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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

Claim of Moysello v. David

The claimant, a taxicab driver for David’s Taxi and David Enterprises, was injured in a motor vehicle accident in January 2007. An investigation by the Workers’ Compensation Board determined that Charles David and David Enterprises were the uninsured "true owners" and employers. A workers’ compensation law judge found them to be employers and uninsured, a decision affirmed by the Board, which found they met the presumptive definition of employer under Workers’ Compensation Law § 2 (former [3]) and had proper jurisdiction. The appellate court affirmed the Board’s decision, concluding it was supported by substantial evidence and that proper notice of the hearing was received despite competing address claims.

Motor Vehicle AccidentTaxicab DriverEmployer DefinitionUninsured EmployerWorkers' Compensation LawNotice of HearingBoard ReviewAppellate DecisionSubstantial EvidenceCorporate Ownership
References
1
Case No. MISSING
Regular Panel Decision

Johnson v. New York Hospital

Plaintiff, a registered nurse, filed an action under Section 504 of the Rehabilitation Act against The New York Hospital, its President Dr. David Skinner, and Assistant Director of Nursing Mr. Jody Sklar, alleging unlawful employment termination due to an alcoholism relapse. The plaintiff objected to a protective order preventing Dr. Skinner's deposition, while defendants sought to dismiss claims against individual defendants. The court granted dismissal against Mr. Sklar but denied it for Dr. Skinner, finding that individuals responsible for discriminatory decisions can be liable under the Act, especially those in positions to accept federal funds. Consequently, the protective order against deposing Dr. Skinner was set aside.

Rehabilitation Actemployment discriminationdisability rightsalcoholismindividual liabilitycorporate responsibilityprotective orderdiscoverymotion to dismiss
References
9
Case No. MISSING
Regular Panel Decision
Jan 22, 2010

Morris v. David Lerner Associates

Dora Morris sued her former employer, David Lerner Associates (DLA), and its President, David Lerner, for employment discrimination. She alleged gender discrimination due to unequal pay and a hostile work environment, claiming she was paid less than male counterparts and subjected to inappropriate comments and actions by Lerner. Morris also alleged retaliatory termination after complaining about the pay disparity. Defendants moved to dismiss parts of the complaint, arguing failure to exhaust administrative remedies and failure to state a claim. The Court denied the defendants' motion, finding that Morris's hostile work environment and retaliatory termination claims were reasonably related to her EEOC charge and were adequately pled under legal standards.

Employment DiscriminationGender DiscriminationHostile Work EnvironmentRetaliationMotion to DismissEEOC ExhaustionPleading StandardTitle VIINew York State Human Rights LawDisparate Treatment
References
56
Case No. MISSING
Regular Panel Decision

In re David J.

This dissenting opinion argues against the Family Court's decision to return Candice, Christine, and David to their parents, Roslyn K. and Steven K., after the petitioner charged the parents with neglect. The parents previously fled the state with the children, violating a court order. The dissent cites medical neglect of the daughters, alleged physical abuse and extreme isolation of David by his stepfather, and the mother's refusal to send David to school. The dissenting judge concludes that the parents' non-compliance and bizarre behavior create an imminent risk to the children's well-being, advocating for continued foster care.

Child neglectParental non-complianceChild welfareFamily Court proceedingsChild abuse allegationsMedical care refusalEducational neglectDissenting opinionBest interests of childTemporary removal order
References
9
Case No. 2021 NY Slip Op 02784 [194 AD3d 691]
Regular Panel Decision
May 05, 2021

David v. David

The infant plaintiff was injured in an automobile accident. The plaintiffs sought approval for a settlement, but Horizon Blue Cross Blue Shield of New Jersey, the administrator of the infant plaintiff's mother's self-funded employee benefit plan, asserted a subrogation lien for medical expenses. The Supreme Court denied the lien, citing New York's anti-subrogation statute, General Obligations Law § 5-335. On appeal, the Appellate Division reversed, holding that the self-funded plan was governed by ERISA, which preempts the state anti-subrogation statute. Consequently, the subrogation lien was deemed enforceable against the settlement proceeds.

ERISA PreemptionSubrogation LienSelf-Funded Employee BenefitsPersonal Injury SettlementAnti-Subrogation StatuteAppellate DivisionInfant CompromiseAutomobile AccidentReimbursement ClaimsNew York Law
References
5
Case No. ADJ12305682
Regular
Apr 14, 2023

DAVID REED vs. CSR MANAGEMENT SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves CSR Management Services and their insurer seeking reconsideration of a $71\%$ permanent disability award for David Reed. The defendants argued that the qualified medical evaluator, Dr. Brophy, did not sufficiently explain the applicant's scarring impairment. The Workers' Compensation Appeals Board denied the petition, finding Dr. Brophy adequately explained the scarring impairments as Class 1 under the AMA Guides. The Board noted that defendants could have sought further clarification from the evaluator.

CSR Management ServicesState Compensation Insurance FundADJ12305682Petition for ReconsiderationAmended Findings of FactAward and Orderconstruction laborerindustrial injuryupper extremitiesback
References
2
Case No. ADJ11980835
Regular
Apr 28, 2023

DAVID ROLDAN vs. RALPHS GROCERY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision that denied applicant David Roldan's claim for lumbar spine, rib, and right knee injuries. The WCAB found that there was a dispute regarding whether the injuries arose out of and in the course of employment (AOE/COE), with conflicting medical opinions from Dr. Arnush and Dr. Haronian. Consequently, the case was returned to the Workers' Compensation Judge for further proceedings, including a potential medical-legal evaluation, to determine compensability.

AOE/COEPetition for ReconsiderationFindings and OrderWCJsubstantial evidenceDr. ArnushDr. Haronianadmitted injuryprimary treating physicianmedical-legal evaluation
References
0
Case No. MISSING
Regular Panel Decision
Oct 02, 2001

In re David M-H.

The case concerns an appeal by a mother from an Orange County Family Court order dated October 2, 2001. The order committed the guardianship and custody of her child, David M-H, to the Orange County Department of Social Services for adoption by foster parents, following an adjudication of permanent neglect. The Appellate Division affirmed the order, reiterating that parental rights can be terminated based on clear and convincing proof of permanent neglect. The court found that the petitioner, the Orange County Department of Social Services, demonstrated the mother's failure to plan for the child's return and disregard of agency orders despite diligent efforts, making termination in the child's best interests. Additionally, the court ruled that a caseworker's hearsay testimony was properly admitted at the dispositional hearing, being material and relevant to whether the mother violated a prior court order.

Parental Rights TerminationPermanent NeglectFamily Court ActSocial Services LawCustody and GuardianshipAdoptionAppellate ReviewClear and Convincing EvidenceDiligent EffortsHearsay Admissibility
References
2
Case No. MISSING
Regular Panel Decision
Jul 16, 1979

In re David R.

The New York City Department of Social Services petitioned for approval to transfer the custody of David R. under a 'Voluntary Placement Agreement' signed by the maternal grandmother. The child was under two months old and hospitalized at the time. The court evaluated the validity of the agreement, questioning if the maternal grandmother had the right or understanding to place the child, particularly due to a language barrier as she only spoke Spanish and no interpreter was provided during the signing. The court found no binding contract existed, citing the grandmother's lack of authority to place the child, the language problem, and deliberate misrepresentation by the department. Furthermore, the court found that the placement was not in the child's best interests, as the department failed to contact the parents before accepting placement. Consequently, the petition was dismissed, and the child was to be returned to the parents.

Child CustodyVoluntary Placement AgreementSocial Services LawContract ValidityLanguage BarrierDue ProcessParental RightsMaternal GrandmotherFamily Court JurisdictionBest Interests of the Child
References
11
Case No. MISSING
Regular Panel Decision

Bautista v. David Frankel Realty, Inc.

This dissenting opinion addresses the legal concept of "special employment" under Workers’ Compensation Law. The plaintiff, a building porter, sustained an on-the-job injury, received workers' compensation, and subsequently filed a lawsuit against David Frankel Realty, Inc. (DFR), the building's managing agent. The core legal question is whether DFR should be considered the plaintiff's "special employer," which would legally preclude the plaintiff's lawsuit. The dissent argues that the evidence conclusively demonstrates DFR's status as a special employer, particularly through its control over the building superintendent, who directly supervised the plaintiff. Criticizing the majority's deviation from established precedents, the dissent advocates for the affirmation of the Supreme Court's grant of summary judgment, which would dismiss the complaint against DFR.

special employmentworkers' compensationmanaging agentbuilding staffgeneral employercontrolsupervisionsummary judgmentliabilityNew York law
References
15
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