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

Case No. ADJ1315954 (MON 0356740)
Regular
Jul 01, 2014

GUILLERMINA MEJIA vs. ATLAS RESOURCES, INC., LIBERTY MUTUAL FIRE INSURANCE CO.

The Appeals Board dismissed the defendant's untimely petition for reconsideration of an order to pay a lien. The Board then granted removal and rescinded a subsequent order that had vacated the lien payment, effectively reinstating the original lien payment order. This decision was based on the defendant's failure to timely challenge the initial order. The Board noted this was a harsh result due to procedural missteps.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder to Pay Lien ClaimWCJWCAB Rule 10859RemovalDue ProcessTimelinessFinal Order
References
5
Case No. LAO 0813916 LAO 0813917
Regular
Aug 20, 2007

SANDRA MCGHEE vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY, THE TRAVELERS et al.

The applicant's claims for workers' compensation benefits were dismissed for lack of prosecution due to counsel's failure to file medical reports and respond appropriately. The Appeals Board granted reconsideration, rescinding the dismissal order to allow a hearing on whether good cause exists to dismiss the claims. This decision prioritizes hearing cases on their merits over penalizing an applicant for attorney inadvertence, particularly given the harshness of dismissal.

ReconsiderationJoint Order of DismissalLack of ProsecutionExcusable NeglectInadvertencePetition for ReconsiderationReport and RecommendationRescindReturn to Trial LevelGood Cause
References
2
Case No. MISSING
Regular Panel Decision
Apr 03, 2001

People v. Zaker

Defendant appealed a judgment convicting him of rape, sexual abuse, and sodomy. He contended he was denied a fair trial due to untimely disclosure of an audiotape (Brady material) and the denial of a continuance. The court rejected the Brady claim, finding the audiotape was not exculpatory. The court also found no abuse of discretion in denying the mid-trial continuance request. The verdict was upheld as not against the weight of the evidence, and the sentence was deemed not unduly harsh or severe.

Rape First DegreeSexual Abuse First DegreeSodomy First DegreeBrady ViolationRosario DisclosureContinuance DenialWeight of EvidenceSentence ReviewNonjury TrialAppellate Review
References
5
Case No. MISSING
Regular Panel Decision
Mar 20, 1987

People v. Woods

Defendant was convicted of two counts of robbery in the second degree after a jury trial. During the robbery, he pointed what appeared to be a gun at the complainant, taking his watch. Office workers intervened, detaining him until police arrived, where he was found with two imitation guns. The court admitted the recovered watch despite late disclosure, denying a mistrial, and allowed questioning on prior felony facts after the defendant "opened the door". The jury instruction on reasonable doubt was found proper, and the sentence was not deemed unduly harsh.

RobberyCriminal ConvictionJury TrialSentencingSecond Violent Felony OffenderEvidence AdmissibilityMistrialCross-ExaminationSandoval RulingReasonable Doubt
References
9
Case No. MISSING
Regular Panel Decision

Local 453, International Union of Electrical, Radio & MacHine Workers v. Otis Elevator Co.

A union moved for a preliminary injunction to compel an employer to reinstate an employee discharged for violating a company rule prohibiting gambling. The employee was convicted for possessing policy slips on premises during working hours. An arbitrator had previously reinstated the employee without back pay, finding discharge too harsh. The employer argued the arbitrator exceeded his power. The court denied the union's motion, ruling that the arbitration award clashed with public policy against organized gambling and that granting the injunction would be unconscionable and aid law-breaking.

Preliminary InjunctionArbitration Award EnforcementLabor-Management RelationsEmployee DischargeGamblingPublic PolicyJudicial ReviewCollective BargainingJust CauseIrreparable Harm
References
13
Case No. 2025 NY Slip Op 00700 [235 AD3d 1038]
Regular Panel Decision
Feb 06, 2025

People v. Lister

Defendant appealed a judgment revoking her probation and imposing a term of imprisonment. The County Court revoked probation after finding defendant violated conditions by failing to make restitution payments and unilaterally altering prescribed medication dosages. The appellate court found that defendant's admitted alteration of medication, despite being advised against it, was sufficient to discharge the People's burden of proof. The court also determined that defendant's explanations for her actions were insufficient. The appellate court affirmed the judgment, concluding that the resentence was not unduly harsh given defendant's history of noncompliance.

Probation ViolationIdentity TheftRestitutionSelf-medicationAppellate ReviewResentencingCriminal Procedure LawPreponderance of EvidenceJustifiable ExcuseWaiver of Appeal
References
5
Case No. 2024 NY Slip Op 01775 [226 AD3d 403]
Regular Panel Decision
Apr 02, 2024

Matter of D.B. (Larry B.)

The Appellate Division, First Department, affirmed the Family Court's finding that the respondent father, Larry B., neglected his child, D.B. The neglect was based on the father's verbal abuse, harsh behavior, and failure to address the child's serious emotional and psychological needs, including minimizing suicidal ideation and impeding medical and mental health treatment after the child's psychiatric hospitalization. The court found that a preponderance of the evidence supported the neglect finding, corroborated by the father's own testimony and a Child Protective Specialist's report, and upheld the Family Court's credibility determinations.

Child NeglectParental AbuseEmotional TraumaSuicidal IdeationMental Health TreatmentFamily Court ActAppellate ReviewCredibility AssessmentCorroboration of StatementsParental Responsibility
References
9
Case No. 2016 NY Slip Op 00505 [135 AD3d 948]
Regular Panel Decision
Jan 27, 2016

Matter of Weinstein v. New York State Workers' Compensation Bd.

Robert S. Weinstein, a Workers' Compensation Law Judge, appealed an order affirming an arbitration award that terminated his employment. He was terminated following charges of insubordination, misconduct, and incompetence for failing to perform his duties timely and satisfactorily. After an arbitrator upheld the termination, Weinstein filed a petition to vacate the award, arguing the penalty was unduly harsh. The Supreme Court dismissed his petition. The Appellate Division, Second Department, affirmed the decision, ruling that while the excessiveness of a penalty can be reviewed in a compulsory arbitration, in this instance, the termination was not disproportionate to the offenses, citing his insubordination and failure to complete assignments despite remedial efforts.

Arbitration AwardEmployment TerminationWorkers' Compensation Law JudgeInsubordinationMisconductCPLR Article 75Judicial ReviewPenalty DisproportionalityAppellate ReviewPublic Employment
References
8
Case No. MISSING
Regular Panel Decision

Jackson v. Marcato Elevator Co.

The court addresses the harsh remedy of striking a pleading, finding the defendant's excuse of a clerical error for misfiling a motion unacceptable due to a consistent pattern of non-compliance with disclosure demands. The defendant also failed to provide a satisfactory explanation for not producing critical elevator inspection reports relevant to a negligent maintenance claim. Furthermore, the defendant did not demonstrate a meritorious defense, as the vice-president's affidavit regarding the cause of the accident (elevator overloading) was not based on personal knowledge and lacked sufficient detail. The decision implies an adverse ruling against the defendant, affirming the earlier decision or denying the motion to vacate default.

PleadingDiscoveryDisclosureDefaultClerical ErrorNon-complianceNegligent MaintenanceElevator InspectionMeritorious DefenseAffidavit Insufficiency
References
2
Case No. MISSING
Regular Panel Decision

Connolly v. Williams

The court unanimously confirmed the determination of the Deputy Chief Administrative Judge, which found the petitioner guilty of misconduct and terminated his employment as a court officer. The misconduct involved unwanted physical contact and sexually suggestive remarks directed at three female co-workers. The petition challenging this determination was denied, and the proceeding brought under CPLR article 78 was dismissed. The court found substantial evidence supported the misconduct findings and that the penalty of dismissal was not unduly harsh. It also ruled that the petitioner's due process rights were not violated by the hearing officer's in camera review of investigative files or the denial of an adjournment to subpoena additional witnesses.

MisconductEmployment TerminationCourt OfficerSexual HarassmentDue ProcessDisciplinary ActionAppellate ReviewCPLR Article 78Substantial EvidenceFairness of Penalty
References
4
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