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

Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. ADJ9903270
Regular
Jun 17, 2019

YESENIA MELENDEZ vs. KC PHARMACEUTICALS, EVEREST NATIONAL INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

In this workers' compensation case, lien claimant ResHealth Medical Group's petition for reconsideration was denied because its corporate status was suspended by the Franchise Tax Board (FTB) as of April 1, 2016. This suspension prevented ResHealth from prosecuting its lien. While Javlin Three, an alleged assignee, contended it could pursue the lien, it failed to provide evidence that the assignment covered the specific accounts receivable in question. Furthermore, Javlin's own capacity to sue as an assignee was questionable if the assignment occurred after ResHealth's FTB suspension.

Workers' Compensation Appeals BoardFTB suspensionFranchise Tax BoardResHealth Medical GroupJavlin Threelien claimantassigneeassignorLabor Code section 4903.8(a)(1)cease doing business
References
12
Case No. ADJ9119397
Regular
Apr 03, 2019

Jesse Lazoya, Jr. vs. IE Rental Homes doing business as Pama Management, Insurance Company of the West

This case involves a lien claimant, Javlin Three, seeking reconsideration of a prior finding that they lacked standing. The Workers' Compensation Appeals Board denied reconsideration, adopting the Judge's report that found no valid assignment, thus precluding Javlin Three from raising issues. The Board noted that the underlying issue of a potential stay on ResHealth Medical Group's lien has not yet been decided and may be consolidated with other related cases. Therefore, Javlin Three's petition for reconsideration is denied.

Petition for ReconsiderationLien ClaimantStandingValid AssignmentLabor Code 4615StayWCJ ReportMaster FileOrder of ConsolidationDesignation of Master File
References
1
Case No. ADJ9849559
Regular
Sep 08, 2017

MARIA ESTEVEZ vs. WALMART ASSOCIATES, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the original order to defer the disposition of Reshealth Medical Group's lien. The Board found that the WCJ failed to make necessary factual findings regarding the timing of the assignment of the lien to Javlin Three LLC, a critical issue given Reshealth's suspension by the Franchise Tax Board. The matter was returned for further proceedings to address whether the assignment was valid before or after Reshealth's corporate suspension, and potentially the validity of the assignment under Labor Code section 4903.8. The Board otherwise affirmed the original findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgeLienAssignmentFranchise Tax Board suspensionCorporate statusCapacity to sueLabor Code 5313
References
10
Case No. MISSING
Regular Panel Decision

People v. Herring

County Court granted Joseph F. Cawley enhanced assigned counsel fees under "extraordinary circumstances" according to County Law § 722-b, exceeding statutory limits. The County of Broome appealed, arguing a question of statutory construction regarding whether "foregoing limits" in § 722-b applied to hourly rates or only total amounts. The appellate court found this argument unpersuasive, viewing it as an attempt to appeal a discretionary award. Citing precedent, including Matter of Werfel v Agresta and Matter of Director of Assigned Counsel Plan of City of N. Y. (Bodek), the court affirmed that trial court orders on enhanced fees are administrative and not subject to appellate judicial review on the merits. Consequently, the appeal brought by the County of Broome was dismissed with costs.

Assigned Counsel FeesExtraordinary CircumstancesStatutory InterpretationAppellate JurisdictionJudicial DiscretionCounty Law 722-bAdministrative ReviewJusticiable ControversyHourly RatesFee Schedules
References
4
Case No. ADJ9505835
Regular

FRANCISCO MEDRANO vs. ARMORCAST PRODUCTS, U.S. FIRE INSURANCE

This case concerns a lien filed by Reshealth Medical Services, which is a suspended corporation, and its assignee Javlin Three, LLC. The Appeals Board dismissed Reshealth's petition for reconsideration because the prior order was not a final determination. The Board granted removal to correct the record, clarifying that no Labor Code section 4615 stay was ordered, but affirmed Reshealth's suspension and disqualification from pursuing its lien. Javlin's request for further proceedings to prove its assignment was denied due to failure to present evidence timely during discovery and at hearings.

Workers' Compensation Appeals BoardSuspended CorporationFranchise Tax BoardLien ClaimantPetition for ReconsiderationPetition for RemovalLabor Code Section 4615Due ProcessEvidentiary HearingFinal Order
References
19
Case No. ADJ9259156
Regular
Jan 05, 2017

SIDNEY SWANSON vs. LAS VEGAS LA EXPRESS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's findings. The Board found that a stipulation regarding the assignment of a lien from Mesa Pharmacy to Javlin Three LLC did not sufficiently address enforceability under Labor Code section 4903.8. Due to insufficient development of the record regarding the assignment's validity and Mesa's current business status, the case was returned to the trial level for further proceedings. This ensures due process by allowing for the presentation of evidence and potential testimony on these crucial issues.

Mesa PharmacyJavlin Three LLClien claimantassignment of rightsreimbursementLabor Code Section 4903.8standingMinutes of Hearingevidentiary hearingPetition for Reconsideration
References
4
Case No. ADJ9178612
Regular
Aug 09, 2016

CARMELLINA GITUKU vs. ALTA HOME CARE, CYPRESS INSURANCE COMPANY

This case concerns the disallowance of liens filed by Reshealth Medical Group and Mesa Pharmacy, assigned to Javlin Three LLC, for failing to comply with Labor Code section 4903.8. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the original decision improperly applied the statute and lacked sufficient evidence. The WCAB rescinded the original decision, returning the case to the trial level for further development of the record, particularly concerning the effective dates of assignments and the business status of the original lien claimants. The WCAB also noted potential due process concerns regarding service but found no actual prejudice to the parties.

Labor Code Section 4903.8Lien ClaimantAssignment of LienReshealth Medical GroupMesa PharmacyJavlin Three LLCMaximum MedicalPetition for ReconsiderationFindings and OrdersDue Process
References
0
Case No. MISSING
Regular Panel Decision

Fay v. Assignment America

Plaintiff Jean Fay, a respiratory technician, sued defendants Ann Ayars, Assignment America, Daniel McDonough, and Cross-Country Health Care Personnel, Inc., for negligence. Fay alleged that she suffered physical and mental injuries after being attacked by a patient, Bart McCagg, while administering oxygen. She claimed that Ayars, a nurse, failed to take adequate steps to control McCagg despite Fay's warnings. The Supreme Court denied the defendants' motion for summary judgment. This appellate court reversed the Supreme Court's order, finding that no cognizable duty existed between any defendant and the plaintiff to prevent the third-party patient from causing harm, as there was no special relationship or control over McCagg's actions. Therefore, the complaint was dismissed.

NegligenceDuty of CareSummary JudgmentThird-Party LiabilitySpecial RelationshipHospital SettingRespiratory TechnicianNursePatient AttackVicarious Liability
References
8
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