wesley's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied her petition, upholding the original award of 8% permanent disability for a spine and hip injury sustained while employed as a probation officer. The original award included apportionment to a prior disability award. Wesley argued the WCJ erred in rating her disability and in applying apportionment. The Board adopted the WCJ's report, finding no grounds for reconsideration of the original award.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injuryspineright hippermanent disabilityapportionmentLabor Code section 4664prior award
References
1
Case No. ADJ10939915
Regular
Jul 27, 2017

CYNTHIA MCDANIEL vs. TIMEC/BROADSPECTRUM, ESIS/INA

The Workers' Compensation Appeals Board (WCAB) dismissed Cynthia McDaniel's petition for reconsideration because it was filed against an interlocutory procedural order, not a final decision on substantive rights or liabilities. However, the WCAB granted her petition for removal. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings. This action was based on the WCJ's own report, which the WCAB adopted and incorporated.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory ProceduralEvidentiary IssueRescinded DecisionFurther ProceedingsWCJ Report
References
4
Case No. ADJ361855 (GOL 0100706) ADJ987728 (GOL 0100705)
Regular
Jun 06, 2011

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; Permissibly Self-Insured, Administered by KEENAN & ASSOCIATES

The Appeals Board granted the applicant's petition for reconsideration and denied the defendant's. It affirmed the original award of 45% permanent disability, finding the Agreed Medical Evaluator's (AME) deposition testimony admissible and substantial evidence. The Board amended the temporary disability period to extend to March 27, 2008, finding applicant reached Maximal Medical Improvement on that date. Finally, the Board deferred the issue of further medical treatment, including acupuncture, for evaluation by the AME.

Workers Compensation Appeals BoardCynthia SiegertCottage Health SystemKeenan & AssociatesADJ361855ADJ987728Petition for ReconsiderationFindings and AwardRegistered NurseLumbar Spine
References
6
Case No. ADJ987728 (GOL 0100705) ADJ361855 (GOL 0100706)
Regular
Sep 22, 2009

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; permissibly self-insured, administered by KEENAN \u0026 ASSOCIATES

This case concerns a defendant's attempt to appeal a non-final order that took the matter off calendar for further medical record development. The Appeals Board vacated its prior order granting reconsideration, deeming it improvidently granted as the original order was not a final decision. The Board also denied the defendant's petition for removal, finding no irreparable harm or significant prejudice. This action effectively dismissed the defendant's procedural challenges to the WCJ's management of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalVacating OrderDismissing PetitionDenying PetitionAgreed Medical EvaluatorFurther DiscoveryAlmarazOgilvie
References
4
Case No. ADJ9477887
Regular
Oct 29, 2025

Cynthia Hargerty vs. HealthNet, Inc.; Safety National Insurance

Applicant Cynthia Hargerty, a substance abuse counselor, sustained injuries in 2013 and settled her case for 27% permanent disability in 2018. She later petitioned to reopen, asserting her psychiatric injury was compensable under Labor Code section 4660.1(c) and that vocational reporting indicated total disability. The Workers' Compensation Appeals Board affirmed the WCJ's December 23, 2021 F&O, stating the prior finding on psychiatric injury non-compensability was final due to lack of appeal. The Board also deemed the vocational expert's opinion insufficient as it relied on psychiatric impairment statutorily barred and inadequately addressed non-industrial apportionment factors.

Workers' Compensation Appeals BoardCynthia HargertyHealthnet Inc.Safety National InsuranceADJ9477887Opinion and Decision After ReconsiderationPetition to ReopenScheduled RatingLabor Code Section 4660.1(c)Permanent Total Disability
References
8
Case No. LAO 831546
Regular
Jul 30, 2007

CYNTHIA WINCHESTER vs. TENET/USC UNIVERSITY HOSPITAL, C/O SRS

The Workers' Compensation Appeals Board denied Cynthia Winchester's petition for reconsideration in Case No. LAO 831546. The Board adopted the WCJ's report for denial, but ordered further proceedings on the defendant's petition to set aside the order approving compromise and release. These proceedings will commence upon return of the file to the trial level without further action by the parties.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDenying ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportPetition to set asideCompromise and ReleaseTrial level proceedingsOfficial Address RecordService by Mail
References
0
Case No. 2016 NY Slip Op 04692 [140 AD3d 922]
Regular Panel Decision
Jun 15, 2016

Franklin v. Hafftka

Cynthia Franklin, acting as special guardian for George S. Franklin, commenced an action against Michael and Yonat Hafftka, asserting claims including breach of contract and breach of fiduciary duty related to a joint residential property purchase and shared living arrangement. George S. Franklin, who had a history of mental illness, had entered into this agreement with the Hafftka defendants. The defendants sought to dismiss several causes of action as time-barred or for failing to state a cause of action, while the plaintiff cross-moved for leave to amend certain claims. The Supreme Court initially granted the dismissal of some causes of action and denied the cross-motion to amend. The Appellate Division modified this order, ruling that the defendants' motion to dismiss the first, third, fourth, fifth, and sixteenth causes of action, and parts of the sixth, seventh, and eighth causes of action as time-barred, should have been denied due to a question of fact regarding the application of fiduciary tolling or the "repudiation rule." The court affirmed the dismissal of the ninth cause of action for promissory estoppel and the eleventh for a purchase money resulting trust. Additionally, the Appellate Division granted the plaintiff leave to amend the fifth cause of action but denied amendment for the sixth and seventh causes of action.

Breach of ContractBreach of Fiduciary DutyAiding and AbettingStatute of LimitationsFiduciary Tolling RuleRepudiation RulePromissory EstoppelPurchase Money Resulting TrustMotion to DismissLeave to Amend
References
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