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

Case No. ADJ10876042 ADJ10982861 ADJ10981527 ADJ10876054
Regular
Apr 15, 2020

ANTONIO VASQUEZ vs. TRANSPACIFIC RECYCLING, LLC, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal because the Administrative Law Judge's (WCJ) order to obtain a replacement QME and take the case off calendar lacked proper findings and supporting evidence. The Board found the record deficient, lacking stipulated facts and properly admitted documentary evidence as required by law. Consequently, the WCJ's January 7, 2020 order was rescinded. The matter is now returned to the WCJ for further proceedings and a new decision that adheres to evidentiary and record-keeping requirements.

Petition for RemovalQualified Medical ExaminerWCJ OrderLabor Code § 5313Hamilton v. Lockheed CorporationAppeals Board en bancAdmitted EvidenceSubstantial EvidenceMinutes of HearingStatement of Stipulations
References
6
Case No. 2021 NY Slip Op 07077 [200 AD3d 573]
Regular Panel Decision
Dec 21, 2021

Colon v. 251 Lexington I LLC

In this appellate decision, the court unanimously affirmed an order denying defendant Y Properties Holdings, LLC's motion to dismiss the complaint against it. Y Properties failed to provide sufficient documentary evidence to conclusively establish that it was the alter ego of the plaintiff's employer, nonparty Yeshiva University, at the pre-answer stage of the proceedings. The evidence showed that Y Properties was separately incorporated with a distinct purpose and that its assets were not interchangeable with Yeshiva's debts. While Yeshiva was the sole member of Y Properties, the LLC agreement permitted Y Properties to operate independently for its stated objectives without requiring Yeshiva's explicit involvement in its decisions. Consequently, the documentary evidence alone was deemed insufficient to irrefutably justify the dismissal of the complaint based on an alter ego theory.

Alter Ego DoctrineCorporate LiabilityMotion to DismissAppellate AffirmationDocumentary EvidenceLLC AgreementCorporate StructureEmployer-Employee RelationshipJudicial ReviewWorkers' Compensation Board
References
5
Case No. MISSING
Regular Panel Decision

Pagan v. Rhea

In 2009, a petitioner, who had previously received a child advantage housing subsidy, was denied Section 8 benefits due to a six-year ineligibility period stemming from two drug-related felony convictions. She requested an informal hearing, presenting extensive documentary evidence of rehabilitation, including participation in social work and job preparation programs, successful treatment for drug addiction and schizophrenia, and positive reports from social workers and substance abuse counselors. Despite consistently negative toxicology tests, with one explained exception for pain medication, the hearing officer concluded there was an unexplained discrepancy. The court found this conclusion lacked substantial evidence and was based on speculative inferences. Consequently, the matter was remanded for reconsideration of whether the petitioner has presented sufficient objective documentary evidence to overcome the presumption of undesirability as per NYCHA guidelines.

Housing SubsidySection 8 BenefitsFelony ConvictionsDrug RehabilitationMental Health TreatmentToxicology ReportsAdministrative HearingSubstantial EvidenceDiscretionary DecisionRemand
References
4
Case No. 2015 NY Slip Op 04819 [129 AD3d 790]
Regular Panel Decision
Jun 10, 2015

Lindsay v. Pasternack Tilker Ziegler Walsh Stanton & Romano LLP

Rudie Lindsay (plaintiff) sued the law firm Pasternack Tilker Ziegler Walsh Stanton & Romano LLP (defendant) for legal malpractice. Lindsay alleged that the firm failed to commence a personal injury action on his behalf after a motor vehicle accident in 2006, leading to the expiration of the statute of limitations. The defendant moved to dismiss the complaint, arguing it was time-barred, failed to state a cause of action, and was contradicted by documentary evidence, specifically claiming they had informed Lindsay they would not pursue the personal injury claim. The Supreme Court, Kings County, denied the defendant's motion. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order. The Court found the action was not time-barred because the legal malpractice claim accrued when the personal injury statute of limitations expired in November 2009, and Lindsay commenced his action in November 2012, within the three-year limit. The Court also ruled that the defendant's submitted evidence (a letter and a blank certified mail receipt) did not constitute conclusive documentary evidence to dismiss the complaint, and a dispute existed regarding the attorney-client relationship for the personal injury claim.

Legal malpracticeStatute of limitations defenseMotion to dismiss complaintDocumentary evidenceAttorney-client relationshipCPLR 3211(a) motionsPresumption of mailingAppellate Division reviewPersonal injury litigationAccrual of cause of action
References
20
Case No. 2025 NYSlipOp 06885
Regular Panel Decision
Dec 10, 2025

Sanchez v. 12E63, LLC

The plaintiffs, Santos Miguel Espinal Sanchez et al., appealed an order dismissing their personal injury complaint alleging violations of Labor Law §§ 200 and 241(6) during construction work on the defendant's property. The defendant, 12E63, LLC, had moved to dismiss based on documentary evidence, arguing homeowner exemption and lack of supervision, which the Supreme Court, Queens County, granted. However, the Appellate Division, Second Department, reversed this decision, finding that the defendant's documentary evidence did not conclusively refute the plaintiffs' factual allegations or establish a defense as a matter of law under CPLR 3211 (a)(1). Consequently, the defendant's motion to dismiss the complaint was denied, reinstating the plaintiffs' claims.

Personal InjuryConstruction AccidentLabor LawSafe Place to WorkHomeowner ExemptionCPLR 3211 (a) (1)Motion to DismissAppellate ReviewDocumentary EvidenceReversed
References
6
Case No. 2025 NY Slip Op 03311 [239 AD3d 610]
Regular Panel Decision
Jun 04, 2025

Harco Constr., LLC v. Scottsdale Ins. Co.

This case involves an action brought by Harco Construction, LLC, 301-303 West 125th, LLC, and Mt. Hawley Insurance Company against Scottsdale Insurance Company following a building and scaffold collapse. The plaintiffs sought satisfaction of judgments and a declaration that Scottsdale had a duty to indemnify Harco, which Scottsdale disclaimed based on a 'work height' exclusion. Scottsdale moved to dismiss the complaint, citing documentary evidence and collateral estoppel from a prior related action. The Supreme Court denied this motion. The Appellate Division affirmed the Supreme Court's decision, finding that Scottsdale's documentary evidence did not conclusively establish a defense and that the doctrine of collateral estoppel was inapplicable as the issues were not identical to those necessarily decided in the previous action, and Mt. Hawley was not a party to the prior litigation.

Insurance CoverageDisclaimer of CoverageWork Height ExclusionAdditional InsuredMotion to DismissCollateral EstoppelAppellate DivisionBuilding CollapseGeneral Contractor LiabilityDemolition Contractor
References
11
Case No. MISSING
Regular Panel Decision

McClary v. Civil Service Employees Ass'n

This case concerns an action brought by a plaintiff whose husband died in an on-the-job accident while employed by the County of Steuben Highway Department. The plaintiff sued CSEA, Inc. and its local unit, alleging negligence for failing to provide a safe workplace and breach of a collective bargaining agreement. Defendants moved to dismiss the action based on the Statute of Limitations, documentary evidence, and failure to state a cause of action. The court denied all motions, ruling that the federal six-month Statute of Limitations for unfair representation claims does not apply to state actions against public employee unions, and that further discovery was needed to evaluate the documentary evidence and third-party beneficiary claims. Additionally, the court found the plaintiff had sufficiently pleaded common-law negligence and breach of fiduciary duty.

NegligenceWrongful DeathPublic Employee UnionDuty of Fair RepresentationStatute of LimitationsCollective Bargaining AgreementSafe WorkplaceCivil Service LawCPLRMotion to Dismiss
References
16
Case No. MISSING
Regular Panel Decision

Menin v. Tully

The petitioner, an estate planner and life insurance agent, sought to review a State Tax Commission determination sustaining a deficiency assessment for unincorporated business taxes for various years between 1964 and 1974. The respondent concluded that the petitioner was an independent contractor rather than an employee. Petitioner worked under an agent’s career contract for New England Life Insurance Company and its general agent, but also sold insurance for other principals and operated with considerable independence, including maintaining his own office and incurring substantial business expenses. The court affirmed the determination, finding substantial evidence to support the conclusion that the petitioner was an independent contractor and therefore subject to the unincorporated business tax.

unincorporated business taxindependent contractorinsurance agentState Tax Commissiontax assessmentCPLR Article 78employer controlbusiness expensestax deficiencyappellate review
References
8
Case No. MISSING
Regular Panel Decision

Claim of Rivers v. Blue Ridge Farms, Inc.

The claimant, who suffered work-related injuries in 1985 resulting in a permanent partial disability, was awarded workers' compensation benefits. A subsequent Workers’ Compensation Law Judge decision, affirmed by the Board, required the claimant to provide additional documentary evidence (medical billing statements, cancelled checks, and receipts for out-of-pocket medical payments) to accurately calculate deficiency compensation. The claimant appealed this Board decision. The appellate court dismissed the appeal as interlocutory, ruling that it was not appealable because it did not decide substantive issues or involve a threshold legal question, pending further development of the record by the Board.

Workers' CompensationPermanent Partial DisabilityUnderpayment of BenefitsInterlocutory AppealAppellate JurisdictionDocumentary EvidenceMedical ExpensesNonfinal DecisionAppeal Dismissed
References
3
Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)
Regular
Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing
References
0
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