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

Case No. 2024 NY Slip Op 01775 [226 AD3d 403]
Regular Panel Decision
Apr 02, 2024

Matter of D.B. (Larry B.)

The Appellate Division, First Department, affirmed the Family Court's finding that the respondent father, Larry B., neglected his child, D.B. The neglect was based on the father's verbal abuse, harsh behavior, and failure to address the child's serious emotional and psychological needs, including minimizing suicidal ideation and impeding medical and mental health treatment after the child's psychiatric hospitalization. The court found that a preponderance of the evidence supported the neglect finding, corroborated by the father's own testimony and a Child Protective Specialist's report, and upheld the Family Court's credibility determinations.

Child NeglectParental AbuseEmotional TraumaSuicidal IdeationMental Health TreatmentFamily Court ActAppellate ReviewCredibility AssessmentCorroboration of StatementsParental Responsibility
References
9
Case No. ADJ4182037 (SAC 0353126), ADJ130886 (SBR 0320337)
Regular
Jun 22, 2018

LARRY SHERMAN vs. COUNTY OF MONO

The Workers' Compensation Appeals Board (WCAB) dismissed Larry Sherman's petition for reconsideration because it was filed against a non-final order, which is a procedural or evidentiary decision that does not determine substantive rights or liabilities. The WCAB also denied Sherman's petition for removal, finding no showing of substantial prejudice or irreparable harm that would warrant this extraordinary remedy. Consequently, the WCAB affirmed the WCJ's report and dismissed the reconsideration petition while denying the removal petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ3841626
Regular
May 20, 2009

LARRY GAMINO vs. HOME DEPOT

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (WCJ) decision that applicant Larry Gamino did not incur an industrial injury to his right foot on December 23, 2005. The WCAB found the applicant's testimony regarding this specific injury to be not credible. Deference was given to the WCJ's credibility determination, as no substantial contrary evidence was presented. Therefore, the applicant was ordered to take nothing by way of his claim for this injury.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFinding and OrderIndustrial InjuryRight Foot InjuryGeneral Warehouse AssociateSales AssociatePreponderance of the EvidenceWCJ ReportCredibility Determination
References
3
Case No. ADJ8717729
Regular

LARRY PRYOR vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board dismissed Larry Pryor's Petition for Reconsideration because it was filed against a non-final interlocutory order. Such orders, dealing with procedural or evidentiary matters, do not determine substantive rights and are not appealable via reconsideration. The Board also denied Pryor's request for removal, adopting the reasoning of the administrative law judge. Furthermore, the petition was defective for lack of verification as required by law.

Petition for ReconsiderationFinal OrderInterlocutory DecisionsSubstantive RightRemovalPre-trial OrdersVerified PetitionLabor Code Section 5902Administrative Law JudgeReport and Recommendation
References
10
Case No. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)
Regular
Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

This case concerns a worker's compensation claim for a back and spine injury sustained by Larry Shores. The Board granted reconsideration, rescinded sanctions imposed on the defendant for litigation tactics, and rescinded a penalty for delayed temporary disability payments. However, it otherwise affirmed the finding of industrial injury, awarded penalties for unreasonable delay in medical treatment, and upheld the need for ongoing medical care, including surgery.

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury
References
27
Case No. MISSING
Regular Panel Decision

Nadeau v. Equity Residential Properties Management Corp.

Plaintiff Janice Nadeau initiated a class action against Equity Residential Properties Management Corporation, alleging violations of the Fair Labor Standards Act and New York Labor Law. Her claims include uncompensated off-the-clock work, failure to pay overtime, inaccurate wage statements, and retaliation for pursuing arbitration. Defendant moved to compel arbitration, citing a pre-employment arbitration agreement. The court denied this motion, ruling that the defendant materially breached the arbitration agreement by failing to pay the required filing fees to the American Arbitration Association (AAA) and refusing to participate in the arbitration process, thereby forfeiting its right to enforce the agreement.

Fair Labor Standards ActNew York Labor LawArbitration AgreementMotion to Compel ArbitrationBreach of ContractRetaliationOff-the-Clock WorkWage DisputeFederal Arbitration ActEmployment Law
References
13
Case No. ADJ7469915
Regular
Mar 26, 2012

LARY GONZALES VARA, LARRY VARA vs. STEVENS TRANSPORATATION

This case involves a petition for reconsideration and removal filed by the applicant, Larry Vara, against Stevens Transportation. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, holding that interlocutory procedural orders are not final and thus not subject to reconsideration. The petition for removal was also denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. Therefore, both the petition for reconsideration and removal were dismissed and denied respectively.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsRemovalLabor Code Section 5310Pre-trial OrdersWCJ Report and RecommendationSubstantial Prejudice
References
9
Case No. ADJ3357383 (LAO 0845427)
Regular
Nov 26, 2013

LARRY ALVES vs. PANELIZED STRUCTURES, STATE COMPENSATION INSURANCE FUND

This case concerns Larry Alves' claim for psychiatric injury following a physical injury sustained while employed for less than six months. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling favoring the applicant. The WCAB found the psychiatric claim barred under Labor Code § 3208.3(d) because the applicant's employment was too short and the injury was not caused by a "sudden and extraordinary" employment condition. The Board concluded that an injury from a falling truss, though unfortunate, is not extraordinary in construction work.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment requirementfalling trusscarpenterconstruction workerpanelized structuresState Compensation Insurance FundWorkers' Compensation Appeals Board
References
6
Case No. ADJ10730997
Regular
Feb 04, 2019

Larry Martinez vs. Priority Box Ship, Inc., The Hartford Insurance

This case involves Larry Martinez's claim for workers' compensation benefits due to cumulative trauma injury. The initial judge denied the claim, finding insufficient evidence of cumulative trauma despite applicant's testimony and some medical references. The Workers' Compensation Appeals Board granted reconsideration to further examine the case, ultimately affirming the original decision. The Board found that the medical evidence primarily supported specific injuries, not cumulative trauma, and applicant's testimony was contradicted by coworkers. Additionally, the Board noted issues with the post-termination defense for any alleged specific injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative Trauma InjurySpecific InjuryFindings and OrderQualified Medical EvaluatorBurden of ProofIndustrial InjuryMedical EvidenceTestimony
References
0
Case No. ADJ1170386 (OXN 0133453) ADJ2465830 (VNO 0334817)
Regular
May 17, 2010

Larry Salit vs. ALPHA INDUSTRIES, CHARTIS COSTA MESA, CITY OF INGLEWOOD

This case involves Larry Salit's petitions for reconsideration of two workers' compensation awards. The applicant sought compensation for cumulative trauma injuries to his upper extremities and for injuries to his back, TMJ, hearing, neck, upper extremities, and fibromyalgia. The applicant contended the judge erred in apportioning prior injuries, awarding liens, and discounting medical opinions regarding fibromyalgia and its connection to IBS. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's findings that apportionment was proper and supported by substantial medical evidence.

Workers' Compensation Appeals BoardCumulative trauma injuryBilateral upper extremitiesPermanent disabilityApportionmentLabor Code 4663Labor Code 4664FibromyalgiaTMJIrritable Bowel Syndrome (IBS)
References
1
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