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

Case No. 99 Civ. 11886 WCC
Regular Panel Decision
Jul 11, 2000

Leonard v. DUTCHESS CTY. DEPT. OF HEALTH

Plaintiffs, including restaurant and bowling center owners and the National Smokers Alliance, challenged smoking regulations promulgated by the Dutchess County Department of Health and Board of Health. They alleged violations of equal protection, free speech, 42 U.S.C. § 1983, the New York State Constitution, and Article 78. The defendants moved to dismiss, arguing lack of subject matter jurisdiction, while plaintiffs moved for summary judgment and injunctive relief. The court, treating both as motions for summary judgment, found that the Board of Health exceeded its authority under the New York State separation of powers doctrine by enacting regulations that balanced economic, social, and privacy interests, rather than solely health concerns. Specifically, the court noted the Board's consideration of non-health factors, the non-interstitial nature of the regulations compared to state law, and the County Legislature's prior failure to pass similar legislation. Consequently, the court granted plaintiffs' motion for summary judgment and permanently enjoined the defendants from enforcing the challenged smoking regulations.

Smoking RegulationsPublic Health LawSeparation of PowersAdministrative Agency OverreachSummary JudgmentInjunctive ReliefDutchess CountyClean Indoor Air ActConstitutional LawArticle 78
References
12
Case No. ADJ504565 (SBR 0266567) ADJ2584271 (SBR 0297503)
Regular
Sep 14, 2012

CHRISTOPHER COCKRELL vs. FARMERS INSURANCE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award for self-procured medical marijuana reimbursement. The Board found that neither the parties nor the trial judge considered Health and Safety Code section 11362.785(d). This statute states that health insurance providers are not required to reimburse for the medical use of marijuana. The case is returned to the trial level for further proceedings to address the applicability of this statute.

Medical marijuana reimbursementSelf-procured cannabisHealth and Safety Code 11362.785(d)Labor Code 4600.35Workers' Compensation Appeals BoardFindings and AwardReconsiderationRescinded awardTrial level proceedingsInsurance provider liability
References
2
Case No. 2020 NY Slip Op 00935 [180 AD3d 1331]
Regular Panel Decision
Feb 07, 2020

Matter of Emma D. (Kelly v. D.)

This case involves two appeals concerning Emma D. In Appeal No. 1, the Ontario County Department of Social Services (DSS) initiated a neglect proceeding against the mother, Kelly V.(D.). The mother's motion to change venue to Monroe County was denied due to her refusal to provide her actual residence. In Appeal No. 2, the grandmother, Margarita D., commenced a custody proceeding against the mother. Custody was granted to the grandmother, supported by findings of extraordinary circumstances including the mother's neglect, unstable living situation, mental health issues, and failure to address the child's special needs. The Appellate Division, Fourth Department, unanimously affirmed both orders, including the supervised visitation arrangement between the mother and grandmother.

Child NeglectCustody DisputeFamily Court ActVenue ChangeExtraordinary CircumstancesSupervised VisitationParental RightsChild WelfareAppellate ReviewParental Fitness
References
9
Case No. MISSING
Regular Panel Decision

Nagel v. D & R REALTY CORP.

Bruce Nagel, an elevator safety inspector, suffered injuries after slipping on oil during a two-year safety test. He and his wife sued D & R Realty Corp., the building owner, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), particularly Industrial Code § 23-1.7 (d). The claims under §§ 200 and 240 (1) were withdrawn. Both the Supreme Court and the Appellate Division granted summary judgment to the defendant, ruling Nagel's work was routine maintenance, not construction, demolition, or excavation under Labor Law § 241 (6). The Court of Appeals affirmed, holding that Labor Law § 241 (6) protections do not extend to maintenance work outside the construction context.

Elevator accidentLabor LawSection 241(6)Routine maintenanceConstruction workDemolition workExcavation workIndustrial CodeSafety inspectionBuilding owner liability
References
6
Case No. MISSING
Regular Panel Decision
Oct 17, 2012

Douyon v. NY Medical Health Care, P.C.

Plaintiff Gabrielle Douyon sued Seymour Schneider, N.Y. Medical Health Care, P.C., Faraidoon Daniel Golyan, M.D., and Kourosh Golyan, alleging unfair debt collection practices under the FDCPA and NY GBL § 349, along with intentional infliction of emotional distress and negligence. The lawsuit stemmed from attempts to collect an alleged medical debt following Douyon's emergency heart surgery performed by Dr. Golyan. Both parties sought summary judgment. The court granted Plaintiff partial summary judgment on FDCPA violations related to statutory disclosures and a threatening voicemail. However, many other FDCPA and NY GBL claims were denied due to factual disputes, and the intentional infliction of emotional distress claim was dismissed for lack of medical evidence, with negligence claims partially allowed to proceed on the basis of fear for physical safety.

Fair Debt Collections Practices ActNew York General Business Law § 349Debt CollectionSummary JudgmentEmotional DistressNegligenceAgency RelationshipVicarious LiabilityFreelance Debt CollectorUnfair and Deceptive Practices
References
105
Case No. 2016 NY Slip Op 08114
Regular Panel Decision
Dec 01, 2016

Matter of Kent D. (Rachel D.)

Petitioner Kent D. appealed an order from Family Court, New York County, which denied his motion for a forensic evaluation and granted the cross motion to dismiss his petition for visitation with his child. The background reveals that in February 2008, Kent D. stabbed Rachel D., the mother, seven times in front of their child, leading to his conviction for assault and child endangerment and an 11-year prison sentence. A 19-year order of protection was issued, prohibiting contact with the child. The Family Court had previously awarded custody to the mother, and a 2012 divorce judgment affirmed no visitation rights for Kent D. The Appellate Division affirmed the Family Court's decision, finding that Kent D. failed to make an evidentiary showing of changed circumstances required for a visitation hearing, and his claims of completing an anger management program were unsubstantiated. The court also noted the child's continuing symptoms of post-traumatic stress disorder and desire not to see him.

Visitation RightsChild CustodyOrder of ProtectionDomestic ViolenceAssault ConvictionChanged CircumstancesForensic EvaluationAppellate ReviewFamily LawPost-Traumatic Stress Disorder
References
2
Case No. ADJ528481 (FRE 0244364) ADJ602408 (FRE 0247847)
Regular
Sep 09, 2013

PEDRO DE DIOS vs. CARROLL'S TIRE WAREHOUSE, REDWOOD FIRE & CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and reversed a finding awarding reimbursement for self-procured medical marijuana. The Board ruled that under Health and Safety Code section 11362.785(d), no insurance provider is liable for reimbursement for the medical use of marijuana. The Court further found the Agreed Medical Examiner's opinion regarding marijuana was based on applicant's statements, not medical expertise. Therefore, the employer is not liable for the cost of the self-procured marijuana.

Workers' Compensation Appeals BoardSelf-Procured Medical TreatmentMarijuana ReimbursementIndustrial InjuryBack InjuryNeck InjuryBilateral ShouldersTemporary DisabilityPermanent DisabilityFuture Medical Treatment
References
0
Case No. 2022 NY Slip Op 07383 [211 AD3d 1616]
Regular Panel Decision
Dec 23, 2022

Williams v. Kaleida Health

Dr. Aston B. Williams, a physician with medical staff privileges at Kaleida Health, sought a medical exemption from a COVID-19 vaccine mandate, which was subsequently denied. As a result of noncompliance, his privileges at Buffalo General Medical Center were suspended. Williams initiated legal action, requesting injunctive relief to prevent the revocation of his privileges. Kaleida Health moved to dismiss the complaint. The Supreme Court denied Williams's motion for an injunction and partially granted Kaleida Health's motion, dismissing the complaint without prejudice. The Appellate Division, Fourth Department, affirmed this decision, determining that Public Health Law § 2801-c provides the exclusive remedy for alleged violations of § 2801-b (1), necessitating Williams to first pursue his claim before the Public Health and Health Planning Counsel.

COVID-19 vaccine mandatemedical staff privilegesinjunctionPublic Health Lawexclusive remedyPHHPCadministrative remediesdismissal without prejudicehealth care workersemployer-employee dispute
References
4
Case No. MISSING
Regular Panel Decision
Nov 25, 1986

In re Moises D.

This appeal arises from an amended order of the Family Court, Kings County, which dismissed petitions alleging that Moisés D. and Noami D. were neglected children. The appellate court reversed the lower court's decision, adjudicating Moisés D. and Noami D. as neglected children and remitting the matter for a dispositional hearing. The evidence detailed the father's history of paranoid schizophrenia and past instances of severe abuse and neglect towards his other children, including physical violence and a dangerous incident with an autistic son. The mother was found to have failed to protect the children and demonstrated a faulty understanding of parental duties, leading the court to conclude a substantial risk of harm to Moisés D. and Noami D. without supervision. The decision emphasized the necessity of a dispositional hearing to determine the children's well-being and maintain family integrity.

Child NeglectFamily Court ActParental RightsMental IllnessParanoid SchizophreniaChild AbuseAppellate ReviewDispositional HearingRisk AssessmentParental Fitness
References
4
Case No. MISSING
Regular Panel Decision
Feb 28, 2008

New York Committee for Occupational Safety & Health v. Bloomberg

Petitioner NYCOSH requested workers' compensation records from the New York City Mayor's office and Law Department via a Freedom of Information Law (FOIL) request, seeking raw data on workplace injuries as mandated by Administrative Code § 12-127. Both agencies denied the request, providing only an annual report and claiming the raw data was not maintained in a single responsive record and would be burdensome to produce. NYCOSH initiated a CPLR article 78 proceeding, which the Supreme Court dismissed. The Appellate Division reversed, ruling that the Supreme Court applied an incorrect standard of review. It further found the City's claim of statutory exemption under Workers' Compensation Law § 110-a invalid but noted the personal privacy exemption under Public Officers Law § 87 (2) (b), requiring redaction. The court ordered a hearing to determine if retrieving electronic records constituted 'simple manipulation' or new record creation, and if producing hard copies would impose an undue burden, thereby reinstating the petition in part.

Freedom of Information Law (FOIL)Public RecordsWorkers' Compensation RecordsData PrivacyUndue BurdenElectronic Records DisclosureGovernment TransparencyCPLR Article 78 ProceedingNew York Appellate DivisionAgency Records
References
6
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