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

Case No. STK 0175350
Regular
Jul 08, 2008

FRANCIS NZIBO vs. KAISER PERMANENTE, CALIFORNIA WORKERS' COMPENSATION

This case involves applicant Francis Nzibo's claim for penalties against Kaiser Permanente for alleged unreasonable delay in providing cervical surgery. The Workers' Compensation Appeals Board is issuing a notice of intention to dismiss the petition for reconsideration as moot because there is no evidence presented as to whether the applicant has actually undergone the authorized surgery. If surgery was not performed, no compensation payment was delayed, rendering the penalty claim moot.

Moot petitionPetition for reconsiderationCervical surgeryUnreasonable delayMedical care provisionPenaltiesWCJ findingsLabor Code section 5814Authorization of surgeryFailure to present
References
0
Case No. 2015 NY Slip Op 05466 [129 AD3d 1058]
Regular Panel Decision
Jun 24, 2015

Torres v. St. Francis College

Oscar Torres, a janitor, sustained personal injuries after falling from a ladder while cleaning a basketball backboard at St. Francis College. He, along with his wife, brought an action against St. Francis College alleging common-law negligence and violations of Labor Law §§ 200 and 240 (1). The Supreme Court granted summary judgment to the defendant, dismissing these causes of action. The Appellate Division, Second Department, affirmed the judgment, finding that the injured plaintiff's work constituted routine maintenance not covered by Labor Law § 240 (1). The court also found no evidence that the defendant created or had notice of a dangerous condition, or had the authority to supervise the plaintiff's work methods, thus dismissing claims under Labor Law § 200 and common-law negligence.

Personal InjuryLabor LawWorkplace SafetySummary JudgmentAppellate ReviewRoutine MaintenanceElevation RisksCommon-Law NegligenceLadder FallPremises Liability
References
17
Case No. MISSING
Regular Panel Decision

Meling v. St. Francis College

Barbara Meling sued St. Francis College and its president, Donald Sullivan, alleging wrongful termination due to physical disabilities, violating the Americans with Disabilities Act and the Rehabilitation Act. A jury found in Meling's favor, awarding $225,000 in compensatory damages and $150,000 in punitive damages. The defendants' motions for judgment as a matter of law, a new trial, and to set aside punitive damages were denied, upholding the jury's verdicts. The court also granted Meling $141,251 in back pay with interest and ordered her reinstatement as an Assistant Professor of Physical Education. However, her request for reinstatement with tenure was denied, as the court opted not to intervene in the university's tenure decision-making process.

Disability discriminationWrongful terminationAmericans with Disabilities ActRehabilitation ActCompensatory damagesPunitive damagesBack payReinstatementTenureAcademic freedom
References
24
Case No. 2017 NY Slip Op 03157
Regular Panel Decision
Apr 26, 2017

Grella v. St. Francis Hospital

Patricia Grella appealed a Supreme Court order that granted summary judgment dismissing her complaint against St. Francis Hospital and Heart Center Federal Credit Union. Grella alleged unlawful age discrimination under the Human Rights Law and retaliation under Labor Law § 215, stemming from her separation from employment in 2011. She contended she was discharged due to her age (50 and replaced by a 25-year-old) and in retaliation for complaining about an inconsistent vacation day policy. The Appellate Division, Second Department, affirmed the lower court's decision. While the court acknowledged triable issues of fact regarding Grella's prima facie age discrimination claim, it ultimately found that the defendants had presented legitimate, non-discriminatory reasons for her termination (aggressive behavior) and that Grella failed to demonstrate these reasons were a pretext for discrimination. Furthermore, her retaliation claim failed as she did not identify a specific provision of the Labor Law that she reasonably believed was violated.

Age DiscriminationRetaliationSummary JudgmentHuman Rights LawLabor LawPrima Facie CasePretextAppellate ReviewEmployment LawDischarge
References
25
Case No. 2019 NY Slip Op 06028
Regular Panel Decision
Aug 01, 2019

Matter of Francis v. Buckbee Mears Cortland

Claimant Michelle I. Francis sustained a work-related back injury in 1995, receiving benefits until 2003 when liability shifted to the Special Fund for Reopened Cases. After a request for medical treatment in 2010 was resolved without prejudice, claimant successfully sought authorization for lumbar surgery in 2015. However, a subsequent request for lost wage compensation in 2016 was opposed by the Special Fund, which argued that Workers' Compensation Law § 123 barred further awards. The Workers' Compensation Board agreed, finding the case truly closed as of January 12, 2011, and that more than 18 years had passed since the injury and eight years since the last payment. Claimant appealed this Board decision, but the Appellate Division, Third Department, dismissed the appeal as untimely, noting that the notice of appeal was filed beyond the 30-day statutory period.

Untimely AppealStatute of LimitationsReopened CasesSpecial FundIndemnity BenefitsLumbar SurgeryWorkers' Compensation LawAppellate DivisionClaim ClosureBoard Decision
References
2
Case No. 2023 NY Slip Op 00951 [213 AD3d 555]
Regular Panel Decision
Feb 21, 2023

Francis v. 3475 Third Ave. Owner Realty, LLC

Plaintiff Benedict Francis appealed the denial of his motion for summary judgment on Labor Law §§ 240 (1) and 241 (6) claims against various defendants, and the granting of summary judgment to 3475 Third Avenue MM LLC dismissing the complaint. The appellate court found that the plaintiff made a prima facie showing of entitlement to summary judgment on his Labor Law § 240 (1) claim, as his testimony indicated his injuries were proximately caused by the collapse of unsecured scaffold planks, leading to a 16-foot fall. The court rejected the defendants' argument that plaintiff was the sole proximate cause, reiterating that a statutory violation precludes such a defense. Consequently, the court modified the order to grant plaintiff's motion on the Labor Law § 240 (1) claim against 3475 Third Avenue Owner Realty, LLC, Real Builders, Inc., and 3475 Third Avenue Housing Development Fund, and otherwise affirmed the lower court's decision, thus not needing to address the Labor Law § 241 (6) claim.

Scaffold CollapseSummary JudgmentProximate CauseRecalcitrant Worker DefenseStatutory ViolationConstruction AccidentWorkplace SafetyAppellate ReviewPersonal Injury ClaimProperty Owner Liability
References
3
Case No. MISSING
Regular Panel Decision

New York Ex Rel. Spitzer v. Saint Francis Hospital

The State of New York initiated an antitrust action against St. Francis Hospital, Vassar Brothers Hospital, and Mid-Hudson Health, alleging violations related to rate-fixing and market division. Following a Final Consent Judgment, a dispute arose regarding St. Francis's claim for cardiac services payment from Vassar during the dissolution of Mid-Hudson. Vassar moved the court to construe the Final Consent Judgment. The court ruled that St. Francis's payment claim was precluded and mandated St. Francis's participation in Mid-Hudson's voluntary dissolution. Furthermore, the court ordered the State to notify the New York State Department of Health of this decision to support Vassar's cardiac catheterization laboratory application.

Antitrust LawConsent Judgment InterpretationHospital MergerMarket DivisionRate FixingCardiac ServicesDissolution of EntityContract DisputeNew York State Department of HealthJudicial Preclusion
References
26
Case No. MISSING
Regular Panel Decision

Francis v. Chemical Banking Corp.

Plaintiff Donahue Francis sued his former employer, Chase Manhattan Bank, alleging race and disability discrimination, and hostile work environment under Title VII, the New York State Human Rights Law (HRL), and the Americans with Disabilities Act (ADA). Francis claimed racial harassment and asserted he suffered from panic disorder with agoraphobia. The court granted defendant's motion for summary judgment, dismissing all federal claims, including those for race discrimination, hostile work environment, failure to promote, denial of salary increases, and retaliation. The court concluded that Francis failed to establish a prima facie case for most claims and did not demonstrate his panic disorder substantially limited a major life activity under the ADA. The remaining state law claims for disability discrimination and intentional infliction of emotional distress were dismissed without prejudice as the court declined to exercise supplemental jurisdiction.

Race DiscriminationDisability DiscriminationHostile Work EnvironmentTitle VIIAmericans with Disabilities Act (ADA)New York State Human Rights Law (HRL)Summary JudgmentPanic DisorderAgoraphobiaRetaliation Claim
References
35
Case No. MISSING
Regular Panel Decision
Jan 25, 2016

Francis v. Wyckoff Heights Medical Center

Plaintiff Pauline Francis, a former Emergency Department Technician at Wyckoff Heights Medical Center, brought suit against her employer and supervisor Betty O'Hagan for disability discrimination and failure to accommodate under the ADA, NYSHRL, and NYCHRL. Francis, a breast cancer survivor suffering from lymphedema, alleged her frequent absences due to her condition were tolerated until Ms. O'Hagan's strict enforcement of attendance policies led to her termination. The court granted defendants' motion for summary judgment, finding that while Francis was disabled, she failed to demonstrate she was 'otherwise qualified' for her job, as regular and predictable attendance was an essential function that could not be reasonably accommodated by unlimited sick days or unavailable light duty. Consequently, ADA claims were dismissed with prejudice, and state law claims were dismissed without prejudice due to declining supplemental jurisdiction.

Disability DiscriminationAmericans with Disabilities ActEmployment LawSummary JudgmentReasonable AccommodationLymphedemaBreast Cancer SurvivorAbsenteeismTermination of EmploymentEastern District of New York
References
56
Case No. MISSING
Regular Panel Decision

In re Francis M.

This is an appeal from an amended judgment of the Supreme Court in Columbia County concerning a guardianship proceeding. The Supreme Court had granted James M.'s motion to remove Bernard M. as coguardian of their brother, Francis M., an incapacitated person. Bernard M. and James M. were initially appointed coguardians in 1997, but disagreements arose over Francis M.'s care, particularly regarding Bernard M.'s allegedly demeaning treatment. The Supreme Court removed both brothers as guardians, finding neither suitable, and appointed standby guardian Joann M. Bernard M. appealed, arguing insufficient evidence for his removal and an error in appointing Joann M., but the appellate court affirmed the judgment, deferring to the trial court's credibility determinations.

GuardianshipIncapacitated PersonRemoval of GuardianCoguardianBest InterestMental Hygiene LawJudicial DiscretionStandby GuardianAppellate ReviewFamily Dispute
References
7
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