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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

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
Case No. CA 15-00506
Regular Panel Decision
Jun 17, 2016

PEARSON, JASON v. WALLACE, JEREMY

Plaintiff Jason Pearson, an employee, sustained injuries at a construction site due to a falling incident involving a ladder and a concrete truck chute. He moved for partial summary judgment on liability against the general contractor, LeCesse Construction Services, LLC, and the property owner, Geneva General Hospital, under Labor Law § 240 (1). The Supreme Court denied his motion, and Pearson appealed. The Appellate Division affirmed the denial, ruling that while Pearson initially met his burden, the defendants and third-party defendants successfully raised triable issues of fact regarding the accident's proximate cause and the plaintiff's potential sole proximate cause through disregard of safety directives.

Construction AccidentLabor Law 240(1)Summary JudgmentLadder AccidentProximate CauseContributory NegligenceWorkplace SafetyGeneral Contractor LiabilityProperty Owner LiabilitySubcontractor Liability
References
8
Case No. MISSING
Regular Panel Decision

Patterson-Stevens, Inc. v. International Union of Operating Engineers Local Union No. 17

Patterson-Stevens (plaintiff) sought to vacate a July 24, 1995 judgment and amend its complaint against Local 17 (defendant). The original complaint sought an injunction to prevent arbitration of a grievance initiated by Local 17, which Patterson argued was untimely under a six-month statute of limitations. The court initially dismissed the case, lacking jurisdiction to issue an injunction. Patterson-Stevens then moved to vacate, arguing the complaint implicitly stated a claim for declaratory judgment. The court denied the motion, finding no clear error of law or manifest injustice in its prior decision. Furthermore, the proposed amendment for declaratory relief was deemed futile, as there was no legal precedent supporting a statute of limitations for grievance submission, unlike federal court actions.

Collective Bargaining AgreementGrievance ArbitrationStatute of LimitationsFederal JurisdictionInjunctive ReliefDeclaratory JudgmentMotion to Vacate JudgmentMotion to Amend ComplaintFederal Rules of Civil ProcedureNational Labor Relations Act
References
6
Case No. ADJ226519 (SDO 0302236) ADJ488924 (SDO 0329999)
Regular
May 23, 2011

Craig Stevens vs. PACIFIC BELL TELEPHONE COMPANY

In this Workers' Compensation Appeals Board case, the applicant, Craig Stevens, sought removal of an order continuing his case to a mandatory settlement conference. Stevens contended entitlement to temporary disability and spinal surgery, and alleged ex parte communication with the Agreed Medical Evaluator (AME), Dr. Harvey Wieseltier, necessitating his disqualification. The Appeals Board denied the Petition for Removal, adopting the WCJ's report and noting the petition was not correctly verified. The underlying issues of medical treatment and temporary disability remain for future proceedings.

Petition for RemovalExpedited HearingMandatory Settlement ConferenceTemporary Disability IndemnitySpinal SurgeryAgreed Medical EvaluatorDisqualificationEx Parte CommunicationLine InstallerIndustrial Injuries
References
0
Case No. ADJ12511510
Regular
May 02, 2025

STEVEN TOFANELLI vs. SECURITY CONTRACTOR SERVICES INC.; TRAVELERS SACRAMENTO

Defendant, Security Contractor Services Inc. and Travelers Sacramento, sought reconsideration of a Findings and Award which found that applicant Steven Tofanelli sustained a right ear injury causing 43% permanent disability without apportionment. Defendant contended the Workers' Compensation Administrative Law Judge (WCJ) erred by not finding apportionment, arguing that Dr. Ronald Ward's medical opinion constituted substantial evidence. The Appeals Board granted the petition for reconsideration, concluding that Dr. Ward's opinion on apportionment lacked substantial medical evidence as it failed to adequately explain how or why 98% of the applicant's total hearing loss was due to congenital factors versus the industrial head injury, and did not properly distinguish between apportionment of causation and disability. A final decision after reconsideration has been deferred pending further review.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardApportionmentSubstantial Medical EvidenceRonald Ward M.D.Permanent DisabilityLabor Code Section 5909Electronic Adjudication Management System (EAMS)Opinion on Decision
References
21
Case No. 2020 NY Slip Op 06534
Regular Panel Decision
Nov 12, 2020

Matter of Stevens v. Carey

The father, Robert Stevens, appealed from an order of the Family Court, Putnam County, entered August 23, 2019, which dismissed his petition to modify a prior order of custody and parental access. The Family Court had dismissed the petition without prejudice, awaiting a comprehensive substance abuse evaluation from the father. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the father failed to demonstrate a sufficient change in circumstances to warrant a modification of the parental access arrangements and had not addressed his substance abuse and mental health issues.

Custody ModificationParental AccessFamily Court AppealSubstance Abuse EvaluationChange in CircumstancesBest Interests of the ChildAppellate DivisionDismissal Without PrejudiceChild Custody
References
8
Case No. 2007 NY Slip Op 27117
Regular Panel Decision
Mar 16, 2007

Matter of Frances W. v. Steven M.

Petitioner Frances W. sought child support from respondent Steven M. for her niece, Melissa M. The court denied the application, affirming prior findings by a Referee and another Judge that Ms. W. had improperly brainwashed Melissa into falsely believing her father sexually abused her, thereby destroying their relationship. The court applied the doctrine of collateral estoppel and cited Matter of Orange County Dept. of Social Servs. v Meehan, concluding that Ms. W. forfeited her right to child support due to her egregious conduct. The decision emphasized that Ms. W. should not profit from her own wrongdoing, but clarified that Melissa M. retains the right to file her own support or enforcement petition against her father.

Child SupportParental AlienationCollateral EstoppelFamily LawChild Abuse AllegationsCustody DisputeVisitation InterferenceJudicial DiscretionForensic PsychologyChild Welfare
References
19
Case No. 2018 NY Slip Op 01560 [159 AD3d 480]
Regular Panel Decision
Mar 08, 2018

Gomes v. Pearson Capital Partners LLC

The Appellate Division, First Department, affirmed an order granting plaintiff Atley Gomes partial summary judgment on liability under Labor Law § 240 (1) for a December 24, 2012 accident. The court found that the scaffold lacked required safety features (railings, toe boards, cross-bracing, and tie-off points), establishing a statutory violation and proximate cause for plaintiff's fall. The court also affirmed the denial of defendants Pearson Capital Partners LLC and Congress Builders LLC's cross-motion for summary judgment dismissing the Labor Law § 241 (6) claim, specifically with respect to Industrial Code (12 NYCRR) § 23-5.1 (j), citing unresolved issues of fact regarding the scaffold's height. Additionally, the court declined to consider the defendants' hearsay exception arguments as they were raised for the first time on appeal.

Labor LawScaffold SafetySummary JudgmentProximate CauseAppellate ReviewHearsay ExceptionIndustrial CodeConstruction AccidentPersonal InjuryWorker Safety
References
8
Case No. 532577
Regular Panel Decision
Feb 10, 2022

In the Matter of the Claim of Steven Coll

Claimant Steven Coll sustained neck and left shoulder injuries in a 2016 work accident and received temporary partial disability benefits. He subsequently took a light-duty job as a school security officer but was laid off on June 30, 2020, due to the COVID-19 pandemic. A Workers' Compensation Law Judge and the Workers' Compensation Board ruled that Coll was not entitled to reduced earnings awards after this date because his job loss was unrelated to his work-related disability. The Appellate Division affirmed, finding substantial evidence supported the Board's determination that Coll's unemployment was voluntary for workers' compensation purposes, as his disability did not cause or contribute to his separation from employment. The Court noted that his remedy would be unemployment insurance benefits.

Reduced Earnings AwardsVoluntary UnemploymentLabor Market WithdrawalCOVID-19 Impact on EmploymentWork-Related DisabilityCausation of UnemploymentWorkers' Compensation Board DecisionAppellate Division ReviewSubstantial Evidence StandardLight-Duty Employment
References
7
Case No. MISSING
Regular Panel Decision
Oct 16, 2008

Matter of Claim of Pearson v. Bestcare

The case involves a motion for reargument of a motion for leave to appeal filed by Yvonne Pearson against Bestcare and the Workers' Compensation Board. The Court of Appeals of the State of New York denied the motion for reargument. This decision was reported below at 48 AD3d 862, and the original motion for leave to appeal was noted at 10 NY3d 715 (2008).

Workers' Compensation ClaimMotion PracticeLeave to AppealAppellate ReviewReargument DeniedCourt of Appeals DecisionClaimantRespondentProcedural Ruling
References
3
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