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

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. 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. 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. 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. ADJ9264491
Regular
Jul 15, 2016

FELIX MARTINEZ vs. KERRY, INC., YORK RISK SERVICES GROUP

This case involves a Petition for Reconsideration filed by a lien claimant that was untimely. The Workers' Compensation Appeals Board (WCAB) dismissed the petition, as it was filed more than the statutory 25-day deadline after the original decision. The WCAB emphasized that filing deadlines are jurisdictional and failure to meet them deprives the board of authority. Additionally, the lien claimant had also requested withdrawal of the petition due to a resolved lien.

WCABPetition for ReconsiderationuntimelyjurisdictionaldismissalLab. CodeCal. Code Regs.WCJlien claimantwithdrawal
References
4
Case No. SAC 0317096
Regular
Jan 14, 2008

KERRIE DELACRUZ-PETERSON vs. STATE OF CALIFORNIA PERSONNEL BOARD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address inconsistencies in the Agreed Medical Examiner's (AME) reports regarding the applicant's temporary disability status. The Board rescinded the prior award and returned the case for further development of the record. This action was taken because the AME's reports contained internal contradictions and were not considered substantial evidence to support the temporary disability finding, especially given a pending evaluation.

AggravationPsyche injuryCompensable consequenceAgreed Medical ExaminerTemporary disabilityReconsiderationFindings and AwardStipulationsFurther medical evidenceExpedited hearing
References
9
Case No. ADJ8548126
Regular
Oct 09, 2017

MATIAS PUGLISI vs. JAMES GALE KERRY, FIRST AMERICAN SPECIALTY INSURANCE COMPANY, CLA-MAR, LYNN DENNIS, PREFERRED EMPLOYERS INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Appeals Board dismissed the Petition for Removal because the WCJ's determination of employment with Cla-Mar and Lynn Dennis constituted a threshold issue. Therefore, reconsideration, not removal, was the proper remedy. The Board denied the Petition for Reconsideration, adopting the WCJ's report and reasoning. The order dismisses removal and denies reconsideration in this workers' compensation case.

WCABPetition for RemovalPetition for ReconsiderationWCJ reportfinal ordersubstantive rightliabilitythreshold issueemployment relationshipstatute of limitations
References
3
Case No. MISSING
Regular Panel Decision

In re Crystal L.

Crystal L., a juvenile delinquent previously adjudicated by Bronx Family Court, moved to dismiss a juvenile delinquency petition in Suffolk Family Court alleging assault on a DFY aide. She argued for immunity because DFY had already transferred her to a more secure facility as an administrative sanction. Judge Kerry R. Trainor denied the motion, distinguishing Crystal L.'s claim from double jeopardy and emphasizing that administrative actions do not preclude court proceedings for new offenses. The court asserted the Family Court's ongoing role in maintaining order in juvenile facilities and protecting staff, affirming its discretion for further dispositional actions.

Juvenile DelinquencyAssaultImmunityDouble JeopardyFamily Court ActAdministrative SanctionDivision for YouthPublic PolicyCourt DiscretionSuffolk County
References
2
Case No. MISSING
Regular Panel Decision

McSweeney v. Bayport Bluepoint Central School District

This Memorandum and Order addresses defendants' renewed motion for summary judgment in a case brought by an infant plaintiff, MS, and her parents against the Bayport-Bluepoint Central School District and Principal Kerry Vann. Plaintiffs alleged claims under 42 U.S.C. § 1983 (Equal Protection, Due Process, and Monell claims) and Title IX, stemming from alleged bullying by another student, CC. Additionally, a New York State negligence claim was included. The court granted summary judgment for the defendants on all federal claims, determining that the plaintiffs failed to demonstrate constitutional violations or actionable sexual harassment under Title IX, and that the school's responses were not deliberately indifferent or conscience-shocking. The state negligence claim was dismissed without prejudice due to the dismissal of all original jurisdiction claims.

Student bullyingSchool liabilityCivil rights violationFederal Rule of Civil Procedure 56Summary judgmentEqual Protection ClauseDue Process ClauseMonell claimTitle IXDeliberate indifference
References
46
Case No. MISSING
Regular Panel Decision
May 28, 1996

In re Markeyta G.

Ms. B. failed to appear in Family Court for a petition alleging violation of a prior neglect order concerning her child, Markeyta G. The Suffolk County Department of Social Services (DSS) applied for a warrant for her arrest. Judge Kerry R. Trainor reserved decision on the warrant, citing Ms. B.'s history of evading warrants and the inadequacy of a warrant alone given DSS's electronic benefit distribution system. The court ordered the DSS Commissioner to utilize existing regulations (18 NYCRR 351.20-351.22) to compel Ms. B.'s appearance by requiring a 'face-to-face' interview at Family Court, with the threat of discontinuing her public assistance if she fails to comply. This measure aims to secure her appearance before reconsidering the arrest warrant, emphasizing cooperation between agencies under Family Court Act § 255.

Family CourtNeglect ProceedingWarrant of ArrestPublic AssistanceSocial Services RegulationsCompliance OrderJudicial AuthorityAdministrative LawFoster CareSuffolk County
References
4
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