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Case Law Database

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

Case No. ADJ9589893
Regular
Sep 12, 2018

ARLENE RECANO vs. J BRAND, INC., TRAVELERS INSURANCE COMPANY

The applicant sought reconsideration of a denial of home health care services by the Independent Medical Review (IMR). The Workers' Compensation Appeals Board (WCAB) found the IMR determination was plainly erroneous because it failed to apply the correct 2016 Medical Treatment Utilization Standards (MTUS) definition of "homebound." The WCAB concluded that the applicant's documented use of a walker constituted objective evidence of her homebound status, contradicting the IMR's finding of insufficient evidence. Consequently, the WCAB rescinded the prior order and remanded the case to the Administrative Director for a new IMR review by a different reviewer.

Independent Medical ReviewUtilization ReviewMedical Treatment Utilization StandardsHomeboundLabor Code Section 4610.6Plainly ErroneousMedical NecessityTreating PhysicianRequest for AuthorizationWorkers' Compensation Appeals Board
References
6
Case No. MISSING
Regular Panel Decision

Klepner v. Codata Corp.

This case addresses whether an attorney employed as 'general counsel' and 'assistant to the president' of a corporation is entitled to protections under Article 6 of the Labor Law, specifically regarding attorney's fees and liquidated damages for unpaid wages. Defendants, Codata Corporation and Dorfman, moved to dismiss the plaintiff's claims, arguing that the plaintiff, as an executive or white-collar worker, did not fall under the definition of 'employee' as per Labor Law § 198 (1-a) or the more restrictive Labor Law § 2 (5). The plaintiff contended that the broader definition in Labor Law § 190 (2) within Article 6 should apply. The court ruled that the definitions within Article 6 govern that article and that the plaintiff's duties did not preclude coverage. Consequently, the defendants' motion to dismiss was denied, allowing the plaintiff's claims to proceed.

wage claimattorneyLabor Lawemployee definitionwhite collar workerexecutiveliquidated damagesattorney's feesmotion to dismissstatutory interpretation
References
3
Case No. MISSING
Regular Panel Decision
Jun 16, 1994

Cruz v. Latin News Impacto Newspaper

The case involves an appeal of an order from the Supreme Court, Bronx County, concerning causes of action for libel and Civil Rights Law violations. The defendant, Latin News Impacto, a Spanish-language newspaper, published an article with the plaintiff's picture, describing her as having AIDS. At the time of publication, the plaintiff was HIV-positive and seriously ill with AIDS-related conditions, but did not formally meet the then-current Centers for Disease Control (CDC) definition of AIDS, although a new definition, effective weeks later, would have included her. The IAS Court initially denied the defendant's motion for summary judgment, finding triable issues of fact and that the article was of private concern. The Appellate Division unanimously reversed this decision, granting summary judgment for the defendant, ruling that even if the statement about AIDS was not literally true at publication, the defendant did not act with gross irresponsibility given the plaintiff's undisputed AIDS-related illnesses and the imminent CDC definition change. Furthermore, the court found no unauthorized advertising use of the photo under Civil Rights Law §§ 50 and 51, as the article was on a matter of public interest and not an advertisement in disguise. A separate trespass cause of action was not appealed and remains viable.

LibelDefamationCivil Rights LawFreedom of the PressSummary JudgmentAIDS/HIV Status DisclosurePublic Concern DoctrineGross Irresponsibility StandardFalse LightUnauthorized Use of Likeness
References
11
Case No. LAO 854789
Regular
Oct 09, 2007

Juana Manriquez vs. KENVIN, INC., dba CORDOVAN & GREY LTD, STATE COMPENSATION INSURANCE FUND

The applicant sought extended temporary disability benefits, claiming a rotator cuff debridement during shoulder arthroscopy constituted an "amputation" under Labor Code section 4656(c)(2)(C). The Board denied reconsideration, affirming the WCJ's finding that "debridement" of an internal body part, like bone, does not meet the statutory definition of amputation. This definition requires the severance or removal of a limb or body appendage, conforming to the common understanding of the term.

Juana ManriquezKenvin IncState Compensation Insurance FundLAO 854789Petition for ReconsiderationAugust 6 2007 Findings and Ordershoulder arthroscopyamputationLabor Code section 4656(c)(2)(C)temporary disability
References
4
Case No. ADJ3255503 (SDO0362975)
Regular
Mar 15, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings. The core issue is whether the applicant deputy sheriff's hypertension constitutes "heart trouble" for the purposes of a statutory presumption of industrial injury. The WCAB found the agreed medical evaluator's opinion regarding "heart trouble" unclear, as it did not definitively address the broad legal definition of the term. Therefore, the case requires further medical evaluation and deposition to clarify the applicant's cardiac condition in relation to the legal standard.

Workers' Compensation Appeals BoardDeputy SheriffHeart Trouble PresumptionLabor Code Section 3212.5Labor Code Section 4663(e)ApportionmentAgreed Medical EvaluatorDr. Daniel J. BresslerHypertensionGERD
References
3
Case No. MISSING
Regular Panel Decision

People v. Mincione

This case concerns the interpretation of New York's burglary statutes, specifically Penal Law § 140.00 (2), regarding the definition of a 'building.' The issue on appeal was whether a van, primarily used by a greenhouse construction company to transport workers, materials, and tools, qualifies as a 'building' under the statute. The court concluded that such a van meets the statutory definition, either as an 'inclosed motor truck' or a 'vehicle used by persons for carrying on business therein.' This interpretation was found to be consistent with both legislative intent and historical judicial construction. The order of the Appellate Division was affirmed.

Burglary StatutesPenal LawStatutory InterpretationVehicle DefinitionCriminal LawNew York Court of AppealsAppellate ReviewLegislative IntentJudicial ConstructionBuilding Definition
References
2
Case No. MISSING
Regular Panel Decision

Rubies v. Aqua Club, Inc.

Judge Read dissents from the majority's interpretation of 'permanent total disability' concerning acquired brain injuries under Workers’ Compensation Law § 11. Read argues for a narrower definition, requiring the inability to perform usual daily living activities, aligning with legislative intent for the 1996 amendment to section 11. This amendment aimed to strictly curtail third-party actions against employers by narrowly defining 'grave injuries.' The dissent stresses that the list of grave injuries is exhaustive, not illustrative, and should not be broadly interpreted. Therefore, the definition of 'permanent total disability' for an acquired brain injury should essentially require a vegetative state to protect employers as intended by the Legislature.

Workers' CompensationGrave InjuryAcquired Brain InjuryPermanent Total DisabilityLegislative IntentStatutory InterpretationEmployer LiabilityThird-Party ActionsDissenting OpinionJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

Genesis of Mount Vernon, N.Y., Inc. v. Zoning Board of Appeals

This case concerns a hybrid proceeding where the petitioner, Genesis project, challenged the denial of building and area variances by the Mt. Vernon Zoning Board of Appeals for a proposed congregate housing facility for the elderly. The petitioner also sought a declaratory judgment that the City of Mt. Vernon Zoning Ordinance's definitions of 'boarding house' and 'family' were unconstitutional. The court found both definitions to be unconstitutionally vague and overbroad, violating the State Due Process Clause. Consequently, the court granted declaratory relief, allowing the petitioner to construct the facility as a two-family house and also granted the area variances, remanding to the Zoning Board for setting reasonable conditions. A claim for damages and attorney's fees was severed for a separate action.

Zoning OrdinanceDue ProcessConstitutional LawDeclaratory JudgmentUse VarianceArea VarianceBoarding HouseFamily DefinitionElderly HousingNot-for-Profit
References
14
Case No. 531672
Regular Panel Decision
Mar 04, 2021

Matter of Maldonado v. Doria, Inc.

Claimant Cesar Maldonado sustained a left ankle injury at work, which subsequently led to a causally-related pulmonary embolism (PE) and deep vein thrombosis (DVT). Following further proceedings, a Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board amended the claim to include major depression, posttraumatic stress disorder, and cardiac arrest. The employer and its carrier appealed the inclusion of cardiac arrest, arguing a narrow definition. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial medical evidence, including testimony from pulmonologists Nathan Rothman and Ali Eray Guy, supported the causal relationship between the cardiac arrest and the initial injury, rejecting the carrier's definitional arguments.

Ankle InjuryPulmonary EmbolismDeep Vein ThrombosisCardiac ArrestCausationMedical EvidenceAppellate ReviewExpert TestimonySyncopal EpisodesOccupational Injury
References
8
Case No. MISSING
Regular Panel Decision

People v. Chapman

The People charged the defendant with burglary in the third degree after he allegedly unlawfully entered two railway boxcars and stole property. The central legal issue is whether a railway boxcar constitutes a "building" under Penal Law § 140.00 (2). The court reviewed the extensive legislative history of the "building" definition, noting that "railway cars" were previously explicitly included but intentionally removed in the 1965 Penal Law revision and not reinserted in subsequent amendments. Despite arguments that boxcars could be considered "structures" or used for "carrying on business therein," the court found that such an interpretation would contradict clear legislative intent. Consequently, the court dismissed the burglary charges, concluding that the unlawful entry into the boxcars did not meet the statutory definition of burglary.

BurglaryStatutory InterpretationLegislative IntentPenal LawRailway CarBoxcarDefinition of BuildingCriminal LawGrand Jury MinutesDismissal of Charges
References
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