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

Case No. CV-23-1324
Regular Panel Decision
Dec 19, 2024

In the Matter of the Claim of Katherine Shmulsky

Claimant Katherine Shmulsky appealed decisions by the Workers' Compensation Board concerning her claim for workers' compensation benefits. Shmulsky alleged injuries, including dysautonomia, from a COVID-19 vaccination she received in December 2020 while employed by Hudson Headwaters Health Network, Inc. Although a Workers' Compensation Law Judge initially established her claim, the Board reversed, concluding that Shmulsky failed to prove her injuries were causally related to her employment. The Board subsequently denied her application for reconsideration. The Appellate Division, Third Judicial Department, affirmed the Board's decisions, finding substantial evidence supported the Board's determination that the employer did not mandate the vaccine and there were no repercussions for employees who declined it, thus her injuries did not arise out of and in the course of her employment.

Workers' CompensationCOVID-19 VaccineCausationEmployment RelationshipAdverse ReactionDysautonomiaBoard ReversalReconsideration DeniedSubstantial EvidenceAppellate Review
References
10
Case No. 532311
Regular Panel Decision
Dec 09, 2021

In the Matter of the Claim of Katherine King

Katherine King appealed a Workers' Compensation Board decision denying her reduced earnings awards after June 22, 2014. King sustained a work-related back injury in 2006 while employed by the Department of Corrections and concurrently as a waitress and baker, leading to reduced earnings awards based on her cumulative average weekly wage. She ceased working for the Department in 2014 due to an unrelated disability and had not worked since. The Board affirmed a Workers' Compensation Law Judge's ruling that there was no basis to continue awards, as her retirement was unrelated to her disability and she failed to show reattachment to the labor market. The Appellate Division reversed and remitted the matter, finding the Board's reasoning incomplete regarding lost wages from her restaurant job and the need to demonstrate reattachment to the labor market, especially considering the 2017 amendment to Workers' Compensation Law § 15 (3) (w).

Reduced EarningsPermanent Partial DisabilityWorkers' Compensation BoardLabor Market AttachmentConcurrent EmploymentCausally Related Lost WagesDisability RetirementAppellate ReviewRemittal
References
5
Case No. 2020 NY Slip Op 00066 [179 AD3d 427]
Regular Panel Decision
Jan 07, 2020

Matter of Katherine U. (Jose U.)

The Appellate Division, First Department, affirmed a Family Court order finding Jose U. sexually abused his child, Katherine U., and dismissed the appeal from the fact-finding order. The court upheld the use of closed-circuit television for the child's testimony, balancing the father's due process rights with the child's emotional well-being, as contemporaneous cross-examination by counsel was permitted. An affidavit from the child's social worker sufficiently established that in-court testimony would cause emotional harm. Furthermore, Jose U.'s prior criminal convictions for predatory sexual assault, rape, incest, and sexual abuse, involving the child, collaterally estopped him from contesting the abuse allegations in the family court petition.

Child abuseSexual abuseFamily LawAppellate ProcedureDue ProcessChild TestimonyClosed-circuit televisionCollateral EstoppelCriminal ConvictionEvidence Admissibility
References
3
Case No. CA 12-01799
Regular Panel Decision
Sep 27, 2013

ZUFALL, KATHERINE v. ZUFALL, KARL

This case involves an appeal in a divorce action where the defendant husband challenged the spousal maintenance award, its duration, and child support calculations. The Appellate Division modified the judgment by reducing the duration of spousal maintenance to seven years and correcting a mathematical error in the defendant's net child support obligation. The court affirmed the maintenance amount, the method of calculating child support, the equitable distribution of the defendant's deferred compensation account as marital property, and the award of attorney fees to the plaintiff. The court rejected the defendant's arguments regarding the failure to include a cohabitation clause for maintenance termination and the deduction of maintenance from gross income for child support calculations. This judgment highlights considerations of marital duration, earning capacities, and the statutory presumption of marital property in divorce proceedings.

DivorceSpousal MaintenanceChild SupportEquitable DistributionDeferred CompensationAttorney FeesMarital PropertyPrenuptial AgreementStatutory FactorsAppellate Review
References
13
Case No. MISSING
Regular Panel Decision
Nov 30, 2004

Walters v. Nicklin

The plaintiff appealed an order from the Supreme Court, Nassau County, which denied his motion to set aside a jury award as inadequate in a personal injury case. The case stemmed from a car accident involving the plaintiff, a police officer, and defendants George and Katherine A. Nicklin. The jury found the defendant driver liable but awarded what the plaintiff considered insufficient damages for past and future pain and suffering and past lost earnings, finding no permanent consequential limitation. The appellate court affirmed the order, concluding that the jury's award was not against the weight of the evidence, citing the plaintiff's pre-existing neck and knee injuries as a probable factor in the jury's assessment of damages.

Personal InjuryCar AccidentJury AwardDamages InadequacyAppellate ReviewPre-existing InjuriesNegligencePain and SufferingLost EarningsVehicle and Traffic Law
References
4
Case No. MON 0255317
Regular
May 21, 2007

Katherine Gerald vs. RALPHS GROCERY COMPANY, SEDGWICK CLAIMS MANAGEMENT SFRVICES

The Workers' Compensation Appeals Board (WCAB) dismissed Katherine Gerald's petition for reconsideration because it was untimely filed. The petition was submitted on July 19, 2007, which was significantly after the May 21, 2007 deadline, even with extensions for mail service. Furthermore, the WCAB noted that even if timely, the petition would have been dismissed for lacking verification and proof of service.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitLabor Code Section 5903Code of Civil Procedure Section 1013WCAB Rule 10507VerificationProof of ServiceLabor Code Section 5902
References
6
Case No. ADJ11886225
Regular
Sep 27, 2019

KATHERINE RIGGINS vs. IRVINE COMPANY, SEDGWICK CMS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal filed by Katherine Riggins. The WCAB determined that removal is an extraordinary remedy that is rarely granted, requiring a showing of substantial prejudice or irreparable harm. Since the petitioner did not demonstrate such harm, and reconsideration was deemed an adequate remedy, the petition was denied.

Petition for RemovalAppeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionExtraordinary RemedyCortéz v. WCABKleemann v. WCAB
References
2
Case No. MISSING
Regular Panel Decision
Oct 26, 2001

Decavallas v. Pappantoniou

The plaintiffs appealed an order from the Supreme Court, Kings County, which denied their motion to strike the answer of defendants Antonios Pappantoniou and Katherine Pappantoniou, and granted summary judgment to both the Pappantonious and defendant Cambria Home Remodeling Corp. The appellate court affirmed the order, finding no willful or bad faith conduct by the Pappantonious regarding discovery. It was further determined that the Pappantonious, as homeowners, did not direct or control the work to incur liability under Labor Law §§ 240, 241, or 200. Additionally, Cambria Home Remodeling Corp. was granted summary judgment based on the exclusivity of the Workers’ Compensation Law, as the injured plaintiff was an employee who received benefits.

personal injurysummary judgmentdiscovery disputeLabor Law 240Labor Law 241Labor Law 200homeowner liabilityWorkers' Compensation Lawemployer-employee relationshipappellate review
References
20
Case No. ADJ342207 (VNO 0546111)
Regular
Dec 09, 2010

KATHERINE O'SULLIVAN vs. LAW OFFICES OF TERRY L. WOOD, STATE COMPENSATION INSURANCE FUND

The applicant, Katherine O'Sullivan, petitioned for reconsideration of a decision dated October 6, 2010. The Workers' Compensation Appeals Board granted this petition due to statutory time constraints and the need for further study of the factual and legal issues. The Board requires more time to fully understand the record and ensure a just decision, allowing for potential further proceedings. All future communications should be directed to the Board's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardState Compensation Insurance FundLaw Offices of Terry L. WoodKatherine O'SullivanDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesOffice of the CommissionersSan Francisco
References
0
Case No. MISSING
Regular Panel Decision

Baran v. Otterbein

Petitioners, employees of Wayne County's Human Services Division and members of a union, challenged a memorandum issued by Director Katherine Quealy that canceled vacation and compensatory time due to incomplete dictation, arguing it violated their collective bargaining agreement. They commenced a CPLR article 78 proceeding, which initially granted a temporary restraining order and denied respondents' motion to dismiss. The Appellate Division reversed the lower court's order, dismissing the petition. It ruled that petitioners failed to exhaust administrative remedies via the collective bargaining agreement's grievance procedure, which mandates arbitration for such disputes. Additionally, the court found the referral to a Referee without consent was improper and the preliminary injunction was erroneously granted due to insufficient evidence of irreparable injury.

Collective Bargaining AgreementGrievance ProceduresBinding ArbitrationPublic Sector Labor LawCPLR Article 78Exhaustion of Administrative RemediesPreliminary InjunctionsJudicial ReviewWayne CountyLabor Disputes
References
6
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