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

Case No. 2016 NY Slip Op 07293 [144 AD3d 744]
Regular Panel Decision
Nov 09, 2016

Goodwin v. Dix Hills Jewish Center

The plaintiff, Eddie Goodwin, sustained personal injuries after falling from a ladder while rehanging speakers at the defendant's premises. He had been installing wood paneling as part of his work. Goodwin filed an action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially granted the defendant's motion for summary judgment and denied the plaintiff's motion. The Appellate Division, Second Department, modified the order, finding that the plaintiff was engaged in 'altering' a building under Labor Law § 240 (1) and was injured during duties ancillary to a covered activity, thus entitling him to protection under the statute. Consequently, the court denied the defendant's motion to dismiss the Labor Law § 240 (1) claim and granted the plaintiff's motion for summary judgment on liability for that claim, while affirming the dismissal of the other Labor Law claims and the common-law negligence claim.

Personal InjuryLabor Law § 240 (1)Ladder AccidentAlteration WorkSummary JudgmentAppellate ReviewConstruction WorkAncillary DutiesSafe Place to WorkIndustrial Code
References
29
Case No. ADJ4301648 (SAC 0355931)
Regular
Oct 01, 2013

KENNETH GOODWIN (Deceased) JANETTE DEGRACE GOODWIN (Widow) vs. LARRY AND PRISCILLA TANNER dba COACH 2000, CIGA for LEGION INSURANCE in liquidation; PILOT COMPUTER SERVICE AND FEDERAL INSURANCE COMPANY

In this workers' compensation matter, the applicant's widow, Janette DeGrace Goodwin, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board has denied this petition. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report in its decision. Therefore, the original ruling stands without further review by the Appeals Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportKenneth Goodwin (Deceased)Janette DeGrace Goodwin (Widow)Larry and Priscilla Tanner dba Coach 2000CIGALegion InsurancePilot Computer Service
References
0
Case No. 2015 NY Slip Op 00705 [124 AD3d 559]
Regular Panel Decision
Jan 29, 2015

Goodwin v. Empire City Subway Co., Ltd.

The Appellate Division, First Department, addressed an appeal concerning a motion by the City of New York and the New York City Department of Transportation to amend their answer. The Supreme Court had previously denied this unopposed motion. The Appellate Division modified the original order, permitting the City to assert most proposed affirmative defenses and cross claims. However, it affirmed the denial regarding defenses based on Workers' Compensation Law, accord and satisfaction, and the emergency doctrine, deeming them waived. The court emphasized that in the absence of opposition, the proposed amendments were not palpably insufficient or patently devoid of merit, and no prejudice or surprise was demonstrated by opposing parties.

affirmative defensescross claimsamend answerwaiverWorkers' Compensation Lawaccord and satisfactionemergency doctrinepalpably insufficientpatently devoid of meritappellate review
References
2
Case No. ADJ542950
Regular
May 12, 2009

LANCE TURNER vs. ALL PAYMENT SERVICES, AIG

This case concerns two petitions for removal filed by the applicant, Lance Turner, against All Payment Services and AIG. Turner sought to close discovery at a mandatory settlement conference and obtain a protective order against the defendant's discovery efforts. The Appeals Board denied both petitions, finding the WCJ's reasoning sound. However, the Board recommended a status conference to address discovery disputes and expedite the case towards trial.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceDiscoveryProtective OrderWCJOff Calendar StatusStatus ConferenceDepositionTrial Level
References
0
Case No. ADJ3310545
Regular
Dec 07, 2017

LANCE GOODWIN vs. EDW APFFELS COMPANY, INC., PACIFIC COMPENSATION INSURANCE COMPANY

This case involves an award of additional attorney's fees under Labor Code § 5801. The Second District Court of Appeal previously remanded the matter for such an award after denying the defendant's Petition for Writ of Review. Applicant's counsel and the defendant stipulated to reasonable attorney's fees of $8,000.00 for services rendered in responding to the petition. The Board found the stipulated amount reasonable and issued the award to the applicant's law firm.

Writ of ReviewAttorney's FeesLabor Code § 5801RemandStipulationAppellate Attorney's FeesWorkers' Compensation Appeals BoardPacific Compensation Insurance CompanyEDW APFFELS COMPANYINC.
References
1
Case No. ADJ3310545 (VNO 0535709)
Regular
Dec 20, 2016

LANCE GOODWIN vs. EDWARD APFFELS COMPANY, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision issued on October 13, 2016. This grant is to allow the Board further time to study the complex factual and legal issues involved. All future filings related to the reconsideration petitions must be directed to the WCAB Commissioners' office, not district offices, and should not be e-filed in EAMS. Any proposed settlements must be promptly communicated to the Appeals Board as a WCJ cannot act on them during reconsideration.

Workers' Compensation Appeals BoardPetitions for ReconsiderationGrant of ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemWCJCompromise and Release AgreementsStipulations with Request for AwardPenaltiesDeposition Attorney's Fees
References
1
Case No. MISSING
Regular Panel Decision
Jan 23, 1978

Claim of Goodwin v. R. E. H. Corp.

The claimant, mother of the deceased employee Charles Goodwin, appealed a decision from the Workers’ Compensation Board. The deceased suffered an accidental death in 1975, and the claimant was found to be partially dependent on him. A referee initially awarded $48 per week. The Board modified this, reaffirming the award until June 7, 1977, and restoring the case to address continued dependency thereafter. The appellants argued there was insufficient evidence for continued dependency, citing the claimant's new employment post-death. However, the Board inferred continued dependency due to changes in her financial situation, including reduced welfare and unemployment benefits and loss of her ex-husband's Social Security benefits following their divorce. The court affirmed the Board's determination, finding it was not to be disturbed.

Dependency BenefitsAccidental DeathPartial DependencyWorkers' Compensation LawSpousal SupportUnemployment BenefitsSocial Security BenefitsHousehold ContributionsMarital Status ChangeEvidentiary Support
References
4
Case No. ADJ6451323
Regular
Sep 03, 2013

STEPHEN GOODWIN vs. CORNELL COMPANIES, INC.; LIBERTY MUTUAL INSURANCE

Applicant Stephen Goodwin petitioned for reconsideration of a prior award finding 78% permanent disability for an admitted industrial injury. The applicant argued for a 15% increase in permanent disability indemnity under Labor Code section 4658(d)(2) due to the employer failing to offer work within 60 days of the permanent and stationary date. The Appeals Board granted reconsideration to allow further development of the record regarding the section 4658(d) issue and the employer's size, deferring the final determination of the 15% adjustment and related attorney fees. The matter was returned to the WCJ for further proceedings.

Labor Code section 4658(d)(2)Petition for ReconsiderationPermanent Disability IndemnityLife PensionAttorney's FeesIndustrial InjuryCorrectional LieutenantPermanent and StationaryModified WorkAlternative Work
References
3
Case No. ADJ7096210
Regular
Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board granted removal to address the frivolous nature of the petition, which contained false factual assertions regarding a prior conference. Consequently, the Board intends to impose sanctions of up to $1,500 each against Hearing Representative Lance Garrett and Attorney Carl Feldman for their bad-faith actions. The Board also ordered Attorney Feldman to identify the representative who appeared at the January 26, 2011 conference.

WCABPetition for ReconsiderationPetition for RemovalOrder To Suspend ProceedingCompel Medical ExaminationPanel Qualified Medical Examiner (PQME)Hearing RepresentativeSanctionsFrivolous PetitionBad Faith Actions
References
1
Case No. MISSING
Regular Panel Decision

Leopold v. Birkett

Lance and Sylvie Leopold brought an action against HRA special patrolmen, HRA, and New York City, alleging civil rights violations and tortious injury after Lance was allegedly abused by patrolmen. Sylvie also claimed for loss of her husband's services. Defendants sought to dismiss Lance's federal claims for lack of policy allegations and Sylvie's state law derivative claim for lack of jurisdiction. Plaintiffs cross-moved to amend Lance's complaint. The court granted the amendment for Lance's claims, but dismissed Sylvie Leopold's state law claim, determining it lacked ancillary jurisdiction over her claim when joined with her husband's federal claim, based on precedent regarding limitations of federal court jurisdiction.

Ancillary JurisdictionPendent JurisdictionFederal Civil RightsMunicipal LiabilityDerivative ClaimsLoss of Consortium42 U.S.C. § 1983U.S. District CourtSovereign ImmunityRule 23(b)(3) Class Actions
References
9
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