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

Case No. ADJ11171496; ADJ3047881
Regular
May 19, 2025

DAVID ANTHONY WILSON vs. CITY OF POMONA; ADMINSURE, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board decision addresses a clerical error found in its previous decision from May 15, 2025. The original decision erroneously included Joseph V. Capurro, Commissioner, as a panel member. The current order formally corrects this error by removing Commissioner Capurro's name, without the need for reconsideration. The underlying case involved David Anthony Wilson as the applicant against the City of Pomona, AdminSure, and the City of Los Angeles, with adjudication numbers ADJ11171496 and ADJ3047881, originating from the Pomona District Office. The original May 15, 2025 decision was an Opinion and Order Dismissing Petition For Removal, issued after the petitioner withdrew their request for removal.

Workers' Compensation Appeals BoardClerical Error CorrectionOpinion and OrderPetition for RemovalJoseph V. CapurroCommissionerDavid Anthony WilsonCity of PomonaCity of Los AngelesAdjudication Numbers
References
2
Case No. MISSING
Regular Panel Decision

Pollock v. Wilson

The Supreme Court properly denied defendant David C. Wilson's motion to renew or vacate a prior order that granted partial summary judgment to the plaintiffs. The court determined that the defendant failed to provide reasonable justification for introducing new facts on the motion to renew. Additionally, the defendant did not demonstrate any misrepresentation in plaintiff Paul A. Pollock's affidavit, which was crucial for the motion to vacate. The court also correctly struck the defendant's affirmative defense, which asserted that the action was barred by the Workers’ Compensation Law's exclusive remedy provisions. It was established that the plaintiff was not an employee of the defendant at the time of the accident, thus nullifying the applicability of the Workers' Compensation Law.

Personal InjurySummary JudgmentMotion to RenewMotion to VacateMisrepresentationWorkers' Compensation LawExclusive RemedyEmployer-Employee RelationshipAppellate ReviewAffirmative Defense
References
3
Case No. MISSING
Regular Panel Decision

Anthony v. Consolidated Rail Corp.

This case addresses the liability of Consolidated Rail Corporation (Conrail) as an "owner" under Labor Law § 240. The plaintiff, David Anthony, an employee of Richards "Of Course", was injured after falling from a billboard located on Conrail's right-of-way. The billboard had been mistakenly believed to be on Martisco Plumbing Corporation's property, which collected rent for it. The court found no evidence of Conrail's awareness, consent, or benefit from the billboard, nor any control over the work site. Citing precedent, the court determined that Conrail did not have the requisite nexus to the work or the structure to be considered an "owner" under the statute, and therefore dismissed the claims against it.

Labor Law § 240Owner LiabilityConstruction AccidentBillboard FallRight-of-WayTrespasser StatusLease AgreementThird-Party LiabilityPremises LiabilityProperty Ownership Dispute
References
4
Case No. MISSING
Regular Panel Decision

Claim of Moysello v. David

The claimant, a taxicab driver for David’s Taxi and David Enterprises, was injured in a motor vehicle accident in January 2007. An investigation by the Workers’ Compensation Board determined that Charles David and David Enterprises were the uninsured "true owners" and employers. A workers’ compensation law judge found them to be employers and uninsured, a decision affirmed by the Board, which found they met the presumptive definition of employer under Workers’ Compensation Law § 2 (former [3]) and had proper jurisdiction. The appellate court affirmed the Board’s decision, concluding it was supported by substantial evidence and that proper notice of the hearing was received despite competing address claims.

Motor Vehicle AccidentTaxicab DriverEmployer DefinitionUninsured EmployerWorkers' Compensation LawNotice of HearingBoard ReviewAppellate DecisionSubstantial EvidenceCorporate Ownership
References
1
Case No. MISSING
Regular Panel Decision

In re the Estate of Wilson

Dorothy S. Wilson, as executrix of the estate of Leonard R. Wilson, filed a petition for discovery against Lee Ford concerning the proceeds of Leonard R. Wilson's retirement plan, which named Ford as the beneficiary. Mr. Wilson died in 1985, having a vested benefit in the Corporate Profit Sharing Plan and Trust Agreement for Cobblestone Enterprises, Inc. The court considered the 1984 amendments to ERISA requiring a qualified preretirement survivor annuity (QPSA) for surviving spouses. Despite the plan's amendment occurring after Mr. Wilson's death, a transition rule mandated the QPSA amendments be treated as in effect at the time of death. The court, citing no New York authority, concluded that given the Cobblestone plan was a 'defined benefit plan' and under the ERISA transition rule, Dorothy S. Wilson, as the surviving spouse, was entitled to the entire $8,643.38 proceeds of the retirement plan.

ERISARetirement PlanQualified Preretirement Survivor AnnuityQPSADefined Benefit PlanTransition RuleSurviving SpouseBeneficiary DisputeEstateProbate
References
2
Case No. MISSING
Regular Panel Decision
Jan 22, 2010

Morris v. David Lerner Associates

Dora Morris sued her former employer, David Lerner Associates (DLA), and its President, David Lerner, for employment discrimination. She alleged gender discrimination due to unequal pay and a hostile work environment, claiming she was paid less than male counterparts and subjected to inappropriate comments and actions by Lerner. Morris also alleged retaliatory termination after complaining about the pay disparity. Defendants moved to dismiss parts of the complaint, arguing failure to exhaust administrative remedies and failure to state a claim. The Court denied the defendants' motion, finding that Morris's hostile work environment and retaliatory termination claims were reasonably related to her EEOC charge and were adequately pled under legal standards.

Employment DiscriminationGender DiscriminationHostile Work EnvironmentRetaliationMotion to DismissEEOC ExhaustionPleading StandardTitle VIINew York State Human Rights LawDisparate Treatment
References
56
Case No. MISSING
Regular Panel Decision

In re David J.

This dissenting opinion argues against the Family Court's decision to return Candice, Christine, and David to their parents, Roslyn K. and Steven K., after the petitioner charged the parents with neglect. The parents previously fled the state with the children, violating a court order. The dissent cites medical neglect of the daughters, alleged physical abuse and extreme isolation of David by his stepfather, and the mother's refusal to send David to school. The dissenting judge concludes that the parents' non-compliance and bizarre behavior create an imminent risk to the children's well-being, advocating for continued foster care.

Child neglectParental non-complianceChild welfareFamily Court proceedingsChild abuse allegationsMedical care refusalEducational neglectDissenting opinionBest interests of childTemporary removal order
References
9
Case No. MISSING
Regular Panel Decision
Sep 12, 1996

Wilson v. Gerstenzang, Weiner & Gerstenzang

This legal malpractice action concerned plaintiffs' claim that defendant Michael E. Mine negligently failed to timely commence an intentional tort action against Christopher Akers, who allegedly kicked plaintiff Leonard W. Wilson, Jr. Akers was a 50% shareholder of cav-ark Builders, Wilson's employer. Wilson disregarded Mine's advice and continued to accept workers' compensation benefits for his injuries. The Supreme Court granted summary judgment to the defendants, ruling that Wilson's acceptance of workers' compensation benefits precluded him from pursuing a separate intentional tort claim against his employer, Akers. The appellate court affirmed this decision, concluding that the legal malpractice action lacked merit because the underlying action would not have succeeded.

Legal MalpracticeWorkers' Compensation BenefitsIntentional TortStatute of LimitationsSummary JudgmentEmployer LiabilityElection of RemediesAppellate ReviewAttorney NegligenceCivil Damages
References
6
Case No. 2024 NY Slip Op 03392
Regular Panel Decision
Jun 20, 2024

Matter of State of New York v. Anthony R.

This case concerns the appeal of an order civilly committing Anthony R. as a dangerous sex offender under Mental Hygiene Law article 10. Anthony R. had a history of sex offenses and prior confinement, followed by release under strict and intensive supervision and treatment (SIST). After a period of compliance, he violated SIST conditions due to changes in his medication and treatment. The Supreme Court ordered his recommitment based on these violations, including substance abuse and aggressive non-sexual behavior. The Appellate Division reversed this decision, holding that the State failed to demonstrate by clear and convincing evidence that Anthony R. is *presently unable* to control his sexual conduct. The court found no persuasive link between his non-sexual SIST violations and an inability to control sexual behavior. The case was remanded for a new commitment order, clarifying that Anthony R. requires continued strict and intensive supervision, but not confinement.

Mental Hygiene LawSex OffenderCivil CommitmentSISTMental AbnormalityDangerousness AssessmentControl BehaviorAppellate DivisionReversalRemand
References
6
Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
4
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