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

Case No. 2023 NY Slip Op 00892
Regular Panel Decision
Feb 15, 2023

Velasquez v. Sunstone Red Oak, LLC

Plaintiff Marianella Velasquez initiated a putative class action against Sunstone Red Oak, LLC, alleging violations of Labor Law article 6 concerning unpaid service charges. Velasquez, who worked as a server through a staffing agency, claimed to be an employee of Sunstone. The Supreme Court denied both Velasquez's motion for sanctions and Sunstone's cross-motion for summary judgment. Upon review, the Appellate Division reversed the Supreme Court's order regarding the cross-motion, finding that Sunstone successfully demonstrated Velasquez was not their employee, and Velasquez failed to provide sufficient counter-evidence. Consequently, the Appellate Division granted Sunstone's cross-motion for summary judgment, dismissing the complaint, and deemed Velasquez's appeal academic.

Labor Law Article 6Service ChargesGratuitiesEmployer-Employee RelationshipStaffing AgencySummary JudgmentSpoliation of EvidenceAppellate ReviewIndependent ContractorControl Test
References
9
Case No. MISSING
Regular Panel Decision

Velasquez v. Goldwater Memorial Hospital

Plaintiff Iris Velasquez sued her employers, New York City Health and Hospitals Corporation (HHC) and Elizabeth Lockhart, alleging national origin discrimination and retaliation under Title VII, 42 U.S.C. § 1983, and New York human rights laws. Velasquez, a Hispanic patient representative, claimed she was fired for being Hispanic and for complaining about an alleged English-only language policy at Goldwater Memorial Hospital. Defendants moved for summary judgment, asserting Velasquez's probationary status and documented performance issues as legitimate, non-discriminatory reasons for her termination. The court granted the defendants' motion, finding that demonstrating an English-only policy alone was insufficient to prove discriminatory intent based on national origin. The retaliation claims were also dismissed, as Velasquez failed to show her employer was aware her complaints were about conduct prohibited by Title VII, or to establish a causal link for her Section 1983 claim.

National Origin DiscriminationTitle VIIRetaliationSummary JudgmentEnglish-Only PolicyDisparate TreatmentPrima Facie CaseMcDonnell Douglas Burden-ShiftingFirst Amendment RightsSection 1983
References
25
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. 2024 NY Slip Op 05574 [232 AD3d 700]
Regular Panel Decision
Nov 13, 2024

Velasquez v. RS JZ Driggs, LLC

Plaintiff Blaines Santos Velasquez, an ironworker, was injured during construction when temporary plywood flooring dislodged, causing him to fall onto a rebar column. He initiated a personal injury action under Labor Law § 241 (6). The defendants, RS JZ Driggs, LLC, and Foremost Contracting and Building, LLC, moved for summary judgment to dismiss the complaint. The Supreme Court denied their motion regarding claims predicated on 12 NYCRR 23-1.5 (c) (3) and 23-1.7 (e) (2). The Appellate Division affirmed this denial, finding triable issues of fact existed concerning whether the plywood flooring was sound and operable as per 12 NYCRR 23-1.5 (c) (3), and if the rebar constituted a 'sharp projection' under 12 NYCRR 23-1.7 (e) (2), clarifying that the 'integral to the work' exception for tripping does not apply when an injury results from falling onto such an object.

Personal injuryConstruction accidentLabor LawIndustrial CodeSummary judgmentTriable issue of factPlywood flooringRebarSafety devicesSharp projections
References
9
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. 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. ADJ8996451
Regular
Mar 25, 2016

ROGELIO VELASQUEZ vs. MOLOFSKY BUILDERS, INC., EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the Workers' Compensation Judge's decision. The Judge correctly excluded permanent disability for sleep disturbance as the QME failed to provide an apportionment opinion as required by statute. Furthermore, the Judge properly rejected the QME's *Almaraz/Guzman* rating for the left knee injury, finding it unpersuasive and lacking in specific ADL deficits. Therefore, the Judge's original findings on permanent disability were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportEpworth Scalesleep disturbancepermanent disabilityQualified Medical Evaluator (QME)apportionmentleft knee injuryAlmaraz/Guzman
References
0
Case No. MISSING
Regular Panel Decision
Jan 05, 2015

Velasquez v. Digital Page, Inc.

Plaintiffs Noel Velasquez and Caídos Rivera sought class certification for unpaid overtime claims under New York law against defendant corporate entities, which had previously faced conditionally certified FLSA claims. The core of the dispute revolved around the defendants' blanket policy of classifying sales associates as exempt from overtime, a policy challenged by plaintiffs as violating 29 U.S.C. § 207(i). The court denied the motion for class certification, ruling that the prerequisites of Rule 23(a), specifically commonality and typicality, were not satisfied. This was because determining each class member's entitlement to overtime required highly individualized inquiries into their work hours, regular pay rates, and commission-based compensation. Furthermore, the court concluded that common questions of law or fact did not predominate over individual issues, a requirement under Rule 23(b)(3), thereby making class treatment inappropriate.

Class ActionClass Certification DeniedOvertime Wage ClaimsFair Labor Standards ActNew York Labor LawExempt Employee MisclassificationRetail Sales AssociatesCommission-Based CompensationIndividualized InquiryRule 23
References
28
Case No. ADJ10012313
Regular
May 01, 2017

ERNESTO VELASQUEZ vs. VJ'S HOME EXPANSIONS

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal in the case of Velasquez v. VJ's Home Expansions. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration would be inadequate. The WCAB found the defendant failed to meet this high burden, deferring to the administrative law judge's analysis of the merits. Therefore, the defendant's request for removal was denied.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportsubstantial prejudiceirreparable harmreconsiderationsupplemental pleadingextraordinary remedyCal. Code Regs.tit. 8
References
2
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
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