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

Case No. MISSING
Regular Panel Decision

United Farm Workers National Union v. Sloan's Supermarkets, Inc.

Plaintiff United Farm Workers National Union (UFW) sued defendant Sloan’s Supermarkets, Inc., for misusing its Aztec Eagle certification mark, alleging violations of federal trademark and unfair competition laws. UFW sought a preliminary injunction, claiming irreparable harm to its consumer boycott of non-UFW lettuce and public deception. The court acknowledged instances of non-UFW lettuce being sold under the UFW mark but found them to be due to employee error, not deliberate malice. Sloan’s demonstrated good faith in addressing the issue. The court denied the preliminary injunction, concluding that UFW did not show immediate, irreparable injury strong enough to justify such an extraordinary remedy, and that an injunction would cause considerable harm to Sloan's business reputation given its good faith efforts.

trademark infringementunfair competitionpreliminary injunctionconsumer boycottUFWAztec Eaglegood faithirreparable injuryjudicial discretionlabor dispute
References
16
Case No. MISSING
Regular Panel Decision

Sloan v. Colvin

Plaintiff Debra Ann Sloan appealed the denial of her Supplemental Security Income (SSI) benefits by the Commissioner of Social Security. She alleged disability due to various physical and mental impairments, including rheumatoid arthritis, fibromyalgia, depression, and anxiety. The Administrative Law Judge (ALJ) had found her not disabled, a decision later affirmed by the Appeals Council. Judge Wolford reviewed the ALJ's residual functional capacity (RFC) assessment and credibility determination, ultimately finding them supported by substantial evidence. Consequently, the court denied Sloan's motion for judgment on the pleadings and granted the Commissioner's motion, dismissing the plaintiff's complaint with prejudice.

Social SecuritySupplemental Security Income (SSI)Disability BenefitsAdministrative Law JudgeResidual Functional CapacityCredibility DeterminationVocational Expert TestimonyRheumatoid ArthritisFibromyalgiaDepression
References
34
Case No. MISSING
Regular Panel Decision

Darin J. v. Tylena S.

The case concerns an appeal from a Family Court order regarding child neglect. Petitioner Darin J. and Chenango County Department of Social Services filed petitions alleging respondent John K. exposed minor children to pornography, leading to a neglect adjudication against him and a modification of visitation rights for respondent Tylena S. (the mother). Tylena S. and John K. appealed this decision. Their appellate counsel sought to be relieved, claiming no non-frivolous issues existed, but the appellate court identified several such issues. Consequently, the appellate decision is withheld, counsels' applications to be relieved are granted, and new counsel will be assigned to address the identified issues.

Child NeglectFamily Court ActVisitation RightsOrder of ProtectionAppellate ReviewCounsel AssignmentNon-Frivolous IssuesSufficiency of EvidenceFamily AssessmentPornography Exposure
References
5
Case No. BAK 0142744
Regular
Apr 01, 2008

DARIN SLOAN vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case concerns whether the old or new permanent disability rating schedule applies. The Board affirmed the WCJ's decision to use the old schedule, finding that medical reports in 2004 indicated permanent disability, even if not explicitly stating the condition was permanent and stationary. This ruling aligns with the more recent *Zavala* precedent, superseding the stricter interpretation in *Vera*.

Workers' Compensation Appeals BoardDarin SloanWasco State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationWCJindustrial injurypermanent disabilityapportionment1997 Schedule for Rating Permanent Disabilities
References
8
Case No. MISSING
Regular Panel Decision

Nembhard v. Memorial Sloan-Kettering Cancer Center

Plaintiff Inez Nembhard sued Memorial Sloan-Kettering Cancer Center for age and race discrimination. A jury found for Nembhard on age discrimination, awarding $110,000 back pay, and found for Memorial on race discrimination. Memorial moved for judgment as a matter of law or a new trial, alleging insufficient evidence, but the court denied these motions. The court found sufficient evidence of pretext, disproportionate punishment, and overtly discriminatory statements supporting the age discrimination verdict. Nembhard's motion for attorney fees and costs was granted, awarding her $100,893.75 in fees and $6,880.64 in costs.

Age DiscriminationEmployment DiscriminationJury VerdictPost-Trial MotionsAttorney Fees and CostsBack Pay AwardLiquidated DamagesPretextual FiringWillful DiscriminationFederal Rules of Civil Procedure
References
28
Case No. MISSING
Regular Panel Decision
Jan 05, 2007

Cohen v. Memorial Sloan-Kettering Cancer Center

Edward Cohen, an electrical subcontractor, was injured while installing metal racks in a ceiling at defendant Memorial Sloan-Kettering Cancer Center, where HRH Construction was the construction manager. He fell from a six-foot A-frame ladder because a metal rod protruded, blocking the first rung and forcing him to step directly from the second rung to the floor, where his left foot got caught, twisting his knee. The court found that the provided ladder, though not inherently defective, was inadequate for the specific task location as it did not allow for safe descent, violating Labor Law § 240 (1). The court held that defendants had an obligation to provide a safety device appropriate to the task, and the provided ladder was insufficient to permit safe performance of the elevated task at that particular part of the work site. The motion court's denial of summary judgment for the plaintiffs on their Labor Law § 240 (1) claim was overturned, and their cross-motion for summary judgment was granted. The dismissal of the cause of action under Labor Law § 241 (6) was affirmed.

Workers' CompensationLadder SafetyElevation RiskAbsolute LiabilitySummary JudgmentConstruction SiteSafety DevicesNegligenceProximate CauseLabor Law 240(1)
References
10
Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. ADJ8641564
Regular
Aug 01, 2013

JORGE AGUILAR vs. IGNACIO TRANCOSO dba SLOAN'S DRY CLEANERS, ARGONAUT INSURANCE COMPANY

This case involves a workers' compensation applicant, Jorge Aguilar, who sustained an industrial injury. The defendant, Sloan's Dry Cleaners and Argonaut Insurance Company, sought reconsideration, arguing the applicant was an independent contractor and not injured during employment. The Workers' Compensation Appeals Board denied the petition, finding the applicant was an employee based on the employer's right to control. The Board also affirmed the finding that the injury date was after termination, as the applicant credibly testified he only discovered the industrial relation after seeking medical treatment post-termination.

Workers' Compensation Appeals BoardAffirmative DefenseLabor Code Section 3600(a)(10)Independent ContractorIndustrial InjuryEmployee StatusRight to ControlPrima Facie CaseBurden of ProofBorello factors
References
7
Case No. MISSING
Regular Panel Decision

In re Envirosolutions of New York, LLC

This memorandum decision addresses the Debtors' motion in limine to preclude certain evidence in a Title VII racial discrimination and retaliation case brought by four claimants (Griggs, Sloan, Stephens, and Dougbey) in bankruptcy court. The claimants alleged various forms of discrimination, including hostile work environment. The Court, presided by Judge Stuart M. Bernstein, granted the motion in part, striking the hostile work environment claims for Dougbey, Sloan, and Stephens due to insufficient administrative exhaustion at the EEOC level. However, Griggs's hostile work environment claim was deemed administratively exhausted. Other evidentiary issues were deferred for trial.

Racial discriminationRetaliationTitle VIIHostile work environmentMotion in limineAdministrative exhaustionStatute of limitationsDisparate treatmentEEOCBankruptcy court
References
34
Case No. MISSING
Regular Panel Decision

Tylena S. v. Darin J.

This case involves consolidated appeals concerning child neglect and visitation. In proceeding No. 1, the mother's application alleging the father violated a visitation order was dismissed, a decision affirmed on appeal. In proceeding No. 2, the Chenango County Department of Social Services filed neglect petitions against the mother and her paramour, John K. The Family Court dismissed the petition against the mother but sustained the neglect finding against John K. for exposing the children to pornographic materials. The appellate court affirmed the finding of neglect against John K. but reversed the dispositional order, remitting the matter for a proper dispositional hearing as one was not held by the Family Court.

Child NeglectVisitation ViolationFamily Court ActAppellate ReviewCorroboration of Child StatementsPornographic ExposureIneffective Assistance of CounselConflict of InterestDispositional HearingChild Witness
References
21
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