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

Case No. MISSING
Regular Panel Decision

Larsen v. JBC Legal Group, P.C.

The plaintiff, Kimberley Larsen, filed a class action lawsuit against JBC Legal Group, P.C., and other defendants under the Fair Debt Collection Practices Act (FDCPA). Larsen alleged that the defendants violated the FDCPA by sending a misleading collection letter attempting to collect debts from New York consumers. The plaintiff defined two classes, Class A and Class B, based on different alleged FDCPA violations. Larsen moved for permission to move simultaneously for summary judgment and Rule 23(b)(3) class certification, or alternatively, for Rule 23(b)(2) class certification, primarily to shift the cost of notice to the defendants. The court denied the plaintiff's motion for simultaneous summary judgment and Rule 23(b)(3) class certification, citing Supreme Court precedent that typically requires the plaintiff to bear the cost of notice. The court also indicated that Rule 23(b)(2) certification is unlikely to be granted in FDCPA cases in the Second Circuit.

FDCPAClass ActionSummary JudgmentClass CertificationRule 23(b)(3)Rule 23(b)(2)Cost of NoticeFair Debt CollectionFederal Rules of Civil ProcedureDebt Collection Practices
References
18
Case No. No. 28
Regular Panel Decision
Apr 21, 2022

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

This case involves an appeal by Mental Hygiene Legal Service on behalf of a 16-year-old child with developmental disabilities who was confined to an emergency room for several weeks due to a lack of suitable residential placement or in-home services. Petitioner sought the child's immediate discharge and a declaration that the state's failure to provide community habilitation and respite services was arbitrary and violated her statutory rights under CPLR articles 70 and 78, and the Americans with Disabilities Act. The lower courts dismissed the petition, finding the matter moot but applying the exception. The Court of Appeals ultimately dismissed the appeal on grounds of mootness, citing intervening material alterations to service programs, specifically the Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) program. A dissenting opinion argued for the application of the mootness exception and the viability of petitioner's claims under state and federal law.

Developmental DisabilitiesMedicaid ServicesEmergency Room ConfinementMootness ExceptionIntegration MandateMental Hygiene LawAmericans with Disabilities ActCrisis ServicesResidential PlacementNew York Court of Appeals
References
33
Case No. ADJ6693720
Regular
Mar 15, 2010

KERRY NECHODOM vs. CITY OF GROVER BEACH

The Workers' Compensation Appeals Board granted reconsideration to amend the date of injury for Kerry Nechodom's right shoulder injury in case ADJ6693720 from February 3, 2007 - September 10, 2009 to August 12, 2008 - September 10, 2009. This amendment acknowledges a separate cumulative trauma injury due to distinct periods of disability and lack of continuous treatment between injuries. The Board affirmed the original award, finding that the applicant sustained two separate cumulative trauma injuries causing distinct periods of temporary disability. The employer's arguments regarding the cumulative trauma period and Labor Code $\S 4656$ limitations were addressed and resolved by this clarification.

Workers' Compensation Appeals BoardKerry NechodomCity of Grover BeachADJ6693720ADJ5791464ReconsiderationJoint Findings and AwardIndustrial InjuryRight ShoulderCumulative Injury
References
11
Case No. MISSING
Regular Panel Decision

Stone v. Williams

Robert Stone was injured at a Merit service station in Staten Island on April 3, 1977, when he was struck by a car driven by Kerry Williams. A jury assessed Stone's damages at $200,000 and apportioned 20% liability to the Merit service station defendants. The dissenting opinion argues against the majority's view that the service station owed no duty to direct traffic and that its negligence was not a causative factor. Justice Gibbons contends that the service station had a duty of reasonable care to its patrons and that the jury's finding of negligence and proximate cause, based on inadequate staffing and failure to control traffic, was supported by the evidence. He also argues that the $200,000 damage award was not excessive, citing the severity of Stone's injuries, including a broken leg, a mangled hand with a shattered middle finger, and the amputation of a ring finger, resulting in a 40-50% permanent loss of use of his left hand.

Personal InjuryNegligencePremises LiabilityDuty of CareProximate CauseForeseeabilityJury VerdictDamagesExcessive DamagesAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Donna v. Dodd, Mead & Co., Inc.

Natalie Donna, co-author of the children's book *Boy of the Masai*, sued her co-author, Peter Larsen, and publisher, Dodd, Mead & Company, alleging copyright infringement, conspiracy to infringe, and unfair trade practices. Donna's claims arose from three subsequent books by Larsen and his wife, which used a similar format to their original collaboration. Donna contended that *Boy of the Masai* was a composite work, implying separate copyrights for her text. The court, however, applied Second Circuit precedent, ruling that *Boy of the Masai* is a joint work, where co-owners cannot infringe their own copyright. Consequently, the court dismissed the copyright infringement and conspiracy claims, and the unfair trade practices claim was also dismissed due to a lack of pendent jurisdiction, resulting in the dismissal of the complaint in its entirety.

copyright lawjoint authorshipintellectual propertypublishing contractslegal precedentfederal courtjurisdictionliterary propertyco-ownershipinfringement claims
References
8
Case No. ADJ3582743 (STK 0215397)
Regular
Apr 11, 2014

KERI LARSEN vs. MODESTO IRRIGATION DISTRICT

This case concerns defendant Modesto Irrigation District's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration, finding the administrative law judge erred in using an incorrect impairment number for calculating permanent disability. The Board amended the award to reflect an 18% permanent disability rating, based on the agreed medical evaluator's opinion regarding lateral epicondylitis and decreased grip, not nerve entrapment. The Board also corrected the finding for future medical treatment to the right arm and elbow, aligning with the amended disability rating.

Workers' Compensation Appeals BoardModesto Irrigation DistrictKerri Larsenpermanent disability ratingAMA GuidesAlmarez-Guzmanstraight ratingReport And Recommendation On Petition For ReconsiderationAgreed Medical EvaluatorAME
References
5
Case No. ADJ9034489
Regular
May 17, 2016

DEBORAH LARSEN vs. SECURITAS SECURITY SERVICES

This case involves an applicant who sustained accepted physical injuries and a psychological injury after being struck by a car while working as a security guard. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant's psychiatric disability resulted from a "violent act." The Board clarified that "violent act" under Labor Code section 3208.3 is not limited to criminal conduct but includes events involving strong physical force. Therefore, the applicant's psychological injury, stemming from being hit by a vehicle, qualifies for increased permanent disability benefits.

AOE/COEpsychiatric disabilityviolent actLabor Code section 4660.1(c)permanent disabilityapportionmentPetition for ReconsiderationWCJSedgwick CMSSecuritas Security Services
References
0
Case No. ADJ8804613
Regular
Jun 03, 2016

KIM LARSEN vs. UKIAH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award for acute myeloid leukemia. The Board found the applicant's exposure to diesel exhaust while employed by the school district was an injurious exposure contributing to the cancer. The Board ruled that the agreed medical evaluator's reports were admissible and constituted substantial medical evidence of the link between diesel exhaust and leukemia. Therefore, the school district was held liable as the last employer where the applicant was exposed to the hazard.

acute myeloid leukemiadiesel exhaust exposurecumulative traumalast injurious exposureagreed medical evaluatorlabor code section 5500.5reasonably probable causationsubstantial medical evidencebenzene exposurefirefighter
References
7
Case No. WCK 0071092
Regular
Apr 07, 2008

Kerry Beal vs. Bank of America, Royal & SunAlliance

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order, finding that the defendant was denied due process. The WCAB determined the defendant did not receive proper notice of a status conference and subsequent evidentiary hearing where sanctions and penalties were imposed. The case was returned to the trial level for further proceedings on the lien claimant's medical treatment claim.

Workers' Compensation Appeals BoardRoyal SunAllianceCambridge Integrated ServiceDavid Atkinson D.C.lien claimantreconsiderationstatus conferenceevidentiary hearingdue processOfficial Address Record
References
1
Case No. MISSING
Regular Panel Decision
Jul 29, 2005

Larsen & Toubro Ltd. v. Millenium Management, Inc.

The corporate defendants appealed an order denying their motion to vacate an arbitration award, which was entered by the Supreme Court, New York County, on July 29, 2005. The appellate panel unanimously affirmed this decision, finding that the arbitration panel's interpretation of a setoff-barring provision was neither in 'manifest disregard of the law' nor 'totally irrational.' Furthermore, the court concluded that the arbitrators did not exceed their statutory powers as per CPLR 7511 [b] [1] [iii]. All remaining arguments by the corporate defendants were found unavailing.

ArbitrationVacate awardAppellate reviewCourt orderStatutory interpretationJudicial powerPanel decisionNew York lawCPLRAffirmation
References
4
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