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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

Coniglio v. Coniglio

This is a proceeding under New York's Uniform Support of Dependents Law (USDL) initiated to seek child support for Jennifer Coniglio from her father, the respondent. A hearing examiner initially recommended a bifurcated support order of $60 per week during the respondent's employment season and $25 per week during unemployment, based on his seasonal construction work. The respondent objected to these findings, challenging the court's jurisdiction due to a pre-existing divorce decree that included child support provisions. Judge Anthony F. Bonadio, referencing Lebedeff v Lebedeff and Nichols v Bardua, ruled that the USDL provides an additional remedy, not a modification, and affirmed the court's jurisdiction to determine support de novo, without being bound by the Supreme Court decree. Considering the approximate equal incomes of both parents, the court set a new support order for the respondent at $30 per week, to be paid through the support collection unit, and ordered him to maintain medical and dental insurance for Jennifer Coniglio as per the separation agreement.

Child Support EnforcementUniform Support of Dependents LawJurisdictional DisputeDe Novo DeterminationParental Financial ContributionSeasonal Employment IncomeUnemployment Benefits ConsiderationMedical Insurance ProvisionDivorce Decree InteractionSupport Collection Unit
References
5
Case No. No. 10-07-00064-CV
Regular Panel Decision
Sep 10, 2008

SSHG, LLC D/B/A Support Services Holdings Group and Legacy Support Services, LTD. v. Eric Ian Lewis

Eric Ian Lewis, an employee of SSHG, LLC, was injured on the job while using an electric hand planer. He sued his employer, a worker's compensation nonsubscriber, for negligence. A jury found for Lewis, and SSG appealed the judgment, arguing it had no duty to warn of obvious dangers and that Lewis's own negligence caused the injury. The appellate court affirmed the trial court's judgment, holding that the danger of using the planer on small pieces of wood without a jig was not obvious or commonly known to Lewis, thus SSG owed a duty to train and warn. The court also found the evidence legally sufficient to support the jury's negligence finding against SSG.

Workplace NegligenceEmployer LiabilityDuty to WarnSafe WorkplacePower Tool InjuryWorker's Compensation NonsubscriberProximate CauseContributory Negligence (defense denied)Jury Verdict AppealAppellate Court Decision
References
11
Case No. MISSING
Regular Panel Decision
Feb 10, 1977

Hernandez v. Frangella Bros.

This case involves an appeal from a Workers' Compensation Board decision that found the decedent's father to be a dependent of the deceased employee under the Workers' Compensation Law. The claimant, the decedent's father, had a prior injury and consistently received financial support from his son, ranging from $15 to $60, totaling over $2,000 in the year before the son's death. The Board inferred that the father's standard of living was detrimentally affected by the loss of these contributions. The court affirmed the Board's determination, holding that questions of dependency and contribution are factual for the Board, and in this instance, there was substantial evidence to support their finding. Costs were awarded to the Workers' Compensation Board against the employer and its insurance carrier.

Dependency claimWorkers' Compensation BoardAppellate DivisionParental dependencyFinancial contributionsSubstantial evidenceQuestion of factAffirmed decisionDeceased employee
References
2
Case No. MISSING
Regular Panel Decision

State ex rel. Dunn v. Catholic Home Bureau for Dependent Children

Maureen M. Dunn filed a writ of habeas corpus to regain custody of "Baby Girl" Dunn, born April 6, 1986, after executing a surrender for adoption to Catholic Home Bureau for Dependent Children (CHB) on May 1, 1986. The child was placed with prospective adoptive parents, John and Mary Doe, on April 10, 1986. Dunn attempted to revoke her surrender on May 21, 1986, within the 30-day period stipulated by Social Services Law § 384(5). The adoptive parents moved to dismiss or transfer the case, arguing against Supreme Court jurisdiction. The court retained jurisdiction and, following hearings, addressed Dunn's claims of fraud, duress, or coercion in the surrender's execution, which it ultimately denied despite concerns about CHB's procedures and a witness's credibility. The court also clarified the application of Social Services Law §§ 383(6) and 384(5) regarding the natural mother's rights post-surrender, ruling that Dunn lost her presumption of superiority once the child was placed in an adoptive home, requiring the custody determination to be based solely on the child's best interests. Considering the stability, financial security, and family ties of the adoptive parents versus the natural mother's temporary employment, uncertain support from the natural father, and past substance use during pregnancy, the court found it in the child's best interest to remain with the adoptive parents and be adopted by them.

AdoptionChild CustodyHabeas CorpusSurrender of Parental RightsBest Interests of the ChildParental RightsSocial Services LawRevocation of SurrenderFraudDuress
References
10
Case No. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
5
Case No. MISSING
Regular Panel Decision

Claim of Gabisch v. J. F. C. Rental Corp.

Martin C. Gabisch died from injuries sustained in a work-related accident on March 28, 1985. His parents, Martin J. Gabisch and his wife (referred to as Claimant Mother), filed a claim for compensation asserting dependency. Initially, a finding of dependence was made, but the Workers’ Compensation Board reversed this, concluding that the claimants were not wholly or partially dependent on the decedent. The claimants subsequently appealed this Board decision. The court reviewed the evidence, noting that the deceased contributed approximately $550 per month to the family income, while the claimant father earned about $3,000 per month. The court determined that the evidence presented did not establish that the claimants were dependent upon the decedent, as they needed to prove they were not independently self-supporting. Consequently, the Board’s decision was affirmed.

Parental DependencyWorkers' CompensationAppellate ReviewFinancial SupportWork-Related AccidentDependency ClaimBoard DecisionAffirmation
References
1
Case No. MISSING
Regular Panel Decision

Anderson v. Bernstein

The petitioner initiated a CPLR article 78 proceeding to challenge a July 28, 1977, determination by the Commissioner of the New York State Department of Social Services, which affirmed a local agency's decision to discontinue her aid to dependent children grant. The Commissioner's decision was based on the petitioner's alleged failure to disclose biweekly support payments from her husband, a finding supported by his signed statement and an agency worksheet. However, neither the husband nor the agency worker testified at the fair hearing. The court found that the evidence presented was insufficient to refute the petitioner's testimony that she had not received support payments from her husband after February 1977. Consequently, the petition was granted, the determination annulled, and the case remitted to the State commissioner for a new hearing.

Public AssistanceAid to Dependent ChildrenFair HearingSufficiency of EvidenceSupport PaymentsDue ProcessAdministrative ReviewRemandSocial Services LawCPLR Article 78
References
3
Case No. MISSING
Regular Panel Decision

Claim of Mizugami v. Sharin West Overseas, Inc.

Keitato Mizugami, an employee of Sharin West Overseas, Inc., was fatally stabbed in New York City. His mother, a Japanese citizen and resident, filed a claim for death benefits, asserting dependency. The Workers’ Compensation Board affirmed an award of death benefits to the claimant, finding a causally related death and dependency. The employer appealed, arguing that there was no proof of one-year support as required by Workers’ Compensation Law § 17 for nonresident aliens. The court held that the 1953 Treaty of Friendship, Commerce and Navigation between the US and Japan supersedes § 17’s one-year support requirement, mandating national treatment for Japanese nationals, meaning dependency only at the date of death (Workers’ Compensation Law § 16). The court found substantial evidence supporting the Board’s finding of dependency and affirmed the Board's decisions.

Workers' CompensationDependency BenefitsNonresident AlienTreaty LawStatutory ConflictInternational LawDeath BenefitsAppellate DivisionNew YorkEmployer Liability
References
13
Case No. ADJ6751913
Regular
Apr 23, 2013

EDWIN MORENO (DEC.), ADRIAN AND NELLY MORENO, DEATH WITHOUT DEPENDENTS UNIT vs. CERADYNE INC, LIBERTY MUTUAL INSURANCE COMPANY

This case involves the denial of reconsideration for a petition filed by the parents of a deceased worker, Edwin Moreno. The parents claimed partial dependency on their son's income, but the Workers' Compensation Appeals Board (WCAB) upheld the Administrative Law Judge's (ALJ) decision that they failed to prove the required legal standard for dependency. Specifically, the parents could not quantify any monetary contributions their son made to their business or their support. The WCAB also noted a procedural issue with service of the petition but denied reconsideration on the merits.

Workers' Compensation Appeals BoardDeath Without Dependents UnitPetition for ReconsiderationPartial DependentsDeath BenefitsIndustrial AccidentDependency ClaimSupportChevron USAInc. v. WCAB (Stecle)
References
1
Case No. ADJ7472371
Regular
Oct 19, 2016

GOLDEN DAVE DUBOISE (Deceased); DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT; PAMELA MEGAN DUBOISE, vs. BLACK ROAD AUTO & TOW; STATE COMPENSATION INSURANCE FUND,

The Workers' Compensation Appeals Board denied the Department of Industrial Relations' petition for reconsideration. The Board affirmed the finding that Pamela Duboise was a partial dependent of the deceased employee, Golden Dave Duboise. This determination was based on evidence of past child support payments and cash gifts, establishing reliance for her maintenance. The Board distinguished this case from precedents where dependency was based solely on legal obligation without actual contributions.

Death Without Dependents UnitPamela Megan Duboisepartial dependentdeath benefitschild supportarrearageDivorce DecreeArkansas state courtWCJPetition for Reconsideration
References
4
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