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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. 2017 NY Slip Op 01785
Regular Panel Decision
Mar 09, 2017

Henvill v. Metropolitan Transportation Authority

Winston Henvill appealed the dismissal of his complaint and the denial of his petition to vacate an arbitration award, which resulted in the termination of his employment. The Supreme Court had granted defendants' motion to dismiss Henvill's complaint and denied his petition seeking to vacate the arbitration award based on a finding of misconduct. Henvill argued that the Metropolitan Transportation Authority Police Benevolent Association (PBA) breached its duty of fair representation and that the arbitrator's fact-finding was irrational. The Appellate Division affirmed the lower court's decisions, finding no evidence that the PBA's conduct was arbitrary, discriminatory, or in bad faith. Furthermore, the court emphasized that judicial review of arbitration awards is limited to statutory grounds and does not permit reviewing the arbitrator's findings of fact.

Breach of Duty of Fair RepresentationArbitration AwardEmployment TerminationMisconductCPLR Article 75Vacatur of Arbitration AwardCollective Bargaining AgreementAppellate ReviewJudicial Review of ArbitrationLabor Law
References
12
Case No. MISSING
Regular Panel Decision
Sep 28, 2011

Town of Babylon v. Stacy Carson

The Town of Babylon challenged an arbitration award that reduced a disciplinary penalty imposed on its employee, Stacy Carson, which involved restoring 10 days of pay and shortening her probation. The Town's petition to vacate the award was initially denied by the Supreme Court, which held the arbitrator had broad authority despite limitations in the collective bargaining agreement (CBA). On appeal, the higher court reversed this judgment, finding the arbitrator exceeded his power because the CBA only permitted a remedy if 'just cause' for discipline was not found, and the arbitrator had, in fact, affirmed 'just cause'. Consequently, the arbitration award's modifications were vacated, and the original penalties were reinstated.

ArbitrationCollective Bargaining AgreementDisciplinary ActionEmployee MisconductJudicial ReviewArbitrator AuthorityVacate AwardConfirm AwardCPLR Article 75Just Cause
References
10
Case No. MISSING
Regular Panel Decision
Nov 18, 1987

M. Slavin & Sons, Ltd. v. Cirillo

This case concerns a proceeding initiated by M. Slavin & Sons, Ltd. (petitioner) under CPLR article 75 to vacate an arbitration award. The Supreme Court, Kings County, denied the petitioner's request and granted the respondent, George Medina's, cross-petition to confirm the award. M. Slavin & Sons, Ltd. had discharged employee George Medina, alleging he "goofed off" and took excessive time during deliveries. The arbitrator concluded that M. Slavin & Sons, Ltd. failed to prove just cause for the discharge, noting discrepancies in delivery records and deeming Medina's brief stop at Pitkin Avenue a de minimis breach. The Appellate Division affirmed the lower court's decision, emphasizing that arbitration awards can only be vacated if the arbitrator acts irrationally, not merely due to mistakes of fact or law, which was not found in this instance. The court upheld the arbitrator's finding that Slavin lacked just cause for Medina's termination.

ArbitrationVacaturArbitration AwardJust CauseDischargeEmployment LawCPLR Article 75Judicial ReviewFactual ErrorLegal Error
References
3
Case No. ADJ10954606
Regular
Mar 09, 2020

DORIT DAVIDOFF vs. UCLA MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify findings of fact regarding industrial injury AOE/COE. The Board rescinded the previous decision and substituted a new Findings and Award to specifically address the stipulated injury to the lumbar spine, ensuring the award of permanent disability benefits was properly supported. The Board clarified that stipulations agreed upon by the parties should be treated as findings of fact to meet statutory requirements. The decision confirms permanent disability for the left ankle, thoracic spine, and lumbar spine, denies claims for neck and knee injuries, and orders further medical treatment and attorney fees.

Petition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineThoracic SpineLeft AnkleAOE/COEStipulationJurisdictional FactsFindings of Fact
References
1
Case No. ADJ581749 (VNO 0529719)
Regular
Jul 02, 2012

ARLENE HITE vs. TEPCO (STANDARD ABRASIVES, INC.), EVEREST NATIONAL INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY

This case concerns Clarendon National Insurance Company's petition for reconsideration of an arbitrator's contribution award. Clarendon argued it should not be liable for contribution because it was joined as a defendant over a year after the underlying cumulative trauma claim was settled. The Board denied reconsideration, finding that Clarendon received timely actual notice of Everest's contribution claim within one year of the settlement approval. Therefore, despite the delay in formal joinder, Clarendon cannot show prejudice and is liable for its share of the contribution award.

Workers' Compensation Appeals BoardPetition for ContributionLabor Code section 5500.5Cumulative traumaCompromise and releaseOrder of JoinderNunc pro tuncActual noticeTimely noticePrejudice
References
0
Case No. ADJ13157138
Regular
Sep 15, 2025

EDDY PUTMAN vs. BALTIMORE ORIOLES, USF&G, TRAVELERS INDEMNITY COMPANY

Defendant sought reconsideration of a WCJ's Findings of Fact, Award, and Order issued on June 12, 2025, which awarded applicant temporary and permanent disability. The defendant contested the retroactive disability awards, the calculation of the average weekly wage, and the admissibility of medical reports by Dr. Michael Einbund, given a later date of injury finding. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration. The Board affirmed the WCJ's findings regarding the disability awards, the applicant's average weekly wage, and the admissibility of Dr. Einbund's reports, reasoning that the claim's injury period predated January 1, 2005, making the old procedural rules applicable.

Permanent DisabilityTemporary Total DisabilityDate of InjuryLabor Code Section 5412PQMEPetition for ReconsiderationAverage Weekly WageAdmissibility of Medical ReportsLabor Code Section 4062.2Substantial Medical Evidence
References
11
Case No. MISSING
Regular Panel Decision
Jun 30, 1989

Lange v. Sartorius, Inc.

This case concerns an appeal from an order of the Supreme Court, New York County, which affirmed an arbitrators’ award in favor of the petitioner and denied the respondents’ cross-motion to vacate it. The dispute arose from the petitioner's termination of employment, which was submitted to arbitration as per their employment agreements. The arbitrators found that the respondents had not complied with the agreements and rendered a monetary award to the petitioner, considering his sudden departure. The appellate court upheld the lower court's decision, emphasizing that arbitration awards are given deference and are not subject to judicial review for merely erroneous factual findings unless completely irrational. Since the arbitrators' award was not irrational, the Supreme Court's order was affirmed.

Arbitration AwardConfirmation of AwardVacatur of AwardEmployment DisputeJudicial Review of ArbitrationDeference to ArbitratorsIrrational FindingsNew York LawFederal LawAppellate Affirmation
References
4
Case No. ADJ10008098
Regular
Feb 06, 2017

YVETTE SALDIVAR vs. STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the judge's findings of fact and award. While the defendant argued against the applicant's burden of proof, the WCJ's credibility finding, and the award of temporary disability instead of Industrial Disability Leave, the Board ultimately amended the findings. The Board found that the applicant sustained a cumulative trauma injury to her psyche through January 28, 2014, arising out of and in the course of employment, affirming the rest of the original award.

PSYCHE INJURYCUMULATIVE TRAUMASPECIFIC INJURYTEMPORARY DISABILITY INDEMNITYINDUSTRIAL DISABILITY LEAVERECONSIDERATIONFINDINGS AND AWARDWORKERS' COMPENSATION ADMINISTRATIVE JUDGEAPPEALS BOARDBURDEN OF PROOF
References
2
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