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

Case No. ADJ9781533
Regular
Aug 02, 2017

Rodolfo Boate vs. Truegreen Landcare, Zurich American Insurance Company

This case involves Rodolfo Boate's workers' compensation claim against Truegreen Landcare and Zurich American Insurance Company for injuries sustained during an altercation with a coworker. The defendant argued the claim was barred because Boate was the initial aggressor, citing his physical advance towards the coworker. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (WCJ) finding that Boate's actions were in reasonable fear of bodily harm due to the coworker's prior severe threats and aggressive behavior. The WCAB adopted the WCJ's credibility determinations, finding no substantial evidence to reject them. Therefore, Boate's injury was deemed industrial.

Workers' Compensation Appeals BoardRODOLFO BOATETRUGREEN LANDCAREZURICH AMERICAN INSURANCE COMPANYADJ9781533Petition for ReconsiderationDeniedWCJCredibility determinationsGarza v. Workmen's Comp. Appeals Bd.
References
1
Case No. MISSING
Regular Panel Decision
Feb 09, 2012

Tactical Air Defense Services, Inc., Gary Fears v. Searock, Jr., Charles

Charles Searock sued Tactical Air Defense Services, Inc. and Gary Fears for various causes of action arising from his employment. After their attorney withdrew, the defendants failed to appear at trial, resulting in a post-answer default judgment. Tactical and Fears filed a motion for new trial, arguing they did not receive notice of the trial setting, but the trial court denied it. On appeal, the court concluded that the appellants' affidavits demonstrated a lack of notice and that the trial court abused its discretion by denying the motion. The judgment against Tactical and Fears was reversed and remanded for further proceedings, while affirmed in all other respects.

Post-answer default judgmentMotion for new trialNotice of trial settingDue processAttorney withdrawalAbuse of discretionAffidavitsEvidentiary hearingPresumption of serviceImputed notice
References
32
Case No. MISSING
Regular Panel Decision

In re the Claim of Pegas

The claimant resigned from their machinist job, citing fear due to a confrontation with a co-worker. However, the Board found this resignation to be for personal and noncompelling reasons, thus disqualifying them from unemployment insurance benefits. An investigation by the employer's personnel director concluded that the co-worker did not intend harm. While fear for safety can justify leaving employment, the record lacked sufficient evidence to support the claimant's belief of immediate danger. Therefore, the Board's decision, affirming that the claimant voluntarily left employment without good cause, was supported by substantial evidence.

Voluntary ResignationUnemployment BenefitsWorkplace DisputeFear for SafetyGood Cause for Leaving EmploymentSubstantial EvidenceBoard Decision ReviewPersonal SafetyCo-worker ConfrontationQuitting Job
References
4
Case No. MISSING
Regular Panel Decision
Aug 02, 1983

League Central Credit Union v. Mottern

League Central Credit Union challenged the Commissioner of Banking's approval of American Sunbelt Credit Union's charter, arguing a lack of a 'common bond' among its members and potential economic harm through competition. The plaintiff sought either a declaratory judgment or a writ of certiorari after the Commissioner approved the charter. The chancellor dismissed the complaint for lack of standing, asserting that fear of competition does not constitute a legally protectable interest and that League Central was not 'aggrieved and directly affected.' The appellate court affirmed the dismissal, concurring that League Central failed to demonstrate sufficient economic consequence or direct harm to establish standing for either action. The court emphasized that administrative actions of state officials should not be challenged by private entities in competition without a clear legislative mandate.

Credit Union CharterAdministrative Agency ReviewLack of StandingEconomic CompetitionDeclaratory Judgment ActionWrit of CertiorariCommon Bond RequirementBanking Commissioner AuthorityAppellate Court DecisionStatutory Interpretation
References
8
Case No. 2008 NY Slip Op 28029
Regular Panel Decision
Jan 29, 2008

Matter of Noel O.

This juvenile delinquency proceeding involved Noel O., accused of sex offenses against five-year-old Jessi M. The presentment agency sought to have Jessi M. declared a "vulnerable witness" under Family Court Act § 343.1 (4) and Criminal Procedure Law § 65.20, requesting her testimony via live, two-way closed-circuit television. The court, presided over by Judge John M. Hunt, considered expert psychological testimony from Dr. Mitchell Frank and Dr. Elizabeth Osborn, which highlighted Jessi M.'s significant fear, nightmares, and potential for severe emotional harm if required to testify in Noel O.'s presence. Applying a 2007 amendment, the court found clear and convincing evidence that Jessi M. was a vulnerable child witness due to her young age, the heinous nature of the alleged acts, Noel O.'s familial relationship, and the expert's assessment of psychological harm. Consequently, the court granted the motion, allowing Jessi M. to testify via closed-circuit television to prevent further trauma and ensure her ability to communicate effectively.

Juvenile DelinquencyVulnerable WitnessClosed-Circuit TelevisionChild AbuseSex OffenseWitness CompetencyConfrontation ClauseFamily Court ActCriminal Procedure LawExpert Testimony
References
39
Case No. No. M21-88
Regular Panel Decision
Nov 29, 2007

In Re Mtbe Products Liab. Lit.

Plaintiffs, residents and business owners in Fort Montgomery, New York, brought actions against gas station owners and suppliers, including Sunoco, Inc. and ExxonMobil, alleging MTBE contamination of their private wells. They claimed various harms including lowered property values and fear of future health issues due to exposure. Plaintiffs asserted claims for strict product liability, negligence (including negligent infliction of emotional distress), trespass, nuisance, intentional interference with water resources, unfair competition, outrageous conduct, and New York State Navigation Law violations. Defendants moved for summary judgment on the emotional distress claims. The court granted in part and denied in part the defendants' motion, allowing claims for negligent infliction of emotional distress to proceed based on evidence of subcellular damage (MTBE-DNA adducts) as a rational basis for fear, but dismissed claims for intentional infliction of emotional distress due to insufficient evidence of extreme and outrageous conduct or intent to cause severe emotional distress. The court also ordered plaintiffs to submit to mental exams regarding their negligent infliction of emotional distress claims.

MTBE contaminationGroundwater pollutionToxic tortEmotional distressNegligent infliction of emotional distressProduct liabilitySummary judgmentEnvironmental lawFear of cancerSubcellular damage
References
132
Case No. MISSING
Regular Panel Decision

Kirkup v. American International Adjustment Co.

The plaintiff, a bricklayer, sustained a serious back injury and subsequently sued his employer’s workers’ compensation insurance carrier and its employees, alleging improper denial of benefits, lack of medical treatment, and breach of good faith. The defendants moved for summary judgment, contending that the Workers’ Compensation Law provided the exclusive remedy, but the Supreme Court, Dutchess County, denied their motion. On appeal, the order was reversed, and the defendants' motion for summary judgment was granted. The appellate court found the Workers’ Compensation Law to be the exclusive remedy for work-related injuries. Additionally, the plaintiff failed to state a cause of action for intentional infliction of emotional harm.

Workers' Compensation LawBreach of Insurance ContractIntentional Infliction of Emotional HarmExclusive RemedySummary JudgmentAppellate ReviewInsurance Carrier LiabilityWork-Related InjuryMedical BenefitsSanctions
References
1
Case No. MISSING
Regular Panel Decision

State v. Sexton

The defendant was convicted of assault with intent to commit murder in the first degree with bodily harm and sentenced to life imprisonment. The case involved the defendant attacking his ex-wife, Janet Sexton, with a knife in her car, resulting in severe and permanent injuries to her hands. The defendant appealed, raising several issues including the sufficiency of evidence, an amendment to the indictment date, the victim's display of injuries, testimony regarding child support, and previous actions. The court affirmed the judgment, finding no merit in the defendant's contentions and concluding that the evidence supported the conviction and the sentence was not cruel or unusual.

AssaultMurder AttemptBodily InjurySufficiency of EvidenceIndictment AmendmentSentencingLife ImprisonmentVictim TestimonyChild SupportSelf-Defense
References
5
Case No. ADJ2813255 (STK 0210632)
Regular
Nov 08, 2011

JONA DUNCAN vs. J.M. KECKLER MEDICAL COMPANY INC, REDWOOD FIRE AND CASUALTY, BERKSHIRE HATHAWAY (ENDURANCE INSURANCE)

This case involves a workers' compensation claim for cumulative trauma injury to the lower back and right leg. The applicant, Jona Duncan, claims injury while employed by J.M. Keckler Medical Company, Inc. The insurer, Redwood Fire and Casualty, filed a petition for removal, arguing that the issuance of an arbitrator panel by the WCJ would prematurely cut off discovery. The WCAB denied removal, finding the petition premature and lacking a showing of significant prejudice or irreparable harm. The Board adopted the WCJ's report, which stated that Redwood's fears of lost discovery were unsubstantiated and that Endurance had indicated contribution proceedings would only commence after the case-in-chief was resolved.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeMandatory ArbitrationCumulative TraumaInsurerContribution ProceedingsCase-in-ChiefDiscovery RightsPrejudice
References
2
Case No. MISSING
Regular Panel Decision

In re Kim HH.

Kim HH., born in 1983, was living with her mother and stepfather in September 1995 when a complaint was filed with the State Central Registry for Child Abuse and Maltreatment due to statements she made about her home life and treatment. A neglect proceeding was commenced, and Family Court found that respondents (mother and stepfather) subjected Kim to excessive corporal punishment and verbal abuse, constituting neglect. Kim was placed in petitioner's custody. Respondents appealed, but the appellate court affirmed the Family Court's decision, finding sufficient evidence of parental misconduct and harm to the child, including physical injury, fear, and enhanced self-esteem after removal from the household. The court deferred to Family Court's credibility findings regarding Kim's testimony of abuse.

NeglectChild AbuseCorporal PunishmentParental MisconductChild WelfareFamily Court ActCredibilityAppellate ReviewChild CustodyPhysical Abuse
References
13
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