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

Case No. CA 10-02273
Regular Panel Decision
Oct 07, 2011

MAZURETT, JUAN v. ROCHESTER CITY SCHOOL DISTRICT

The plaintiffs, Juan Mazurett and Theresa Mazurett, commenced a Labor Law and common-law negligence action against the Rochester City School District after Juan Mazurett was injured in a fall from a collapsing scaffold at a construction site. The accident occurred while he was attempting to climb the scaffold provided by his employer, the general contractor. The Supreme Court granted the plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1) and partially denied the defendant's cross motion for summary judgment. The Appellate Division affirmed the Supreme Court's order, concluding that the plaintiffs established a prima facie violation of Labor Law § 240 (1) due to the scaffold's collapse. The court rejected the defendant's argument that the plaintiff's conduct was the sole proximate cause of the accident, finding no evidence that the plaintiff refused to use available safety devices.

Personal InjuryScaffold AccidentLabor Law ViolationConstruction Site SafetyProximate CauseSummary Judgment MotionAppellate ReviewWorker SafetyStatutory DutyNew York Law
References
11
Case No. CV-24-0601
Regular Panel Decision
Oct 02, 2025

In the Matter of the Claim of Juan Duta-Zumba

In July 2022, claimant Juan Duta-Zumba filed a workers' compensation claim for injuries sustained in a ladder fall while working for Level 5 Carpentry. The employer and its carrier, Urban Atelier Group, LLC and SiriusPoint America Insurance, controverted the claim, disputing employment. A Workers' Compensation Law Judge (WCLJ) credited claimant's testimony, establishing Level 5 Carpentry as the employer and confirming work-related injuries. The Workers' Compensation Board affirmed this decision. The carrier appealed, contending the accident was unwitnessed and their due process rights were violated. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported the Board's findings regarding the accident and injuries, and that the carrier received adequate due process.

Workers' CompensationLadder FallWork-Related InjuryCredibility DeterminationDue ProcessStatutory PresumptionAppellate ReviewEmployment DisputeMedical EvidenceThird Judicial Department
References
14
Case No. CV-23-1830
Regular Panel Decision
Nov 14, 2024

In the Matter of the Claim of Cesar Arce

Cesar Arce filed a claim for workers' compensation benefits alleging injuries to his head, neck, back, left shoulder, and both knees sustained during sheetrock installation for Schear Construction, LLC. Initially, a Workers' Compensation Law Judge disallowed the claim due to inconsistencies between claimant's testimony and statements in a third-party action complaint. However, the Workers' Compensation Board reversed this decision, establishing the claim, which led to an appeal by the employer's carrier. The Appellate Division affirmed the Board's decision, emphasizing that the Board is the sole judge of witness credibility and that its determination, supported by substantial evidence, would not be disturbed on appeal. The court found that the Board properly considered and credited the claimant's hearing testimony, which was consistent with his coworker's account and medical reports.

Workers' Compensation ClaimCausationInjury ClaimsCredibility AssessmentAppellate ReviewSubstantial Evidence StandardBoard Decision AffirmationEmployment InjuryClaimant TestimonyInconsistent Accounts
References
11
Case No. 533094
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Juan Bidot

Juan A. Bidot, a probation officer, filed an occupational disease claim for workers' compensation benefits, alleging he developed posttraumatic stress disorder, anxiety, and depression due to prolonged exposure to sex offenders. Initially, a Workers' Compensation Law Judge established the claim. However, the Workers' Compensation Board reversed this decision, disallowing the claim because Bidot failed to demonstrate that his psychological stress was greater than that experienced by similarly situated officers. Bidot appealed the Board's denial of his request for reconsideration and/or full Board review. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as Bidot failed to present newly discovered evidence or a material change in condition.

Occupational DiseasePosttraumatic Stress DisorderPTSDMental HealthWorkers' Compensation ClaimAppellate ReviewJudicial DiscretionReconsideration ApplicationBoard ReviewProbation Officer
References
9
Case No. 532061
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Juan Abad

Claimant Juan Abad, a general employee of Vanety's Service, LLC and special employee of ACME Furniture, sustained injuries from a fall and filed for workers' compensation benefits. Initially, a Workers' Compensation Law Judge found Vanety's 100% liable. The Workers' Compensation Board later modified this decision, establishing a general/special employment relationship and equally apportioning liability between Vanety's and ACME. ACME appealed, contesting the apportionment and alleging a denial of due process. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding the apportionment to be within the Board's discretion and the due process claim to be unsubstantiated by the record.

Workers' Compensation BenefitsGeneral/Special EmploymentLiability ApportionmentStaffing AgencyAppellate DivisionDue ProcessBoard Decision ModificationCarrier AppealInjuryLadder Fall
References
6
Case No. MISSING
Regular Panel Decision
Sep 29, 1999

Faele v. New York City Health & Hospitals Corp.

Plaintiff Rosemary Faele, a nurse at Coney Island Hospital, sustained an eye irritation and received brief examinations from defendants Dr. Barry Eppinger and Dr. An-nan Das in the hospital's emergency room. Her condition worsened, and she was later diagnosed with a severe eye infection by a private ophthalmologist. Though compensated via Workers' Compensation, Faele and her husband initiated a medical malpractice action against the doctors and the New York City Health and Hospitals Corporation. The Supreme Court dismissed the complaint by granting summary judgment to the defendants. The appellate court affirmed this decision, ruling that a sufficient nexus existed between Faele's employment and the alleged malpractice, thereby precluding a common-law malpractice claim and limiting her recourse to Workers' Compensation.

Medical MalpracticeWorkers' Compensation PreclusionSummary Judgment AffirmationEmployment-Related InjuryHospital LiabilityEmergency Medical TreatmentAppellate Division DecisionPersonal InjuryDoctor-Patient NexusConey Island Hospital
References
4
Case No. SBA 077861, SBA 083526, SBA 083527
Regular
Jul 15, 2008

JUAN GUTIERREZ vs. SANTA BARBARA SCHOOL DISTRICT, CIGA on behalf of FREMONT INDEMNITY INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) is reconsidering multiple injury claims for Juan Gutierrez against Santa Barbara School District. The WCAB is deferring a final decision on permanent disability awards and attorney fees pending the outcome of a related Court of Appeal case, *Benson*, which could impact how multiple injuries are combined. The Board has amended one finding to correct the list of injured body parts in a cumulative injury claim and affirmed that Dr. Reynolds' medical opinions constitute substantial evidence regarding chronic pain and apportionment.

CIGAindustrial injuriespsyche injurychronic pain syndromepermanent disabilityreconsiderationBenson v. Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.City of Santa Clara v. Workers' Comp. Appeals Bd. (Navarette)substantial evidence
References
6
Case No. ADJ11080934
Regular
Oct 28, 2025

JUAN MARTINEZ vs. CREAM OF THE CROP AG SERVICE, INC.; CA FARM MANAGEMENT, INC.

The applicant, Juan Martinez, sought reconsideration of a prior decision that reversed a Workers' Compensation Administrative Law Judge's (WCJ) order imposing sanctions against the defendant for alleged frivolous tactics. The Appeals Board originally found insufficient evidence of bad-faith conduct by the defendant, Cream of the Crop AG Service, Inc. and CA Farm Management, Inc. In this petition, the applicant sought clarification on the standard of review and claimed certain issues were not addressed. The Board denied the applicant's petition, reiterating its finding that the defendant's actions did not constitute bad-faith litigation tactics under Labor Code section 5813, and confirmed that the responsibility for pursuing discovery, such as a neuropsychological evaluation recommended by Dr. Bhatia in 2018, did not rest solely on the defendant.

WCABPetition for ReconsiderationLabor Code Section 5813SanctionsAttorneys' FeesFrivolous TacticsBad Faith ConductNeuropsychology EvaluationAdditional PanelsReconsideration Proceedings
References
13
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
Mar 24, 1987

Vega v. Bowen

This pro se action, brought under Section 205(g) of the Social Security Act, reviews a final determination by the Secretary of Health and Human Services to deny the plaintiff's application for disability insurance benefits and Supplemental Security Income (SSI). The plaintiff, a 27-year-old male with a history of schizophrenia, contested the Administrative Law Judge's finding that he was not under a disability. Multiple medical examinations by Dr. Juan Fiko, Mr. Paul Anderson, Dr. Kaufman, Dr. Caccavali, and Dr. Annaliese Pontius presented varying findings regarding the severity of the plaintiff's condition and the presence of disabling symptoms like hallucinations or delusions. The court noted conflicts in medical evidence, particularly from the treating physician, Dr. Caccavali, whose initial and supplemental reports offered contrasting views. Ultimately, the District Court found the Secretary's resolution of these conflicts reasonable and concluded that the decision to deny benefits was supported by substantial evidence, thus granting the Secretary's motion.

Social Security ActDisability BenefitsSupplemental Security Income (SSI)Schizophrenia Paranoid TypeMedical Evidence ReviewTreating Physician RuleSubstantial EvidenceAdministrative Law Judge (ALJ)Appeals Council DecisionPsychiatric Examination
References
5
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