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

Case No. 2023 NY Slip Op 01897 [215 AD3d 751]
Regular Panel Decision
Apr 12, 2023

Matter of Podell v. New York State Cent. Register of Child Abuse & Maltreatment

The petitioner, Kate Podell, sought to challenge an "indicated" report of child maltreatment filed against her with the New York State Central Register of Child Abuse and Maltreatment. The report alleged that while working at a day care, Podell left a 22-month-old child unsupervised on a playground. After the New York State Office of Children and Family Services (OCFS) denied her application to amend and seal the report, Podell initiated a CPLR article 78 proceeding. The Supreme Court transferred the case to the Appellate Division, Second Department, for review. The Appellate Division ultimately confirmed OCFS's determination, concluding that it was supported by substantial evidence in the record.

Child MaltreatmentChild AbuseCentral RegisterFair HearingAdministrative ReviewSubstantial EvidencePreponderance of EvidenceDay Care WorkerUnsupervised ChildAppellate Review
References
6
Case No. ADJ3602867
Regular
Nov 27, 2012

MANUEL CAMPOS vs. TRICON GROUP, TIG SPECIALTY INSURANCE CO., RISK MANAGEMENT ENTERPRISES, LTD, SEDGWICK CMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LIBERTY MUTUAL, GOLDEN EAGLE INSURANCE CO.

The Workers' Compensation Appeals Board denied TIG Specialty Insurance Company's petition for reconsideration. The Board also initiated removal to impose a $500 sanction against Kate Zarutsky and the Law Offices of Shaw, Jacobsmeyer, Crain and Claffey. This sanction, payable to the General Fund, was based on Labor Code section 5813 and Appeals Board Rule 10561. The sanctions were paid in full without objection, and the Board's decision confirms this payment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardRemovalNotice of Intention to Order Payment of SanctionsLabor Code Section 5813Appeals Board Rule 10561Sanctions PaidDecision After RemovalGeneral Fund
References
0
Case No. ADJ7694793
Regular
Nov 07, 2011

KATE HAWKEN vs. MACY'S INC.; MACY'S CORPORATE SERVICES

This case involves a potential violation of the 30-day notice requirement for dismissal requests under California Code of Regulations, title 8, section 10582. The Workers' Compensation Appeals Board (WCAB) initially removed the case to review this issue and consider sanctions. However, after reviewing the defendant's response, the WCAB has decided not to impose sanctions. Therefore, no sanctions will be levied against the defendant or its counsel for their Petition for Reconsideration.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND DECISION AFTER REMOVALsanctionsCalifornia Code of Regulations30 day notice requirementrequest for dismissalPetition for ReconsiderationADJ7694793
References
0
Case No. ADJ4714444 (VNO 0417029)
Regular
Jul 22, 2011

FRANKLIN KATES vs. KCB TOWERS, INC., ED GRUSH, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injury and was entitled to a $\$735.00$ temporary disability and life pension rate. The defendant argued this rate was based on a mutual mistake of fact, seeking a reduction to $\$490.00$. The Board rescinded the original decision and returned the case to the trial level for further proceedings and a new decision. This action was taken to ensure proper adherence to evidentiary requirements and clarity in the WCJ's decision-making process.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityLife PensionMutual Mistake of FactLabor Code section 5313Opinion on DecisionHamilton v. Lockheed CorporationRescinded
References
1
Case No. ADJ10140589
Regular
Nov 14, 2017

SAUL SALCEDA, JR. (Deceased); ELIZABETH R. SALCEDA, Guardian Ad Litem and Trustee for ELLEN KATE SALCEDA, a minor and NOYLAHNA PHUTSDAY SIBOURIBOUN, a minor vs. DIRECT MOTION, INC.; HANOVER INSURANCE GROUP WORCESTER

This case involves a petition for reconsideration of a denial of workers' compensation benefits for the death of Saul Salceda, Jr. The applicant argued the deceased's fatal injury arose from his employment, but the WCAB affirmed the WCJ's finding that it did not. The WCAB found that while there was a special mutuality between the deceased and his employer, his fatal activities did not benefit the employer directly or indirectly, thus the dual purpose rule was inapplicable. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardGuardian Ad LitemTrusteeFindings and OrderPetition for Reconsiderationnon-compensabledual purpose rulearising out ofcourse of employmentdecedent's death
References
1
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