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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
Sep 04, 2015

In re Barrier Window Systems, Inc.

Barrier Window Systems, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found Barrier liable for additional unemployment insurance contributions for its installers. Barrier, which transitioned from installing to selling building products and arranging installations via subcontractors, argued it was not a contractor under the Fair Play Act and that its installers were independent contractors. The Board determined that Barrier continued to engage in construction by arranging installations and that the installers did not meet all three criteria of the Fair Play Act's ABC test for independent contractor status. The Court affirmed the Board's decision, finding it supported by substantial evidence, thereby upholding Barrier's liability.

Unemployment InsuranceIndependent ContractorWorker MisclassificationConstruction Industry Fair Play ActLabor LawABC TestEmployment RelationshipSubstantial EvidenceAdministrative AppealStatutory Presumption
References
7
Case No. MISSING
Regular Panel Decision
Feb 06, 2003

Petrillo v. Durr Mechanical Construction, Inc.

This case concerns an order from the Supreme Court, New York County, which was unanimously affirmed by an appellate panel. The order granted summary judgment to third-party defendants Proven Electrical Contracting Co. and Barrier Electrical Contracting, Inc., leading to the dismissal of the third-party complaint filed by Durr. The court determined that Durr's claims for contribution and common-law indemnification against Proven, the plaintiff's employer, were barred by Workers’ Compensation Law § 11 because the plaintiff's injuries were not considered "grave." Additionally, Durr failed to demonstrate the existence of contracts requiring indemnification or insurance procurement from Proven. Barrier was also granted summary judgment after establishing it was not present at the job site during the accident and had no relevant contractual obligations to Durr. Durr's speculative request for further discovery was rejected as insufficient grounds to deny summary judgment.

Summary JudgmentThird-Party ComplaintWorkers' Compensation LawContributionCommon-Law IndemnificationContractual IndemnificationInsurance ProcurementGrave InjuryEmployer LiabilityAppellate Division
References
2
Case No. MISSING
Regular Panel Decision
Jul 16, 1979

In re David R.

The New York City Department of Social Services petitioned for approval to transfer the custody of David R. under a 'Voluntary Placement Agreement' signed by the maternal grandmother. The child was under two months old and hospitalized at the time. The court evaluated the validity of the agreement, questioning if the maternal grandmother had the right or understanding to place the child, particularly due to a language barrier as she only spoke Spanish and no interpreter was provided during the signing. The court found no binding contract existed, citing the grandmother's lack of authority to place the child, the language problem, and deliberate misrepresentation by the department. Furthermore, the court found that the placement was not in the child's best interests, as the department failed to contact the parents before accepting placement. Consequently, the petition was dismissed, and the child was to be returned to the parents.

Child CustodyVoluntary Placement AgreementSocial Services LawContract ValidityLanguage BarrierDue ProcessParental RightsMaternal GrandmotherFamily Court JurisdictionBest Interests of the Child
References
11
Case No. 2025 NY Slip Op 06374 [243 AD3d 1096]
Regular Panel Decision
Nov 20, 2025

Matter of Quinzo v. Millenium Servs. LLC

Claimant Segundo Quinzo sustained work-related neck and left shoulder injuries in March 2020, leading to an established workers' compensation claim with a marked temporary partial disability. The employer and carrier, Millenium Services LLC, challenged Quinzo's attachment to the labor market. The Workers' Compensation Board found that Quinzo demonstrated attachment as of June 13, 2023, citing his diligent independent job search efforts within medical restrictions, enrollment in English for Speakers of Other Languages (ESOL) classes, and utilization of the Workforce 1 Career Center despite language barriers and limited education. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that Quinzo made reasonable efforts to attach to the labor market, thereby upholding his entitlement to benefits.

Workers' CompensationLabor Market AttachmentTemporary Partial DisabilityJob Search EffortsMedical RestrictionsAppellate ReviewSubstantial EvidenceESOL ProgramVocational RehabilitationCredibility Assessment
References
11
Case No. MISSING
Regular Panel Decision
Dec 08, 1972

Claim of Marciniak v. Berlitz School of Languages

The claimant, a French teacher, was injured on his way home after teaching a class at an alternate location (Hospital for Special Surgery) following his regular shift at the employer's main school. The Workmen’s Compensation Board denied his claim, but the court reversed this decision. The court reasoned that the claimant, when traveling to and from the remote teaching assignment, was acting as an 'outside worker.' Citing established precedents, the court concluded that the homeward journey from such a special work assignment falls within the course of employment. Therefore, the Board's decision was reversed, and the case was sent back for further proceedings consistent with this ruling.

Worker's CompensationOutside EmployeeCourse of EmploymentTravel InjuryDual Employment LocationAppealRemittalSpecial Errand RuleWork-Related Injury
References
3
Case No. MISSING
Regular Panel Decision

In re the Claim of Soo Tsui

The case involves an appeal from decisions of the Unemployment Insurance Appeal Board regarding Language Services Associates, Inc.'s (LSA) liability for unemployment insurance contributions. A claimant, a Cantonese and Mandarin interpreter, filed for benefits after ceasing work for LSA. The Department of Labor determined she was an employee, not an independent contractor, making LSA liable. LSA appealed, but an Administrative Law Judge and the Unemployment Insurance Appeal Board affirmed the Department's determination. The court, in turn, affirmed the Board's decision, finding substantial evidence of an employer-employee relationship based on LSA's control over assignments, payment practices, and performance monitoring. The court also upheld LSA's liability for similarly situated individuals and found no conflict with Department of Labor guidelines for the translating and interpreting industry.

Employment StatusIndependent ContractorEmployer-Employee RelationshipUnemployment Insurance ContributionsInterpretersTranslation ServicesDepartment of LaborUnemployment Insurance Appeal BoardSubstantial EvidenceWorker Classification
References
11
Case No. ADJ9322914
Regular
Sep 30, 2019

Maria Hernandez vs. CALIFORNIA CHARTER SCHOOLS ASPIRE GATEWAY ACADEMY, GALLAGHER BASSETT

Applicant Maria Hernandez sought reconsideration of an approved stipulation, alleging she didn't understand the document when she signed it due to a language barrier. The Appeals Board dismissed her Petition for Reconsideration as untimely and premature. The Board directed the matter back to the trial level, advising the WCJ to treat the petition as one to set aside the award. This will allow for a hearing where the applicant can present evidence to support her claim of misunderstanding.

Award on StipulationsPetition for ReconsiderationDismissalGood CausePetition to Set AsideStipulationsWCJAppeals BoardIndustrial InjuryUpper Extremities
References
8
Case No. MISSING
Regular Panel Decision

Agnelli v. Tonegatti

This case concerns a household worker (plaintiff) who sued her employer (defendant) for negligence after a fall from a ladder. The complaint was ambiguous, suggesting both a statutory claim under the Workmen’s Compensation Law and a common-law negligence claim. Despite the defendant being adequately apprised by a bill of particulars, the initial judgment was reversed and vacated. The court determined that the plaintiff failed to sufficiently prove the ladder was defective, providing only vague testimony about its condition, possibly due to language barriers. Consequently, a new trial has been ordered.

negligencehousehold workerdefective laddernew trialweight of evidencelanguage barrieremployer liabilityappellate reviewWorkmen’s Compensation Law
References
0
Case No. ADJ8326133
Regular
Nov 02, 2013

ERIKA AYALA vs. CARLS JR RESTAURANTS BY THE BAY INVESTMENTS, YORK INSURANCE

The Appeals Board granted reconsideration and rescinded a dismissal with prejudice, returning the case to the trial level. Applicant's counsel argued due process violations due to improper notice and language barriers, but the Board noted the applicant's lack of diligence and multiple missed opportunities to object. The Board found insufficient evidence to determine the cause of non-response and ordered a hearing to address the merits of the dismissal petition. A hearing is now required to resolve the applicant's claims regarding treatment and communication issues.

Petition for ReconsiderationOrder Dismissing Case with PrejudiceFailure to ProsecuteDue ProcessNotice of Intention to DismissAttorney of RecordSubstitution of AttorneyFrivolous PetitionChiropractor TreatmentActual Notice
References
0
Case No. ADJ10171082
Regular
Nov 05, 2019

Mercedes Cuevas vs. Pacific Union Conference of Seventh Day Adventists, Cambridge Administrators, LLC

This case concerns whether the defendant provided adequate notice to the applicant regarding her workers' compensation rights, specifically concerning the statute of limitations. The applicant, who does not speak English, received notices only in English, which may violate Labor Code Section 5401's requirement for notices to be available in both English and Spanish. The Workers' Compensation Appeals Board (WCAB) rescinded the prior findings and returned the case for further proceedings to determine if the statute of limitations should be tolled. The WCAB emphasized the need to investigate whether the applicant had actual knowledge of her rights and obligations despite the language barrier.

Workers' Compensation Appeals BoardReconsiderationFindings of FactPermanent Disability Benefits DenialReynolds v. Workmen's Comp. Appeals Bd.Statute of LimitationsTollingSection 5401Spanish Language NoticeInformation and Assistance Officer
References
9
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