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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Apr 07, 1979

Claim of Lennon v. Kaiser

The Workers’ Compensation Board reversed a referee’s decision, determining that on January 24, 1975, the claimant was an employee of partners Ralph Kaiser and William Benson, and sustained injuries during employment. Testimony revealed conflicts regarding the claimant’s employment status and duties. Kaiser stated he never met the claimant until the day of the incident and instructed him to stay on the ground, yet admitted to an oral partnership with Benson and sharing profits. The claimant, conversely, testified both partners gave him directions, with Kaiser telling him to push shingles, and Benson having previously paid him. Despite the conflicting accounts, the board's finding of employment and injury was affirmed due to substantial evidence in the record.

Workers' CompensationEmployment RelationshipPartnershipAccidentInjurySubstantial EvidenceAppellate ReviewConflicting TestimonyRoofing BusinessEmployee Status
References
0
Case No. MISSING
Regular Panel Decision

Reed v. Great Meadow Correctional Facility

The decision addresses a habeas corpus petition filed by Robert Reed against Great Meadow Correctional Facility. Reed had been convicted of two counts of first-degree rape in Niagara County, a conviction which was largely affirmed on appeal, though his sentences were modified to run concurrently. He raised four primary grounds for federal habeas relief: insufficiency of evidence, incredibility of witnesses, prosecutorial misconduct, and improper consolidation of indictments during his trial. The court, however, rejected each of Reed's arguments, finding that the evidence presented at trial was constitutionally sufficient, witness credibility was properly within the jury's discretion, no prosecutorial misconduct as defined by precedent occurred, and the joinder of indictments was appropriate. Citing relevant case law, the court determined that the petitioner failed to demonstrate actual prejudice from the joinder and that the jury was properly instructed. As a result, the petition for habeas corpus was dismissed, and a certificate of appealability was denied, as the court found no substantial showing of the denial of a constitutional right.

Habeas CorpusRape ConvictionInsufficiency of EvidenceWitness CredibilityProsecutorial MisconductJoinder of IndictmentsDue ProcessActual Prejudice StandardFederal Habeas ReliefState Court Conviction
References
18
Case No. 2025 NY Slip Op 04542
Regular Panel Decision
Aug 06, 2025

Carbone v. ISS Facility Servs., Inc.

Joseph Carbone, an airline employee, sued ISS Facility Services, Inc. for personal injuries after a slip and fall at JFK Airport. The parties entered into a settlement agreement for $150,000, conditional upon the defendant resolving a workers' compensation lien, which the defendant subsequently did. Carbone then refused to complete the settlement paperwork. The Supreme Court, Queens County, granted the defendant's motion to enforce the agreement. The Appellate Division, Second Department, affirmed this decision, holding that the settlement met CPLR 2104 requirements, contained all material terms, and evidenced mutual assent, with no valid grounds presented by the plaintiff to invalidate it.

Personal InjurySlip and FallSettlement AgreementContract EnforcementCPLR 2104Workers' Compensation LienAppellate ProcedureMutual AssentUnconscionable ContractSupreme Court
References
6
Case No. MISSING
Regular Panel Decision
Dec 21, 2000

Clarke v. One Source Facility Services, Inc.

This case concerns Sylvester Clarke's claims of employment discrimination and retaliatory discharge under Title VII against One Source Facility Services, Inc. Clarke, an African-American male, alleged discrimination stemming from a refusal of non-union work, which he claimed led to his removal from a position and a series of adverse employment actions. He pursued these grievances through union complaints and two administrative complaints with the New York State Division of Human Rights in 1996 and 1998. The court granted summary judgment to the defendant on the discrimination claim, finding a lack of evidence for racial animus. However, the court denied summary judgment on the retaliation claim, concluding that genuine issues of material fact existed regarding a potential pattern of retaliatory conduct by the employer following Clarke's protected activities.

Employment DiscriminationRetaliatory DischargeTitle VIISummary JudgmentMcDonnell-Douglas FrameworkPrima Facie CasePretextRacial DiscriminationUnion GrievanceAdministrative Complaint
References
21
Case No. 525127
Regular Panel Decision
Jan 18, 2018

Matter of Maloney v. Wende Corr. Facility

Claimant Shawn Maloney, a correction officer, injured his right shoulder while working at Wende Correctional Facility. His workers' compensation claim was established. Conflicting medical reports from his treating orthopedist, Michael Grant (90% SLU), and an independent medical examiner, Gregory Shankman (50% SLU), led to a hearing. The Workers' Compensation Law Judge (WCLJ) credited Shankman's opinion, finding a 50% schedule loss of use (SLU) of the right arm. The Workers' Compensation Board upheld this decision. On appeal, the claimant argued the employer waived defenses by not filing a prehearing conference statement, but the court disagreed, noting the claim was not controverted. The Appellate Division affirmed the Board's decision, finding substantial evidence supported crediting Shankman's medical opinion due to the Board's precedent against duplicative assignments of loss of use values for anterior flexion and abduction deficits.

Schedule Loss of Use (SLU)Right Arm InjuryShoulder InjuryOrthopedic EvaluationMedical Expert TestimonyConflicting Medical EvidenceAppellate Division Third DepartmentPrehearing Conference Statement RuleWaiver of DefensesMedical Impairment Guidelines
References
8
Case No. 2019 NY Slip Op 09078 [178 AD3d 1268]
Regular Panel Decision
Dec 19, 2019

Matter of Donovan v. DOCCS Coxsackie Corr. Facility

Danl D. Donovan, a correction sergeant, sustained a work-related hip injury. His employer, DOCCS Coxsackie Correctional Facility, advanced his wages and sought reimbursement. Following an award for a schedule loss of use, a dispute arose regarding the deduction of attorney fees from the claimant's payment, which the Workers' Compensation Board upheld. While Donovan's appeal was pending before the Appellate Division, the Board issued an amended decision based on a new legal rationale. Consequently, the Appellate Division, Third Department, dismissed the initial appeal as moot.

Workers' CompensationSchedule Loss of UseAttorney Fee DeductionReimbursement DisputeMoot AppealAppellate DivisionWork-related InjuryWage ReimbursementIndependent Medical ExaminerAdministrative Review
References
2
Case No. 2025 NY Slip Op 02248 [237 AD3d 1379]
Regular Panel Decision
Apr 17, 2025

Matter of Jehle v. DOCCS Coxsackie Corr. Facility

William Jehle, a correction officer, sustained a work-related injury, prompting his employer, DOCCS Coxsackie Correctional Facility, to continue paying his full wages. The employer sought reimbursement, and Jehle's attorney filed for counsel fees. The Workers' Compensation Law Judge (WCLJ) established the claim, found a temporary total disability, awarded a credit to the employer for wage reimbursement, and granted counsel fees of $4,300 as a lien against this reimbursement. The Workers' Compensation Board affirmed the WCLJ's decision, deeming the lien proper under Workers' Compensation Law § 24 (2) (b). The Appellate Division, Third Department, further affirmed the Board's decision, holding that an award for previously unawarded benefits constitutes an 'increase' under the law, and that counsel fees are appropriately a lien against the employer's reimbursement, dismissing arguments of the employer subsidizing fees.

Counsel FeesLien on AwardEmployer ReimbursementTemporary Total DisabilityWorkers' Compensation LawAppellate ReviewCorrection OfficerWage ReimbursementStatutory InterpretationClaimant Attorney Fees
References
3
Case No. 2021 NY Slip Op 06800
Regular Panel Decision
Dec 07, 2021

Harris v. Pelham Parkway Nursing Care & Rehabilitation Facility LLC

Plaintiff Mariantha Harris appealed an order from Supreme Court, Bronx County, denying her cross motion for summary judgment dismissing an affirmative defense based on the exclusivity provision of the Workers' Compensation Law. The Appellate Division, First Department, reversed the order, granting Harris's cross motion. Harris successfully established prima facie that she was not an employee of Pelham Parkway Nursing Care and Rehabilitation Facility LLC at the time of her accident, but rather was solely employed by nonparty Clear Choice, P.C. The defendant failed to provide sufficient evidence to support its claim that Harris was its special employee, with its reliance solely on the plaintiff performing duties at its nursing home being insufficient. Additionally, the court found the doctrine of judicial estoppel inapplicable because plaintiff had not secured a judgment in her favor in the prior proceeding, and the defendant's prematurity argument was improperly raised for the first time on appeal.

Summary JudgmentExclusive RemedyEmployment StatusSpecial EmployeeSlip and FallJudicial EstoppelAppellate ProcedureCross MotionAffirmative DefenseClear Choice P.C.
References
6
Case No. ADJ3093533 (MON 259690) ADJ676332 (MON 257523)
Regular
May 15, 2009

PEARLENE POWELL vs. SO. CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE MEDICAL CARE PROGRAM; ST. JOHN'S HEALTH CENTER, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board denied Kaiser's petition for reconsideration, upholding the finding that the applicant's permanent disability was 100% and not subject to apportionment to St. John's employment. St. John's petition for reconsideration was granted in part to correct a procedural error. The Board amended the prior decision to reinstate the applicant's January 11, 2005 Amended Findings, Award and Order, confirming the prior findings.

ApportionmentAgreed Medical ExaminerSubstantial EvidencePermanent DisabilityReconsiderationPetitionFindings and OrderAmended FindingsAwardOrder
References
1
Case No. MON 0278744
Regular
Nov 26, 2007

JULIANA LAMBETH vs. RN NETWORK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR PHICO INSURANCE, KAISER PERMANENTE

In this workers' compensation case, the applicant sustained an injury in 1999 while employed by both RN Network (general employer) and Kaiser Permanente (special employer). The Workers' Compensation Appeals Board denied Kaiser's petition for reconsideration, affirming the dismissal of CIGA and holding Kaiser solely liable. The Board found that Kaiser's self-insured status constituted "other insurance" under Insurance Code section 1063.1(c)(9), thereby precluding CIGA's liability, regardless of contractual agreements between the employers attempting to shift liability.

SPECIAL EMPLOYERGENERAL EMPLOYERCIGAOTHER INSURANCESELF-INSURED STATUSWORKERS' COMPENSATION COVERAGEJOINT AND SEVERAL LIABILITYCONTRACTUAL EXCLUSIONINDUSTRIAL INJURYLIQUIDATED INSURER
References
4
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