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

Case No. No. 13
Regular Panel Decision
Mar 28, 2019

The People v. Omar Alvarez

Omar Alvarez appealed the denial of his writ of error coram nobis, alleging ineffective assistance of appellate counsel. He claimed his original appellate counsel failed to challenge his 66 ⅔ years to life sentence as unduly harsh, submitted a deficient brief, and communicated poorly. The New York Court of Appeals affirmed, ruling that counsel provided meaningful representation, highlighting the discretion afforded to appellate attorneys in selecting arguments. The court found no strategic reason for counsel to pursue an excessive sentence claim given the violent crimes and Alvarez's conduct. Dissenting opinions, however, criticized counsel's overall performance, particularly the brief's quality and the missed opportunity to argue for a sentence reduction, especially considering the defendant's youth at the time of the offense.

Ineffective Assistance of CounselAppellate CounselCoram NobisSentence ReviewUnduly Harsh SentenceMeaningful RepresentationCriminal Procedure LawCourt of AppealsNarcotics TraffickingHomicide Conviction
References
50
Case No. MISSING
Regular Panel Decision
Jul 14, 1998

Alvarez v. Jamnick Realty Corp.

The plaintiff Orlando Alvarez, an employee of Tru-Tone Metal Products, Inc., was injured at work and received Workers’ Compensation benefits. The plaintiffs then commenced an action against Jamnick Realty Corp., the building owner, and James Murtha, the sole shareholder of both Tru-Tone and Jamnick, alleging failure to maintain the premises. The Supreme Court denied the defendants' motion for summary judgment and granted the plaintiffs' cross-motion to strike the affirmative defense of Workers' Compensation exclusivity. The Appellate Division modified the order, granting summary judgment in favor of James Murtha, dismissing the complaint against him, and denying the plaintiffs’ cross motion to strike the affirmative defense, finding a triable issue of fact regarding Jamnick Realty Corp. being an alter ego of Tru-Tone.

Personal InjuryWorkers' Compensation ExclusivitySummary JudgmentAlter Ego DoctrineCorporate VeilPremises LiabilityShareholder LiabilityAppellate DivisionAffirmative DefenseMotion to Strike
References
4
Case No. 534352
Regular Panel Decision
Sep 01, 2022

In the Matter of the Claim of Francisco Leon

Claimant Francisco Leon, a construction worker, sought workers' compensation benefits for injuries sustained on January 30, 2020, after falling from a scaffold. The employer, Monadnock Construction Inc., and its carrier disputed the claim, but a Workers' Compensation Law Judge established the claim, a decision subsequently affirmed by the Workers' Compensation Board. The carrier appealed the Board's ruling, contending it lacked substantial evidence. The Appellate Division affirmed the Board's decision, emphasizing that the Board holds broad authority in factual determinations, including witness credibility and drawing reasonable inferences from evidence. The court concluded that substantial evidence supported the Board's finding that Leon's injuries arose out of and in the course of his employment.

Workers' Compensation BenefitsScaffold AccidentWork-related InjuryAccidental Injury ClaimAppellate ReviewFactual DeterminationsSubstantial Evidence ReviewMedical EvidenceCredibility AssessmentEmployer Liability
References
9
Case No. MISSING
Regular Panel Decision

Alvarez v. IBM Restaurants Inc.

Plaintiffs Lucio Alvarez, et al., filed a putative collective action against IBM Restaurants, Roger Bedoian, Daniel Iannucci, and Vincenzo Iannucci, alleging unpaid overtime and minimum wage violations under the Fair Labor Standards Act (FLSA) and New York State Labor Law. The plaintiffs moved for conditional certification of the class and to facilitate notice. The court granted the motion for conditional certification, establishing a class of employees who worked for the defendants in the last three years. The court further directed the parties to submit a revised Notice of Pendency, limiting the notice period to three years based on the FLSA's statute of limitations for willful violations, and ordered the defendants to produce a list of putative class members from November 4, 2007, to the present. The court also instructed that the revised notice should include minimum wage claims and deferred the defendants' request for removal of specific defendants.

FLSANew York State Labor LawCollective ActionConditional CertificationOvertime PayMinimum WageWage and HourStatute of LimitationsNotice of PendencyEmployee Rights
References
28
Case No. 2017 NY Slip Op 04241
Regular Panel Decision
May 31, 2017

Alvarez v. Vingsan Ltd. Partnership

Franklin G.S. Alvarez was injured after falling from an unsecured ladder while installing sheetrock at premises owned by Vingsan Limited Partnership and leased by JP Morgan Chase Bank, N.A. He, along with his wife, sued alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), common-law negligence, and loss of consortium. Initially, procedural errors led to denials of summary judgment motions. Upon reargument, the Supreme Court granted the plaintiffs' cross-motion for summary judgment on the issue of liability under Labor Law § 240 (1) and denied JP Morgan's cross-motion to dismiss that cause of action. The Appellate Division, Second Department, affirmed this decision, concluding that the plaintiffs made a prima facie showing of entitlement to judgment under Labor Law § 240 (1) and JP Morgan failed to raise a triable issue of fact.

Ladder AccidentConstruction Site InjuryLabor Law § 240 (1)Summary JudgmentAppellate DivisionPremises LiabilityProximate CauseWorker SafetyUnsecured LadderReargument
References
11
Case No. MISSING
Regular Panel Decision

Alvarez v. City of New York

Plaintiff Gil Q. Alvarez, a New York City police officer, sought a temporary restraining order and preliminary injunction against the NYPD and the City of New York. Alvarez contended that the defendants retaliated against him for refusing to participate in a police brutality cover-up and for filing a prior discrimination lawsuit. District Judge Chin denied the requests, ruling that Alvarez failed to show irreparable harm and was unlikely to succeed on the merits. The court noted Alvarez's attorney had invited the investigation to clear his client's name and that many claims were likely barred by a prior settlement and general release. Federalism and comity considerations also weighed against federal court intervention in the ongoing municipal agency inquiry.

RetaliationPolice MisconductInternal Affairs InvestigationTemporary Restraining OrderPreliminary InjunctionFirst Amendment RightsTitle VII ClaimNew York State Human Rights LawIrreparable HarmLikelihood of Success
References
22
Case No. ADJ8748359, ADJ8748358
Regular
Oct 05, 2015

MARIA TERESA ALVAREZ vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration of a decision concerning applicant Maria Teresa Alvarez and defendant Barrett Business Services, Inc. This action was taken due to the defendant's petition for reconsideration and the WCAB's initial review indicating a need for further study of the factual and legal issues. The WCAB will now conduct further proceedings to reach a just and reasoned decision. All future correspondence regarding this petition must be filed directly with the WCAB Commissioners in San Francisco, not with district offices or through the EAMS system.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationPermissibly Self-InsuredCase NumbersStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the Commissioners
References
0
Case No. MISSING
Regular Panel Decision

Alvarez v. Bowen

Plaintiff Jose Alvarez challenged the Secretary of Health and Human Services' denial of disability benefits under the Social Security Act. The court reviewed cross-motions for judgment on the pleadings. The court determined that the Administrative Law Judge (ALJ) failed to ensure Alvarez's voluntary waiver of counsel, did not inform him of his rights to call and cross-examine witnesses, and inadequately developed the record. Specifically, the ALJ's questioning of a medical expert and a vocational expert was deemed insufficient, and the hypothetical posed to the vocational expert was flawed. Consequently, the court reversed the Secretary's decision and remanded the case for a new hearing consistent with its opinion.

Disability BenefitsSocial Security ActAdministrative Law JudgeRemandRight to CounselDue ProcessCross-examinationVocational ExpertMedical EvidenceSubstantial Evidence
References
23
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
0
Case No. ADJ2977853 (SAC 0127853)
Regular
Dec 03, 2010

JORGE ALVAREZ vs. PEREZ FARMS & ASSOCIATES, STATE COMPENSATION INSURANCE FUND

This case concerns applicant Jorge Alvarez's petition for reconsideration of a prior Board decision that deferred calculation of a life pension and associated attorney's fee. The Board dismissed Alvarez's petition, finding it premature and not ripe for reconsideration as it did not challenge a final order determining substantive rights or liabilities. The prior decision simply returned the matter to the trial level for further proceedings, meaning no party was yet aggrieved. Therefore, the Board found the petition to be procedurally improper and dismissed it.

Workers Compensation Appeals BoardPetition for ReconsiderationLife PensionAttorney's FeeFinal OrderSubstantive RightsLiabilityWCJFindings Award OrderCost of Living Adjustment
References
3
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