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Case Law Database

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

Case No. CV-23-0298
Regular Panel Decision
Feb 15, 2024

In the Matter of the Claim of Gayle Leonard

Gayle Leonard, an alteration seamstress, filed a workers' compensation claim after contracting COVID-19 at work. The employer and its carrier controverted the claim, arguing it was not a causally-related injury. A Workers' Compensation Law Judge (WCLJ) initially established the claim for occupationally contracted COVID-19. The Workers' Compensation Board affirmed this decision, finding that Leonard demonstrated specific exposure to COVID-19 in the workplace through interactions with a coworker who tested positive. The Board also concluded that Leonard was entitled to the presumption of compensability under Workers' Compensation Law § 21, which the carrier failed to rebut, having waived the right to an independent medical exam. The Appellate Division affirmed the Board's decision, ruling that contracting COVID-19 in the workplace can qualify as an unusual hazard and is compensable. The court found substantial evidence supported the Board's determination of a work-related injury due to specific exposure and upheld the application of the statutory presumption, concluding that a causal connection between the injury and employment was established.

COVID-19Workers' CompensationAccidental InjuryWorkplace ExposurePresumption of CompensabilityCausal ConnectionAppellate ReviewSubstantial EvidenceAlteration SeamstressOccupational Illness
References
6
Case No. MISSING
Regular Panel Decision

People v. Gayle

This case concerns the appeal of a defendant convicted of two counts of first-degree robbery in Bronx County. The defendant's motion to vacate the judgment under CPL 440.10 was denied without a hearing, leading to consolidated appeals. The appellate court remanded for a hearing on potential Rosario or Brady violations, specifically regarding witness testimony and a police officer's report. Ultimately, the trial court found no such violations. The appellate court affirmed both the original judgment and the denial of the motion to vacate, concluding that any alleged error was not compelling enough for review.

RobberyFirst Degree RobberyCriminal ProcedureCPL 440.10 MotionCPL 240.45Rosario ViolationBrady ViolationWitness TestimonyEyewitness IdentificationAppellate Review
References
5
Case No. ADJ8700541
Regular
Oct 17, 2019

ZAHRA STEPHENS vs. COX ENTERPRISES, INC.

The Appeals Board granted reconsideration to review the WCJ's finding of permanent and total disability based on the opinions of a psychologist, Dr. Windman, and a vocational expert, Mr. Wilkinson. The Board found that Dr. Windman's opinion lacked substantial evidence due to inconsistencies, inadequate record review, and conflicts with other medical opinions. Consequently, Mr. Wilkinson's vocational opinion, which relied heavily on Dr. Windman's findings, was also deemed not substantial evidence. The case is remanded to the trial level for further proceedings and a new determination of permanent disability.

Workers' Compensation Appeals BoardReconsiderationPermanent Total DisabilityMedical OpinionVocational ExpertSubstantial EvidencePQMENeurologistPsychologistOrthopedist
References
10
Case No. ADJ1058061 (POM 0243061) ADJ2841042 (POM 0243062) ADJ1124442 (VNO 0503383)
Regular
Nov 26, 2018

LEONARD GAYLES vs. CITY OF POMONA, ADMINSURE

The Appeals Board rescinded a WCJ's award of attorney fees totaling $35,640.75 based on permanent disability advances. The defendant argued the WCJ erred by not addressing credit for prior attorney fees paid and that the fee calculation was excessive. The Board remanded the case for further proceedings to address the credit issue and reconsider the attorney fee award. The Board expressed no final opinion on the merits of the defendant's contentions.

Workers' Compensation Appeals BoardPermanent disability advancesAttorney fee lienLabor CodeSanctionsPenaltyPetition for reconsiderationCredit for prior paymentsPretrial Conference StatementMaster file
References
0
Case No. ADJ7944027
Regular
Sep 03, 2013

MELVIN VALDEZ vs. NEVA GAYLE FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to overturn a judge's orders dismissing a lien claim and imposing sanctions. The WCAB found the judge erred by dismissing the lien without providing proper notice and opportunity to be heard to the lien claimant. Additionally, the judge improperly sanctioned the attorney without prior notice and a chance to respond. The case is returned for further proceedings, emphasizing the need to follow procedural rules.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationWCJDismissed lienSanctionFrivolous petitionDue processNotice of intention to dismissLien activation fee
References
2
Case No. 2024 NY Slip Op 00837 [224 AD3d 1063]
Regular Panel Decision
Feb 15, 2024

Matter of Leonard v. David's Bridal, Inc.

Claimant, an alteration seamstress for David's Bridal, Inc., sought workers' compensation benefits after contracting COVID-19. The employer and its carrier appealed a decision by the Workers' Compensation Board, which established the claim for an occupationally contracted COVID-19. The Board found that the claimant demonstrated specific exposure to COVID-19 at work from a coworker, thus entitling her to the presumption of compensability under Workers' Compensation Law § 21. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding of a work-related injury and that the carrier failed to rebut the presumption, despite medical professionals not providing a conclusive opinion on the exact location of contraction.

COVID-19 ClaimWorkplace ExposurePresumption of CompensabilityOccupational DiseaseAppellate ReviewCausal ConnectionSubstantial EvidenceEmployer LiabilityInjury AffirmationJudicial Precedent
References
6
Case No. ADJ4602757 (LBO 0396075)
Regular
Sep 08, 2014

Janice Jablonski vs. Covina Valley Unified School District, York Risk Services Group

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the report of Dr. Windman, relied upon by the WCJ for a portion of the permanent disability rating, did not constitute substantial medical evidence due to an inadequate medical history. Consequently, the Board rescinded the original Findings and Award. The case was returned to the WCJ for a new permanent disability rating, to be based solely on the report of the panel Qualified Medical Evaluator, Dr. Justice.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingSubstantial Medical EvidenceAgreed Medical ExaminerQualified Medical EvaluatorRange of EvidenceInadequate Medical HistoryIndustrial Injury
References
0
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