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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

Lee v. Glessing

Plaintiff William Lee initiated a lawsuit against Charles Glessing and Palantine Nursing Home, alleging gender and disability discrimination under Title VII, ADA, and New York State Human Rights Law, along with claims of retaliation. Lee, a physical therapist, contended he endured sexual harassment from female co-workers and was wrongfully terminated due to his gender, a mental disability, and in response to his complaints. Defendants sought summary judgment, asserting non-discriminatory termination reasons, arguing Lee was an independent contractor, and disputing the existence of a hostile work environment. The court denied the defendants' motion for summary judgment, identifying unresolved factual disputes regarding the termination's true cause, Lee's employment status, and the claims of a hostile work environment and employer liability. Additionally, plaintiff's ADA claims were dismissed by stipulation of the parties.

Employment DiscriminationGender DiscriminationDisability DiscriminationSexual HarassmentHostile Work EnvironmentRetaliationSummary Judgment MotionTitle VIIAmericans with Disabilities Act (ADA)New York Human Rights Law
References
42
Case No. MISSING
Regular Panel Decision
Oct 24, 1990

Christiansen v. Silver Lake Contracting Corp.

Einar Christiansen and other plaintiffs appealed an order from the Supreme Court, Westchester County, which granted summary judgment to the defendants, Silver Lake Contracting Corp. and Anthony P. Abbondola, in a personal injury action. Christiansen was injured when struck by a truck owned by Silver Lake and operated by Abbondola. The Supreme Court initially dismissed the complaint, finding Abbondola immune under Workers’ Compensation Law due to common employment with Christiansen. The Appellate Division modified the order, affirming summary judgment for Abbondola but denying it for Silver Lake, allowing the case to proceed against Silver Lake based on potential independent negligence in equipping and maintaining the truck. The court also converted cross-claims into third-party complaints and severed the action against Silver Lake.

Personal InjurySummary JudgmentAppellate ReviewVicarious LiabilityIndependent NegligenceThird-Party ComplaintContribution and IndemnificationWorkers' Compensation ImmunityTruck AccidentEmployer Liability
References
12
Case No. Dkt.# 9
Regular Panel Decision

Lee v. Barnhart

Johnny Lee, acting pro se, sought judicial review under 42 U.S.C. § 405(g) and § 1383(c) of the Commissioner of Social Security's final decision that he was not disabled and thus ineligible for SSDI or SSI benefits. After an initial denial, a reversal and remand by the court, and a second hearing before ALJ John Costello which again denied benefits, Lee filed this action. The Commissioner moved for judgment on the pleadings, which the court granted. The court affirmed the Commissioner's decision, finding substantial evidence in the administrative record. The court concluded that Lee's subjective complaints of chronic back and knee pain were not supported by objective medical evidence from multiple physicians, and the ALJ's credibility findings were reasonable.

Social Security DisabilitySupplemental Security IncomeSSDIChronic Back PainKnee PainMedical EvidenceResidual Functional CapacitySedentary WorkCredibility DeterminationAdministrative Law Judge
References
3
Case No. MISSING
Regular Panel Decision
Jul 27, 2009

Lee v. Arnan Development Corp.

Plaintiff Anthony Lee, a cement truck operator, suffered knee injuries after falling due to soft ground and concrete debris while cleaning his truck at a facility operated by defendant Oneonta. Lee and his wife filed a negligence action against Oneonta. Oneonta sought summary judgment, arguing it was an alter ego of Lee's employer, making workers' compensation the exclusive remedy, and that it had no notice of a dangerous condition. The Supreme Court denied this motion. The appellate court affirmed the denial of summary judgment, concluding that Oneonta failed to demonstrate an alter ego relationship and did not prove it maintained a reasonably safe premises.

Workers' Compensation LawSummary JudgmentAlter Ego DoctrineNegligencePremises LiabilityDangerous ConditionAppellate ReviewEmployer LiabilityCorporate SeparatenessPersonal Injury
References
14
Case No. MISSING
Regular Panel Decision

Claim of Dow v. Silver Construction Corp.

Claimant applied for workers' compensation benefits in 2005, asserting lung disease caused by workplace exposure to asbestos while employed by Silver Construction Corporation in 1961. Silver alleged claimant was actually employed by its predecessor, Rizzi Associates. A Workers' Compensation Law Judge subsequently placed Rizzi on notice as a potential employer. On review, the Workers’ Compensation Board found insufficient evidence to place Rizzi on notice, removed them, and continued the case to resolve the employer-employee relationship. Silver appealed this interlocutory decision. The Appellate Division dismissed the appeal, ruling the Board's decision was interlocutory and not final, thus not appealable at this stage to avoid piecemeal review of the case's issues.

Workers' Compensation BoardInterlocutory DecisionEmployer LiabilityAsbestos DiseaseAppellate ProcedureDismissed AppealEmployer-Employee RelationshipNotice Requirement
References
5
Case No. STK 182176
Regular
Mar 07, 2008

ShAENA SOUTHARD vs. HALLMARK CARDS/ROYAL SUNALLIANCE, SARA LEE/BROADSPIRE

The Workers' Compensation Appeals Board denied Sara Lee's petition for reconsideration, affirming the WCJ's finding of cumulative injury sustained while working for Sara Lee. The Board relied on the Labor Code § 5402(b) presumption of compensability due to Sara Lee's failure to deny the claim within 90 days of receiving the DWC-1 form. Additionally, the Board found the medical opinion of Dr. Feinberg, which attributed a portion of the injury to Sara Lee's employment, to be credible and substantial evidence.

WCABPetition for ReconsiderationCumulative InjurySara LeeHallmark CardsLabor Code § 5402(b)Presumption of CompensabilityAgreed Medical EvaluatorQualified Medical EvaluatorDr. Steven D. Feinberg
References
10
Case No. MISSING
Regular Panel Decision

Lee v. ABC Carpet & Home

Plaintiff Richard Lee sued ABC Carpet & Home, Jerry Weinrib, and Paul Chapman for back wages under the Fair Labor Standards Act (FLSA) and New York Labor Law, asserting he was an employee. Defendants sought summary judgment, contending Lee was an independent contractor. The court employed the five-factor 'Economic Reality Test' to determine employment status. Significant factual disputes emerged concerning employer control, Lee's potential for profit or loss, the required skill for the work, the permanence of the working relationship, and whether carpet installation was an integral part of ABC's business. Given these unresolved material facts, the court denied the Defendants' motion for summary judgment.

Fair Labor Standards ActNew York Labor LawEmployee ClassificationIndependent ContractorSummary Judgment MotionEconomic Reality TestWage DisputesEmployment LawCarpet InstallersEmployer Control
References
24
Case No. ADJ1370526 (LBO 0201100) MF ADJ1113744 (LBO 0201101)
Regular
May 09, 2014

GYSO JOHNSON vs. COUNTY OF LOS ANGELES/DEPARTMENT OF SOCIAL SERVICES

This case involves a lien claimant, Dr. David Silver, M.D., seeking additional payment for medical services provided to applicant Gyso Johnson, claiming the defendant, County of Los Angeles, inadequately compensated him. The Workers' Compensation Appeals Board denied Dr. Silver's petition for reconsideration and sanctions. The Board affirmed the finding that Dr. Silver was adequately compensated, finding the defendant's expert witness was qualified and that Dr. Silver failed to meet his burden of proof for additional fees. The Board also found no merit to the fraud allegations or grounds for imposing sanctions against the defendant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOfficial Medical Fee ScheduleExpert Witness QualificationsEvidence Code Section 720Bill Reviewer TrainingDowncodingCPT Code 99080CPT Code 99081
References
2
Case No. ADJ2954451 LAO 0821020
Regular
Jul 22, 2013

GABRIELA HERNANDEZ vs. SAC INTERNATIONAL, HARBOR SPECIALTY INSURANCE COMPANY, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves Dr. David Silver's petition for reconsideration of a WCAB decision denying his lien claim for medical treatment and costs. The WCJ previously found the applicant did not sustain industrial injury of fibromyalgia or headaches and that Dr. Silver's treatment was not reasonable or necessary. Dr. Silver contended the WCJ erred by not considering agreed medical examiner reports and by denying his costs. The Board denied reconsideration, finding Dr. Silver failed to meet his burden of proof by not properly introducing AME reports and that his own reports were not uncontroverted. The Board also upheld the denial of costs, noting defendant did not receive notice of the hearing on that issue.

Workers' Compensation Appeals BoardFindings and OrderPetition for ReconsiderationAgreed Medical ExaminersWCJ ReportBurden of ProofPreponderance of the EvidenceLien ClaimantPre-Trial Conference StatementMedical Treatment
References
0
Case No. ADJ1302099 VNO 0428414 ADJ2831520 VNO 0428415 ADJ1428493 VNO 0435244
Regular
Nov 16, 2012

NAVIDAD LOPEZ vs. SUPERBA, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the amount allowed for Dr. Silver's medical treatment lien. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the administrative law judge's (WCJ) decision that allowed $1,439.82 of the lien. Dr. Silver argued for payment at his usual and customary charges, not the Official Medical Fee Schedule (OMFS) rates, and requested penalties and interest. The WCAB affirmed the WCJ's decision, finding that Dr. Silver waived his right to contest the OMFS application by failing to object to an independent bill review or cross-examine the reviewer. Therefore, the WCAB amended the award to rescind the award of interest, but otherwise affirmed the $1,439.82 payment to Dr. Silver.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationOfficial Medical Fee ScheduleCompromise and ReleaseBill ReviewIndependent Bill Review ExpertSubstantial EvidenceStatutory PenaltyLabor Code
References
4
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