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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

Acevedo v. City of New York

Petitioners, 110 New York City firefighters involved in World Trade Center rescue efforts after 9/11, sought permission to file late notices of claim under General Municipal Law § 50-e due to toxin exposure and subsequent respiratory illnesses. The City of New York objected, citing improper joinder of claims and lack of reasonable excuse or actual notice. The court found that common questions of law and fact allowed for joinder of the claims. Furthermore, the court determined that the City had actual knowledge of the essential facts surrounding the claims due to public awareness, extensive investigations, and internal Fire Department medical examinations, thus suffering no prejudice from the delayed filing. Consequently, the petition was granted, allowing the firefighters to serve and file their late notices of claim.

World Trade Center9/11FirefightersLate Notice of ClaimGeneral Municipal LawRespiratory IllnessToxic ExposureJoinder of ClaimsActual NoticePrejudice
References
20
Case No. ADJ7122712, ADJ7122713
Regular
Dec 18, 2013

OFELIA INIGUEZ vs. FOSTER FARMS

The Workers' Compensation Appeals Board granted reconsideration of an order approving a compromise and release agreement for $25,000, which awarded applicant's attorney a 15% fee instead of the requested 20%. The Board found the attorney's petition for reconsideration to be frivolous and meritless, lacking proper legal justification for an increased fee. Furthermore, the attorney failed to comply with procedural rules, including not providing proof of notice to her client regarding adverse interests and improperly attaching exhibits. Consequently, the Board issued a notice of intention to impose sanctions against the attorney for bad faith actions.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeeCompromise and Release AgreementAdequacy HearingSanctionLabor Code section 5813Policy and Procedure ManualQuantum MeruitAdverse Interest Notice
References
0
Case No. ADJ8693165
Regular
Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record
References
5
Case No. MISSING
Regular Panel Decision

Gavigan v. State

Claimant, an employee of Horizon Roofing & Sheet Metal, Inc., sustained serious personal injuries in April 1989 while working on a State-owned property. He sought permission to file a late notice of claim against the State, alleging violations of Labor Law §§ 200, 240, and 241 due to an improperly constructed and maintained rampway. The Court of Claims initially denied two motions but subsequently granted a third, finding sufficient factors under Court of Claims Act § 10 (6) to support its decision, including the merit of the claim and timely notice to a State employee. The State appealed this decision, arguing an abuse of discretion. The appellate court affirmed the Court of Claims' order, concluding that the lower court did not abuse its broad discretion.

Late Notice of ClaimState LiabilityOwner LiabilityConstruction AccidentPersonal InjuryCourt of Claims ActLabor Law ViolationsRampway SafetyEmployee InjuryAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Cabrera v. Schafer

Plaintiff Efrain Reyes Cabrera sued his former employers, Thomas Schafer and Dream Team Tavern Corp., alleging violations of the Fair Labor Standards Act and New York Labor Law for unpaid overtime and improper wage notice. The Defendants denied these claims. The Court denied the Defendants' motions in limine, which sought judicial notice of Workers’ Compensation Board findings and admission of allegedly forged immigration documents to impeach the Plaintiff’s credibility. The Court found the request for judicial notice improper as it sought to establish the truth of disputed facts from another case, and the immigration documents, while potentially relevant to credibility, were highly prejudicial and could have a chilling effect on other employees.

FLSANYLLWage and HourOvertimeMotions in LimineJudicial NoticeCredibilityImmigration StatusFederal Rules of EvidenceRule 201
References
15
Case No. MISSING
Regular Panel Decision
Nov 04, 2009

Montgomery-Costa v. City of New York

This case involves a challenge by school aides and their union against the Department of Education (DOE) for laying off permanent workers and replacing them with less costly labor through private contracting. Petitioners allege that these layoffs violate the New York Constitution, Education Law, and Chancellor's Regulations, citing bad faith, circumvention of civil service requirements, and the perpetuation of educational inequity. Respondents, including the DOE, cross-moved to dismiss the petition, arguing lack of subject matter jurisdiction, failure to file a notice of claim, and that the City and Mayor were improper parties. The court denied dismissal based on subject matter jurisdiction and the notice of claim, concluding that the claims involve justiciable constitutional and statutory interpretations, and that the notice of claim statute does not apply to equitable relief. However, the court granted dismissal of the petition against the City of New York and Mayor Michael Bloomberg, finding them to be improper parties to the proceeding.

LayoffsPrivatizationSchool AidesTeacher AidesCivil Service LawEducation LawDeclaratory JudgmentPreliminary InjunctionSubject Matter JurisdictionNotice of Claim
References
21
Case No. ADJ2855195 (VNO 0550470) ADJ965274 (VNO 0550466)
Regular
May 30, 2012

MARCELO RUEDA vs. ALL LABOR TIRES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board is issuing a Notice of Intention to impose sanctions on the defendant, State Compensation Insurance Fund, and its attorney. This action stems from the defendant's petition for reconsideration, which improperly cited a medical report not entered into evidence. Such a tactic is considered frivolous and a violation of the Board's Rules of Practice and Procedure. The Board intends to impose a $500 sanction jointly and severally unless good cause is shown to the contrary within fifteen days.

Workers' Compensation Appeals BoardSanctionLabor Code Section 5813Frivolous ConductReconsiderationAgreed Medical ExaminersAMA GuidesWCJPermanent DisabilityIndustrial Injury
References
3
Case No. ADJ9346293
En Banc
Jan 13, 2020

ANTHONY DENNIS vs. STATE OF CALIFORNIA – DEPARTMENT OF CORRECTIONS AND REHABILITATION INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to hold that Administrative Director (AD) Rule 10133.54 is invalid. The WCAB reasoned that the rule exceeds the AD's statutory authority and improperly restricts the WCAB's exclusive jurisdiction to adjudicate disputes over supplemental job displacement benefits (SJDB). The board also intends to affirm its prior decision that an employer must make a bona fide offer of work to an injured employee to be exempt from providing an SJDB voucher.

AD Rule 10133.54Supplemental Job Displacement BenefitBona Fide OfferExclusive JurisdictionAdministrative DirectorWorkers' Compensation Appeals BoardInmate LaborerStatutory AuthorityEn Banc DecisionReconsideration
References
31
Case No. ADJ2581463 (SBR 0336679)
Regular
Nov 14, 2011

ROBERT HILL vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an applicant's industrial injury findings. However, the Board is also issuing a notice of intention to sanction the defendant's attorney for failing to comply with procedural rules by improperly attaching new evidence and inadequately citing the record. The defendant's attorney is given an opportunity to object to the proposed $250 sanction.

Occupational group numberSanctionPetition for ReconsiderationFindings and AwardIndustrial injuryCardiovascular systemGastrointestinal systemPsycheBilateral wristsBilateral upper extremities
References
14
Case No. MISSING
Regular Panel Decision

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
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