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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
Apr 03, 2006

Lawrence Teachers Ass'n v. Lawrence Public Schools

This case concerns an appeal by the Lawrence Teachers Association (petitioner) challenging the denial of their petition to confirm an arbitration award. The arbitration award mandated Lawrence Public Schools (respondent) to designate members of the petitioner’s bargaining unit to provide special education services outside the school district's geographical boundaries. The Supreme Court, Nassau County, denied the petition, concluding the award was unenforceable. The appellate court affirmed this decision, ruling that the arbitration award violated public policy as it contravened Education Law former § 3602-c (2). This statute required the school district to contract with the school district where the nonpublic school attended by the pupil was located for such services. The court emphasized that an arbitrator's award cannot stand if it is contrary to well-defined statutory law and public policy.

Arbitration AwardPublic PolicyEducation LawSpecial Education ServicesCollective BargainingStipulationStatutory ViolationAppellate ReviewSchool District ObligationsLabor Dispute
References
4
Case No. 2015-1244 N CR NO.
Regular Panel Decision
Sep 14, 2017

People v. Lawrence (Derek)

Derek Lawrence appealed his conviction for sexual abuse in the third degree, stemming from two incidents involving a co-worker. He argued ineffective assistance of counsel, claiming his lawyer failed to present evidence of office dysfunction and an EEOC complaint against the victim. The Appellate Term, Second Department, affirmed the conviction, finding that counsel provided meaningful representation by employing a strategy to impeach the victim's credibility and securing acquittals on three of the four initial charges. The court also deemed the sentence of 90 days incarceration and a $500 fine appropriate, citing Lawrence's prior assault conviction.

Sexual AbuseIneffective Assistance of CounselAppellate ReviewCredibilityTrial StrategySentencingAssaultNonjury TrialProsecutor's InformationSandoval Hearing
References
12
Case No. ADJ8841436
Regular
Jul 11, 2014

RONALD LAWRENCE vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Ronald Lawrence's petition for reconsideration of the denial of his back injury claim. The Workers' Compensation Judge found Lawrence not credible, citing inconsistencies in his account of the injury. The medical records were ambiguous and the judge gave great weight to his credibility determination, adopting the judge's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityBurden of ProofDisputed InjuryTestimonial EvidenceMedical RecordsLabor CodeAdmissibility of Evidence
References
1
Case No. 534169
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of James O'Donnell

James O'Donnell, a construction worker, established a claim for Caisson disease in 1999 with a date of disablement determined to be July 23, 1999. He was awarded 104.4 weeks of benefits which concluded in August 2000. In 2017, O'Donnell sought to reopen his case due to an increased schedule loss of use (SLU) of his extremities, requesting additional awards. The employer's carrier opposed this, citing untimeliness under Workers' Compensation Law § 123. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's decision, finding that the 1999 disablement date was an inadvertent error and the actual date was July 23, 1998, thus rendering the application to reopen untimely. The Appellate Division affirmed the Board's decision, concluding that the 1999 date was indeed an error based on medical evidence and payment commencement dates.

Workers' CompensationCaisson DiseaseSchedule Loss of UseTimelinessContinuing JurisdictionDate of DisablementReopening ClaimInadvertent ErrorAppellate ReviewStatutory Interpretation
References
2
Case No. 2018 NY Slip Op 04410 [162 AD3d 1278]
Regular Panel Decision
Jun 14, 2018

Matter of O'Donnell v. Erie County

Sandra L. O'Donnell, a probation officer, sustained work-related injuries in 2010 and retired in 2013 due to ongoing issues and increased job demands. A Workers' Compensation Law Judge classified her with a permanent partial disability and found her retirement to be an involuntary withdrawal from the labor market, excusing her from demonstrating an ongoing attachment to the labor market. The Workers' Compensation Board affirmed this decision, though it modified her wage-earning capacity. The employer appealed, contending the Board erred by not requiring postretirement labor market attachment. The Appellate Division affirmed the Board's decision, ruling that a recent amendment to Workers' Compensation Law § 15 (3) (w), which took effect in April 2017, applied retroactively and eliminated the need for claimants like O'Donnell to prove continued attachment to the labor market.

Permanent Partial DisabilityInvoluntary Withdrawal from Labor MarketRetroactive Application of StatuteStatutory InterpretationLegislative HistoryWage Replacement BenefitsLabor Market AttachmentAppellate ReviewJudiciary LawWorkers' Compensation Law
References
5
Case No. MISSING
Regular Panel Decision

La Belle v. County of St. Lawrence

This case involves three consolidated actions arising from the temporary removal of two minor children, Randy and Jodi La Belle, by St. Lawrence County Department of Social Services and Massena police officers while their parents, Albert and Joyce La Belle, were on vacation. The parents (Action No. 1) sued for intentional infliction of emotional distress and civil rights violations (42 U.S.C. § 1983). The children (Action Nos. 2 and 3) brought claims for false arrest, false imprisonment, and civil rights violations. This appeal reviews the denial of defendants' motions to dismiss the complaints by the Supreme Court at Special Term. The appellate court modified the order, dismissing the parents' entire action, certain civil rights claims against the County of St. Lawrence and the Village of Massena, and all punitive damages claims against municipalities and for State law claims in Action Nos. 2 and 3. The infant plaintiffs were left with causes of action for false arrest, false imprisonment, and section 1983 claims against the Department of Social Services and individual defendants, with punitive damages claims remaining only against individual defendants for the section 1983 causes of action.

Child ProtectionCivil Rights ViolationFalse ArrestFalse ImprisonmentIntentional Infliction of Emotional DistressGovernment ImmunityPunitive DamagesMunicipal LiabilityRespondeat SuperiorAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

In re Lawrence Children

This consolidated opinion addresses a motion brought by minor parents, Barbara Allen and Gail Lawrence, who are respondents in separate neglect proceedings initiated by the Administration for Children’s Services (ACS). The parents, who are or recently were in foster care, argue that ACS has a conflict of interest in prosecuting neglect cases against individuals for whom it also serves as parens patriae. They sought an order to relieve ACS as petitioner and appoint a special prosecutor. The court, presided over by Daniel Turbow, J., denied the motion, concluding that no legal basis exists for the requested relief, as any alleged conflict is inherent in ACS’s statutory obligations. However, the court urged ACS to consider the age of minor parents in such cases and suggested utilizing Social Services Law § 398 to assume care of destitute children without necessarily imposing a neglect finding, emphasizing that minors should not be held to the same standard of care as adults.

Child NeglectFoster CareMinor ParentsConflict of InterestSpecial ProsecutorFamily Court Act Article 10Social Services LawParens PatriaeLaw GuardianStandard of Care for Minors
References
25
Case No. 2022 NY Slip Op 06525 [210 AD3d 1259]
Regular Panel Decision
Nov 17, 2022

Matter of O'Donnell v. Catapano

The claimant, James O'Donnell, established a claim for Caisson disease in 1999, with a date of disablement and an award of benefits. In 2017, he sought to reopen the case due to increased impairment, requesting additional awards. The employer's workers' compensation carrier opposed this, asserting untimeliness under Workers' Compensation Law § 123. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's decision, finding an inadvertent error in the original 1999 decision regarding the date of disablement, which was determined to be July 23, 1998, rather than July 23, 1999. Consequently, the Board ruled the application to reopen was untimely. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion.

Workers' CompensationCaisson diseaseSchedule Loss of Use (SLU)TimelinessReopening ClaimDate of DisablementInadvertent ErrorAppellate ReviewThird DepartmentNew York Law
References
2
Case No. 2025 NYSlipOp 06714
Regular Panel Decision
Dec 03, 2025

O'Donnell v. Rocklyn Ecclesiastical Corp.

The plaintiff, William O'Donnell, was injured while performing work at a school construction site in Brooklyn when a trench approximately 10 feet deep collapsed, causing him to fall. He initiated an action alleging violations of Labor Law § 240 (1) and § 241 (6), with the latter predicated on 12 NYCRR 23-1.7 (b) (1), asserting a failure to provide adequate safety devices. The Supreme Court, Kings County, initially denied the plaintiff's motion for summary judgment on the issue of liability. The Appellate Division, Second Department, reversed this decision, finding that the plaintiff had demonstrated, prima facie, that the defendants violated both Labor Law sections due to the absence of proper safety devices, and that the defendants failed to raise a triable issue of fact concerning the plaintiff being the sole proximate cause of his injuries. Consequently, the appellate court granted the plaintiff's motion for summary judgment on the issue of liability.

Construction Site AccidentTrench CollapseSummary JudgmentLiabilityProximate CauseSafety DevicesIndustrial Code ViolationsAppellate ReviewPersonal InjuryWorker Safety
References
12
Case No. 532612
Regular Panel Decision
Jun 23, 2022

In the Matter of the Claim of Anne O'Donnell

In this Workers' Compensation case, claimant Anne O'Donnell, a nurse, sustained work-related injuries. The employer, University of Rochester, sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) (d) due to preexisting conditions. A Workers' Compensation Law Judge initially found the employer entitled to reimbursement based on a pretrial conference statement. However, the Workers' Compensation Board reversed this, ruling the statement was not legally binding without Board approval, and discharged the Special Disability Fund from liability. The employer's subsequent application for reconsideration was denied. The Appellate Division affirmed both decisions, rejecting the employer's arguments that the pretrial conference statement was preclusive or that estoppel/laches applied, citing lack of proper Board approval for the statement.

Permanent Partial DisabilitySpecial Disability FundReimbursementPretrial Conference StatementBoard ApprovalEstoppelLachesReconsiderationAppellate ReviewSlip and Fall
References
8
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