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

Case No. ADJ8556609
Regular
Jul 01, 2018

LUIS ROBLES vs. THE ESTATE OF VICKY BLEAZARD, dba BLEAZARD COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The WCAB granted the applicant's petition for removal, reversing the WCJ's decision that denied joinder of the employer's estate and the Uninsured Employers Benefits Trust Fund (UEBTF). The Board clarified that Labor Code § 5306 permits workers' compensation claims against a deceased uninsured employer's estate, irrespective of probate presentation. Furthermore, the Board found UEBTF properly joined due to the Estate's general appearance and service of a special notice of lawsuit. Consequently, the case is returned for further proceedings with both the Estate and UEBTF joined as defendants.

Workers Compensation Appeals BoardPetition for RemovalEstate of Vicky BleazardUninsured Employers Benefits Trust FundLabor Code § 3715Labor Code § 5306general appearancespecial notice of lawsuitprobate courtstatute of limitations
References
2
Case No. 2019 NY Slip Op 02568
Regular Panel Decision
Apr 03, 2019

Peterson v. Estate of John Rozansky

Elaine M. Peterson and David Peterson (later his estate) sued the Estate of John Rozansky for personal injuries after David Peterson was struck by Rozansky's vehicle. Rozansky had previously declined deposition citing dementia and subsequently died from Alzheimer's. Plaintiffs sought Rozansky's medical records, but the Supreme Court granted a protective order and denied plaintiffs' motion to strike the defendant's answer, a decision upheld upon reargument. The Appellate Division, Second Department, affirmed, ruling that plaintiffs failed to show Rozansky's condition was 'in controversy' for CPLR 3121 (a) purposes, and neither Rozansky nor his estate waived physician-patient privilege. A dissenting opinion argued that Rozansky's refusal to be deposed due to dementia did place his condition in controversy, warranting medical record disclosure.

Personal InjuryMedical Records DiscoveryPhysician-Patient PrivilegeWaiver of PrivilegeProtective OrderDiscovery SanctionsStriking AnswerDementiaAlzheimer's DiseaseAppellate Review
References
22
Case No. MISSING
Regular Panel Decision

Claim of Jimenez v. Estate of Jimenez

This case concerns an appeal from a Workers' Compensation Board decision. Julio Jimenez, while operating a grocery business owned by the estate of his deceased brother Roberto, was murdered. Julio's wife, Amparo Jimenez, filed for workers' compensation benefits for herself and their three minor children. The Board found an employer-employee relationship existed between Julio and Roberto's estate, a decision contested by the Uninsured Employers’ Fund. The court affirmed the Board's decision, ruling that the estate, by accepting the benefits of Julio's efforts, was estopped from denying an employment relationship.

Employment RelationshipEstate LiabilityWorkers' Compensation BenefitsHomicideUninsured Employers' FundAppellate ReviewEstoppelDependent BenefitsBusiness OperationVolunteer Services
References
1
Case No. No. 12
Regular Panel Decision
Apr 01, 2021

The Matter of the Claim of Estate of Norman Youngjohn v. Berry Plastics Corporation

Decedent Norman Youngjohn, employed by Berry Plastics Corporation, suffered work-related injuries to his right shoulder and left elbow in 2014, leading to a workers' compensation claim. Before his permanent partial disability benefits claim for a schedule loss of use (SLU) award was resolved, Youngjohn died in March 2017 from a heart attack unrelated to his work injuries. He left no surviving spouse, minor children, or qualifying dependents. His estate sought the full value of the posthumous SLU award, arguing that 2009 amendments to the Workers' Compensation Law, which permitted lump sum SLU payments, rendered WCL § 15 (4) (d) inapplicable. This section limits an estate's recovery for unaccrued SLU benefits to reasonable funeral expenses in cases of unrelated death without qualifying survivors. The Workers' Compensation Board limited the award to funeral expenses, while the Appellate Division held that the estate was entitled to the portion accrued up to the date of death plus reasonable funeral expenses. The New York Court of Appeals affirmed the Appellate Division's order, concluding that the 2009 amendments on lump sum payments did not implicitly alter WCL § 15 (4) (d)'s limitation on an estate's recovery of posthumous SLU awards. The Court emphasized that section 15 (4) (d) remains in effect and must be harmonized with the amendments, limiting recovery to benefits accrued before death and reasonable funeral expenses for the remainder.

Workers' Compensation LawPermanent Partial DisabilitySchedule Loss of Use (SLU)Lump Sum PaymentEstate RecoveryFuneral ExpensesStatutory InterpretationAccrual of BenefitsNew York Court of AppealsUnrelated Death
References
35
Case No. MISSING
Regular Panel Decision

Matthius v. Platinum Estates, Inc.

JAC Construction Corp. appealed an order that granted indemnification to Grymes Hill Estates, Inc., John Culotta, Robert Ricca, and Platinum Estates, Inc., for costs and attorney's fees in a personal injury action. JAC argued that a subsequent agreement with a merger clause superseded a prior indemnification agreement. The court found the January 17th agreement to be incomplete and ambiguous, allowing the admission of the prior indemnification agreement as extrinsic evidence without contradicting the later contract. The indemnification agreement clarified insurance coverage and indemnification obligations. The court also noted that the merger clause did not extinguish the indemnification agreement because the two contracts dealt with different subject matter. Furthermore, JAC demonstrated its intent to be bound by the indemnification agreement by obtaining the required insurance. Therefore, the referee's report, finding the respondents entitled to indemnification, was properly confirmed.

IndemnificationMerger ClauseParol Evidence RuleContract InterpretationAmbiguityExtrinsic EvidenceGeneral ContractorOwnerPersonal InjuriesAppellate Review
References
8
Case No. 2019 NY Slip Op 01290
Regular Panel Decision
Feb 21, 2019

Matter of Estate of Youngjohn v. Berry Plastics Corp.

Decedent Norman Youngjohn suffered work-related injuries to his right shoulder and left elbow. Prior to the finalization of his schedule loss of use (SLU) award, he passed away from unrelated causes. His estate, as claimant, sought the full SLU award. However, the Workers' Compensation Board limited the payment to reasonable funeral expenses, citing Workers' Compensation Law § 15 (4) (d). The Appellate Division, Third Department, reviewed the statutory interpretation, concluding that only the portion of the SLU award accrued at the time of death, along with reasonable funeral expenses, is payable to the estate. The court modified the Board's decision and remitted the matter for recalculation of the amount owed.

Schedule Loss of UseWorkers' Compensation BenefitsPost-Mortem AwardEstate ClaimsFuneral ExpensesStatutory InterpretationLump-Sum PaymentAccrued BenefitsMaximum Medical ImprovementAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

In re the Estate of Panek

Theodore (Ted) Panek's will, which bequeathed a significant portion of his estate to the proponent, was challenged by eight objectants on grounds of undue influence. A jury in Surrogate’s Court found that while Ted had testamentary capacity, he was subjected to undue influence by the proponent, leading to the denial of probate. On appeal, the court affirmed the Surrogate’s decree. The appellate court found ample circumstantial evidence to support the jury's finding, noting the proponent's financial motive, her control over Ted's environment and finances, his fragile health, and her active efforts to isolate him and pressure him into making the will against his prior resistance.

Will ContestUndue InfluenceTestamentary CapacityProbate LawEstate AdministrationAppellate ReviewSurrogate's CourtCircumstantial EvidenceFiduciary RelationshipElder Abuse
References
9
Case No. MISSING
Regular Panel Decision

In re the Estate of DelGatto

Christopher Fasulo, administrator c.t.a. of Pauline DelGatto’s estate, appealed a Surrogate’s Court decree in Kings County, which, upon a jury verdict, favored Nora Bradley regarding the title to real property. The decedent, Pauline DelGatto, had executed a trust document and deed conveying her house to Nora Bradley just weeks before her death, with Bradley as trustee and beneficiary. Fasulo alleged the decedent lacked mental capacity and was subjected to undue influence. The jury found that Fasulo failed to sustain his burden of proof on both claims. The appellate court affirmed the decree, ruling that the petitioner did not meet the burden of proof for lack of mental competence or undue influence, especially since the transaction was supervised by an attorney and the circumstances were explained.

Estate lawreal propertyundue influencemental capacityburden of proofjury verdicttrust instrumentdeedattorney-client privilegeSCPA 2103
References
25
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
Case No. 2025 NY Slip Op 04706 [241 AD3d 791]
Regular Panel Decision
Aug 20, 2025

Gomez v. Tilden Estates, LLC

The plaintiff, Yeison Moncion Gomez, was injured while working on a construction project for Tilden Estates, LLC, and LG Construction Management, Inc., when he slipped on dust while carrying an air conditioning unit up a staircase. He initiated an action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially granted summary judgment to the plaintiff on the Labor Law §§ 240 (1) and 241 (6) claims and denied the defendants' cross-motion to dismiss. On appeal, the Appellate Division, Second Department, modified the order. The court denied the plaintiff's motion for summary judgment on the Labor Law claims and the dismissal of the comparative negligence defense, finding triable issues of fact, but affirmed the denial of the defendants' cross-motion to dismiss the Labor Law claims.

Construction AccidentLabor LawSlipping HazardElevation-Related WorkSummary JudgmentComparative NegligenceIndustrial CodeStaircase FallAir Conditioning UnitAppellate Review
References
29
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