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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
Jan 24, 2013

Conn v. Dewey & LeBoeuf LLP (In re Dewey & LeBoeuf LLP)

This case involves Vittoria Conn, a former employee of Dewey & LeBoeuf LLP, who initiated a putative class action adversary proceeding. She alleged violations of the federal, New York, and California WARN Acts due to mass layoffs without proper advance notice. Dewey & LeBoeuf, the Debtor, filed a motion to dismiss, arguing that these claims should be processed through the claims allowance system and that the 'liquidating fiduciary principle' exempted them from WARN Act obligations. The Court denied the Debtor's motion to dismiss, concluding that WARN Act claims, which seek equitable relief, are appropriately brought in an adversary proceeding. The Court postponed decisions on class certification and the administrative or priority status of the claims, noting these issues are to be resolved in the main bankruptcy case.

WARN ActNY WARN ActCAL WARN ActClass ActionAdversary ProceedingBankruptcyMotion to DismissEquitable ReliefLiquidating Fiduciary PrincipleEmployee Layoffs
References
51
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
Case No. MISSING
Regular Panel Decision
May 22, 2009

In re Jessica L.

This case concerns an appeal by a father against a finding of neglect regarding his two children. The children resided with their mother, who had a history of drug use. The father, suspecting the mother was currently using drugs, anonymously contacted the Administration for Children's Services (ACS). Although the mother subsequently tested positive for cocaine, the appellate court reversed the Family Court's neglect finding against the father. The court determined that the father's actions, including his proactive call to ACS, met the minimum degree of care required and did not constitute neglect, thereby vacating the finding and dismissing the petition against him.

Family LawChild NeglectParental RightsAppellate ReviewFamily CourtSubstance AbuseDrug TestingACS InterventionMinimum Degree of CareReversal of Finding
References
3
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Bakery & Confectionery Workers' International Union of America

This case involves a review of a determination finding discrimination. The court affirmed the discrimination finding, stating it was based on substantial evidence. However, the Commissioner's calculation of damages was found to be erroneous. The original damage award for eight complainants was based on an hourly wage rate applicable to only one. The court modified the awards for complainants whose actual wages were less than the hourly wage rate used by the Commissioner, accepting their actual hourly wage rate and hours lost. Awards where actual wages exceeded the determined rate were not disturbed due to the absence of a cross-appeal.

DiscriminationDamagesWage RateErroneous ComputationJudicial ReviewModificationComplainantsHourly WageSubstantial EvidencePanel Decision
References
2
Case No. MISSING
Regular Panel Decision

In re Joshua J.

The father appealed a Family Court order that found he neglected his child, Joshua. The neglect finding was based on the father's refusal to allow DSS workers and police into his home for an unannounced visit, despite a prior agreement to cooperate with DSS supervision. The father argued he refused entry for safety reasons, citing a past robbery and concerns about impersonators, and that Joshua was found clean, healthy, and safe. The appellate court reversed the Family Court's order, finding that DSS failed to prove by a preponderance of the evidence that Joshua's condition was impaired or in imminent danger due to the father's actions. Consequently, the petition was denied, and the proceeding was dismissed.

Child NeglectChild Protective ServicesFamily Court ActParental RightsAppellate ReviewPreponderance of EvidenceDSS SupervisionUnannounced VisitsHome Entry RefusalChild Safety
References
7
Case No. ADJ9084481
Regular
Dec 06, 2017

AMAURY TELEMACO vs. PHILADELPHIA PHILLIES, ACE AMERICAN INSURANCE COMPANY, ARIZONA DIAMONDBACKS, VIRGINIA SURETY COMPANY

The Appeals Board granted reconsideration of a WCJ's finding of no subject matter jurisdiction, acknowledging that the applicant played 19 games in California during his baseball career. However, the Board intends to find that this minimal connection, absent a hiring in California, does not create a substantial and legitimate interest for California to adjudicate the claim under the *Johnson* due process standard. The Board will allow further briefing on the application of *Johnson* and the relevant statutory amendment regarding professional athletes.

Subject Matter JurisdictionLabor Code section 3600.5(a)Labor Code section 5305Hiring in CaliforniaCumulative InjuryConstitutional Due ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Substantial and Legitimate ConnectionProfessional Baseball PlayerInjurious Exposure
References
9
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ800932 (OAK 0299866) ADJ2725270 (OAK 0299867) ADJ635812 (OAK 0299868) ADJ4541817 (OAK 0308810)
Regular
Feb 16, 2010

JOAN STEPP vs. COUNTY OF CONTRA COSTA

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the previous award, and returned the case for further proceedings. The Board found the prior decision to be insufficient regarding apportionment of disability among multiple injuries as required by *Benson*. Additionally, the Board questioned the vocational expert's analysis for a finding of total permanent disability, as it did not adequately address retraining feasibility per *LeBoeuf*. The matter is remanded for the Agreed Medical Evaluator to provide clarified apportionment opinions and for a new decision consistent with *Benson* and *LeBoeuf*.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuriesCumulative TraumaPermanent Total DisabilityApportionmentAgreed Medical EvaluatorBensonLeBoeufVocational Expert
References
3
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