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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Robinson v. Sanchez

This posttrial motion concerns a jury's verdict that continued psychiatric care was not essential for petitioner Calvin Robinson, despite finding him mentally ill. Justice Suarez determined the evidence was legally insufficient to support the jury's finding regarding the need for continued care and treatment. The court found clear and convincing evidence that Robinson is mentally ill, poses a danger to himself and others, and his judgment is impaired, rendering him unable to understand his need for care. Robinson has a long history of self-harm, assaultive behavior, and medication non-compliance when unsupervised, contradicting his general denials. Consequently, the court set aside the jury's verdict and affirmed the original retention order, mandating his continued involuntary psychiatric care.

Mental IllnessInvoluntary CommitmentPsychiatric InstitutionPosttrial MotionJury Verdict Set AsideSufficiency of EvidenceDanger to SelfDanger to OthersImpaired JudgmentMedication Non-compliance
References
19
Case No. ADJ1730584 (OAK 0230681)
Regular
Jun 11, 2013

ELDORA ROBINSON vs. OAKLAND UNIFIED SCHOOL DISTSRICT, JT2 INTEGRATED SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Eldora Robinson's claim against Oakland Unified School District and JT2 Integrated Services. The WCAB rescinded the judge's decision, finding it was not a final resolution on the merits. The case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge. Parties retain the right to seek reconsideration of the subsequent ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeWCJReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelFinal DecisionMerits
References
0
Case No. 2018 NY Slip Op 05652 [164 AD3d 1000]
Regular Panel Decision
Aug 02, 2018

Matter of Robinson v. Workmen's Circle Home

Barbara Robinson, a certified nurse's assistant, filed a claim for workers' compensation benefits for a work-related right shoulder injury in 2011. She received temporary disability payments totaling $133,807.48. In 2016, a Workers' Compensation Law Judge (WCLJ) awarded her a 42.50% schedule loss of use (SLU) to her right arm, amounting to $102,494.50, less prior payments. Robinson appealed the WCLJ's decision, arguing that the employer's carrier should not be credited for temporary partial disability payments against the SLU award. The Workers' Compensation Board disagreed, ruling that the carrier could credit all prior disability payments. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to differentiate between temporary total and temporary partial disability payments for credit purposes, thereby preventing an unjustifiable double recovery for the claimant.

Workers' CompensationSchedule Loss of UseTemporary Disability PaymentsCreditDouble RecoveryAppellate DivisionWork-Related InjuryRight Shoulder InjuryCarrier ReimbursementLegal Precedent
References
7
Case No. 2020 NY Slip Op 02960
Regular Panel Decision
May 21, 2020

Matter of Robinson v. New York City Health & Hosps. Corp.

Jacqueline Robinson appealed a Workers' Compensation Board decision denying her request to reclassify her disability from permanent partial to temporary total following back surgery. Established with a permanent partial disability in 2015 for a 2009 work-related back injury, Robinson underwent back surgery in June 2018 and sought reclassification. The Workers' Compensation Law Judge (WCLJ) awarded temporary total disability payments for the post-surgery period up to the hearing date but reverted to permanent partial thereafter. The Board affirmed, finding no evidence that the surgery worsened her condition or caused "other trauma" or "significant reinjury." The Appellate Division, Third Department, affirmed the Board's decision, concluding it was supported by substantial record evidence.

Workers' CompensationPermanent Partial DisabilityTemporary Total DisabilityDisability ReclassificationBack InjurySurgical ImpactMedical Evidence ReviewSubstantial EvidenceWage-Earning CapacityAppellate Division
References
6
Case No. MISSING
Regular Panel Decision
Jul 25, 2012

Robinson v. Bond Street Levy, LLC

Peter Robinson, a laborer for Virginia Construction & Management, Inc., was injured on December 26, 2007, when he fell from a ladder after being struck by ductwork at a building owned by Bond Street Levy, LLC. He and his wife subsequently commenced an action against Bond Street Levy, LLC, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' motion for summary judgment on the issue of liability. The appellate court affirmed this decision, finding that the plaintiffs successfully established the absence of adequate safety devices and that this violation was a proximate cause of the injuries. The defendant's arguments regarding a triable issue of fact on sole proximate cause and prematurity of the motion were rejected.

Personal InjuryLabor LawWorkplace AccidentLadder FallSummary JudgmentLiabilityProperty OwnerConstruction SiteNondelegable DutyProximate Cause
References
16
Case No. 2017 NY Slip Op 03787 [150 AD3d 910]
Regular Panel Decision
May 10, 2017

Robinson v. National Grid Energy Management, LLC

Joseph Robinson, an electrical foreman, was injured after falling from an aerial bucket that malfunctioned while he was attempting to exit it. He and his wife sued National Grid Energy Management, LLC, T-Mobile USA, Inc., and Omnipoint Communications, Inc., alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court granted summary judgment to the T-Mobile defendants on the Labor Law claims and denied the plaintiffs' cross-motion. The Appellate Division, Second Department, affirmed this decision. It found that the bucket truck was not defective in providing fall protection under Labor Law § 240 (1) and rejected the recalcitrant worker defense, while also concluding that Labor Law § 241 (6) did not apply as the work was not construction, demolition, or excavation.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewFall from HeightWorkplace AccidentAerial LiftTelecommunicationsNegligenceDuty to Provide Safety Devices
References
14
Case No. 2021 NY Slip Op 01219
Regular Panel Decision
Feb 25, 2021

Robinson v. Foremost Glatt Kosher Caterers, Inc.

Plaintiff Barry Robinson initiated a class action against Foremost Glatt Kosher Caterers, Inc., alleging the company withheld mandatory gratuity charges from catering service workers in violation of Labor Law § 196-d. Foremost, in turn, filed a third-party complaint against Kensington Event Staffing, seeking indemnification. The Supreme Court denied Kensington's motion to dismiss the third-party complaint. On appeal, the Appellate Division, First Department, reversed the lower court's decision. The court granted Kensington's motion to dismiss, finding that Foremost failed to state a cause of action for implied indemnification, as there were no allegations that Kensington wrongfully withheld charges or influenced Foremost's decision to retain them.

GratuitiesWage OrderImplied IndemnificationThird-Party ComplaintMotion to DismissLabor LawAppellate ReviewCatering IndustryWorkers' Rights
References
3
Case No. MISSING
Regular Panel Decision

Barksdale v. Robinson

Darryll Barksdale filed an action against Morgan C. Robinson (and related entities) and Spirit Music Group (and affiliate) concerning copyright ownership and infringement of musical compositions 'Rockin It' and 'It's Magic.' Barksdale sought a declaration of sole ownership, which Robinson disputed, claiming co-authorship. Defendants moved to dismiss the complaint, asserting the claims were time-barred. The court converted the motion to summary judgment, subsequently granting it. It ruled that Barksdale's copyright ownership claims were time-barred by the three-year statute of limitations, as he knew of Robinson's claims by August 1998 but filed suit in December 2001. Consequently, the infringement claims, contingent on sole ownership, also failed. The court dismissed the Lanham Act claims for merely reiterating copyright disputes and declined supplemental jurisdiction over the remaining state law claims, thereby dismissing the entire case.

CopyrightMusic IndustryStatute of LimitationsSummary JudgmentCopyright InfringementCo-ownershipLanham ActEquitable EstoppelDismissalFederal Jurisdiction
References
28
Case No. MISSING
Regular Panel Decision

Robinson v. Goldman Sachs Headquarters, LLC

Plaintiff Royston Robinson, a sheet metal worker, was injured after falling five feet from an unsecured A-frame ladder, prompting an action to recover damages under Labor Law § 240 (1). The plaintiffs appealed from an order denying their motion for summary judgment on liability. Initially, Robinson's deposition testimony asserting the ladder "kicked out" established a prima facie case. However, the defendants presented conflicting accident reports where Robinson previously attributed the fall to losing his footing or balance, without mentioning a ladder malfunction. This created a triable issue of fact regarding whether Robinson's own carelessness was the sole proximate cause of the fall, leading the Supreme Court to properly deny summary judgment. The appellate court affirmed the order.

Personal InjuryLabor LawLadder AccidentSummary JudgmentProximate CauseTriable Issue of FactAppellate ReviewDeposition TestimonyAccident ReportContributory Negligence
References
15
Case No. ADJ9146501
Regular
Feb 06, 2023

MARCUS ROBINSON vs. CHICAGO BEARS, FAIRMONT PREMIER INSURANCE COMPANY, ZENITH, TRAVELERS INDEMNITY COMPANY, MINNESOTA VIKINGS, GALLAGHER BASSETT SERVICES, BALTIMORE RAVENS

The Workers' Compensation Appeals Board affirmed a prior decision barring applicant Marcus Robinson's claim in California. The Board found that Robinson's cumulative trauma injury, sustained over a lengthy professional football career, lacked a sufficient connection to California. Despite Robinson playing four games and practicing once in California, this exposure constituted only about 3% of his career, similar to a prior case that found such a connection de minimis. The Board clarified that while statutory jurisdiction exists, exercising it here would violate due process.

WCABReconsiderationJohnsonCalifornia JurisdictionDue ProcessCumulative TraumaProfessional Football PlayerEmployment NexusDe MinimisStatutory Jurisdiction
References
3
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