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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

Elias v. Apfel

Mounir Elias appealed a final administrative determination by the Social Security Administration Commissioner, denying his disability benefits application under the Social Security Act. Elias, who suffered from severe neck and back injuries from an auto accident, claimed disability since 1993. The Administrative Law Judge (ALJ) denied benefits, finding Elias could perform light work despite his impairments, a decision upheld by the Appeals Council. The District Court affirmed the Commissioner's decision, denying Elias's motion for judgment on the pleadings and granting the defendant's motion, concluding the ALJ's findings were supported by substantial evidence and that Elias received a fair hearing even without legal counsel, thus dismissing the complaint.

Social Security Disability BenefitsAdministrative ReviewDisability DeterminationSubstantial Evidence ReviewResidual Functional CapacityLight Work CapacityTreating Physician OpinionVocational ExpertPro Se ClaimantFederal Rules of Civil Procedure 12(c)
References
24
Case No. 2014 NY Slip Op 05774 [120 AD3d 552]
Regular Panel Decision
Aug 13, 2014

Karanikolas v. Elias Taverna, LLC

This case involves an action to recover damages for personal injuries sustained by Nikolaos Karanikolas, who fell from a ladder while performing construction work in a building owned by 20 John Street, LLC and leased by Elias Taverna, LLC. The plaintiffs alleged common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Appellate Division, Second Department, modified an order of the Supreme Court, Queens County. Key modifications included denying the plaintiffs' motion for summary judgment on Labor Law § 240 (1) liability, granting parts of the defendants' cross-motions to dismiss Labor Law § 241 (6) claims based on specific Industrial Code sections, and granting 20 John Street's cross-motion for contractual indemnification against Elias Taverna. Additionally, the court granted Elias Taverna's cross-motion to dismiss common-law negligence and Labor Law § 200 claims against it, as well as claims for common-law indemnification and contribution.

Personal InjuryConstruction AccidentLadder FallLabor LawSummary JudgmentAppellate ReviewContractual IndemnificationCommon-Law NegligenceIndustrial CodePremises Liability
References
15
Case No. MISSING
Regular Panel Decision

Elias v. City of New York

Plaintiff Elias sued the City of New York for personal injuries after tripping over a downed sign pole. The City repeatedly failed to comply with discovery requests for Department of Transportation records over a three-year period, despite nine court orders and a previously imposed monetary sanction of $7,500. The court determined that the City's persistent non-compliance constituted willful and contumacious conduct, justifying the ultimate sanction. Consequently, the court ordered the striking of the defendant's answer due to its cavalier approach to court-ordered discovery.

Discovery SanctionsWillful Non-ComplianceStriking Defendant's AnswerPersonal InjuryMunicipal NegligenceCourt OrdersAppellate ReviewDiscovery AbuseCivil ProcedureNew York Courts
References
3
Case No. MISSING
Regular Panel Decision

Rea v. Albert Elia Building Co.

Plaintiff Philip John Rea, a welder, sustained serious injuries when a scaffold rope parted, causing him to fall while working on a sewage treatment plant. He and his wife (plaintiffs) moved for partial summary judgment, arguing absolute liability under Labor Law § 240(1) and (3). The defendant, Albert Elia Building Company, Inc., submitted an attorney's affidavit that did not dispute the plaintiffs' account of the accident or the cause. The court found no factual issues on liability, affirming the defendant's absolute duty under the statute which cannot be avoided by claims of plaintiff's fault or defendant's lack of fault. The appellate court reversed the lower court's order and granted the motion for partial summary judgment.

Scaffold AccidentAbsolute LiabilityLabor LawPartial Summary JudgmentWelder InjuryConstruction AccidentSubcontractor LiabilityWorker SafetyStatutory DutyPersonal Injury
References
4
Case No. 2018 NY Slip Op 04616 [162 AD3d 1356]
Regular Panel Decision
Jun 21, 2018

Matter of Elias-Gomez v. Balsam View Dairy Farm

Claimant Antonio Elias-Gomez, a farmhand, sought workers' compensation benefits for a right shoulder injury allegedly sustained in May 2014 while assisting in a difficult calf birth. The employer and carrier controverted the claim, citing lack of timely notice and absence of a compensable accident. A Workers' Compensation Law Judge initially established the claim but the Workers' Compensation Board later modified, denying benefits on the grounds that claimant did not sustain an accident in the course of employment. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence. The court deferred to the Board's credibility determinations, which included discrediting claimant's account of a calf birth on the alleged injury date and noting inconsistent histories regarding his shoulder pain and injury mechanism.

Workers' Compensation ClaimEmployment InjuryShoulder InjuryFarm AccidentCausal RelationshipSubstantial Evidence ReviewCredibility FindingNotice of InjuryAppellate ReviewWorkers' Compensation Board
References
17
Case No. 2019 NY Slip Op 00021
Regular Panel Decision
Jan 03, 2019

Ramirez v. Elias-Tejada

This consolidated appeal arises from a three-car collision on December 12, 2011, involving a stalled car carrying Fairway employees that was struck by two other vehicles. Plaintiffs, including Pilar Ramirez, Yedmy Batista Peralta, and Delio Polanco (on behalf of his deceased wife), sought damages. Key issues involved the application of the relation back doctrine to add Fairway entities as defendants, the assertion of a Workers' Compensation Law defense, and motions for summary judgment regarding negligence and serious injury. The Appellate Division reviewed several Supreme Court orders, resulting in a mixed decision that reversed in part, affirmed in part, modified in part, and granted in part.

Car accidentThree-car collisionRespondeat superiorWorkers' Compensation LawRelation back doctrineSummary judgmentVicarious liabilityStatute of limitationsPleading errorAmended complaint
References
11
Case No. Index No. 500294/2018 Appeal No. 16497-16498-16499 Case No. 2022-00247, 2022-00958, 2022-01285, 2022-02741
Regular Panel Decision
Mar 16, 2023

Matter of Edgar V.L.

Alison L. initiated proceedings to appoint an Article 81 guardian for her incapacitated brother, Edgar V.L., alleging financial exploitation by Rachida Naciri, who later married Edgar and entered into a prenuptial agreement. Judy S. Mock was appointed temporary guardian and Gary Elias as counsel. Concerns arose when Mock and Elias failed to investigate the marriage and financial transactions. A special guardian, Lissett C. Ferreira, was subsequently appointed to investigate these matters. The Supreme Court removed Mock and discharged Elias due to conflicts of interest and dereliction of fiduciary duties, appointing successor guardian and counsel. The Appellate Division affirmed these orders, ruling that Alison L. had standing and that the court's actions regarding the appointments and removals were a proper exercise of discretion. The court also dismissed an appeal as moot.

Incapacitated personGuardianshipFinancial exploitationPrenuptial agreementFiduciary dutiesAttorney misconductSpecial guardianArticle 81Due processAppellate review
References
14
Case No. LAO 854183
Regular
Nov 26, 2007

ELIAS SABA vs. PENG CHENG ALUMINUM, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a prior decision. This reconsideration is necessary to allow the Board further time to thoroughly study the factual and legal issues. The WCAB will issue a decision after this further review, and all future communications regarding this case should be directed to the Reconsideration Unit.

Petition for ReconsiderationWorkers' Compensation Appeals BoardElias SabaPeng Cheng AluminumState Compensation Insurance FundLAO 854183August 30 2007Statutory time constraintsFactual and legal issuesJust and reasoned decision
References
0
Case No. ADJ8064324
Regular
May 16, 2013

JOSE ELIAS PARRILLA vs. 99 CENTS ONLY STORES, SEDGWICK

This Workers' Compensation Appeals Board order dismisses Jose Elias Parrilla's petition for reconsideration as untimely. The applicant failed to file the petition within the statutory 20-day period, plus an additional 5 days for mailing, after the original Findings and Order were issued on November 19, 2012. Therefore, the Board adopted the administrative law judge's recommendation and dismissed the petition.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code Section 5903Code of Civil Procedure Section 1013Findings and OrderDismissalPermissibly Self-InsuredSedgwick
References
0
Case No. ADJ3239580 (VNO 0376181)
Regular
Nov 05, 2010

ELIA HINKS vs. PLAVO, WEINBERG & ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Elia Hinks' petition for reconsideration because it was untimely filed and sought reconsideration of a non-final order. The WCJ's report confirmed the petition was filed one day late and argued it was improperly directed at an order that rescinded a prior medical care award, not a final decision. However, the applicant subsequently withdrew her petition for reconsideration, requesting to proceed with a status conference. Consequently, the WCAB dismissed the petition as withdrawn.

Petition for ReconsiderationOrder Rescinding OrderFurther Medical CareWCJLabor Code Section 5903TimelinessFinal OrderStatus ConferencePetition for RemovalFindings and Award
References
0
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