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

Case No. ADJ6757162
Regular
Dec 14, 2016

JOSEPH BRABANDER vs. CEDARS-SINAI MEDICAL CENTER

This case concerns defendant Cedars-Sinai's petition for reconsideration of a workers' compensation finding. The administrative law judge found the applicant's cumulative trauma claim, filed after his layoff notice, was not barred by the statute of limitations or Labor Code section 3600(a)(10). The Board denied reconsideration, agreeing that the applicant's date of injury, determined by when he suffered disability and knew it was work-related, occurred after his layoff notice. Therefore, exception (D) to Labor Code section 3600(a)(10) applied.

cumulative traumaStatute of LimitationsLabor Code section 3600(a)(10)post-termination claimspreponderance of the evidencenotice of terminationlayoffknowledge of injurydisabilityoccupational diseases
References
2
Case No. ADJ6968776
Regular
Apr 29, 2013

MARTHA IBARRA vs. 99 CENTS ONLY STORES, INC.

This case involves Martha Ibarra's cumulative trauma injury claim against 99 Cents Only Stores. The defendant sought to bar the claim under Labor Code section 3600(a)(10) as a post-termination injury. The Appeals Board granted reconsideration, finding that while the specific condition of prior medical records for the cumulative trauma injury was not met, the injury date being subsequent to notice of termination, as defined by Labor Code section 5412, satisfied the exception under section 3600(a)(10)(D). The Board amended the Findings of Fact to reflect this, affirmed the finding of injury to the upper extremities and spine, and returned the case for further proceedings, while deferring the issue of psychological injury.

Labor Code section 3600(a)(10)Labor Code section 3208.3(e)Petition for ReconsiderationFindings of FactCumulative Trauma InjuryUpper ExtremitiesSpinePsycheAgreed Medical Evaluator (AME)Whole Person Impairment (WPI)
References
0
Case No. MISSING
Regular Panel Decision

Diamond D Construction Corp. v. New York State Department of Labor (DOL) Bureau of Public Works

This decision addresses Diamond D Construction Corp.'s motion for reconsideration, challenging the court's prior denial of a preliminary injunction. The court re-evaluates its stance on Eleventh Amendment immunity, concluding that Diamond D's claim for prospective injunctive relief against the Department of Labor's enforcement actions is not barred, distinguishing previous cases like Tekkno and Yorktown. While affirming the applicability of the Younger abstention doctrine, the court acknowledges that a 'narrow' exception for bad faith or harassment by the DOL might apply. To resolve factual disputes regarding whether the DOL acted in bad faith or violated Diamond D's substantive due process rights, the court grants the motion for reconsideration in part and orders evidentiary hearings.

Federal CourtEleventh AmendmentYounger AbstentionDue ProcessProcedural Due ProcessSubstantive Due ProcessMotion for ReconsiderationPreliminary InjunctionState SovereigntyEvidentiary Hearing
References
17
Case No. MISSING
Regular Panel Decision

Nagel v. D & R REALTY CORP.

Bruce Nagel, an elevator safety inspector, suffered injuries after slipping on oil during a two-year safety test. He and his wife sued D & R Realty Corp., the building owner, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), particularly Industrial Code § 23-1.7 (d). The claims under §§ 200 and 240 (1) were withdrawn. Both the Supreme Court and the Appellate Division granted summary judgment to the defendant, ruling Nagel's work was routine maintenance, not construction, demolition, or excavation under Labor Law § 241 (6). The Court of Appeals affirmed, holding that Labor Law § 241 (6) protections do not extend to maintenance work outside the construction context.

Elevator accidentLabor LawSection 241(6)Routine maintenanceConstruction workDemolition workExcavation workIndustrial CodeSafety inspectionBuilding owner liability
References
6
Case No. 2016 NY Slip Op 08114
Regular Panel Decision
Dec 01, 2016

Matter of Kent D. (Rachel D.)

Petitioner Kent D. appealed an order from Family Court, New York County, which denied his motion for a forensic evaluation and granted the cross motion to dismiss his petition for visitation with his child. The background reveals that in February 2008, Kent D. stabbed Rachel D., the mother, seven times in front of their child, leading to his conviction for assault and child endangerment and an 11-year prison sentence. A 19-year order of protection was issued, prohibiting contact with the child. The Family Court had previously awarded custody to the mother, and a 2012 divorce judgment affirmed no visitation rights for Kent D. The Appellate Division affirmed the Family Court's decision, finding that Kent D. failed to make an evidentiary showing of changed circumstances required for a visitation hearing, and his claims of completing an anger management program were unsubstantiated. The court also noted the child's continuing symptoms of post-traumatic stress disorder and desire not to see him.

Visitation RightsChild CustodyOrder of ProtectionDomestic ViolenceAssault ConvictionChanged CircumstancesForensic EvaluationAppellate ReviewFamily LawPost-Traumatic Stress Disorder
References
2
Case No. ADJ8067791
Regular
May 28, 2014

SAMUEL POLANCO vs. WEST COAST DRYWALL AND PAINT

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further proceedings. The Board found the applicant's date of injury, under Labor Code Section 5412, occurred after his termination notice. This finding established an exception to the post-termination defense under Labor Code Section 3600(a)(10)(D), allowing the claim to proceed. The applicant's inability to work, and thus disability, was determined to have manifested after his termination date.

Post-termination defenseLabor Code Section 3600(a)(10)Labor Code Section 5412Date of injuryCumulative injuryDisabilityEarnings capacityPermanent and stationaryPsychiatric injuriesLabor Code Section 3208.3(e)
References
4
Case No. LAO 854258
Regular
Aug 24, 2007

BERTHA MACIAS vs. CUSTOM DESIGN, ZURICH NORTH AMERICA INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The Appeals Board denied the petition, upholding the administrative law judge's finding that the applicant's cumulative injury claim was not barred by the post-termination provisions of Labor Code § 3600(a)(10). This decision was based on the exception in § 3600(a)(10)(D), which states that a claim is valid if the date of injury, as defined by the date of disability and knowledge of its industrial cause, occurred after the notice of termination.

Workers Compensation Appeals BoardCumulative InjuryUpper ExtremitiesLower ExtremitiesSpinePsychePost-Termination DefenseLabor Code § 3600(a)(10)(D)Date of InjurySection 5412
References
3
Case No. ADJ9908298
Regular
Jul 25, 2016

ELIZABETH SOTO vs. MOLEX, INC. dba AFFINITY MEDICAL, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify a previous order, rescinding the original Findings and Order. The defendant argued the claim was barred by the post-termination defense, but the WCAB found exceptions applied under Labor Code sections 3600(a)(10)(A) and 3600(a)(10)(D). The WCAB determined the date of injury was March 5, 2015, subsequent to the termination notice, and returned the case for further proceedings to develop the medical record regarding the extent of the applicant's injuries.

post-termination defenseLabor Code section 3600(a)(10)Labor Code section 3600(a)(10)(D)Labor Code section 5412cumulative traumacompensable disabilityknowledge of industrial causationdate of injurynotice of terminationU.S. HealthWorks
References
7
Case No. MISSING
Regular Panel Decision
Nov 25, 1986

In re Moises D.

This appeal arises from an amended order of the Family Court, Kings County, which dismissed petitions alleging that Moisés D. and Noami D. were neglected children. The appellate court reversed the lower court's decision, adjudicating Moisés D. and Noami D. as neglected children and remitting the matter for a dispositional hearing. The evidence detailed the father's history of paranoid schizophrenia and past instances of severe abuse and neglect towards his other children, including physical violence and a dangerous incident with an autistic son. The mother was found to have failed to protect the children and demonstrated a faulty understanding of parental duties, leading the court to conclude a substantial risk of harm to Moisés D. and Noami D. without supervision. The decision emphasized the necessity of a dispositional hearing to determine the children's well-being and maintain family integrity.

Child NeglectFamily Court ActParental RightsMental IllnessParanoid SchizophreniaChild AbuseAppellate ReviewDispositional HearingRisk AssessmentParental Fitness
References
4
Case No. 2020 NY Slip Op 00935 [180 AD3d 1331]
Regular Panel Decision
Feb 07, 2020

Matter of Emma D. (Kelly v. D.)

This case involves two appeals concerning Emma D. In Appeal No. 1, the Ontario County Department of Social Services (DSS) initiated a neglect proceeding against the mother, Kelly V.(D.). The mother's motion to change venue to Monroe County was denied due to her refusal to provide her actual residence. In Appeal No. 2, the grandmother, Margarita D., commenced a custody proceeding against the mother. Custody was granted to the grandmother, supported by findings of extraordinary circumstances including the mother's neglect, unstable living situation, mental health issues, and failure to address the child's special needs. The Appellate Division, Fourth Department, unanimously affirmed both orders, including the supervised visitation arrangement between the mother and grandmother.

Child NeglectCustody DisputeFamily Court ActVenue ChangeExtraordinary CircumstancesSupervised VisitationParental RightsChild WelfareAppellate ReviewParental Fitness
References
9
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