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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

Millson v. Manfredo

This paternity proceeding challenges the constitutionality of Family Court Act § 517(a), which sets a five-year Statute of Limitations for mothers to commence such proceedings, arguing it violates equal protection. The respondent moved to dismiss because the petition was filed over five years after the child's birth. The court examined whether the statute impermissibly differentiates between male and female petitioners and between legitimate and illegitimate children. It concluded that the differing limitation periods for mothers and fathers are unjustified, as their rights are now identical. Furthermore, the court found that the five-year statute is not substantially related to preventing stale or fraudulent claims, especially when considering the longer periods for public welfare officials and advancements in blood testing. Consequently, the court determined the petitioner's claim, filed approximately 6.5 years post-birth, to be timely, and denied the respondent's motion to dismiss.

Paternity ProceedingsStatute of LimitationsEqual Protection ClauseConstitutional LawFamily LawGender DiscriminationIllegitimate Children RightsChild SupportJudicial ReviewFamily Court Act
References
12
Case No. MISSING
Regular Panel Decision

Davis v. Isaacson, Robustelli, Fox, Fine, Greco & Fogelgaren, P. C.

Plaintiff Karl Davis sued attorney Bernard A. Kuttner for legal malpractice, alleging failure to pursue certain claims after a workplace injury in 1989. Kuttner moved to dismiss the lawsuit, arguing that the action was barred by the recently amended CPLR 214 (6), which shortened the statute of limitations for non-medical malpractice to three years and would have rendered Davis's claims, which accrued in 1991, time-barred by his 1997 filing against Kuttner. The court denied Kuttner's motion, ruling that applying the amended CPLR 214 (6) in this instance would unconstitutionally deprive the plaintiff of a reasonable time to bring suit, as the claims would have been immediately barred upon the amendment's effective date without legislative provision for a grace period. Consequently, the court held that the six-year statute of limitations previously in force applied, deeming Davis's claims timely.

Legal MalpracticeStatute of LimitationsCPLR 214 (6) AmendmentConstitutional LawDue ProcessRetroactivity of LawWorkers' Compensation ClaimNegligenceWorkplace InjuryMotion to Dismiss
References
27
Case No. ADJ9 088743
Regular
Jan 26, 2016

LEO ESTRELLA vs. MILWAUKEE BREWERS, SAN FRANCISCO GIANTS, ACE USA

The Workers' Compensation Appeals Board denied Leo Estrella's petition for reconsideration, upholding the administrative law judge's finding that his cumulative injury claim against the Milwaukee Brewers and San Francisco Giants was time-barred by the one-year statute of limitations. The Board found that applicant knew or should have known of his right to file a claim more than one year prior to filing, precluding application of the five-year "new and further disability" statute. Applicant's contention that the statute of limitations was tolled due to lack of knowledge was rejected, as the evidence indicated he was aware of the industrial causation of his injuries by 2009. One commissioner dissented, arguing the date of injury should be 2013 and that defendants failed to prove applicant's knowledge of his rights or the statute of limitations.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsLabor Code Section 5405Labor Code Section 5410New and Further DisabilityTollingDate of InjuryIndustrial CausationProfessional Baseball Player
References
14
Case No. MISSING
Regular Panel Decision
Jun 29, 1992

Mark v. Eshkar

This case involves a plaintiff, owner of Manhattan premises, and defendants Eshkar and Jules Schapiro, whose adjacent building shared a party wall. Following rehabilitation work on Schapiro's building in 1984, minor damage to the party wall occurred. In 1989, more significant structural cracks appeared, attributed to allegedly faulty foundation work supervised by Eshkar. The trial court dismissed the plaintiff's negligence claim against Eshkar, deeming it barred by a three-year statute of limitations, which it held commenced in 1985 upon the issuance of the certificate of occupancy. The appellate court reversed this decision, ruling that the cause of action accrued in 1989 when the structural cracks became visible, aligning with the principle that the statute of limitations for damages resulting from loss of lateral support begins when such damages are sustained and become apparent.

Statute of LimitationsNegligenceReal PropertyParty WallConstruction DefectsAccrual of Cause of ActionLatent DefectsStructural DamageNew York LawAppellate Procedure
References
2
Case No. ADJ9758295
Regular
Dec 10, 2018

JOHN BAILEY vs. DEPARTMENT OF TRANSPORTATION DISTRICT 3

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding that the applicant's claim was not barred by the statute of limitations. The Board affirmed that the employer's voluntary provision of medical treatment and indemnity benefits tolled the one-year statute of limitations under Labor Code § 5405 to the five-year period under § 5410. The defendant's notice disputing permanent disability benefits did not clearly deny all liability for the claim, thus failing to restart the one-year limitations period. The issue of new and further disability was premature and not addressed by the Board in this decision.

Statute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code § 5405Labor Code § 5410TollingNew and Further DisabilityWaiverEstoppelIndustrial Disability Leave (IDL)
References
13
Case No. MISSING
Regular Panel Decision

Ashmead v. Groper

The plaintiff appealed an order from the Supreme Court (Sullivan County), which dismissed their legal malpractice action against an attorney as barred by the Statute of Limitations. The plaintiff had initially retained the defendant attorney in 1981 for a workers' compensation claim, which closed in 1984 after an award for partial disability. In 1995, the plaintiff sued the attorney for negligence regarding the calculation of the average weekly wage. The Appellate Division affirmed the dismissal, rejecting the plaintiff's argument of continuous representation, stating that a professional's failure to act does not constitute such. The court found that the Statute of Limitations expired, at the latest, six years after the workers' compensation case closed in May 1984.

Legal MalpracticeStatute of LimitationsContinuous Representation DoctrineWorkers' CompensationAttorney NegligenceAppellate ReviewDismissalAffirmationNew York LawCivil Procedure
References
8
Case No. ADJ1882653 (VNO 0549022)
Regular
Jan 28, 2011

CESAR LOPEZ, SR. vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award finding industrial injury. The Board determined that while the defendant initially provided some medical treatment, thus triggering the five-year statute of limitations under Labor Code section 5410, this period was tolled. Once the defendant issued a denial notice on February 24, 2006, the one-year statute of limitations commenced, and the applicant's subsequent claim, filed more than one year after the denial, was consequently barred.

Workers' Compensation Appeals BoardStatute of LimitationsLabor Code Section 5410Labor Code Section 5405Industrial InjuryPetition for ReconsiderationFindings and AwardRescindedTollingDenial Letter
References
7
Case No. ADJ4398201 (SAC 0290129)
Regular
Oct 29, 2008

OCTAVIO BAEZ vs. BARRETT BUSINESS SERVICES

This case concerns an employer's appeal of a temporary total disability award beyond the five-year statute of limitations for an industrial injury. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings, finding that case law requires temporary disability to straddle the five-year anniversary of the injury. Specifically, a medical opinion is needed to determine if the applicant was temporarily disabled due to the industrial injury in January and February 2004, just before the five-year mark.

Temporary total disabilityStatute of LimitationsFive-year anniversaryNew and further disabilityTollingReconsiderationLabor Code section 5410Labor Code section 5803Labor Code section 5804Nickelsberg
References
6
Case No. ADJ10485403
Regular
Aug 01, 2018

ALVARO JACKSON vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board decision that dismissed his claim. The administrative law judge found the claim barred by the statute of limitations, as it was filed over five years after the alleged date of injury and the last provision of benefits. The applicant's arguments regarding a fraudulent DWC-1 form and doctor's opinions were deemed irrelevant to the statute of limitations issue. The Board dismissed the petition because the applicant failed to demonstrate grounds for reconsideration and did not address the controlling legal issue of the statute of limitations.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactDWC-1 forminadmissiblestatute of limitationsLabor Code section 5405(a)Labor Code section 5405(c)actual knowledgeWCJ
References
7
Case No. ADJ8509304
Regular
Jul 25, 2012

MARIBEL RODRIGUEZ ORTEGA vs. HINAS MERCY SOUTHWEST PHARMACY, STATE FARM & CASUALTY COMPANY

This case involves a statute of limitations defense raised by defendant State Farm. The applicant filed their claim over one year after receiving notice of file closure and more than five years after the date of injury. The Appeals Board granted State Farm's Petition for Removal, rescinding the prior order that took the matter off calendar. The Board found good cause to bifurcate the statute of limitations issue, allowing for a separate trial to determine its applicability. This decision aims to promote judicial economy and avoid unnecessary litigation expenses for all parties involved.

Petition for RemovalStatute of LimitationsBifurcationJudicial EconomyThreshold IssueOrder RescindedDecision After RemovalWorkers' Compensation Appeals BoardIndustrial InjuryPharmacy Technician
References
2
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