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

Case No. ADJ7699249
Regular
Jan 09, 2012

DEREK DEMUN vs. SQUAW VALLEY SKI CORP.

This case involved applicant Derek Demun's workers' compensation claim against Squaw Valley Ski Corp. and its insurer, Safety National Casualty Corp. The Appeals Board granted reconsideration, amending the prior decision. The amendment clarifies that the applicant is entitled to 24-hour home health care for the first 60 days post-hospitalization, followed by indefinitely eight hours per day, provided by his parents. The Board also affirmed the award of central air conditioning and heating for the applicant's home.

Workers' Compensation Appeals BoardDerek DemunSquaw Valley Ski Corp.Safety National Casualty Corp.Matrix Absence ManagementInc.ReconsiderationWCJ reportHome health careCraig Hospital
References
0
Case No. 2015-1244 N CR NO.
Regular Panel Decision
Sep 14, 2017

People v. Lawrence (Derek)

Derek Lawrence appealed his conviction for sexual abuse in the third degree, stemming from two incidents involving a co-worker. He argued ineffective assistance of counsel, claiming his lawyer failed to present evidence of office dysfunction and an EEOC complaint against the victim. The Appellate Term, Second Department, affirmed the conviction, finding that counsel provided meaningful representation by employing a strategy to impeach the victim's credibility and securing acquittals on three of the four initial charges. The court also deemed the sentence of 90 days incarceration and a $500 fine appropriate, citing Lawrence's prior assault conviction.

Sexual AbuseIneffective Assistance of CounselAppellate ReviewCredibilityTrial StrategySentencingAssaultNonjury TrialProsecutor's InformationSandoval Hearing
References
12
Case No. 2021 NY Slip Op 04169
Regular Panel Decision
Jul 01, 2021

Matter of Derek KK. v. Jennifer KK.

The father appealed a Family Court order that dismissed his modification application, granted the mother sole custody with supervised visitation, and issued a stay-away order. The Appellate Division found a sound basis for the Family Court's determination of a change in circumstances and the children's best interests supporting sole custody and supervised visitation due to the parents' inability to co-parent and the father's harassing behavior. The court modified the order by changing a prerequisite for modifying visitation (father's enrollment in a parenting program) to a component of supervised visitation. Additionally, the Appellate Division affirmed the issuance of the stay-away order against the father, citing sufficient evidence of harassment and stalking. The court also upheld the Family Court's decision to not conduct a Lincoln hearing due to the children's young ages and the contentious family dynamics.

CustodyVisitationFamily OffenseOrder of ProtectionHarassmentStalkingParental AlienationBest Interests of the ChildChange in CircumstancesSupervised Visitation
References
21
Case No. MISSING
Regular Panel Decision

Copper v. Cavalry Staffing, LLC

Derek Copper and Leslie Minto filed a collective action against Cavalry Staffing, Tracy Hester, and Enterprise Holdings, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law for unpaid overtime, minimum-wage violations, and inaccurate wage statements. Enterprise's motion to dismiss based on not being an employer was denied, with the court finding sufficient pleading for joint employer status. The defendants' joint motion to dismiss was denied for overtime and wage statement claims, but granted for minimum-wage claims. The court also granted the plaintiffs' motion to conditionally certify a collective action, finding adequate factual showing from named plaintiffs and additional affidavits. The parties were directed to agree on notice procedures for opt-in plaintiffs.

Fair Labor Standards ActNew York Labor LawUnpaid OvertimeMinimum WageWage StatementsJoint EmployerCollective ActionConditional CertificationMotion to DismissWage Theft Prevention Act
References
24
Case No. 2025 NY Slip Op 02472 [237 AD3d 1542]
Regular Panel Decision
Apr 25, 2025

Thompson v. Kuhaneck

This is a personal injury action stemming from a slip-and-fall accident at a worksite. Defendants appealed a Supreme Court order that partially denied their motion to preclude evidence or compel discovery from the plaintiffs. The Appellate Division, Fourth Department, dismissed defendant Derek Kuhaneck's appeal, concluding he was not an aggrieved party under CPLR 5511. Regarding the appeal by defendants MP Construction and Mark Pettit, the court affirmed the Supreme Court's decision, finding no abuse of discretion in denying disclosure of the plaintiff's Social Security Disability records (after in-camera review) and tax returns, as relevant information was available from other sources.

Slip and FallPersonal InjuryDiscoveryPreclusion of EvidenceSocial Security Disability RecordsTax ReturnsAppellate ProcedureAggrieved PartyCPLRJudicial Discretion
References
13
Case No. 2020 NY Slip Op 04221 [185 AD3d 1342]
Regular Panel Decision
Jul 23, 2020

Matter of Kleban v. Central NY Psychiatric Ctr.

Claimant Derek Kleban sustained a right shoulder injury in 2013, for which he received a 28.75% schedule loss of use (SLU) award for his right arm. In 2017, he suffered a work-related injury to his right elbow, with his physician finding a 20% SLU of the right elbow. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board ruled that claimant was not entitled to a further SLU award for the elbow injury because the prior SLU award for the right arm exceeded the current 20% SLU. The Appellate Division, Third Department, affirmed this decision, citing Workers' Compensation Law § 15 (3) and prior precedents, which limit SLU awards based on the injured body member and degree of impairment, and allow multiple awards only for loss of use of more than one member or parts thereof, but not when a subsequent injury to a part of a previously awarded larger member results in a lower SLU.

Schedule Loss of Use (SLU)Workers' Compensation BenefitsRight Shoulder InjuryRight Elbow InjuryImpairment RatingPrior AwardSubsequent InjuryAppellate DecisionAffirmationWorkers' Compensation Board
References
4
Case No. ADJ4672208 (LAO 0803058) ADJ3659786 (LAO 0803059)
Regular
May 29, 2012

DEREK CAIN vs. USF LOGISTICS, TRAVELERS INSURANCE

This case involves a lien claimant, Psychological Assessment, seeking reconsideration of an order dismissing their lien. The Workers' Compensation Appeals Board dismissed the petition because it was untimely filed. The WCJ initially dismissed the lien after the claimant failed to appear at a lien trial and then at a subsequent show cause conference. The Appeals Board found the petition for reconsideration was filed 29 days after the WCJ's order, exceeding the 20-day deadline plus a 5-day mail extension.

Workers Compensation Appeals BoardPetition for ReconsiderationDismissal of LiensLien ClaimantWCJuntimely petitionLabor CodeService by MailJurisdictionSanctions
References
4
Case No. GOL 0099213
Regular
Oct 24, 2007

DEREK VELASQUEZ vs. JOSE VELASQUEZ, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant sought reconsideration of a decision barring his temporary disability claim under Labor Code Section 4656(c)(1). The applicant conceded the claim was barred but argued the statute was unconstitutional, violating equal protection. The Workers' Compensation Appeals Board denied reconsideration, adopting the Administrative Law Judge's report which stated the Board lacks jurisdiction to determine the constitutionality of statutes.

Workers' Compensation Appeals BoardDerek VelasquezJose VelasquezState Compensation Insurance FundGOL 0099213ReconsiderationAdministrative Law JudgeGreener v. Workers' Comp. Appeals Bd.Industrial InjuryCervical Spine
References
1
Case No. ADJ2012304
Regular
Jul 27, 2015

HILARIO GONZALES vs. DEREK LIMAS CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior decision. This action was taken to allow further study of the factual and legal issues to ensure a just and reasoned outcome. All future filings related to the reconsideration petition must be submitted directly to the WCAB Commissioners and not through district offices or e-filing. Pending a decision after reconsideration, trial-level documents not related to the petition should continue to be filed as usual.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System (EAMS)WCJProposed SettlementCompromise and Release Agreements
References
0
Case No. MISSING
Regular Panel Decision
Apr 20, 2007

Hamilton v. Kushnir Realty Co.

In a personal injury action, the defendants, Israel Kushnir and Good Housing, Inc., appealed from an order of the Supreme Court, Nassau County, which granted the plaintiffs' motion for summary judgment on the issue of liability under Labor Law § 240 (1) and denied the defendants' cross-motion to dismiss. The Appellate Court affirmed the Supreme Court's order. The plaintiffs established a prima facie case that plaintiff Derek Hamilton was injured due to a lack of enumerated safety devices, which the defendants failed to controvert with a triable issue of fact. The court reiterated that the failure to provide any protective devices establishes an owner's or contractor's liability as a matter of law, regardless of custom or usage.

Personal InjuriesLabor Law § 240 (1)Summary JudgmentLiabilitySafety DevicesAppellate ReviewConstruction LawOwner's LiabilityContractor's LiabilityWorkplace Safety
References
5
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