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

Case No. 92 Civ. 4884 (RJW)
Regular Panel Decision

PEOPLE OF STATE OF NY BY ABRAMS v. Foreman

Plaintiffs, the People of the State of New York, moved for civil contempt against Joseph Foreman, Patrick Mahoney, and Robert Sehenck for violating a Preliminary Injunction issued on July 13, 1992, in People v. Operation Rescue Nat’l. The injunction prohibited presenting a fetus to Governor Bill Clinton. Defendants Foreman and Sehenck, along with Harley David Belew, discussed plans to present a fetus ("Baby Nathan") to Governor Clinton during the Democratic National Convention. Despite being aware of the injunction, Foreman and Sehenck facilitated Belew's actions by providing lodging and failing to dissuade him. The Court found Foreman and Sehenck in civil contempt, concluding they aided and abetted the violation. The decision highlighted their clear noncompliance, lack of reasonable diligence, and willful disregard for the judicial decree, and held them liable for liquidated damages as stipulated by the injunction.

Civil ContemptPreliminary InjunctionAiding and AbettingFetus PresentationAbortion ProtestJudicial Decree ViolationDemocratic National ConventionWillful DisobedienceLiquidated DamagesCourt Order Enforcement
References
11
Case No. ADJ1152468 (MON 0356199)
Regular
Sep 08, 2009

TROY FOREMAN vs. WARNER BROTHERS STUDIO ENTERPRISES

This case concerns a dispute over workers' compensation benefits following an industrial injury sustained by applicant Troy Foreman. The employer, Warner Brothers Studio Enterprises, sought reconsideration of a prior ruling. Key issues included the date applicant reached maximum medical improvement, the employer's obligation regarding returning the applicant to work, and the correct permanent disability indemnity rate. The Appeals Board granted reconsideration, affirming the prior award's core findings but amending specific details regarding notice of work offer, attorney fees, and the permanent disability indemnity rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityPermanent Disability IndemnityLabor Code Section 4658Notice of Offer of Regular WorkRegular WorkModified WorkClerical ErrorFindings and Award
References
0
Case No. MISSING
Regular Panel Decision
Apr 22, 2009

Ramirez v. Willow Ridge Country Club, Inc.

This judgment affirms the dismissal of a complaint after a jury trial in New York County. The plaintiff, injured during demolition work at Willow Ridge Country Club, Inc., claimed he fell from a deck with a removed railing, while the foreman stated he fell from ladders while pulling a gutter. The jury found a Labor Law § 240 (1) violation but determined it was not the proximate cause, accepting the foreman's account. The appellate court upheld the verdict, addressing the plaintiff's challenges regarding jury instructions on attorney-client privilege and the preclusion of an unsigned deposition transcript under CPLR 3116. The court found no grounds to overturn the jury's decision or the trial court's rulings.

Demolition accidentJury verdictLabor Law violationProximate causeCPLR 3116Attorney-client privilegeAppellate affirmancePersonal injuryConstruction safetyWitness testimony
References
10
Case No. MISSING
Regular Panel Decision

Trueba v. Flota Bananera Ecuadorian Lines, Inc.

Plaintiff Chris Trueba, a longshoreman, initiated a personal injury action against Flo-ta Bananera Ecuadorian Lines, Inc. The case was tried on the sole issue of liability after Trueba slipped on a wet deck and fell over a lashing chain on the defendant's vessel. Trueba, a ship foreman, admitted he could have easily moved the chain but chose to step over it. The court found that the defendant shipowner did not breach its duty of care as it was reasonable to expect the experienced stevedore and foreman (Trueba) to clear such an obstruction. Furthermore, the court determined that Trueba failed to establish a causal relationship between the defendant's conduct and his injuries, concluding that he caused his own injury by failing to clear the passageway. Consequently, the defendant's motion for dismissal was granted.

Personal InjuryMaritime LawLongshoremenHarbor WorkersShipowner LiabilityNegligenceProximate CauseDuty of CareDismissalFederal Rules of Civil Procedure
References
12
Case No. MISSING
Regular Panel Decision
Feb 16, 1983

Claim of Grow v. Chevrolet

Claimant, an automobile body repairman, sustained a back injury on January 6, 1981, while at work, and alleged he advised his foreman of the injury. The foreman denied a specific injury complaint, noting only general back complaints. Claimant sought chiropractic and orthopedic care in March and April 1981, ceasing work on April 3, 1981. Although he reported the injury to the employer's service director and bookkeeper, he failed to complete a provided "C-2 Employers Report of Injury" form. After being terminated in July 1981, he filed a claim for benefits on September 2, 1981. The Workers’ Compensation Board denied his application, finding it untimely filed in violation of section 18 of the Workers’ Compensation Law. The decision was affirmed on appeal, as substantial evidence supported the board's finding that claimant failed to provide timely notice and did not establish that the delay was not prejudicial.

Timeliness of claimNotice of injuryWorkers Compensation LawPrejudice to employerCredibility findingFactual questionBack injury claimMedical consultationEmployer reporting requirementsDelay in filing
References
5
Case No. ADJ950622 (LAO 0873994)
Regular
Mar 06, 2017

Frances Foreman vs. TARGET CORPORATION

The Workers' Compensation Appeals Board granted reconsideration to amend a previous award, finding that the applicant was continuously temporarily disabled from October 26, 2006, to August 6, 2008. This adjustment was based on medical reports confirming the applicant's psychiatric condition preventing return to work. The Board affirmed the previously determined 55% permanent disability rating and awarded additional temporary disability benefits. Attorney fees were calculated at 15% of the newly awarded temporary disability indemnity and the permanent disability benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings Award & OrdersIndustrial InjuryLumbar SpinePsycheSleep DisorderPermanent DisabilityTemporary DisabilityPermanent and Stationary
References
2
Case No. ADJ3456844 (MON 0310036) ADJ2277052 (MON 0310037) ADJ925461 (MON 0331837)
Regular
Oct 12, 2009

SHARLA FOREMAN vs. ORANGE COUNTY PERFORMING AFTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility SEDGWICK CMS for VILLANOVA INSURANCE COMPANY in liquidation

Reconsideration granted; WCJ's decision rescinded; matter returned for further proceedings.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAVillanova Insurance CompanySedgwick CMSReconsiderationCompromise and ReleaseCumulative TraumaPeriod of InjuryContribution Proceedings
References
3
Case No. ADJ632345
Regular
Nov 18, 2008

MICHAEL GREEN vs. PATRIOT ENTERPRISES dba PATRIOT PLUMBING

The Workers' Compensation Appeals Board affirmed the finding that defendant Patriot Enterprises committed serious and willful misconduct causing the applicant's industrial injury. The Board found the defendant's foreman witnessed and failed to address dangerous conduct (working at heights without fall protection) that led to the injury. This failure, along with other evidence, supported the $50\%$ compensation increase for the applicant.

Serious and Willful ViolationPatriot EnterprisesPlumberIndustrial InjuryLabor Code section 4553Petition for ReconsiderationBurden of ProofDangerous ConditionOSHA investigatorAllan Johns
References
1
Case No. MISSING
Regular Panel Decision
Jul 08, 1985

Picciotto v. Molloy College

Carmine Picciotto, a worker, sustained personal injuries after falling from a scaffold on the defendant's premises. He alleged the scaffold board was improperly short, leading to the accident. However, the defendant presented testimony from its job foreman and superintendent, who asserted the scaffold was stable. The court found that the plaintiffs failed to demonstrate the scaffold lacked proper protection under Labor Law § 240. Consequently, the jury's verdict in favor of the defendant and the trial court's denial of a motion to set aside the verdict were affirmed on appeal.

Personal InjuryScaffold AccidentLabor LawAbsolute LiabilityContributory NegligenceJury VerdictAppellate ReviewWorker SafetyPremises LiabilityDamages
References
9
Case No. 2020 NY Slip Op 00977 [180 AD3d 466]
Regular Panel Decision
Feb 11, 2020

People v. Cueva

The Appellate Division, First Department, affirmed the judgment convicting defendant Wilmer Cueva of criminally negligent homicide and reckless endangerment. Cueva, a construction foreman, was found to have personally ordered unsafe actions resulting in a fatal trench collapse. The court rejected the defendant's unpreserved legal insufficiency claim and found the verdict supported by overwhelming evidence. Furthermore, the court found no error in the jury instructions, the admission of gruesome autopsy photos, or the denial of defendant's motion to suppress his statements.

criminally negligent homicidereckless endangermenttrench collapse fatalityconstruction safety violationsforeman liabilityappellate affirmationsufficiency of evidencejury instruction reviewautopsy photo admissibilitysuppression motion
References
5
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