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

Case No. 2022 NY Slip Op 05820 [209 AD3d 554]
Regular Panel Decision
Oct 18, 2022

Matter of Patrice H.W. (Marcia M.)

This case concerns an appeal regarding the termination of parental rights of Marcia M. to her four children: Patrice H.W., Natalie H.W., Anthony S.W., and Amya S.W. The Appellate Division, First Department, affirmed the Family Court's findings of permanent neglect against Marcia M. concerning Patrice and violations of suspended judgments for the other three children. The court found that Marcia M. failed to plan for Patrice's future by not acknowledging problems leading to foster care placement and failed to comply with terms of suspended judgments for the other children. The appeal also dismissed challenges to the dispositional order as it was entered upon default, and rejected claims of ineffective assistance of counsel, concluding that termination of parental rights was in the children's best interests.

Parental rights terminationpermanent neglectsuspended judgment violationFamily Court appealAppellate Divisionchild welfarefoster caredefault judgmentineffective assistance of counseladoption
References
12
Case No. 2018 NY Slip Op 03468 [161 AD3d 132]
Regular Panel Decision
May 10, 2018

Matter of Machado

This case involves reciprocal discipline against attorney Esmeralda Machado. The Attorney Grievance Committee for the First Judicial Department sought to discipline Machado based on a New Jersey Supreme Court order permanently barring her from appearing pro hac vice due to unauthorized practice of law, dishonesty, and conduct prejudicial to the administration of justice. Machado had repeatedly failed to pay required fees, continued to practice in New Jersey despite her pro hac vice admission terminating, misused another attorney's letterhead, and made false statements in a divorce proceeding. The New York Appellate Division, First Department, granted the motion for reciprocal discipline, suspending Machado from the practice of law in New York for two years, effective June 11, 2018. The court found her misconduct in New Jersey would also constitute misconduct in New York.

Attorney MisconductUnauthorized Practice of LawReciprocal DisciplineProfessional EthicsSuspensionNew Jersey Disciplinary ProceedingsFalse StatementsFraudDishonestyAppellate Division First Department
References
10
Case No. ADJ695866
Regular
Jun 09, 2010

MARCIA RAVIZZA vs. ALBERTSON'S

This case involves a petition for reconsideration filed by Marcia Ravizza against Albertson's. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. The WCAB has denied Ravizza's petition for reconsideration, adopting and incorporating the reasons provided in the judge's report. Therefore, the WCAB's decision stands.

WORKERS' COMPENSATION APPEALS BOARDMARCIA RAVIZZAALBERTSON'SADJ695866OAK District OfficeRECONSIDERATION DENIEDWCJ reportPetition for Reconsiderationadministrative law judgerecord review
References
0
Case No. MISSING
Regular Panel Decision

Rivera v. Quinones-Rivera

Marcia Quinones-Rivera appealed from an order of protection and an order of disposition issued by the Family Court, Queens County. The order of protection directed her to stay away from the petitioner, while the order of disposition found her in contempt of that order and placed her on probation. The appellate court affirmed the order of protection, concluding that the Family Court's determination of a family offense was supported by a fair preponderance of credible evidence. However, the court reversed the order of disposition, dismissing the supplemental petition, due to insufficient proof that Quinones-Rivera was aware of the content of the order of protection prior to the alleged violation.

Family LawOrder of ProtectionContempt of CourtAppellate ReviewCredibility DeterminationKnowledge RequirementDue ProcessFamily Court ActQueens CountyProbation
References
7
Case No. ADJ8720882
Regular
May 29, 2014

Marcia Machado vs. Crown Plaza Hotel, Employer's Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration of a prior decision due to a settlement notification from the defendant. The Board rescinded the original March 25, 2014 decision and returned the case to the trial level. This allows a Workers' Compensation Judge to review and approve the settlement. If the settlement is not approved, the original decision can be reinstated.

WORKERS' COMPENSATION APPEALS BOARDMARCIA MACHADOCROWN PLAZA HOTELEMPLOYER'S COMPENSATION INSURANCE FUNDADJ8720882Oxnard District OfficeOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for ReconsiderationRESCINDED
References
0
Case No. ADJ7567231
Regular
Jun 28, 2019

Rose Machado vs. COUNTY OF LOS ANGELES

This case involved a worker's compensation claim filed by Rose Machado against the County of Los Angeles for injuries sustained as a court reporter. The administrative law judge had previously awarded permanent total disability and the need for further medical treatment. The County petitioned for reconsideration, disputing the permanent total disability finding. Subsequently, the parties agreed to a Compromise and Release settlement totaling $655,000. The Appeals Board reviewed the agreement, found it adequate and in the applicant's best interest, rescinded the prior award, and approved the settlement.

WORKERS' COMPENSATION APPEALS BOARDPermissibly Self-InsuredWCJFirst Amended Findings Award and Ordercumulative periodfull permanent disabilityCONCESSION AND RELEASELabor Code section 5001WCAB Rule 10882Labor Code section 5002
References
0
Case No. ADJ4688244
Regular
Jun 21, 2018

MARTIN MACHADO vs. STANISLAUS COUNTY SHERIFF'S DEPT.

This case involves a Petition for Removal filed by Martin Machado against Stanislaus County Sheriff's Department. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. Finding no grounds for removal, the Board denied the petition. Therefore, the decision of the WCJ stands.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDenied RemovalStanislaus County Sheriff's Dept.Claims Management ServicesADJ4688244STK District OfficeLaughlin Falbo Levy & MoresiMoorad Clark & Stewart
References
0
Case No. MISSING
Regular Panel Decision
Nov 14, 1994

Raponi v. Orange & Rockland Utilities, Inc.

Petitioner Eugene D. Raponi, a quadriplegic due to a work-related motor vehicle accident, along with his wife Marcia Raponi, settled a personal injury action for $100,000. The respondents, who provided workers' compensation benefits, consented to the settlement but maintained their lien. Petitioners sought to apportion the settlement proceeds, with Marcia Raponi seeking the majority due to her substantial uncompensated care for her husband. The Supreme Court granted the apportionment, finding her services exceeded the settlement value and would have otherwise required significant workers' compensation payments. This decision was affirmed on appeal, stating it prevented a double recovery while acknowledging the wife's significant uncompensated loss.

Settlement ApportionmentLoss of ConsortiumCatastrophic InjuryWorkers' Compensation LienPersonal Injury SettlementSpousal CareEquitable ApportionmentAppellate ReviewJudicial DiscretionDouble Recovery Prevention
References
4
Case No. MISSING
Regular Panel Decision
Jan 24, 2002

Machado v. City of New York

The defendant City of New York appealed an order from the Supreme Court, Richmond County, regarding damages for personal injuries. The case involved a construction worker who sustained severe injuries, including a spinal fracture and knee destruction, after a trench wall collapse in 1996, for which he obtained summary judgment against the City under Labor Law § 240. The Supreme Court had granted the plaintiff's motion to set aside the jury's inadequate verdict on damages, ordering a new trial unless the City agreed to increased awards for past and future pain and suffering. The Appellate Division affirmed this order, agreeing that the jury's award deviated materially from reasonable compensation. This decision upholds the conditional directive for a new trial on damages.

Personal InjuryConstruction AccidentTrench CollapseLabor LawDamagesPain and SufferingJury VerdictAppellate ReviewNew TrialSpinal Fracture
References
5
Case No. STK 0204737
Regular
May 13, 2008

EDUARDO MACHADO vs. GALLO GLASS COMPANY

The Workers' Compensation Appeals Board denied Gallo Glass Company's petition for reconsideration, upholding a prior award finding applicant sustained industrial injury to his face, right shoulder, and related issues like sleeping problems, anxiety, and vision. While temporary disability was awarded for a specific period, permanent disability was deferred pending further evaluation, and future medical care was deemed necessary. The majority adopted the WCJ's report, finding sufficient evidence to link the anxiety, sleeping, and vision issues to the head injury, despite the defendant's arguments to the contrary.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Award and OrderIndustrial InjuryJanitorTemporary DisabilityFuture Medical CarePermanent DisabilitySleeping ProblemsAnxiety
References
0
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