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

Case No. ADJ12511409
Regular
Jun 18, 2025

JOSE LOPEZ FRANCO vs. JDMC MEDINA CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Applicant Jose Lopez Franco sought reconsideration of a WCJ's decision finding that his Request for Authorization (RFA) did not qualify for expedited review and was timely decided, thus precluding WCAB jurisdiction over a medical treatment dispute. The Appeals Board granted reconsideration, finding that the evaluation of whether an RFA requires expedited review is an inherently medical determination and must be made by a medical professional within the 72-hour expedited review timeframe. As defendant's Utilization Review provider failed to do so, the Board concluded that the UR decision was untimely, vesting the WCAB with jurisdiction. The matter was rescinded and returned to the trial level for a determination of medical necessity.

Request for AuthorizationExpedited ReviewUtilization ReviewTimelinessMedical NecessityImminent ThreatAdministrative Director RuleLabor CodeWorkers' Compensation Appeals BoardFindings of Fact
References
10
Case No. 2022 NY Slip Op 01011
Regular Panel Decision
Feb 16, 2022

Hamm v. Review Assoc., LLC

The plaintiff, Peter Hamm, an employee, sustained injuries after falling from a ladder while servicing a security system at premises owned by Review Associates, LLC and leased by Fresh Direct, LLC. He initiated a personal injury 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 defendants, dismissing the complaint. On appeal, the Appellate Division modified this order, denying summary judgment for the Labor Law § 240(1) claim against both defendants due to triable issues of fact regarding whether the work constituted "repairs" or "routine maintenance." Additionally, the court denied summary judgment for the common-law negligence and Labor Law § 200 claims against Fresh Direct, LLC, as it failed to establish a lack of notice regarding the defective ladder. The court affirmed the dismissal of the Labor Law § 241(6) claim against both defendants and the common-law negligence and Labor Law § 200 claims against Review Associates, LLC.

Personal InjuryLadder AccidentLabor Law § 240(1)Labor Law § 200Common-law NegligenceSummary JudgmentAppellate DivisionDuty to Maintain Safe PremisesRoutine Maintenance vs. RepairDangerous Condition
References
44
Case No. MISSING
Regular Panel Decision

Choi v. State

The petitioner, a physician, initiated a CPLR article 78 proceeding to challenge a determination by the Commissioner of Education to suspend his medical license. The charges of professional misconduct stemmed from prior findings by the Department of Social Services (DSS) and the Department of Health (DOH) regarding unacceptable patient care, inappropriate treatment, excessive testing, and operating a clinical laboratory without a permit. The Regents Review Committee, utilizing an expedited procedure, found the petitioner guilty of two specifications based on the DSS determination and recommended a two-year license suspension, with a partial stay and probation. The court affirmed the Commissioner's determination and dismissed the petition, rejecting the petitioner's arguments against the application of collateral estoppel, the propriety of the expedited procedure, and the claim of ineffective assistance of counsel in the preceding administrative hearings. The court also upheld the penalty imposed, deeming it not excessive or an abuse of discretion.

Professional MisconductPhysician License SuspensionCPLR Article 78Collateral EstoppelExpedited ProcedureIneffective Assistance of CounselDepartment of Social ServicesDepartment of HealthAdministrative LawProfessional Regulation
References
4
Case No. MISSING
Regular Panel Decision

Caruso v. Civilian Complaint Review Board

This CPLR article 78 proceeding was brought by police officers in the City of New York to permanently enjoin the enforcement of section 440 of the New York City Charter, which established a new Civilian Complaint Review Board (CCRB). Petitioners argued that section 440 failed to protect their constitutional privilege against self-incrimination, was unconstitutionally vague, and violated their contractual rights. The court held that use immunity automatically attaches by operation of law when public employees are compelled to testify under threat of dismissal, thereby safeguarding their Fifth Amendment rights without explicit statutory authorization. It further determined that the City Charter constituted a 'change in the law,' preventing any impairment of contractual rights. Consequently, the court denied injunctive relief and dismissed the petition.

Self-incriminationUse immunityFifth AmendmentCPLR Article 78Police misconductCivilian oversightConstitutional lawDue processCollective bargainingNew York City Charter
References
7
Case No. ADJ380850 (SAL 0117839)
Regular
Apr 26, 2011

Sandra Corona vs. LOS APTOS CHRISTIAN FELLOWSHIP CHILDCARE, CHURCH MUTUAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The original decision awarded the applicant further medical treatment, including a cervical radiofrequency ablation. The defendant argued that the applicant failed to follow the proper Labor Code Section 4062 process after their utilization review denied the treatment request. The majority of the WCAB denied reconsideration, holding that an applicant is not strictly required to use Section 4062 to dispute a utilization review denial and may proceed to an expedited hearing, especially when the employer failed to provide adequate information for the review. However, one commissioner dissented, arguing that Section 4062 mandates a dispute resolution process following utilization review.

Workers' Compensation Appeals BoardLabor Code Section 4610Labor Code Section 4062Utilization ReviewReconsiderationFindings and AwardPrimary Treating PhysicianExpedited HearingAgreed Medical ExaminerQualified Medical Examiner
References
2
Case No. MISSING
Regular Panel Decision
Apr 21, 1987

McCaffrey v. Board of Estimate

The petitioners challenged a determination by the Board of Estimate of the City of New York, dated January 22, 1987, which approved a site in Long Island City for a residential shelter for homeless men. The Supreme Court, Queens County, denied the petition and dismissed the proceeding. On appeal, the judgment was affirmed. The court found that the respondents complied with the State Environmental Quality Review Act (SEQRA), City Environmental Quality Review regulations, and the Uniform Land Use Review Procedure (ULURP). The respondents had identified environmental concerns, taken a 'hard look,' and provided a 'reasoned elaboration' for their determination. The petitioners' argument that ULURP procedures needed to be redone due to an expired lease option was deemed without merit.

Environmental ReviewHomeless ShelterSite ApprovalLand UseCPLR Article 78SEQRAULURPGovernment DecisionAppellate CourtProcedural Compliance
References
7
Case No. MISSING
Regular Panel Decision

Claim of Broomfield v. Roosevelt Hotel Corp.

The case involves an appeal from a Workers’ Compensation Board decision denying the employer’s request for full Board review. The employer had repeatedly failed to appear at hearings regarding a discrimination complaint filed by the claimant, leading the Workers’ Compensation Law Judge (WCLJ) to find discrimination. The employer’s subsequent untimely appeal to a Board panel was denied for lack of good cause. The employer then sought full Board review, which was also denied. The court affirmed the denial of full Board review, finding no abuse of discretion by the Board panel, as their decision was unanimous and based on a full consideration of the matter.

DiscriminationWorkers' Compensation BoardUntimely AppealFull Board ReviewAbuse of DiscretionAdjournmentsFailure to AppearJudicial ReviewAppellate DivisionWCLJ Decision
References
6
Case No. MISSING
Regular Panel Decision
Jun 03, 1976

In re Louis F.

This proceeding was initiated by foster parents under Social Services Law section 392 to review the foster care status of the child Louis F., aiming to free him for adoption. Respondents, the Department of Social Services, Catholic Home Bureau, and the natural mother, sought to continue foster care, with the agency planning for the child's discharge to the natural mother. The foster parents moved for prehearing disclosure of various records related to the child and his natural parents, which the Family Court denied for lack of sufficient necessity. The Appellate Division affirmed this denial. The court reiterated that while foster parents, as parties in a foster care review, may obtain disclosure upon a proper showing of necessity coupled with in camera viewing by the Family Court, in this instance, after its own appellate in camera review, it found no abuse of discretion in the Family Court's decision.

Foster CareChild WelfareSocial Services LawDisclosureIn Camera InspectionFamily CourtAppellate ReviewBest Interest of the ChildParental RightsAdoption Proceedings
References
1
Case No. MISSING
Regular Panel Decision

Claim of Coratti v. Jon Josef Hair & Colour Group

The Workers' Compensation Board denied a claimant's motion to preclude a workers’ compensation carrier’s consultant report, which was based solely on a review of medical records, not an independent medical examination (IME). The claimant argued non-compliance with Workers’ Compensation Law § 137 (1) (b), a provision requiring notice if an IME is performed. The Board concluded the statute does not apply to records-review-only reports. An appellate court affirmed, holding that the plain language of § 137 (1) (b) explicitly refers to practitioners who have performed or will perform an IME, thereby excluding those who solely review records. The court emphasized that statutory interpretation must adhere to plain language, leaving policy arguments to the Legislature.

IME reportsrecords reviewWorkers' Compensation Lawstatutory interpretationpreclusion motioncausationoccupational illnessdue processlegislative intent
References
3
Case No. ADJ7523380
Regular
Jul 17, 2015

SALVADOR ULLOA vs. PRAXAIR, INC.

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order taking the case off the expedited hearing calendar. The Board found that a dispute over medical treatment for a serious injury, despite a disputed psychiatric component, warrants expedited review. While a complexity may necessitate redesignation as a Mandatory Settlement Conference, the OTOC itself caused substantial prejudice due to delays in crucial psychiatric treatment. The matter is returned to the WCJ to be reset on the expedited hearing calendar.

RemovalOrder Taking Off CalendarExpedited HearingMandatory Settlement ConferenceDisputed Body PartMedical TreatmentPsychiatric ConditionSerious InjuryUpper ExtremitiesAOE/COE Dispute
References
2
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