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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

What Happened in Felix vs. Weber Metals Reconsideration?

In this vigorously contested action alleging fraud and breach of contract, the court addressed several motions. Defendant Shi's motion for summary judgment was denied due to unresolved factual disputes regarding the nature of significant monetary transfers from the plaintiff to a religious organization. The court granted the plaintiff's cross-motion to resume defendant Shi's deposition, sanctioning defense counsel Kenneth Jiang for repeatedly instructing his client not to answer questions in defiance of prior court directives. Additionally, the court denied Shi's cross-motion to disqualify plaintiff's counsel, citing a lack of necessary testimony, cumulative evidence, and the motion's untimely and potentially retaliatory nature. A special referee was appointed to supervise remaining discovery and settlement efforts.

Fraudulent InducementBreach of ContractDiscovery DisputeSummary Judgment MotionDeposition ObstructionAttorney SanctionsCounsel DisqualificationRules of Professional ConductAudio Recording AdmissibilityQueens County Court
References
68
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. Docket No. 18
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Plaintiff Teresa E. Banks brought a wrongful termination and outrageous conduct case against her former employer, Argos Risk Management Services, LLC, after being dismissed following a workers' compensation claim. Argos defended the termination by alleging Banks falsified her employment application and resume regarding her prior work experience and qualifications. The court, presided over by District Judge Kevin H. Sharp, granted Argos's Motion for Summary Judgment, finding that while Banks established a prima facie case of retaliation, Argos presented a legitimate, non-retaliatory reason for her termination (dishonesty) which Banks failed to prove was pretextual. The outrageous conduct claim was also dismissed due to lack of supporting evidence.

Wrongful TerminationRetaliatory DischargeWorkers' Compensation ClaimSummary JudgmentPretextCat's Paw TheoryEmployment LawFalsified ResumeDishonestyPrima Facie Case
References
30
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case concerns a dispute between a proprietary lessee (plaintiff) and a cooperative corporation and its management company (defendants) over the scope and enforcement of a cost-shifting provision in an alteration agreement. The plaintiff's renovation work was halted, leading to a stipulation allowing him to resume work under specified conditions. However, defendants subsequently sought to impose payment of legal and engineering fees, incurred due to the renovation issues, as a new precondition for the work to continue. The appellate court found the cost-shifting provision itself valid and enforceable, but ruled that the defendants forfeited their right to impose the fee payment as a new condition for resuming work since it was not part of the initial court-ordered stipulation. Consequently, the lower court's decision, which denied the plaintiff's motion to resume work without paying the fees, was reversed, and the plaintiff was permitted to continue the renovations.

Renovation disputeAlteration agreementCost-shifting clauseCooperative housingProprietary leaseContract enforcementStipulation of settlementLegal feesEngineering feesBreach of contract
References
4
Case No. MISSING
Regular Panel Decision
Jun 05, 1998

Can a WCJ Be Disqualified for Appearance of Bias?

Claimant, a hotel desk clerk, was discharged for repeatedly leaving work early without securing proper coverage and for falsifying his time sheet. He had prior permission to leave early only if a co-worker covered his shift, a condition he failed to consistently meet. The Unemployment Insurance Appeal Board ruled that his termination was due to misconduct, thereby disqualifying him from unemployment insurance benefits. The court affirmed the Board's decision, finding substantial evidence that unauthorized departures and falsified time sheets constitute disqualifying misconduct, especially after warnings. The court also upheld the Board's authority to resolve credibility disputes, despite the claimant's differing account of events.

MisconductUnemployment Insurance BenefitsEmployment TerminationFalsifying Time SheetUnauthorized AbsenceAppeal Board DecisionCredibility IssuesJudicial ReviewHotel Desk Clerk
References
1
Case No. 2025 NY Slip Op 04574
Regular Panel Decision
Aug 06, 2025

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case involves a CPLR article 78 proceeding initiated by Suburban Restoration Co., Inc., and others, challenging a determination by the Commissioner of the New York State Department of Labor. The Commissioner found that Suburban willfully failed to pay prevailing wages and supplements to employees on three public work projects, falsified payroll records, and assessed a 16% annual interest on underpayments along with a 15% civil penalty. The Appellate Division, Second Department, reviewed the determination and found it to be supported by substantial evidence. The court upheld the Commissioner's findings regarding underpayments, willful non-compliance, falsified records, and the method of calculating back wages, as well as the proportionality of the civil penalty.

Prevailing WagesPublic WorksWage UnderpaymentFalsified Payroll RecordsCivil PenaltyLabor Law ComplianceArticle 78 ProceedingAdministrative ReviewSubstantial EvidenceEmployer Liability
References
14
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This case concerns appeals from decisions of the Workers’ Compensation Board regarding a claimant’s entitlement to resumed indemnity payments. The claimant suffered work-related injuries and settled a third-party action, leading to a stipulation for a carrier’s offset holiday from indemnity payments for 198.72 weeks. After the holiday was deemed expired by a WCLJ in January 2009, and the claimant sought to resume payments in July 2012, the Board affirmed the WCLJ's decision. The carrier appealed, arguing a departure from precedent regarding the claimant's burden to prove continuing disability during the holiday. The appellate court affirmed the Board, finding its decision supported by substantial evidence and that the stipulation did not require the claimant to demonstrate ongoing disability.

Workers' Compensation OffsetThird-Party SettlementIndemnity PaymentsCarrier Holiday ExpirationStipulation AgreementMedical EvidenceTotal Temporary DisabilityAppellate ReviewBoard PrecedentReconsideration Denial
References
9
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Thomas Louis sued his former employer, Mobil Chemical Company, and supervisors James Bowser and Randall Roy, alleging intentional infliction of emotional distress, defamation, and retaliation after his employment ceased in July 2004. Louis claimed he was instructed to falsify safety reports and experienced verbal abuse, leading to a mental collapse and subsequent termination for violating company ethics. The trial court granted summary judgment for the defendants on all claims. On appeal, the court affirmed the summary judgment, finding that the alleged emotional distress conduct was not "extreme and outrageous" as a matter of law, the defamation claim lacked falsity as Louis admitted to falsifying reports, and there was insufficient evidence of a causal link for his workers' compensation retaliation claim.

Intentional Infliction of Emotional DistressDefamationRetaliationSummary JudgmentEmployment LawFalsification of DocumentsHostile Work EnvironmentWorkers' Compensation ClaimAt-Will Employment DoctrineTexas Court of Appeals
References
17
Case No. 2016 NY Slip Op 08012 [144 AD3d 603]
Regular Panel Decision
Nov 29, 2016

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The Appellate Division, First Department, reviewed a determination by the Office of the Comptroller of the City of New York, which found Astoria General Contracting Corp. (AGC) falsified payroll records and willfully failed to pay prevailing wages to three employees. The Comptroller imposed significant penalties and a five-year bar from public contracts. While the court agreed that substantial evidence supported the findings of falsified records and willful underpayment, it found the calculated amount of underpaid wages ($735,185.21) to be irrational, given that AGC received a total of $300,000 for the contracts. The court modified the determination, vacating the monetary calculations and remanding the matter for a new calculation of the underpaid wages, interest, and penalty that is supported by substantial evidence, while otherwise confirming the findings.

payroll fraudprevailing wagespublic contractsadministrative determinationsubstantial evidenceirrational calculationunderpaid wageswage theftcontract disputecity comptroller
References
1
Case No. MISSING
Regular Panel Decision
Jun 14, 2017

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This case involves an appeal concerning child visitation rights between a father and maternal grandparents. The maternal grandparents and children appealed a Family Court order that granted the father's petition to eliminate the grandparents' visitation and denied the grandparents' petition to establish a visitation schedule. The Appellate Division found that while the deteriorating relationship between the father and grandparents constituted a change in circumstances, the Family Court's determination that resuming visitation was contrary to the children's best interests lacked a sound basis. Evidence showed the children had a close relationship with their grandparents and desired to resume visitation, and a social worker's opinion against visitation was deemed improvidently relied upon due to an incomplete assessment. Consequently, the Appellate Division reversed the Family Court's order, denied the father's petition, granted the maternal grandparents' petition, and remitted the matter for the establishment of an appropriate visitation schedule.

Custody modificationChild visitationGrandparent visitation rightsBest interests of the childChange in circumstancesFamily Court order appealAppellate DivisionParent-grandparent antagonismTherapist testimonyDutchess County
References
6
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