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

Case No. 2023 NY Slip Op 04692 [219 AD3d 1617]
Regular Panel Decision
Sep 21, 2023

Matter of Balbuena v. Rocco & Son Ironwork Inc.

The case involves an appeal by the State Insurance Fund's (SIF) counsel, The Law Offices of Melissa A. Day, PLLC, against a monetary penalty of $1,000 assessed by the Workers' Compensation Board. The Board had imposed the penalty under Workers' Compensation Law § 114-a (3) (ii) for continuing proceedings without reasonable grounds, specifically regarding improper service of the claimant's application for review due to an incorrect address. SIF's counsel argued that the Brooklyn address used was listed in the Board's file and claimant's medical records. The Appellate Division, Third Department, found that substantial evidence did not support the Board's finding that SIF's counsel offered no reasonable basis for attempting service at the Brooklyn address. Consequently, the decision was modified to reverse the penalty against SIF's counsel, and as modified, affirmed.

Workers' CompensationAppellate ReviewAttorney PenaltyImproper ServiceReasonable GroundsState Insurance FundWorkers' Compensation BoardDue ProcessSubstantial EvidenceJudicial Review
References
6
Case No. ADJ4328990
Regular
Sep 21, 2010

JUAN MANUEL VARGAS vs. LINROZ MANUFACTURING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration to address errors in the original award. The primary issue was the applicant's permanent and stationary date, which the trial judge incorrectly determined based on payment advances rather than the agreed medical evaluator's findings. The Board rescinded the award and returned the case for further proceedings to properly determine the permanent and stationary date and subsequent permanent disability benefits. Outstanding issues regarding other alleged injuries will also be addressed on remand.

Workers' Compensation Appeals BoardLinroz ManufacturingCalifornia Insurance Guarantee AssociationBroadspireSuperior National Insurance CompanyliquidationJuan Manuel Vargaspermanent disabilityvocational rehabilitationagreed medical evaluator
References
5
Case No. ADJ4696795 (SJO 0266117)
Regular
Aug 10, 2012

RUDOLPH GARCIA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a WCJ's order for a replacement QME panel. The WCAB found that the applicant's attorney erred in sending a request for a supplemental report to an incorrect address for the QME, despite the QME's report listing two addresses. Consequently, the QME did not receive the request and did not issue a supplemental report within 60 days. The WCAB determined that allowing a new panel would cause prejudice and unnecessary cost to the defendant.

Workers' Compensation Appeals BoardRemovalQME panelsupplemental reportcompensable consequenceindustrial injurydelivery driveradministrative law judgePetition for Removalfindings and order
References
4
Case No. VNO 0509301
Regular
Jul 21, 2008

JOSE MEJORADA vs. VINCENT PONE PLASTERING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing Jose Mejorada's claim for lack of prosecution. The dismissal occurred because the applicant's attorney allegedly failed to provide updated contact information, leading to missed notices. However, the WCAB found that the defendant had been sending mail to an incorrect address, and the applicant's attorney's failure to update their address on file was not sufficient cause for dismissal given these circumstances. The case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationDismissalLack of ProsecutionAgreed Medical ExaminerQualified Medical EvaluationPetition for ReconsiderationFindings and AwardNotice of Intention to DismissDeclaration of Readiness to Proceed
References
1
Case No. ADJ2006433 (LAO 0799986) ADJ2790090 (LBO 0278759)
Regular
Jun 21, 2010

ORANGE PORTER vs. WESTEC GEAR CORPORATION, CNA CASUALTY OF CALIFORNIA

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the administrative law judge's (WCJ) decision. The defendant argued the WCJ erred by not specifying injured body parts, using incorrect indemnity rates, and inadequately addressing credit for overpayments and wage loss. The Board agreed that clarification and correction were necessary regarding indemnity rates, credit application between cases, and the extent of injury. The case is returned to the WCJ for further proceedings and a new decision addressing these issues.

WCABPetition for ReconsiderationJoint Findings and Awardcumulative injuryspecific industrial injurycervical spineextremitiespsychetemporary disability indemnitypermanent disability indemnity
References
0
Case No. ADJ3040080 (VEN 0121790), ADJ1943127 (VEN 0121791)
Regular
Mar 05, 2012

SEAN SCHIEMANN vs. PARADISE CHEVROLET, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to address inconsistencies in two separate awards for the same applicant's industrial injuries. The Board found that the administrative law judge's awards of permanent disability exceeded 100% for the same body regions, contrary to Labor Code section 4664(c)(1), and that temporary disability dates were incorrectly determined. Consequently, the Board rescinded the prior awards and returned the cases to the trial level for new decisions that properly address injured body parts, temporary and permanent disability, and attorney fees, ensuring compliance with statutory limitations.

SCIFParadise ChevroletSubsequent Injuries Benefits Trust Fundcumulative traumaspecific industrial injurybackneckelbowsright wristknees
References
1
Case No. MISSING
Regular Panel Decision

Brooklyn Housing & Family Services, Inc. v. Lynch

Petitioners initiated a CPLR article 78 proceeding and declaratory judgment action challenging the Division of Housing and Community Renewal's (DHCR) promulgation of a new Rent Stabilization Code. They initially served DHCR at an incorrect address but correctly served the New York State Attorney General. After discovering their error, petitioners attempted re-service and moved for an extension of time to serve process under CPLR 306-b. Respondents moved to vacate a default order that had previously granted petitioners' extension. The court granted respondents' motion to vacate their default, but also granted petitioners' motion for an extension of time to serve, deeming the later service at the correct address proper under the 'interest of justice' standard, despite a lack of 'good cause' for the initial mistake. The decision clarified that the loss of a statute of limitations defense does not constitute sufficient prejudice to deny an extension when the 'interest of justice' is served.

CPLR 306-bService of ProcessStatute of LimitationsCommencement by FilingGood Cause StandardInterest of Justice StandardExcusable NeglectVacatur of DefaultRent Stabilization Code ChallengeAdministrative Procedure Act
References
23
Case No. MISSING
Regular Panel Decision

Schenectady County Society for the Prevention of Cruelty to Animals, Inc. v. Mills

The case concerns a dissenting opinion regarding a request by petitioners to the Department of Education for the business addresses of licensed veterinarians and veterinary technicians in Schenectady County. The Department maintains a database of nearly 800,000 licensed professionals but does not differentiate between residential and business addresses. While the majority concluded that disclosing business addresses would not violate personal privacy, the dissenting judge, Malone Jr., argues that disclosing residential addresses would constitute an unwarranted invasion of privacy, emphasizing a heightened privacy concern for home addresses. The dissent criticizes the majority's reliance on an advisory opinion and proposes that affected licensees should be given notice and an opportunity to intervene to protect their privacy rights. The final order reversed the prior judgment and granted the petition, allowing the disclosure of addresses.

Licensing InformationProfessional ConductPrivacy RightsPublic RecordsFreedom of Information LawResidential AddressesBusiness AddressesVeterinariansVeterinary TechniciansSchenectady County
References
10
Case No. ADJ10151263
Regular
Sep 28, 2018

BRIAN HINES vs. STATE OF CALIFORNIA CDCR PAROLE & COMMUNITY SERVICES, LEGALLY UNINSURED; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, ADJUSTING AGENCY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning a lien claim by the CCPOA Benefit Trust Fund. The original stipulations incorrectly identified the lien claimant and its right to reimbursement. The WCAB amended the stipulations to correctly name the lien claimant and affirmed the award, clarifying that the defendant reserves the right to address any other lien claims.

CCPOA Benefit Trust FundPetition for ReconsiderationStipulations With Request for AwardWCJAwarddenied due processsupplemental pleadingWorkers' Compensation Appeals BoardLegally UninsuredAdjusting Agency
References
0
Case No. ADJ2711834 (LBO 0304965) ADJ2486196 (LBO 0309438) ADJ2622434 (LBO 0308004)
Regular
Oct 15, 2008

IRMA RAMIREZ vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) rescinded the dismissal of Sidhu Chiropractic's lien claim because the County of San Bernardino improperly served the dismissal order due to an incorrect address. The defective service deprived Sidhu of due process rights to notice and an opportunity to be heard on the dismissal of its lien. The case is returned to the trial level for further proceedings on the merits of Sidhu's lien claim.

Sidhu ChiropracticLien ClaimReconsiderationOrder Dismissing LienDefective ServiceOfficial Address RecordDue ProcessNoticeOpportunity to Be HeardRescind
References
3
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