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

Case No. ADJ8759846
Regular
Jun 05, 2025

Manuel Agurto vs. Peterberg Construction, Inc.; Praetorian Insurance Work Comp Program

Applicant, Manuel Agurto, seeks reconsideration of the February 4, 2025 Findings and Order (F&O) where the WCJ found injury to his psyche and determined his average weekly wage. The WCJ's Opinion on Decision (OOD) also included findings of injury to other body parts and awarded future medical for some. Applicant challenged various interlocutory issues. The Workers' Compensation Appeals Board granted the Petition for Reconsideration to rescind the F&O and substitute it with a Findings, Award, and Order (FA&O) to reflect all of the WCJ's findings, awards, and orders, including additional body parts injured and an award of future medical, while deferring other issues for further development of the record. The Board admonished applicant's attorneys for frivolous conduct.

AOE/COEpsyche injuryAMEPQMEoccupational group 480Labor Code 4453(c)(4)petition for reconsiderationfinal orderinterlocutory issuesremoval standard
References
8
Case No. 2019 NY Slip Op 01310 [169 AD3d 549]
Regular Panel Decision
Feb 21, 2019

Matter of Samantha F. (Edwin F.)

The Appellate Division, First Department, affirmed an order from the Family Court, Bronx County, which found that respondent Edwin F. sexually abused the eldest child and derivatively neglected his other children. The appeal was found to be properly taken from an appealable order. The court determined that the finding of sexual abuse was supported by a preponderance of the evidence, including the child's detailed out-of-court statements corroborated by the mother's testimony, a sibling's statements, and expert testimony. The sexual abuse also supported the finding of derivative neglect, as it demonstrated the respondent's defective understanding of parental obligations, placing other children at substantial risk.

Child NeglectSexual AbuseDerivative NeglectAppellate ReviewFamily Court ProceedingsCorroborated TestimonyExpert Witness TestimonyParental ObligationsRisk AssessmentChild Protection Services
References
5
Case No. ADJ10805554
Regular
Sep 12, 2025

CARMEN FRANKLIN vs. LAW OFFICE OF LINDA FULLERTON, STATE FARM FIRE AND CASUALTY COMPANY

Defendant sought reconsideration of a Findings, Award, and Order (F,A&O) issued by a WCJ on June 26, 2025, which set aside an earlier August 16, 2024 Award approving stipulations and found applicant owed permanent disability benefits. Defendant contended the stipulations were not based on mutual mistake and challenged a Notice of Intent (NIT) to issue sanctions. The Appeals Board, having timely acted on the petition, determined that the F,A&O was a final order subject to reconsideration but applied the removal standard because defendant was challenging only an interlocutory finding. Finding no significant prejudice or irreparable harm and that reconsideration would be an adequate remedy, the Appeals Board denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderStipulationsMutual Mistake of FactPermanent Disability BenefitsNotice of IntentSanctionsLabor Code Section 5909Electronic Adjudication Management System
References
8
Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. CA 11-02000
Regular Panel Decision
Nov 09, 2012

OLSEN, MICHAEL JAMES v. KOZLOWSKI, SHIRLEY F.

Plaintiff Michael James Olsen commenced a Labor Law and common-law negligence action seeking damages for injuries sustained from falling during residence construction. Plaintiff moved for partial summary judgment on liability under Labor Law § 240 (1), while defendants Louis F. Kozlowski and Shirley F. Kozlowski (property owners) cross-moved for summary judgment dismissing the complaint. The Supreme Court granted dismissal against Louis F. Kozlowski and denied dismissal against Shirley F. Kozlowski, also granting plaintiff's motion against Shirley F. Kozlowski. The Appellate Division modified the order, denying plaintiff's motion in its entirety, finding a triable issue of fact regarding whether Shirley F. Kozlowski was an officer of the employer, which could bar the action under Workers' Compensation Law § 29 (6).

Personal InjuryLabor LawPremises LiabilitySummary JudgmentAppellate ReviewWorkers' CompensationOfficer LiabilityEmployer ImmunityConstruction AccidentFall from Height
References
20
Case No. 2021 NY Slip Op 02068
Regular Panel Decision
Apr 01, 2021

Ging v. F.J. Sciame Constr. Co., Inc.

This personal injury action concerns Albert Ging's accident at a construction site in Brooklyn while employed by Atlantic Detail & Erection Corp., a sub-subcontractor. Ging fell from a steel tube but prevented a full fall, subsequently claiming liability under Labor Law § 240 (1). The Supreme Court granted Ging partial summary judgment against the construction manager, F.J. Sciame Construction Co., Inc., and also awarded Sciame conditional contractual indemnification against Koenig Iron Works, Inc., the structural steel subcontractor. Furthermore, Koenig was awarded conditional contractual indemnification against Atlantic. The Appellate Division, First Department, unanimously affirmed these orders, finding Ging's testimony established prima facie entitlement to summary judgment and that the defendants failed to raise a material issue of fact regarding the accident's occurrence. The court also upheld the conditional contractual indemnification awards based on the specific contract language and the antisubrogation rule.

Personal InjuryLabor LawScaffolding LawSummary JudgmentContractual IndemnificationThird-Party ActionConstruction AccidentFall from HeightStructural SteelSubcontractor Liability
References
21
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
Mar 06, 2014

In Re the Arbitration Between Delaney Group, Inc. & Holmgren Enterprises, Inc.

This case involves cross-appeals from a Supreme Court order concerning an arbitration dispute between a prime contractor (Petitioner) and a subcontractor (Respondent) on a public work project. Respondent initially sought additional payment via arbitration, leading to an award that included credits for Petitioner. After a request for clarification, the arbitrator issued a modified award removing these credits. Petitioner then sought to vacate both the original and modified awards, while Respondent sought to confirm the modified award. The Supreme Court vacated both arbitration awards and remanded the case for a rehearing, finding that the arbitrator exceeded authority in modifying the award and imperfectly executed powers in the original award by failing to address a key stipulation. The appellate court affirmed the Supreme Court's order, upholding the vacatur and remand of both arbitration awards.

ArbitrationContract DisputePublic Work ProjectSubcontractorPrime ContractorCross AppealsVacatur of AwardRemandArbitrator AuthorityCPLR 7511
References
7
Case No. ADJ6559495
Regular
Sep 07, 2010

MANUEL BARAJAS vs. F&H COLD STORAGE, APPLIED RISK OMAHA

This case concerns a defendant's petition for reconsideration of an award allowing a chiropractor's lien. The defendant argued the lien should not be allowed as they notified the applicant of their Medical Provider Network (MPN). However, the Board denied reconsideration, finding the defendant failed to seek reconsideration of a prior "hold harmless" provision in the Compromise and Release order. This prior order bound the defendant to pay liens, regardless of MPN status, because they did not challenge it within the statutory period. Therefore, the Board upheld the lien award based on the finality of the prior order.

MPNLienPetition for ReconsiderationFindings and AwardMedical Provider NetworkLabor Code section 4903.1(a)Report and RecommendationCompromise and ReleaseWCJIndustrial Injury
References
5
Case No. MISSING
Regular Panel Decision

Shimon v. Wong

Plaintiff Marilyn Shimon was awarded $75,000 for past pain and suffering and $25,000 for future pain and suffering in a personal injury action against defendant Dick J. Wong. The defendant conceded liability but moved to strike the award for future pain and suffering, arguing inconsistency with jury findings of no permanent or significant bodily limitation. Presiding District Judge Spatt reconciled the jury's verdict, interpreting the award as compensation for a non-permanent injury that prevented the plaintiff from performing usual activities for 90 out of 180 days, which could lead to future pain for a finite period. The court reviewed relevant precedents but distinguished them based on the specific medical and testimonial evidence presented by Shimon, including disc herniation and chronic pain. Ultimately, the court denied the defendant's motion, finding the jury's responses and damage award consistent with the evidence and ordered judgment to be entered according to the verdict.

Personal injuryJury verdictFuture pain and sufferingSerious injury thresholdNew York Insurance LawMotion to strikeVerdict consistencyEvidentiary supportMedical testimonyDisc herniation
References
19
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