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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

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. 103 B.R. 416
Regular Panel Decision
Nov 01, 1989

Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)

The court issued findings of fact and conclusions of law, granting a preliminary injunction against the IAM for their unlawful strike activities targeting Eastern Air Lines at LaGuardia and Hartsfield Airports. The enjoined conduct includes trespassing, mass picketing, harassment, violence, and vandalism against Eastern's employees, customers, and property. The court found that these actions caused substantial and irreparable harm to Eastern and that public authorities were unable or unwilling to provide adequate protection. While the injunction imposed strict restrictions on these disruptive behaviors, the court denied Eastern's request to enjoin residential picketing, citing the Norris-LaGuardia Act. This decision aims to balance the unions' right to strike with Eastern's need to continue operations and protect its assets and personnel during the Chapter 11 reorganization.

Preliminary InjunctionLabor DisputeAirline IndustryStrike ActivityUnlawful ConductMass PicketingHarassmentVandalismUnion LiabilityNorris-LaGuardia Act
References
116
Case No. MISSING
Regular Panel Decision

In re Monique M.

The mother appealed a fact-finding order that found she abused her child Sonique M. and derivatively abused Monique M., Treston D., and Daymondray T., and two dispositional orders. The evidence showed the mother allowed her boyfriend, against whom an order of protection was issued, back into her home, where he sexually abused Sonique M., and the mother failed to intervene. However, the Family Court erred by issuing the dispositional orders without first conducting a mandatory dispositional hearing, which violated due process. The appellate court reversed the orders of disposition and remitted the matter to the Family Court, Kings County, for a dispositional hearing before a different judge due to concerns about the original judge's impartiality.

Child AbuseDerivative AbuseDispositional HearingFamily Court Act Article 10Parental JudgmentOrder of Protection ViolationSexual AbuseJudicial ImpartialityDue ProcessRemittitur
References
11
Case No. MISSING
Regular Panel Decision
May 22, 2009

In re Jessica L.

This case concerns an appeal by a father against a finding of neglect regarding his two children. The children resided with their mother, who had a history of drug use. The father, suspecting the mother was currently using drugs, anonymously contacted the Administration for Children's Services (ACS). Although the mother subsequently tested positive for cocaine, the appellate court reversed the Family Court's neglect finding against the father. The court determined that the father's actions, including his proactive call to ACS, met the minimum degree of care required and did not constitute neglect, thereby vacating the finding and dismissing the petition against him.

Family LawChild NeglectParental RightsAppellate ReviewFamily CourtSubstance AbuseDrug TestingACS InterventionMinimum Degree of CareReversal of Finding
References
3
Case No. MISSING
Regular Panel Decision
Jun 22, 2009

In re Sasha B.

The case concerns an appeal from a Family Court order in Bronx County, dated June 22, 2009, which found a respondent mother neglected her child. The determination stemmed from an incident where the mother left her sleeping 11.5-year-old child alone on a subway train. The child subsequently navigated her way back to school. The appellate court affirmed the fact-finding determination of neglect, citing corroborating statements and the child's inability to get home, which indicated an imminent risk of harm. However, the appeal concerning the child's placement was dismissed as moot. A dissenting justice argued that the evidence did not establish "imminent danger" as legally defined, noting that the child safely returned to school and prior alleged incidents lacked sufficient corroboration.

Child NeglectSubway IncidentParental SupervisionImminent DangerCorroboration of EvidenceFamily Court ActAppellate ReviewMootness DoctrineDissenting OpinionChild Welfare
References
9
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
Case No. MISSING
Regular Panel Decision

In re Joshua J.

The father appealed a Family Court order that found he neglected his child, Joshua. The neglect finding was based on the father's refusal to allow DSS workers and police into his home for an unannounced visit, despite a prior agreement to cooperate with DSS supervision. The father argued he refused entry for safety reasons, citing a past robbery and concerns about impersonators, and that Joshua was found clean, healthy, and safe. The appellate court reversed the Family Court's order, finding that DSS failed to prove by a preponderance of the evidence that Joshua's condition was impaired or in imminent danger due to the father's actions. Consequently, the petition was denied, and the proceeding was dismissed.

Child NeglectChild Protective ServicesFamily Court ActParental RightsAppellate ReviewPreponderance of EvidenceDSS SupervisionUnannounced VisitsHome Entry RefusalChild Safety
References
7
Case No. ADJ9202893
Regular
Aug 29, 2016

JUAN JOSE ALVAREZ vs. FOOTHILL PACKING, INC.; SPARTA INSURANCE, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted Foothill Packing's petition for reconsideration, rescinding Finding of Fact No. 5. This finding ambiguously stated the applicant suffered an industrial event to his neck, shoulder, hip, back, and chest based on his credible testimony. The Board found this finding redundant and misleading, as the WCJ also determined the record needed further development regarding these orthopedic injuries. Therefore, Finding of Fact No. 5 was rescinded, but the WCJ's decision to develop the record further on these claims was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial injuryLabor Code section 5310Agreed Medical EvaluatorQualified Medical EvaluatorSubstantial evidenceSpecific injuryThreshold issue
References
11
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
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