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Case No. 2018-2553 W C

Regular Panel Decision

Jan 30, 2020

Hobart v. Mendelson

Plaintiff John Hobart sought to recover $840 for services performed for Amo Restoration, LLC, a business formed by defendant Mildred Mendelson. Hobart was hired for carpentry and yard work, but Mendelson stopped payment on his final check after he refused to provide his address and Social Security number. The Justice Court awarded Hobart the principal sum of $840. On appeal, Mendelson argued she was not obligated to pay until Hobart provided his personal information. The Appellate Term affirmed the judgment, stating that under Labor Law § 191 (1) and New York public policy, workers are entitled to be paid for work already performed regardless of documentation regarding employment eligibility.

Small Claims ActionWage DisputeLabor LawUnpaid WagesSocial Security NumberEmployment DocumentationAppellate TermSubstantial JusticeNonjury TrialPro Se

References

Case No. ADJ3745795 (MON 0358797)

Regular

Jan 28, 2010

ROBERT JOHNSON vs. AUTOMATED TELLER ACCESSORIES CORPORATION, UEBTF

The Workers' Compensation Appeals Board granted Littler Mendelson's petition for reconsideration, amending the original award by deleting a finding of fact. The Board determined that Littler, as counsel for Automated Teller Accessories Corporation, failed to obtain proper withdrawal and did not provide adequate notice of non-appearance for trial. Consequently, the case is returned to the WCJ for further proceedings regarding the reasonableness of Littler's absence and any potential sanctions, ensuring due process.

WORKERS' COMPENSATION APPEALS BOARDAUTOMATED TELLER ACCESSORIES CORPORATIONUEBTFPetition for ReconsiderationFindings of Fact and AwardWCJemployee statusfailure to appear at trialwithdrawal of counselUninsured Employers Benefits Trust Fund

References

Case No. VNO 348245

Regular

Jun 06, 2008

Paul Benedict vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, finding that 60% of the applicant's permanent psychiatric disability should be apportioned to non-industrial factors. This decision largely adopted the opinion of Dr. Mendelson, who considered various personal stressors and pre-existing conditions. The matter was returned for a new permanent disability rating based on this apportionment.

Workers' Compensation Appeals BoardCumulative Trauma InjuryInternal SystemHeadachesPsycheParole Agent ICompensable ConsequenceStrokeApportionmentDiabetic Condition

References

Case No. Z docket

Regular Panel Decision

Oct 29, 2007

Matter of Administration for Children's Servs. v. Silvia S.

The Administration for Children's Services (ACS) filed a motion in Family Court, Queens County, seeking an order to compel the respondent, Silvia S., to produce her psychological, psychiatric, and medical records. ACS argued that these records were necessary to investigate allegations of child neglect involving Silvia S. and her child, Daniel C., following incidents related to her seizure disorder, homelessness, and postpartum depression. The court, presided over by Judge Edwina G. Richardson-Mendelson, denied the motion. The judge found that ACS had not demonstrated a meritorious cause of action for neglect and was improperly seeking pre-petition disclosure to determine if a cause of action existed. The court also emphasized the need for confidentiality under HIPAA and Mental Hygiene Law § 33.13, concluding that the interest of justice did not outweigh the respondent's need for privacy given the lack of a stated cause of action and no harm to the child.

Child NeglectMedical Records DisclosurePsychiatric RecordsPsychological RecordsPre-Petition DisclosureCPLR 3102(c)Family Court Act § 1038(d)HIPAAMental Hygiene Law § 33.13Confidentiality

References

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Hobart v. Mendelson

Small Claims ActionWage DisputeLabor LawUnpaid WagesSocial Security NumberEmployment DocumentationAppellate TermSubstantial JusticeNonjury TrialPro Se

ROBERT JOHNSON vs. AUTOMATED TELLER ACCESSORIES CORPORATION, UEBTF

Paul Benedict vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardCumulative Trauma InjuryInternal SystemHeadachesPsycheParole Agent ICompensable ConsequenceStrokeApportionmentDiabetic Condition

Matter of Administration for Children's Servs. v. Silvia S.

Child NeglectMedical Records DisclosurePsychiatric RecordsPsychological RecordsPre-Petition DisclosureCPLR 3102(c)Family Court Act § 1038(d)HIPAAMental Hygiene Law § 33.13Confidentiality