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

Case No. MISSING
Regular Panel Decision

Claim of Robinson v. Lawrence Nursing Home

The decedent, a pot washer for Lawrence Nursing Home, was found stabbed to death on the employer's premises during his work shift. The Workers’ Compensation Board initially disallowed the claim for death benefits, concluding the death resulted from a personal act unrelated to his work activities, thereby overcoming the Section 21 presumption that an accident in the course of employment arose out of employment. The claimant appealed this decision, arguing that the evidence used by the board to overcome the presumption was uncorroborated hearsay. However, the appellate court affirmed the board's decision, asserting that the weight of the hearsay testimony and the reasonable inferences drawn from the circumstances were within the board's fact-finding province, providing substantial evidence for the disallowance. Consequently, the Board's disallowance of death benefits was upheld.

Workers' CompensationDeath BenefitsCourse of EmploymentArising out of EmploymentPresumption of CompensabilityHearsay EvidenceSubstantial EvidencePersonal ActEmployer PremisesManslaughter
References
1
Case No. 2022 NY Slip Op 04839
Regular Panel Decision
Aug 04, 2022

Of Doe 44 v. Erik P.R.

Plaintiffs, including Of Doe 44, initiated actions under the Child Victims Act against Erik P.R. for alleged sexual abuse. They sought partial summary judgment on liability, arguing that a prior Family Court Act article 10 proceeding collaterally estopped the defendant. The Supreme Court granted this motion, but the Appellate Division reversed the decision and denied the motion. The majority opinion held that collateral estoppel should not apply because the prior Family Court proceeding relied heavily on hearsay evidence that would be inadmissible in the civil actions, despite having the same burden of proof. Justice Bannister dissented, arguing that the conditions for collateral estoppel were met, as the defendant had a full and fair opportunity to litigate the issue in the prior proceeding, and the hearsay evidence was sufficiently corroborated.

Child Victims ActSexual Abuse AllegationsCollateral EstoppelSummary JudgmentAppellate ReviewFamily Court ActHearsay EvidenceBurden of ProofPrior ProceedingsIdentity of Issue
References
21
Case No. MISSING
Regular Panel Decision

Laguesse v. Storytown U.S.A., Inc.

Terry L. Laguesse and her husband sued Great Escape for personal injuries sustained when a grate fell on Ms. Laguesse at the amusement park. Following a jury award in favor of the plaintiffs, defendants appealed, arguing improper admission of hearsay evidence and an erroneous jury charge regarding prior accidents. The appellate court found that while the hearsay was improperly admitted, it was harmless error due to cumulative expert testimony establishing the defendant's constructive notice of the dangerous condition. The court also upheld the lower court's refusal to charge on prior accidents, citing evidence of past failures, and affirmed the damages award for future pain and suffering as not excessive given the plaintiff's injuries and need for potential future surgeries. Therefore, the judgment and order were affirmed.

Personal InjuryPremises LiabilityHearsay EvidenceSpontaneous DeclarationParty AdmissionsHarmless ErrorNotice of Dangerous ConditionPrior AccidentsExcessive DamagesFuture Pain and Suffering
References
19
Case No. MISSING
Regular Panel Decision

Diehsner v. Schenectady City School District

The case involves a utility worker ("petitioner") challenging his termination from the Schenectady City School District Board of Education for misconduct under Civil Service Law § 75. The petitioner was accused of six instances of misconduct, including tardiness, unexcused absences, and false reporting of sick leave. A Hearing Officer sustained five of the six charges and recommended dismissal, which the Board adopted. Petitioner argued that the sustained charges were based solely on uncorroborated hearsay. The court disagreed, stating that relevant and probative hearsay evidence can constitute substantial evidence in disciplinary proceedings. The court upheld the findings of misconduct and the sanction of discharge but modified the determination, annulling the denial of back pay for the period from March 14, 1988, to May 20, 1988, and remitted the matter for calculation of back pay.

Employee MisconductTermination of EmploymentCivil Service Law § 75Hearsay Evidence AdmissibilitySubstantial Evidence StandardCPLR Article 78 ProceedingAdministrative Determination ReviewBack Pay AwardUnauthorized AbsenceTardiness
References
8
Case No. MISSING
Regular Panel Decision

Matter of Edwin L.

This dissenting opinion addresses the revocation of a juvenile's adjournment in contemplation of dismissal (ACD) based on alleged violations supported by hearsay evidence. The dissent argues that the conditional liberty interest of a juvenile under an ACD is equivalent to that of a probationer or parolee, and therefore, requires the procedural due process protections outlined in Morrissey v Brewer and Gagnon v Scarpelli. These protections mandate a right to confront and cross-examine adverse witnesses unless good cause is specifically found for not allowing confrontation. The opinion criticizes the majority for affirming the Family Court's decision, which relied solely on a social worker's hearsay testimony without demonstrated personal knowledge or corroborating documentary evidence. The dissent concludes that this lack of confrontation violated the juvenile's due process rights, asserting that the order affirming the dispositional order should be reversed.

Due ProcessJuvenile JusticeAdjournment in Contemplation of DismissalACD ViolationHearsay EvidenceConfrontation ClauseConditional LibertyProcedural Due ProcessFamily Court ActRight to Cross-Examine
References
9
Case No. MISSING
Regular Panel Decision

Claim of Pugliese v. Remington Arms, Inc.

The claimant, employed by Remington Arms, Inc. for over three decades, sought workers' compensation benefits, citing severe depression and anxiety stemming from alleged harassment and falsification of attendance records by a supervisor. Initially, a Workers' Compensation Law Judge denied further adjournments for an independent medical examination (IME) report and cross-examination of the treating psychologist, determining the depression to be an occupational disease. The Workers' Compensation Board subsequently modified this, reclassifying it as a compensable accidental injury. The employer and its carrier appealed, challenging the use of hearsay evidence, the preclusion of their IME report, and the denial of their right to cross-examine the claimant's treating psychologist. The appellate court found sufficient corroboration for the hearsay evidence and upheld the IME report's preclusion due to the carrier's delays. However, the court reversed the denial of cross-examination, stating that the absence of the IME report did not negate the carrier's right, especially given their dispute on causal relationship. Consequently, the case was reversed and remitted to the Workers' Compensation Board for further proceedings.

DepressionAnxietyWorkplace HarassmentAttendance Records FalsificationIndependent Medical ExaminationIME Report PreclusionRight to Cross-ExaminationHearsay EvidenceCorroborating EvidenceOccupational Disease
References
11
Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)
Regular
Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing
References
0
Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
4
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
Case No. MISSING
Regular Panel Decision

In re the Claim of Ellenport

Claimant appealed a decision of the Unemployment Insurance Appeal Board denying her additional unemployment benefits for a word processing course. The Board found her regular benefits expired before she applied for the course. Claimant argued the decision was based on hearsay evidence. The appellate court affirmed the Board's decision, noting that unemployment insurance hearings are not bound by technical rules of evidence, and the claimant failed to present compelling evidence of an earlier application.

Unemployment InsuranceAppeal Board DecisionBenefit EligibilityLabor LawHearsay EvidenceBenefit ExpirationAppellate AffirmationAdditional BenefitsWorker Education
References
1
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