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

Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
6
Case No. MISSING
Regular Panel Decision

Manney v. McCall

Petitioner, a hospital nursing station clerk, was injured while assisting an X-ray technician and sought accidental disability retirement benefits. Her application was initially denied. Following a hearing, the Hearing Officer upheld the denial, concluding that the petitioner had not demonstrated permanent incapacitation from her duties. This determination was affirmed by the respondent. The court confirmed the respondent's decision, emphasizing that the respondent has exclusive authority to evaluate competing medical opinions, and credited the Retirement System's expert who found only a mild partial disability. The court also noted that awards from Social Security or workers' compensation are not binding on the respondent.

Accidental disability retirement benefitsPermanent incapacitationMedical opinion evaluationCPLR article 78 proceedingNew York State and Local Retirement SystemWorkers' compensation benefitsSocial Security benefitsJudicial reviewAdministrative determinationEvidentiary weight
References
3
Case No. MISSING
Regular Panel Decision

Northeastern Stud Welding Corp. v. Webster

A New York corporation, previously certified as a woman-owned business enterprise, was denied recertification in 1992, leading to a CPLR article 78 proceeding challenging the determination. The court rejected claims of inadequate explanation and procedural irregularities, finding the Hearing Officer's rationale, adopted by the Executive Director, provided sufficient basis for judicial review, and the hearing procedures were within discretion. Substantial evidence supported the denial of recertification, as control over petitioner's daily operations, including critical decisions on bidding, marketing, sales, purchasing, hiring, and field supervision, was shared between the sole shareholder Jean Zelezniak, her husband, and another employee. This shared control, coupled with Zelezniak's lack of expertise and the company's formation structure, led to the conclusion that the business was family-owned and not independently controlled by Zelezniak as required by regulations for woman-owned business enterprise status. Consequently, the determination to deny recertification was confirmed, and the petition was dismissed.

Woman-owned business enterpriseRecertification denialCPLR Article 78Administrative reviewBusiness controlShareholder controlFamily-owned businessProcedural due processJudicial reviewExecutive Law
References
4
Case No. MISSING
Regular Panel Decision

Ribya BB. v. Wing

Petitioner initiated a CPLR article 78 proceeding to challenge the denial of her request to expunge her name from the State Central Register of Child Abuse and Maltreatment. An indicated report of child maltreatment was filed after she allegedly left her severely disabled and autistic child unsupervised on three occasions in November 1994. Despite her claim that a cousin was watching the child, an administrative review and subsequent hearing found 'some credible evidence as well as a fair preponderance' of evidence supporting maltreatment, leading to the denial of her expungement request. The Appellate Division confirmed the respondent's determination, citing substantial evidence including admissible double hearsay and inconsistencies in testimony, and dismissed the petition.

Child MaltreatmentExpungementState Central RegisterChild AbuseAdministrative LawJudicial ReviewSubstantial EvidenceHearsay AdmissibilityCredibility AssessmentParental Responsibility
References
11
Case No. MISSING
Regular Panel Decision

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
Case No. 90-cv-279
Regular Panel Decision
Oct 01, 2013

Deno v. Colvin

Michael Deno sought judicial review under section 205(g) of the Social Security Act of the Commissioner of Social Security's final decision denying him Supplemental Security Income (SSI) benefits. Deno challenged the Administrative Law Judge's (hearing officer) decision, requesting a reversal of the finding that he is not disabled. The Commissioner, in turn, sought affirmation of the hearing officer's decision. This Court previously reversed and remanded Deno's claim in 2009, leading to further administrative proceedings where the hearing officer again denied the claim in 2010. Deno appealed this denial, arguing various errors by the hearing officer, including inadequate consideration of medical evidence, improper weight given to providers, unsupported credibility determinations, and erroneous reliance on vocational expert testimony. The Court, however, found the hearing officer's decision to be supported by substantial evidence, affirming the denial of disability benefits and dismissing Deno's complaint.

Social Security ActSupplemental Security Income (SSI)Disability Benefits AppealJudicial Review StandardALJ Decision ReviewTreating Physician Rule ApplicationResidual Functional Capacity AssessmentVocational Expert ReliabilityClaimant CredibilityChronic Back Pain
References
28
Case No. MISSING
Regular Panel Decision

Monachelli v. DiNapoli

The petitioner, a police sergeant, challenged the denial of two applications for performance of duty disability retirement benefits. The first application (November 2003, incident September 2003 for a psychological disorder) was denied as the disability was not sustained in service. The second application (June 2005, incident June 2000) was denied due to failure to file the required notice of accident. Following a combined hearing, both denials were upheld by a Hearing Officer and adopted by the respondent. The Court confirmed the determination, finding no error in the denial of the November 2003 application and upholding the denial of the June 2005 application due to non-compliance with notice requirements, dismissing the petition.

Police sergeantDisability retirementPsychological disorderNotice of accidentAdministrative reviewCPLR Article 78Retirement and Social Security LawPerformance of dutyBenefit denialGood cause shown
References
3
Case No. ADJ11292320
Regular
Mar 03, 2020

MELINDA PRISKIN vs. BANK OF AMERICA, XL INSURANCE

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's prior order. The Board found the WCJ erred by proceeding with an expedited hearing on issues that were not ripe for such a hearing, specifically the denial of injury AOE/COE and the presumption of compensability under Labor Code Section 5402. The defendant was denied due process as it did not have an opportunity to present evidence regarding the timeliness of its denial or the personnel defense. The matter was returned to the WCJ for further proceedings, including a proper hearing to develop the evidentiary record.

Petition for RemovalExpedited HearingLabor Code Section 5402Late DenialInjury AOE/COEDue ProcessDeclaration of Readiness to ProceedWCJWorkers' Compensation Appeals BoardTemporary Disability
References
7
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