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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

Hammond v. Toy Industry Ass'n

Richard and Suzanne Hammond sued Toy Industry Association, Inc. (TIA), Freeman Decorating Services, Inc. (Freeman), and Jerome Bell for injuries Mr. Hammond sustained at the Jacob K. Javits Convention Center. CompWest Insurance Company intervened as a plaintiff. The defendants, third-party defendant Fiesta, and cross-claim defendants moved for summary judgment. The court granted Bell's motion to dismiss the Hammonds' claims due to a time-bar under N.Y. Public Authorities Law § 2570, finding Bell was an employee of NYCCOC. Freeman's motion for summary judgment on the Hammonds' negligence claims was denied, though the negligent supervision claim was dismissed. TIA's motion for summary judgment on the Hammonds' claims was granted, as TIA was deemed a licensee without control over the premises. The court denied various cross-motions for contractual indemnification between TIA, Freeman, and Fiesta, citing factual disputes, but dismissed TIA's common-law indemnification claims and all of Fiesta's cross-claims.

Summary JudgmentNegligence ClaimsPremises LiabilityContractual IndemnificationStatute of LimitationsSpecial Employer DoctrineWorkers' Compensation CarrierJavits Center AccidentTrade Show OperationsForklift Injury
References
38
Case No. MISSING
Regular Panel Decision

In re Karen F.

This case concerns an appeal from a Family Court order in Cortland County which found respondent's 16-year-old daughter, Karen, who has limited mental capacity, to be abused. The Family Court based its determination on testimony from the victim and other witnesses. Respondent's subsequent motion to vacate the finding due to newly discovered evidence, an affidavit from Karen's brother claiming she lied, was denied. The appellate court rejected a mootness argument and affirmed the Family Court's abuse finding, concluding it was sufficiently supported by the evidence despite minor discrepancies in accounts and the later recantation attempt.

Child AbuseFamily Court Act Article 10Abuse AdjudicationWitness CredibilityChild RecantationNewly Discovered EvidenceOrder of ProtectionAppellate ReviewMootness DoctrineSufficiency of Evidence
References
9
Case No. ADJ3156874
Regular
Sep 23, 2008

KAREN HAMMONDS vs. ALBERTSONS

The WCJ's decision awarding temporary disability benefits more than five years after the injury date was reconsidered. The Board amended the award to only allow payment for temporary total disability, not temporary partial disability.

AlbertsonsKaren HammondsADJ3156874OAK 0305966ReconsiderationFindings and AwardJuly 32008December 222001
References
1
Case No. MISSING
Regular Panel Decision

Karen B. v. Clyde M.

The case involves consolidated petitions for sole custody and orders of protection between an unmarried mother and father regarding their child, Mandi M. Initially, a joint custody order was in place. The mother subsequently alleged sexual abuse of Mandi by the father, leading to a temporary supervised visitation order and investigations by Social Services and a therapist. While one expert concluded abuse, another, along with the Department of Social Services, found no evidence of abuse and questioned the mother's credibility and motives. The court, weighing conflicting expert testimonies and observing witness demeanor, found the mother's allegations to be fabricated and likely an attempt to "program" the child to gain sole custody. Consequently, the court granted sole custody to the father and prohibited the mother's visitation and contact with Mandi until a rehabilitative program is established and compliance is verified by the Probation Department. All petitions for family offenses and violations of temporary orders of protection were dismissed due to lack of proof.

Child CustodySexual Abuse AllegationsFalse AllegationsParental Alienation SyndromeCredibility AssessmentExpert Witness TestimonyChild Protection ServicesVisitation RightsFamily LawParental Fitness
References
5
Case No. 534657
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Karen Reid

The Appellate Division, Third Judicial Department, affirmed a Workers' Compensation Board decision concerning the date of disablement for Donald Reid, deceased, in a claim filed by his widow, Karen Reid. Donald Reid developed mesothelioma from asbestos exposure during his 1950s employment and died on March 2, 2019, after being diagnosed in November 2018. The Board, modifying a WCLJ decision, determined that March 2, 2019, the date of death, was also the date of disablement for calculating his average weekly wage, as he had not established a prior workers' compensation claim or medical disablement before his death. Appellants, National Grid and its carrier, challenged this determination, arguing the Board erred in using the death date. The Court, acknowledging the Board's broad discretion, found substantial evidence supported using the date of death as the date of disablement, given the absence of prior findings of disability.

Asbestos exposureMesotheliomaOccupational diseaseDeath benefitsDate of disablementAverage weekly wageAppellate reviewSubstantial evidenceRetirementDiagnosis
References
10
Case No. MISSING
Regular Panel Decision

Wallace v. Teal

This proceeding addresses the custody of Anne Wallace, an out-of-wedlock child of petitioner John Wallace and respondent Karen Teal. The court confirmed John Wallace's paternity and reviewed the circumstances of both parents, including neglect proceedings initiated against the mother and the child's placement in foster care. Acknowledging the father's consistent interest and ability to provide a stable environment, the court departed from the traditional 'natural mother's prima facie right' standard. Citing recent Supreme Court and New York Court of Appeals precedents that challenge gender-based distinctions in parental rights, the court applied the 'best interests of the child' standard and awarded custody to the petitioner father, while granting the respondent mother liberal visitation rights.

Child CustodyPaternityOut-of-Wedlock ChildBest Interests of the ChildFamily LawDue ProcessEqual ProtectionGender DiscriminationVisitation RightsNeglect Proceedings
References
12
Case No. ADJ9267193 (MF) ADJ9267135
Regular
Apr 20, 2020

KAREN HARTMAN vs. COUNTY OF SANTA BARBARA

The Workers' Compensation Appeals Board (WCAB) granted applicant Karen Hartman's petition for removal and approved a partial compromise and release agreement. This agreement resolves all claims except future medical treatment in exchange for $813,777, less credits and attorney fees. The WCAB rescinded a prior order for a neurology QME panel, finding the settlement fair and in the applicant's best interest. The award includes continued liability for necessary medical treatment.

Petition for RemovalPartial Compromise and ReleaseQualified Medical EvaluatorsNeurologyWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code section 5001Labor Code section 5002WCAB Rule 10700Decision After Removal
References
0
Case No. ADJ7817116
Regular
Dec 17, 2019

KAREN SWANSON vs. FRESNO UNIFIED SCHOOL DISTRICT

In this workers' compensation case, the Board affirmed the trial judge's finding of permanent total disability for applicant Karen Swanson due to a February 17, 2004 industrial injury. The defendant school district sought reconsideration, contesting the total disability finding and arguing for apportionment. Crucially, both the applicant's and the defendant's vocational experts independently concluded that the applicant was unemployable and not amenable to vocational rehabilitation due to her injury. The Board found substantial evidence supported the total disability award, exceeding the scheduled rating based on the unanimous vocational expert opinions.

Permanent total disabilityAgreed Medical ExaminerOrthopedicsApportionmentVocational expertsLabor market preclusionVocational rehabilitationDiminished future earning capacityScheduled ratingIndustrial injury
References
2
Case No. ADJ8083715
Regular
Sep 15, 2025

KAREN WHISNANT vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to address whether apportionment applies when calculating the subsequent permanent disability threshold for SIBTF benefits. Applicant Karen Whisnant's eligibility for SIBTF benefits hinged on this interpretation, with the WCJ initially finding her eligible based on a 42% disability without apportionment. The Board affirmed the WCJ's April 5, 2022 Findings of Fact but clarified that apportionment is not considered when determining the 5% or 35% SIBTF eligibility threshold, citing precedents like Bookout v. Workers' Comp. Appeals Bd. Consequently, the Board's decision ensures that the applicant's subsequent injury rating of 42% (unapportioned) qualifies her for benefits.

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilityapportionmentLabor Code section 4751eligibility thresholdWCJreconsiderationFindings of FactBookout
References
10
Case No. FRE 0185879, FRE 0094306
Regular
Dec 20, 2007

RHONDA KAREN GAITHER vs. BECKMAN COULTER, INC., INSURANCE COMPANY OF PENNSYLVANIA

The Appeals Board granted reconsideration to amend an award for Rhonda Karen Gaither. While affirming the 91% permanent disability, the Board added a life pension, increasing the attorney's fees to 15% of the total award, including the commuted value of the pension. The Board adopted the Workers' Compensation Judge's reasoning regarding vocational rehabilitation feasibility and the credibility of expert testimony.

Workers' Compensation Appeals BoardRhonda Karen GaitherBeckman CoulterInc.Insurance Company of PennsylvaniaAIG Claims ServicesInc.Findings and AwardPermanent DisabilityVocational Rehabilitation
References
1
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