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

Case No. ADJ4332905 (SAL 0109881)
Regular
Jan 20, 2016

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

California Physicians Network (CPN) and its representative, Dennise Mejia, were sanctioned $2,500.00 jointly and severally for filing a frivolous and untimely petition for reconsideration that lacked proper verification and contained erroneous facts. The Board dismissed their reconsideration request because it did not challenge a final order and was procedurally deficient. CPN and Mejia failed to respond to the Board's notice of intent to impose sanctions. The defendant's claim for additional trial-level costs and attorney's fees was deferred to the workers' compensation administrative law judge for initial determination.

ADJ4332905SAL 0109881Opinion and Decision After RemovalSanctionCalifornia Physicians NetworkDennise MejiaLien ClaimantLabor Code section 5813(a)Appeals Board Rule 10561Frivolous
References
6
Case No. MISSING
Regular Panel Decision

Tagare v. NYNEX Network Systems Co.

Plaintiff Neil Tagare filed an action against NYNEX entities and several individuals, alleging discrimination based on color and national origin, retaliation under Title VII and the New York Human Rights Law, and breach of contract. Defendants moved to dismiss the complaint on various grounds, including Rule 17(a) regarding real party in interest and ripeness for the contract claim, and the applicability of Title VII and HRL to individual defendants. The court denied dismissal for breach of contract against NYNEX Network Systems Company and upheld HRL claims against individual defendants based on aiding and abetting. The court granted dismissal of Title VII claims against individual defendants and partially granted dismissal of the breach of contract claim against other defendants, while denying the motion for a more definite statement.

Employment DiscriminationNational Origin DiscriminationColor DiscriminationRetaliationBreach of ContractMotion to DismissTitle VIINew York Human Rights LawFederal Rules of Civil ProcedureIndividual Liability
References
31
Case No. ADJ9145724
Regular
Jun 01, 2015

ARZAGA, JOSE vs. CROWN AUTOMOTIVE, INC., AMTRUST NORTH AMERICA

This case involves an applicant seeking to select a pain management specialist outside his employer's Medical Provider Network (MPN). The applicant argued the MPN failed to provide a qualifying specialist within the required 15-mile/30-minute access standard for a primary treating physician. The Board denied the employer's petition for reconsideration, affirming the applicant's right to choose an out-of-network physician and reimbursement for investigative costs. The majority reasoned that the MPN must meet the closer access standard for a primary treating physician, even if that physician is a specialist. A dissenting opinion argued that a specialist, when chosen as a primary treating physician, should fall under the 30-mile/60-minute access standard for specialists.

Medical Provider NetworkMPNprimary treating physicianpain management specialistaccess standardAdministrative Director's Rule 9767.5investigative costsLabor Code section 5703Lescallett v. Wal-MartMartinez v. New French Bakery
References
2
Case No. ADJ8331259
Regular
Dec 21, 2012

MARIELA GOMEZ vs. PROVIDENCE FARMS, LLC, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the WCJ's report, emphasizing that the defendant's failure to properly notify the applicant about changing treating physicians within the Medical Provider Network (MPN) resulted in a denial of necessary medical treatment. This failure to inform the applicant of her rights, particularly regarding physician selection and dispute resolution processes within the MPN, constituted a neglect or refusal to provide reasonable medical treatment, as established by precedent. Consequently, the applicant was permitted to continue receiving treatment outside the MPN until she could begin care with a designated physician within the network.

Workers' Compensation Appeals BoardProvidence FarmsLLCZenith Insurance CompanyMariela GomezADJ8331259Order Denying ReconsiderationPetition for ReconsiderationMedical TreatmentMedical Provider Network
References
2
Case No. 2025 NY Slip Op 04031 [240 AD3d 537]
Regular Panel Decision
Jul 02, 2025

Rosario v. Horizon Networks, Inc.

Jose L. Rosario, an employee of Paragon Technology Group, Inc., suffered injuries after falling from an unsecured A-frame ladder while installing security cameras on property owned by Horizon Networks, Inc., and leased by Cara Mia Restaurant, Inc. Rosario and his wife filed a consolidated action alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court denied Rosario's summary judgment motion on Labor Law § 240 (1) and granted Horizon's motion to dismiss the Labor Law § 241 (6) claim. On appeal, the Appellate Division modified the order, denying Horizon's motion to dismiss the Labor Law § 241 (6) claim, finding triable issues of fact concerning the accident's cause and potential Labor Law violations. The court also affirmed the denial of common-law indemnification for Horizon against Paragon, citing unresolved factual issues regarding supervision.

A-frame ladderfall from heightLabor Law § 240(1)Labor Law § 241(6)Industrial Code 12 NYCRR 23-1.21(e)(3)summary judgmentcommon-law indemnificationtriable issues of factAppellate Divisionpremises liability
References
16
Case No. 2010 NY Slip Op 30507(U)
Regular Panel Decision

LaRosa v. Internap Network Services Corp.

The case involves an action for personal injuries brought by Joseph S. LaRosa, Jr., and his wife against multiple defendants, including Internap Network Services Corp., Paetec Communications, Inc., and 111 Chelsea, LLC. The plaintiff was injured while lifting electrical equipment on a loading dock, leading to claims under Labor Law §§ 200, 240(1), 241(6), and common-law negligence. The Supreme Court initially dismissed the Labor Law §§ 240(1) and 241(6) claims but denied summary judgment for defendants on Labor Law § 200 and common-law negligence. On appeal, the court modified the order, granting summary judgment to all defendants on the Labor Law § 200 and common-law negligence claims, thereby dismissing the action entirely. The court also found the owner, 111 Chelsea, LLC, was entitled to contractual indemnification from Sprint Communications Company, L.P. and Paetec Communications, Inc., remitting the matter for a hearing on damages for these cross-claims.

Personal InjuryLabor LawSummary JudgmentCommon-Law NegligenceContractual IndemnificationAppellate ReviewConstruction SafetyLoading Dock AccidentMeans and Methods DoctrineElevation Related Risk
References
16
Case No. 533089
Regular Panel Decision
Oct 07, 2021

Matter of Barden v. General Physicians PC

Claimant, a patient services representative, sought to amend her workers' compensation claim to include left shoulder aggravation after a work-related injury to her right shoulder. The Workers' Compensation Board disallowed this request, finding that claimant failed to provide sufficient credible medical evidence to establish a causal relationship between her employment and the left shoulder condition. The Appellate Division, Third Department, affirmed the Board's decision. The court noted that the claimant's treating physician opined the left shoulder pathology was largely preexisting and unrelated to the work injury, and other medical opinions either lacked sufficient weight or were based on inaccurate information, providing no basis to disturb the Board's finding.

Workers' CompensationShoulder InjuryCausationMedical EvidencePreexisting ConditionAppellate ReviewBoard DecisionClaim AmendmentPatient Services Representative
References
10
Case No. 2018 NY Slip Op 00210 [157 AD3d 1093]
Regular Panel Decision
Jan 11, 2018

Matter of Minefee (United Stas. Radio Networks, Inc.--Commissioner of Labor)

This case concerns Delance Minefee's claim for unemployment insurance benefits. The Unemployment Insurance Appeal Board determined that United Stations Radio Networks, Inc. was liable for contributions, ruling that 'callers' were statutory employees under Labor Law § 511 (1) (b) (1-a) as persons engaged in the performing arts. The Appellate Division, Third Department, reversed this decision. The court found the Board's interpretation of the statute irrational, clarifying that the individual's services, not the overall artistic endeavor, must require artistic or technical skill. As the callers' services lacked such skill, the statutory presumption of employment was not met. The matter was remitted to the Board to assess whether a common-law employer-employee relationship existed.

Unemployment InsuranceEmployer-Employee RelationshipPerforming ArtsStatutory EmployeeLabor Law InterpretationAppellate DivisionReversed and RemittedRadio BroadcastingArtistic SkillTechnical Skill
References
2
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. MISSING
Regular Panel Decision

Allen v. Telergy Network Services, Inc.

Plaintiff Luc D. Allen, an employee of Marais Trenching, Inc., was seriously injured while repairing a trenching machine on a fiber optic cable project. He and his wife filed an action against Telergy Network Services, Inc. (owner) and Mastec North America, Inc. d/b/a Wilde Construction (general contractor), alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6), as well as a contractual third-party beneficiary claim. The defendants and third-party defendant Marais Trenching, Inc. moved for summary judgment, which was granted by the Supreme Court, dismissing all claims. On appeal, the plaintiffs’ claims under Labor Law § 200, § 241 (6), and the third-party beneficiary claim were reviewed. The appellate court affirmed the dismissal, finding no control by Telergy or Wilde over the repair work, no violation of 12 NYCRR 23-9.5 (f), and that the plaintiff was not an intended third-party beneficiary of the highway work permit or the contract between Telergy and Wilde.

Labor Law § 200Labor Law § 241(6)Summary JudgmentTrenching AccidentConstruction Site SafetyThird-Party Beneficiary ClaimAppellate AffirmationEmployer ResponsibilityGeneral Contractor LiabilityUnsafe Work Condition
References
9
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