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

Case No. ADJ2849820
Regular
Apr 26, 2010

, RAMIZA SISIC (WID), BAJRO SISIC (DEC) vs. VASONA MANAGEMENT, INC., US FIRE INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an award of death benefits following an employee's suicide. The defendant argued the administrative law judge erred in finding the suicide was an irresistible impulse, that the psychologist was unqualified, and that the son was not a total dependent. The Workers' Compensation Appeals Board affirmed the judge's findings, adopting the judge's report and denying the petition for reconsideration. The issue of applicant's petition for penalties and sanctions was deferred for further trial-level proceedings.

Death benefitsIndustrial injuryIrresistible impulseWillful and deliberateSuicideVasona ManagementUS Fire Insurance CompanyBajro SisicRamiza SisicErnes Sisic
References
1
Case No. ADJ10275361
Regular
Jan 27, 2020

RUSSELL MCFADDEN (deceased); RENEE MCFADDEN, JAZMINE MCFADDEN, and RUSSELL MCFADDEN, II vs. KEOLIS TRANSIT AMERICA; LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a judge's decision denying a death benefit claim for Russell McFadden, who died by suicide. The applicant contended his death resulted from an industrial psychiatric injury due to occupational stress. Medical evidence indicated that industrial factors were only a 35% cause of the decedent's psychiatric disorder, with significant pre-existing conditions and drug use being the predominant causes. Furthermore, the Board found no evidence that the suicide was an irresistible impulse, distinguishing it from cases where an industrial injury directly causes a mental condition that prevents resistance to suicide. Therefore, the claim was denied based on the psychiatric injury not being predominantly industrially caused and the suicide not meeting the criteria for compensability.

Workers Compensation Appeals BoardRenee McFaddenKeolis Transit AmericaLiberty Mutual Insurance CompanyADJ10275361Opinion and Decision After ReconsiderationIndustrial Psychiatric InjuryOccupational Stress and StrainCompensable Death ClaimLabor Code Section 3600(a)(6)
References
6
Case No. MISSING
Regular Panel Decision
Jan 08, 1990

In re Rafael M.

An order of disposition from the Family Court, Bronx County, adjudicating an appellant a juvenile delinquent and placing him in custody, was unanimously affirmed. The appellant admitted to acts of unauthorized vehicle use, and despite initial parole conditions, showed a lack of seriousness and a history of truancy. Psychological evaluations recommended a structured environment due to the appellant's low intellectual function, poor judgment, and impulse control. The court determined that placement with a private agency or the Division for Youth was the least restrictive alternative consistent with the appellant's needs and community protection. The appellate court found that the Family Court acted within its broad discretion in reaching its conclusion.

Juvenile DelinquencyFamily LawProbation ViolationTruancyPlacementLeast Restrictive AlternativeChild WelfareAppellate ReviewPsychological EvaluationVehicle Theft
References
2
Case No. MISSING
Regular Panel Decision

Claim of Bell v. Utica Corp.

Claimant sought workers' compensation benefits for neck and shoulder injuries sustained during a work-related altercation with a supervisor. The Workers’ Compensation Board reversed a WCLJ decision, concluding claimant's injuries stemmed from his willful intention to injure the supervisor and dismissed the claim. On appeal, the court found this determination improper, noting the absence of evidence for purely personal animosities and that initial aggression alone does not establish willful intent. The court emphasized that work-related altercations are generally compensable unless there's clear proof of a willful and deliberate intent to harm, beyond impulsive action. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings consistent with the court's findings.

Workplace Injury ClaimEmployee DisputeIntentional Injury DefenseBenefit Eligibility DisputeAppellate Review of Board DecisionRemand for Further ProceedingsEvidentiary ReviewInitial Aggressor DoctrineScope of Employment AnalysisLegal Presumptions
References
8
Case No. MISSING
Regular Panel Decision

Lennon v. Cornwall Central School District

This case involves a dissent concerning a negligent supervision lawsuit. In 2010, two sixth-grade students, Caitlin Lennon and Cara D. Dimedio, were allegedly injured when 11-year-old Ryan Arzu collided with them during a school field trip to the Bronx Zoo. Their parents, Sharon Lennon and Christopher Dimedio, sued the Cornwall Central School District and chaperone Daisy Melendez. The School District moved for summary judgment, arguing they lacked specific knowledge of Ryan's prior dangerous conduct and the incident was an unforeseeable impulsive act. The Supreme Court denied this motion, but P.J. Eng dissents, asserting that the School District met its burden to demonstrate no liability and the motion for summary judgment should have been granted.

Negligent supervisionSchool liabilitySummary judgmentField trip injuryStudent collisionProximate causeNotice of dangerous conductImpulsive actBronx ZooAppellate dissent
References
10
Case No. MISSING
Regular Panel Decision

Jimmeson v. Berryhill

Plaintiff Makesha Jimmeson challenged the denial of her application for disability insurance benefits by the Commissioner of Social Security. The court found that the Administrative Law Judge (ALJ) failed to classify plaintiff's bipolar and impulse control disorders as severe impairments at Step Two of the evaluation process, an error deemed not harmless as these disorders could explain her treatment non-compliance. Furthermore, the ALJ mischaracterized a consultative psychiatric evaluation by Dr. Finnity, diluting her clear findings of plaintiff's inability to maintain a regular schedule, relate to others, and deal with stress. This led to an unsupported Residual Functional Capacity assessment. Consequently, the court granted the plaintiff's motion for judgment on the pleadings, denied the Commissioner's cross-motion, and remanded the case for further proceedings consistent with this order.

Social Security ActDisability BenefitsJudicial ReviewAdministrative Law Judge ErrorBipolar DisorderImpulse Control DisorderMental Health ImpairmentTreatment Non-complianceConsultative ExaminationResidual Functional Capacity
References
17
Case No. MISSING
Regular Panel Decision

O'Neal v. Archdioceses of New York

In this dissenting opinion, Judge Crane argues for the reversal of an order that granted summary judgment, dismissing a complaint against the Archdioceses of New York and Pius 12 Residential Services — Chester Campus Program. The core issue revolves around the defendants' alleged negligent supervision, leading to an assault where student William Cook broke Israel O'Neal's jaw. Judge Crane contends that the defendants failed to demonstrate a lack of actual or constructive notice regarding Cook's documented violent tendencies, citing extensive behavioral records. Contrary to the majority's view of an impulsive attack, the dissent details a prolonged altercation between the students, suggesting supervisory staff had ample opportunity to intervene. Therefore, the dissenting judge concludes that the motion for summary judgment should have been denied, and the complaint reinstated.

Negligent SupervisionSummary Judgment MotionDissenting OpinionSchool LiabilityStudent InjuryActual NoticeConstructive NoticeAssault and BatteryProximate CauseEducational Institutions
References
10
Case No. MISSING
Regular Panel Decision

In re Maria A.

This case involves an appeal from an order of disposition by the Family Court, Kings County, dated April 19, 1979, which found appellant Maria to be a juvenile delinquent and placed her with the Division for Youth, Title III, for 18 months. Maria argued that her placement was not supported by a preponderance of the evidence and that less coercive alternatives were not considered. The delinquency finding stemmed from Maria's admission to acts constituting second-degree robbery and second-degree manslaughter. At the dispositional hearing, conflicting expert opinions were presented regarding the appropriate placement, with court-appointed experts favoring a more secure facility due to concerns about Maria's impulse control, while appellant's experts suggested an open residential setting. The appellate court affirmed the order, finding no basis for reversal after balancing the child's needs and community protection.

Juvenile DelinquencyFamily CourtOrder of DispositionPlacementDivision for YouthRobberyManslaughterPreponderance of EvidenceDispositional HearingResidential Facility
References
1
Case No. KA 14-00721
Regular Panel Decision
Mar 20, 2015

SCZERBANIEWICZ, THOMAS, PEOPLE v

The case involves an appeal by Thomas Sczerbaniewicz from an Onondaga County Court order classifying him as a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). The Board of Examiners of Sex Offenders initially recommended a level one risk but applied an override to level three due to a diagnosed psychological abnormality impacting impulse control. The County Court, while not applying the override, determined an upward departure to level three was warranted based on aggravating circumstances. The Appellate Division, Fourth Judicial Department, unanimously affirmed the order, finding clear and convincing evidence that aggravating circumstances, such as the defendant's involvement in a child pornography ring, possession of over 1,500 child pornography images, and admitted fantasies in prison, justified the upward departure. The court also rejected the defendant's request for a downward departure, concluding that his cited mitigating factors were outweighed by the aggravating circumstances.

Sex Offender Registration ActSORARisk AssessmentUpward DepartureChild PornographyPsychological AbnormalityAggravating CircumstancesDownward DepartureAppellate ReviewCriminal Law
References
8
Case No. MISSING
Regular Panel Decision

Fruit-Ices Corp. v. CoolBrands International Inc.

Plaintiff Fruit-Ices Corporation sued CoolBrands International Inc. for trade dress infringement and unfair competition under the Lanham Act, alleging that CoolBrands copied the distinctive trade dress of its FrozFruit frozen fruit bars with their Fruib-A-Freeze bars after failed acquisition attempts. The court found Fruit-Ices' trade dress to be inherently distinctive and non-functional, emphasizing the unique combination of its design elements. Applying the Polaroid factors, the court determined a strong likelihood of consumer confusion due to the substantial similarity of the products, their direct competition in the New York impulse bar market, evidence of actual confusion, and CoolBrands' apparent bad faith in adopting the similar trade dress. Consequently, the court granted Fruit-Ices' motion for a preliminary injunction, prohibiting CoolBrands from distributing Fruit-A-Freeze bars in their current, substantially similar trade dress within the specified market. The injunction will become effective upon the posting by plaintiff of a bond in the amount of $1,000,000.

trade dress infringementunfair competitionLanham Actpreliminary injunctionconsumer confusionFrozFruitFruit-A-Freezefrozen fruit barsNew York marketimpulse product
References
17
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