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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Cravotta v. New York City Employees' Retirement System

The petitioner, a New York City sanitation worker, sustained a knee injury after allegedly slipping on a sanitation truck step contaminated by a slippery substance from a dump site. His application for accidental disability retirement benefits from the New York City Employees’ Retirement System (NYCERS) was denied, as his injury was not deemed an "accident" under Retirement and Social Security Law § 605-b. The petitioner challenged this determination, but both the Supreme Court and the appellate court affirmed the denial. The courts found that the injury occurred during routine duties and was not so extraordinary or unexpected as to constitute an accidental injury.

Accidental disabilityRetirement benefitsSanitation workerKnee injurySlipping accidentRoutine dutiesNYCERSAdministrative determinationJudicial reviewAnnulment petition
References
7
Case No. ADJ1991870
Regular
Sep 07, 2010

TOM DRENNAN vs. SUPERIOR INSPECTION SERVICES, FIREMAN'S FUND INSURANCE COMPANY

This case involves an employer's petition for reconsideration of a WCJ's award finding industrial injury to the applicant's left knee, both hips, and gastrointestinal system as consequential to an admitted right knee injury. The defendant argues that a prior 2005 WCJ decision denying consequential injury to the left knee and hips is res judicata. The Appeals Board granted reconsideration, amending the award to remove the left knee and hip injuries, holding that the 2005 decision was final and the five-year time limit to reopen under Labor Code sections 5410 and 5804 had passed. The finding of consequential injury to the gastrointestinal system and 29% permanent disability remain affirmed.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCompensable ConsequencesRes JudicataIndustrial InjuryLeft KneeHipsGastrointestinal SystemPermanent Disability
References
2
Case No. MISSING
Regular Panel Decision

Brown v. New York City Employees' Retirement System

A maintenance employee for the New York City Housing Authority sustained a right knee injury in March 1978 during a mugging and reinjured it in May 1979 while moving a refrigerator. His application for accident disability retirement was denied by the New York City Employees’ Retirement System, whose medical board found no causal relationship between the 1978 incident and the disability, and no accident in 1979. Special Term initially vacated this determination, concluding the 1979 event was an accident. However, the Appellate Division reversed Special Term's judgment, holding that an injury occurring without an unexpected event during ordinary employment duties does not constitute an accidental injury. The court found that the petitioner failed to prove an unexpected event, as his knee merely 'gave way' while moving a refrigerator, and therefore dismissed the petition.

Accident Disability RetirementNew York City Employees’ Retirement SystemKnee InjuryPerformance of DutiesCausal RelationshipMedical Board OpinionCPLR Article 78Appellate ReviewAccidental Injury DefinitionBurden of Proof
References
3
Case No. MISSING
Regular Panel Decision

Clarke v. LR SYSTEMS

Walter Clarke, a 74-year-old former employee of Favorite Plastics, Inc., filed a products liability action against LR Systems and Lasits Rohline Service, Inc. for injuries sustained in an industrial accident on August 13, 1996. Clarke's right hand was pulled into an SG Granulator 300 machine, resulting in the loss of part of his thumb and injury to three fingers. He alleged negligence, strict products liability, and breach of warranty, claiming inadequate warnings and a design defect in the grinder. The court granted the defendant's motion for summary judgment on the failure-to-warn claim, finding Clarke was aware of the danger. However, the motion for summary judgment was denied on the defective design claims, ruling that the expert testimony regarding the feasibility of an interlocked guard was admissible.

Products LiabilityIndustrial AccidentGranulator MachineDesign DefectFailure to WarnSummary JudgmentExpert TestimonyNip Point HazardV-belt DriveMachine Safety
References
32
Case No. MISSING
Regular Panel Decision

Protter v. Nathan's Famous Systems, Inc.

The case involves Erwin Protter and his three fast-food franchise corporations suing Nathan's Famous Systems, Inc. and its officers for fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) violations. Protter alleged misrepresentations regarding training, profit margins, and the use of IPO funds, alongside omissions of material facts such as hidden costs and sales declines in other franchises, which he claimed induced him to purchase three Nathan's franchises. Defendants moved to dismiss the Amended Complaint, asserting it was time-barred and failed to state a claim. The Court granted the motion to dismiss the RICO claims with prejudice, citing plaintiffs' failure to plead a distinct enterprise from the persons, acquisition injury under §1962(b), and investment injury under §1962(a). Despite finding the allegations regarding another defrauded franchisee, Steven Lenter, potentially sufficient for an "open-ended scheme" to satisfy the pattern of racketeering requirement at the motion to dismiss stage, the specific deficiencies in the other RICO subsections led to their dismissal. Consequently, the remaining state law claims were dismissed without prejudice due to the lack of federal subject matter jurisdiction.

Franchise FraudRICO ViolationsRacketeering ActivityMotion to DismissFed.R.Civ.P. 12(b)(6)Fed.R.Civ.P. 9(b)Fraudulent MisrepresentationInvestment InjuryAcquisition InjuryEnterprise-Person Distinctness
References
56
Case No. MISSING
Regular Panel Decision
May 12, 1988

Torres v. New York City Employees' Retirement System

The petitioner, a Rikers Island correction officer, sought to annul the New York City Employees’ Retirement System’s denial of his application for accident disability retirement benefits. The Supreme Court affirmed the dismissal of the petition, finding that the Medical Board and Board of Trustees' determination was neither arbitrary nor capricious. The court found that the petitioner's injuries occurred after he completed his tour of duty and signed out, while leaving the premises on a Correction Department bus, not in the actual performance of city service. This decision was based on Administrative Code of the City of New York § 13-168, which requires injury during city service for eligibility. The court also clarified that eligibility for workers’ compensation benefits was not binding on the Medical Board for accident disability benefits, referencing Administrative Code § 13-176 (c).

accident disability retirementRikers Island correction officercity serviceNew York City Employees’ Retirement SystemMedical BoardBoard of TrusteesCPLR Article 78workers' compensationadministrative coderetirement benefits
References
3
Case No. MISSING
Regular Panel Decision

Cassarino v. New York City Employees' Retirement System

The petitioner sought accidental disability retirement benefits, but the Board of Trustees of the New York City Employees’ Retirement System denied the application on December 13, 2007. The Supreme Court reviewed this denial and found that the Board's determination was not arbitrary and capricious. The court reasoned that the petitioner's injuries arose from the performance of usual duties as a sanitation worker, citing prior cases. Furthermore, the court determined that the petitioner's slip or trip on a strap within a sanitation truck was not sufficiently extraordinary or unexpected to qualify as an 'accidental' injury under the law. Consequently, the Supreme Court affirmed the Board's denial of benefits.

Accidental DisabilityRetirement BenefitsSanitation WorkerNew York City Employees’ Retirement SystemJudicial ReviewAdministrative DeterminationInjury CausationOrdinary DutiesAppellate DivisionSocial Security Law
References
3
Case No. ADJ7688671
Regular
Jun 14, 2016

ZACHARY BAZILIUS vs. CITY OF TORRANCE

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The amendment corrected a clerical error finding injury to the applicant's left elbow and adjusted the reimbursement rate for lien claimant CLEA. The Board affirmed the remaining findings of injury to the applicant's back, neck, circulatory system, heart, gastrointestinal system, sleep disorder, urological system, and teeth, along with the awarded permanent disability. The Board also confirmed the applicant's entitlement to future medical treatment for the established injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgePolice OfficerSpecific InjuryPermanent DisabilityTemporary DisabilityQualified Medical EvaluationHypertensive Heart Disease
References
0
Case No. ADJ3767134 (VNO 0419005) ADJ195629 (VNO 0419004)
Regular
Mar 11, 2010

KATHY ROZA vs. DYNAMIC HOME CARE, INC., CLARENDON INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CREDIT GENERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied all petitions for reconsideration regarding an applicant's industrial injuries. The Board affirmed the original finding that the applicant sustained injuries to her low back and gastrointestinal system, but denied claims for psychological, hip, knee, and hypertension issues. The Board found no clerical error in the finding of gastrointestinal injury and clarified that Clarendon Insurance Company's obligation to pay permanent disability indemnity was distinct from CIGA's liability. Ultimately, the Board concluded that Clarendon's petition lacked merit and its obligation to pay the awarded permanent disability indemnity was clear.

Workers' Compensation Appeals BoardCIGAClarendon Insurance CompanyCredit General Insurance Companyliquidationlicensed vocational nurseindustrial injurieslow back injurygastrointestinal system injurytemporary disability indemnity
References
1
Case No. MISSING
Regular Panel Decision

Borenstein v. New York City Employees' Retirement System

This appeal addresses the proper standard for judicial review of a determination by the New York City Employees’ Retirement System (NYCERS) Medical Board regarding an applicant's physical disability for city-service. The respondent, an Assistant Deputy Warden, sought accidental disability retirement benefits after sustaining injuries at Rikers Island, but the Medical Board repeatedly found her not medically disabled despite conflicting medical opinions. While the Supreme Court initially dismissed her petition, the Appellate Division reversed, granting her pension. The Court of Appeals, however, reversed the Appellate Division, upholding the Medical Board’s determination as it was based on 'some credible evidence' and was not arbitrary or capricious. The court emphasized that the Medical Board has the authority to resolve conflicting medical evidence and that judicial review should not substitute its judgment for the Board's.

Judicial reviewDisability benefitsAccidental disabilityNYCERSMedical BoardCPLR Article 78Substantial evidenceArbitrary and capriciousAdministrative lawConflicting medical evidence
References
12
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