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

Case No. ADJ8396939, ADJ8169531
Regular
Feb 15, 2019

JUAN SOLORIO vs. REZEK LIGHTING ALTEMIDE, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board case, applicant Juan Solorio filed a Petition for Reconsideration. However, the petitioner subsequently withdrew this petition. Consequently, the Board has issued an order dismissing the Petition for Reconsideration.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardRezek Lighting AltemideState Compensation Insurance FundJuan SolorioADJ8396939ADJ8169531Marina Del Rey
References
0
Case No. CA 10-02273
Regular Panel Decision
Oct 07, 2011

MAZURETT, JUAN v. ROCHESTER CITY SCHOOL DISTRICT

The plaintiffs, Juan Mazurett and Theresa Mazurett, commenced a Labor Law and common-law negligence action against the Rochester City School District after Juan Mazurett was injured in a fall from a collapsing scaffold at a construction site. The accident occurred while he was attempting to climb the scaffold provided by his employer, the general contractor. The Supreme Court granted the plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1) and partially denied the defendant's cross motion for summary judgment. The Appellate Division affirmed the Supreme Court's order, concluding that the plaintiffs established a prima facie violation of Labor Law § 240 (1) due to the scaffold's collapse. The court rejected the defendant's argument that the plaintiff's conduct was the sole proximate cause of the accident, finding no evidence that the plaintiff refused to use available safety devices.

Personal InjuryScaffold AccidentLabor Law ViolationConstruction Site SafetyProximate CauseSummary Judgment MotionAppellate ReviewWorker SafetyStatutory DutyNew York Law
References
11
Case No. CV-24-0601
Regular Panel Decision
Oct 02, 2025

In the Matter of the Claim of Juan Duta-Zumba

In July 2022, claimant Juan Duta-Zumba filed a workers' compensation claim for injuries sustained in a ladder fall while working for Level 5 Carpentry. The employer and its carrier, Urban Atelier Group, LLC and SiriusPoint America Insurance, controverted the claim, disputing employment. A Workers' Compensation Law Judge (WCLJ) credited claimant's testimony, establishing Level 5 Carpentry as the employer and confirming work-related injuries. The Workers' Compensation Board affirmed this decision. The carrier appealed, contending the accident was unwitnessed and their due process rights were violated. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported the Board's findings regarding the accident and injuries, and that the carrier received adequate due process.

Workers' CompensationLadder FallWork-Related InjuryCredibility DeterminationDue ProcessStatutory PresumptionAppellate ReviewEmployment DisputeMedical EvidenceThird Judicial Department
References
14
Case No. 533094
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Juan Bidot

Juan A. Bidot, a probation officer, filed an occupational disease claim for workers' compensation benefits, alleging he developed posttraumatic stress disorder, anxiety, and depression due to prolonged exposure to sex offenders. Initially, a Workers' Compensation Law Judge established the claim. However, the Workers' Compensation Board reversed this decision, disallowing the claim because Bidot failed to demonstrate that his psychological stress was greater than that experienced by similarly situated officers. Bidot appealed the Board's denial of his request for reconsideration and/or full Board review. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as Bidot failed to present newly discovered evidence or a material change in condition.

Occupational DiseasePosttraumatic Stress DisorderPTSDMental HealthWorkers' Compensation ClaimAppellate ReviewJudicial DiscretionReconsideration ApplicationBoard ReviewProbation Officer
References
9
Case No. 532061
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Juan Abad

Claimant Juan Abad, a general employee of Vanety's Service, LLC and special employee of ACME Furniture, sustained injuries from a fall and filed for workers' compensation benefits. Initially, a Workers' Compensation Law Judge found Vanety's 100% liable. The Workers' Compensation Board later modified this decision, establishing a general/special employment relationship and equally apportioning liability between Vanety's and ACME. ACME appealed, contesting the apportionment and alleging a denial of due process. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding the apportionment to be within the Board's discretion and the due process claim to be unsubstantiated by the record.

Workers' Compensation BenefitsGeneral/Special EmploymentLiability ApportionmentStaffing AgencyAppellate DivisionDue ProcessBoard Decision ModificationCarrier AppealInjuryLadder Fall
References
6
Case No. MISSING
Regular Panel Decision

Solorio v. Asplundh Tree Expert Co.

Plaintiff Hector Solorio suffered a severe brain injury after falling 30-40 feet from an aerial lift while working. He sued the lift's manufacturers, the Asplundh parties, who then impleaded Solorio's employer, Samar Tree Service, Inc., and its owner for indemnification. Samar moved for summary judgment, arguing that New York Workers’ Compensation Law § 11 barred the third-party claims because Solorio did not sustain a "grave injury." The court analyzed conflicting medical expert testimony regarding Solorio's permanent total disability and unemployability. Finding a genuine issue of material fact as to whether Solorio's brain injury constituted a "grave injury" under the statute, the court denied Samar's motion for summary judgment.

Workers' Compensation LawGrave InjuryPermanent Total DisabilitySummary Judgment MotionPersonal InjuryAerial Lift AccidentBrain InjuryMedical Expert OpinionEmployabilityThird-Party Indemnification
References
29
Case No. MISSING
Regular Panel Decision

Juan PP. v. Yvette OO.

Yvette OO., the mother of Calmeek and Carlos, appealed an order from the Family Court of Albany County. The original order, entered May 13, 2004, granted custody of Carlos to his father, Juan PE, and extended the foster care placement of Calmeek, following a finding of neglect against the mother in 2002. The mother challenged the custody award to the father, citing his history of domestic violence. However, the Appellate Division affirmed the Family Court's decision, concluding that there was a sound and substantial basis in the record for the determination. The court noted the father's significant progress in anger management and parenting skills services, as well as a caseworker's recommendation, which supported the finding that awarding him custody was in Carlos's best interests, despite past concerns.

CustodyParental FitnessDomestic ViolenceSubstance AbuseChild NeglectFoster CareBest Interests of ChildAppellate ReviewFamily LawChild Protection
References
6
Case No. ADJ7737914
Regular
Jan 03, 2017

JUAN ANGUIANO vs. WELL LUCK CO.

In ADJ7737914, applicant Juan Anguiano sought reconsideration of a decision filed October 18, 2016. The Workers' Compensation Appeals Board granted reconsideration to allow for further study of the factual and legal issues. This action is necessary to ensure a complete understanding of the record and to issue a just decision. All future correspondence regarding the petition must be filed directly with the Appeals Board in San Francisco, not through the district office or e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan Francisco District OfficeElectronic Adjudication Management System (EAMS)
References
1
Case No. ADJ4199705
Regular
Oct 28, 2010

JUAN BURCIAGA vs. CONCO COMPANIES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied Juan Burciaga's Petition for Reconsideration and Removal. The WCAB adopted the findings and recommendations of the administrative law judge's report in its entirety. Additionally, the WCAB admonished the petitioner for violating WCAB Rule 10842 by attaching irrelevant or already submitted evidence, warning of potential sanctions. This denial means the prior decision in the case remains in effect.

Petition for ReconsiderationRemovalWCAB Rule 10842SanctionsLabor Code Section 5813Administrative Law JudgeWorkers' Compensation Appeals BoardConco CompaniesAthens AdministratorsJuan Burciaga
References
1
Case No. ADJ8251949
Regular
Jun 18, 2014

CLIDA SOLORIO vs. CARL'S JR., TRAVELERS PROPERTY AND CASUALTY

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration in the case of *Solorio v. Carl's Jr.* The WCAB adopted the reasoning of the Workers' Compensation Administrative Law Judge (WCJ) and gave significant weight to the WCJ's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.ADJ8251949Carl's Jr.Travelers Property and CasualtySolorioadministrative law judge
References
1
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