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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 00901
Regular Panel Decision
Feb 16, 2023

Matter of Ramirez v. Echevarria

Sarah Ramirez, on behalf of Garrison Echevarria, appealed a Workers' Compensation Board decision that ruled Keamesha Echevarria was entitled to death benefits as the surviving spouse of the deceased Gregory Echevarria. The appeal also challenged the denial of an application for reconsideration by the decedent's fiancée. The Appellate Division, Third Department, affirmed the Board's finding that Keamesha Echevarria had not abandoned the decedent, thus qualifying her as a legal spouse for workers' compensation death benefits. The Court found substantial evidence supported the Board's conclusion, as the elements required to establish abandonment were not met. Additionally, the Court upheld the denial of the reconsideration application, finding no abuse of discretion.

Workers' Compensation BenefitsSurviving SpouseDeath BenefitsAbandonmentDomestic Relations LawAppellate ReviewBoard Decision AffirmationReconsideration ApplicationCredibility DeterminationSubstantial Evidence
References
9
Case No. 534683
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Gregory Echevarria

The case involves an appeal from decisions of the Workers' Compensation Board concerning death benefits for Gregory Echevarria, who died in a work-related accident. Keamesha Echevarria, the decedent's estranged wife, filed for survivors' benefits for herself and their three children. Decedent's fiancée also filed a claim for their child and argued that Keamesha had abandoned the decedent, thus forfeiting spousal benefits. The Workers' Compensation Law Judge and subsequently the Board found that Keamesha had not abandoned the decedent and was entitled to benefits as the surviving spouse. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the conclusion that Keamesha remained the legal spouse under Workers' Compensation Law § 16 (1-a), as the elements for abandonment were not met. The court also found no abuse of discretion in the Board's denial of the fiancée's application for reconsideration or full Board review.

Workers' CompensationDeath BenefitsSurviving SpouseAbandonmentDomestic Relations LawAppellate ReviewBoard DecisionStatutory InterpretationDependency ClaimsMarital Status
References
9
Case No. 530563
Regular Panel Decision
Jan 20, 2022

In the Matter of the Claim of Luis Urena

Luis Urena, an employee of Abcal Industries, sustained injuries after falling while working on a residential renovation project in Brooklyn in July 2017 and applied for workers' compensation benefits. The Workers' Compensation Board ruled that Norguard Insurance Company, Abcal's carrier, was liable for Urena's benefits, rejecting Norguard's arguments that its policy did not cover work in New York. Norguard appealed, contending that a policy exclusion applied due to Abcal's failure to notify them of New York work within 30 days. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding that Norguard failed to meet its burden of proving the exclusion applied and that the Board's interpretation of the policy language was reasonable.

Workers' Compensation InsurancePolicy ExclusionEmployer LiabilityCarrier LiabilityAppellate ReviewJurisdictionNew York Workers' Compensation LawSubcontract AgreementConstruction InjuryTimeliness
References
7
Case No. No. 13
Regular Panel Decision
Mar 26, 2020

The Matter of the Claim of Luis A. Vega v. Postmates Inc

The New York Court of Appeals addressed whether a Postmates, Inc. courier, Luis A. Vega, and similarly-situated individuals, are employees for unemployment insurance contributions. The Unemployment Insurance Appeals Board (the Board) had determined them to be employees, reversing an Administrative Law Judge's finding of independent contractor status. The Appellate Division then reversed the Board, concluding insufficient evidence of an employer-employee relationship. The Court of Appeals reversed the Appellate Division, reinstating the Board's decision, finding substantial evidence that Postmates exercised control over its couriers, rendering them employees for unemployment insurance purposes. The court highlighted Postmates' control over assignments, compensation, customer complaints, and the inability of couriers to operate as independent businesspersons.

Unemployment InsuranceGig EconomyIndependent ContractorEmployee ClassificationLabor LawApp-based DeliveryControl TestWorkers' RightsNew York Court of AppealsSubstantial Evidence
References
44
Case No. MISSING
Regular Panel Decision
Nov 13, 2002

Zurich American Insurance v. Luis Bastos Construction

Zurich American Insurance Co. initiated an action seeking a declaratory judgment that it was not obligated to defend or indemnify Luis Bastos Construction, Inc. in an underlying personal injury lawsuit filed by Hermilo Cruz. Cruz, an employee of Bastos, sustained injuries in New York while working on a job that was not related to any work being performed in New Jersey. Zurich's insurance policy provided employers' liability coverage specifically for claims arising from accidents in New Jersey or those incidental to New Jersey operations. The Supreme Court, Westchester County, granted Zurich's motion for summary judgment, ruling that Zurich had no obligation to defend or indemnify Bastos. Defendant A.E Roofing & Siding Corp. appealed this decision. The appellate court affirmed the Supreme Court's order and judgment, concluding that the terms of the policy were clear and unambiguous.

Declaratory JudgmentInsurance CoverageEmployers' LiabilityWorkers' CompensationSummary JudgmentPolicy InterpretationPersonal InjuryAppellate ReviewJurisdictionNew York Law
References
2
Case No. ADJ10259451
Regular
Sep 10, 2019

LUIS SILVA vs. CITISTAFF SOLUTIONS, OLD REPUBLIC c/o GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. They amended the decision to reflect that Old Republic, not a different insurer, is the liable party for Luis Silva's injury. The Board also admitted Defendant's Exhibit E into evidence. Otherwise, the original decision awarding temporary disability, permanent disability, future medical treatment, and attorney's fees to Luis Silva was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportExhibit EOld RepublicGallagher Bassettgeneral laborerlumbar spineinternal injurytemporary disability indemnity
References
0
Case No. ADJ9409541
Regular
Aug 23, 2019

LUIS MEDINA BERNAL (Deceased), PATRICIA SOLANO VASQUEZ, MISAEL MEDINA SOLANO, LUCIA MEDINA SOLANO, XIMENA MEDINA SOLANO, I SAI MEDINA SOLANO, LUIS EMANUEL MEDINA SOLANO vs. REBECCA BAUTISTA dba REMAC TIRE SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a fatal industrial injury to Luis Medina Bernal, a tire changer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify death benefit payment terms. While the WCJ correctly found petitioning applicants failed to prove partial dependency, the WCAB amended the decision. The death benefit for the widow, Patricia Solano Vasquez, is to be paid bi-weekly at $297.29 until the $250,000 total is exhausted. The attorney's fee was recalculated to $34,042.54, representing 15% of the death benefit's present value.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFatal Industrial InjuryPartial DependencyCredibility DeterminationsNet Financial BenefitDeath BenefitPresent ValueAttorney's Fee
References
4
Case No. 2016 NY Slip Op 02734 [138 AD3d 488]
Regular Panel Decision
Apr 12, 2016

Matter of Lesli R. (Luis R.)

The Family Court's order of disposition, which found that the respondent sexually abused his stepdaughters and derivatively abused his five biological children, was unanimously affirmed. The record supported the court's determination that the respondent was legally responsible for the children and that there was a preponderance of evidence of sexual abuse. The stepdaughters' out-of-court statements were sufficiently corroborated by the respondent's own statements. The court also found that the respondent derivatively abused his own children and properly exercised its discretion in quashing a subpoena to compel one of the stepdaughters to testify due to potential psychological harm.

Child AbuseSexual AbuseDerivative AbuseFamily Court ActAppellate ReviewPreponderance of EvidenceOut-of-court StatementsCorroborationParental ObligationsSubpoena Quash
References
11
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
1
Case No. LBO 0350573 LBO 0350607
Regular
Dec 07, 2007

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's interpretation of a Compromise and Release agreement. The Board deferred to the WCJ's credibility determination regarding applicant's counsel's testimony about the agreed-upon credit for permanent disability advances. Consequently, the Board affirmed that any ambiguity in the agreement, drafted by the defendant, is resolved against them, thus limiting the credit to $\$10,536.33$.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and Release agreementPermanent disability advancesMutual mistakeCredibility determinationAmbiguityContract interpretationUnilateral mistakeTypographical error
References
7
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