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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Oct 13, 1993

Weber v. County of Nassau

Olga Weber, a probationary Mental Health Representative for Nassau County, was terminated after expressing intent to report alleged child abuse. She initiated a CPLR article 78 proceeding, claiming her dismissal violated Civil Service Law § 75-b due to retaliation for whistleblowing under Social Services Law § 413. The Supreme Court initially sided with Weber, ordering reinstatement and a damages hearing. However, the County of Nassau appealed. The appellate court reversed the judgment, concluding that Weber failed to establish a violation of Social Services Law § 413 (1) or that her termination as a probationary employee was in bad faith. Consequently, the petition was denied, and the proceeding was dismissed.

Probationary EmployeeWrongful TerminationWhistleblower ProtectionCivil Service LawSocial Services LawChild Abuse ReportingRetaliation ClaimCPLR Article 78Judicial ReviewEmployment Law
References
2
Case No. MISSING
Regular Panel Decision
Apr 22, 1983

Weber v. George Cook, Ltd.

Plaintiff Jack Weber, aged 68, filed a lawsuit under the Age Discrimination in Employment Act (ADEA) alleging wrongful termination by the defendant in 1981, after working as a manufacturers’ representative since 1971. He claimed his discharge was due to the defendant's knowing and willful desire to terminate older manufacturers’ representatives and replace them with younger individuals. The defendant moved for summary judgment, arguing a lack of subject matter jurisdiction as it did not meet the ADEA's definition of an "employer," which requires twenty or more employees for twenty or more weeks. The Court held an evidentiary hearing, concluding that even with a liberal interpretation, the defendant never employed more than nineteen individuals for the statutory period in 1980 or 1981. Consequently, the defendant’s motion for summary judgment was granted, and the complaint was dismissed for want of subject matter jurisdiction.

Age DiscriminationEmployment LawADEASummary JudgmentSubject Matter JurisdictionEmployer DefinitionIndependent ContractorEmployee StatusSales RepresentativeManufacturers' Representative
References
4
Case No. CV-24-1036
Regular Panel Decision
Sep 11, 2025

In the Matter of the Claim of Donna Brickner

Claimant Donna Brickner appealed a decision by the Workers' Compensation Board, which found she did not sustain a permanent total disability but rather a permanent partial disability of 90% following a work injury in 2019. The Workers' Compensation Law Judge initially found a permanent partial disability based on a carrier consultant's opinion that claimant was capable of sedentary work with significant restrictions. Claimant sought administrative review, arguing for a permanent total disability based on medical evidence. The Board affirmed its decision, relying on the claimant's treating physician's findings and the claimant's self-reported functional abilities, which indicated she was capable of greater activity than the carrier's consultant suggested, thus concluding there was insufficient credible medical evidence for a permanent total disability.

Workers' CompensationPermanent Partial DisabilityPermanent Total DisabilityMedical EvidenceLumbar Spine InjuryChronic Pain SyndromeSedentary Work RestrictionsDisability AssessmentAdministrative ReviewAppellate Decision
References
6
Case No. CV-23-1425
Regular Panel Decision
Mar 13, 2025

In the Matter of the Claim of Harold Hanson (dec'd) Donna Hanson

The Appellate Division reversed a Workers' Compensation Board decision denying death benefits to Donna Hanson for her deceased husband, Harold Hanson. Harold, a field service technician for General Electric, died from an acute aortic dissection, which claimant alleged was work-related. The case involved extensive procedural history, including a Workers' Compensation Law Judge (WCLJ) initially establishing the claim, followed by the Board's rescission and subsequent preclusion of claimant's medical evidence, specifically reports from Dr. Stern and Dr. Basri. The WCLJ ultimately disallowed the claim due to a lack of medical evidence, a decision affirmed by the Board. The Appellate Division found the Board's reasoning for precluding evidence inconsistent with its assertion that claimant had "ample opportunity" to submit proof, and also noted the Board's reliance on an inaccurate reading of the record, necessitating a remittal for further proceedings.

Workers' Compensation LawDeath Benefits ClaimCausal RelationshipAortic DissectionHypertensionMedical Report AdmissibilityProcedural ErrorsPresumption of CompensabilityBurden ShiftingAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

Donna v. Dodd, Mead & Co., Inc.

Natalie Donna, co-author of the children's book *Boy of the Masai*, sued her co-author, Peter Larsen, and publisher, Dodd, Mead & Company, alleging copyright infringement, conspiracy to infringe, and unfair trade practices. Donna's claims arose from three subsequent books by Larsen and his wife, which used a similar format to their original collaboration. Donna contended that *Boy of the Masai* was a composite work, implying separate copyrights for her text. The court, however, applied Second Circuit precedent, ruling that *Boy of the Masai* is a joint work, where co-owners cannot infringe their own copyright. Consequently, the court dismissed the copyright infringement and conspiracy claims, and the unfair trade practices claim was also dismissed due to a lack of pendent jurisdiction, resulting in the dismissal of the complaint in its entirety.

copyright lawjoint authorshipintellectual propertypublishing contractslegal precedentfederal courtjurisdictionliterary propertyco-ownershipinfringement claims
References
8
Case No. MISSING
Regular Panel Decision

Bradford v. Weber

The plaintiff, a marketing manager for Rushmore & Weber, Inc., was terminated after expressing his intent to exercise a stock option. He sued the company and its president, Peter B. Weber, for breach of his employment contract and intentional interference with his stock option agreement. The trial court dismissed the intentional interference claim, ruling that all agreements formed a single contract, precluding interference by a party to that contract. A jury found that the plaintiff was terminated for "good cause" as defined in his employment contract, citing poor performance and misconduct. The appellate court affirmed the trial court's decision, finding no error in dismissing the intentional interference claim and upholding the jury's verdict as supported by evidence.

Employment ContractStock Option AgreementBreach of ContractIntentional InterferenceGood Cause TerminationCorporate LawShareholder AgreementAppellate ReviewJury VerdictSufficiency of Evidence
References
6
Case No. ADJ9240712
Regular
Jul 12, 2016

LUCRECIA REYES vs. DONNA EICHHORN, dba DONNA'S TAMALES, SEQUOIA INSURANCE COMPANY

In the case of Reyes v. Donna's Tamales, the Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of an April 26, 2016 decision. The WCAB determined reconsideration was necessary to allow for a more thorough study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and facilitate a just and reasoned decision. All future correspondence regarding the petition must be filed directly with the WCAB Commissioners and not with any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationSan Francisco District OfficeAmtrust North AmericaSequoia Insurance CompanyDonna's TamalesLucretia ReyesStatutory Time ConstraintsFactual and Legal Issues
References
0
Case No. ADJ8241877
Regular
May 02, 2014

CONNA NICHOLS, DONNA NICHOLS, DONNA M. NICHOLS vs. EARLY LEARNING INSTITUTE, REPUBLIC INDEMNITY COMPANY OF AMERICA, REPUBLIC INDEMNITY CO.

This case concerns a Petition for Removal denied by the Workers' Compensation Appeals Board (WCAB). The applicant, Donna Nichols, sought removal of an order compelling her deposition, alleging defects and medical inability to attend. The WCAB adopted the Workers' Compensation Judge's (WCJ) report, which found the petition lacked merit. The WCJ reasoned that the deposition order was not a "walk-through" petition and that the applicant's medical evidence was insufficient to justify further delay.

Petition for RemovalWorkers' Compensation Appeals BoardWCJLabor Code section 5313Smales v. Workers' Comp. Appeals Bd.ADJ8241877depositionPetition to Compel Attendance at DepositionDeclaration of Readiness to Proceedwalk-through petition
References
1
Case No. ADJ1778187
Regular
Sep 02, 2008

DONNA WEBER vs. VICTOR VALLEY HOSPITAL, ALPHA FUND

The Appeals Board dismissed applicant’s petition for reconsideration and denied removal because the WCJ’s order was not a final order subject to reconsideration, and applicant did not establish significant prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAdministrative Law JudgeDiscoveryMandatory Settlement ConferenceLabor Code Section 5502Interlocutory OrdersFinal OrderQualified Medical Examiner
References
17
Case No. SBR 0334926 SBR 0335220
Regular
May 19, 2008

DONNA WEBER vs. VICTOR VALLEY HOSPITAL, ALPHA FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address issues regarding permanent disability and future medical treatment, deferring both for further proceedings. The WCAB rescinded the trial judge's order allowing the defendant an additional 60 days to offer modified work, holding that the applicant is entitled to a 15% increase in her permanent disability award due to the employer's failure to offer modified work within the statutory timeframe. The Board noted that the admissibility of treating physician and QME reports on permanent disability issues is governed by Labor Code section 4061(i).

Workers' Compensation Appeals BoardDonna WeberVictor Valley HospitalAlpha FundJoint Findings of Fact and AwardQualified Medical Evaluator (QME)Labor Code Section 4062.1Treating PhysicianPermanent DisabilityFuture Medical Treatment
References
0
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