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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Dec 03, 1990

In re Mary S.

This is an appeal from an order terminating a father's parental rights to his daughter, Mary S., on the grounds of permanent neglect. The Family Court found the father failed to make diligent efforts to reunite with Mary, citing non-compliance with court-ordered therapy and housing requirements, despite maintaining contact and visitation. Mary S. had a history of neglect, initially placed in foster care in 1986, and was later found to be mildly retarded, eventually bonding with the foster parents who adopted her brother. The appellate court affirmed the Family Court's decision, rejecting claims of an unfair hearing and improper testimony, emphasizing that the Department of Social Services fulfilled its duty and termination was in Mary's best interest. The decision allowed Mary S. to be freed for adoption by her foster parents.

Permanent NeglectParental Rights TerminationChild NeglectFoster CareAdoptionFamily LawSocial ServicesAppellate DecisionChild WelfareDiligent Efforts
References
4
Case No. ADJ8800095
Regular
Oct 28, 2016

MARIE HINGADA vs. AXIS SPECIALTY U.S. SERVICES, INC., VIGILANT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Marie Hingada's petition for reconsideration in Case No. ADJ8800095. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The decision emphasized giving great weight to the WCJ's credibility determinations due to their observation of witnesses. No substantial evidence warranted rejecting the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidenceADJ8800095Van Nuys District Officeadministrative law judgeapplicantdefendants
References
0
Case No. MISSING
Regular Panel Decision
Mar 08, 1991

New York City Department of Social Services ex rel. Anna Marie A. v. Elena A.

In a child protective proceeding, the father and mother appealed from an order placing their children, Anna Marie A. and Juliana A., in the petitioner's custody for 12 months with supervised visitation. The Family Court's finding that the father sexually abused Anna Marie was affirmed, supported by the child's out-of-court statements corroborated by medical evidence. The mother was found guilty of neglect for failing to protect her children from abuse, as a reasonably prudent parent would have observed signs of injury. The appellate court affirmed the Family Court's dispositional order, finding no reason to disturb the supervised visitation.

Child ProtectionSexual AbuseNeglectFamily CourtSupervised VisitationCustodyAppellate ReviewMedical EvidenceCredibilityPreponderance of Evidence
References
9
Case No. CV-23-0766
Regular Panel Decision
Nov 07, 2024

In the Matter of the Claim of Mary Daniels

Claimant Mary Daniels appealed a Workers' Compensation Board decision denying a causally-related neck injury. Daniels, a train conductor, initially claimed work-related injuries to her right shoulder, elbow, and hand. A Workers' Compensation Law Judge (WCLJ) established claims for the shoulder and elbow but not the neck. The Board affirmed, noting Daniels did not report neck pain in her initial claim or during a hearing, despite medical experts opining on a causally-related neck injury based on her later complaints. The Appellate Division affirmed the Board's decision, deferring to its credibility determinations and finding substantial evidence supported the finding that the medical opinions lacked a proper factual basis regarding the neck injury.

CausationNeck InjuryRight Shoulder InjuryRight Elbow InjuryMedical EvidenceCredibility DeterminationSubstantial EvidenceAppellate ReviewTreating PhysicianOrthopedic Surgeon
References
5
Case No. CV-22-2147
Regular Panel Decision
Apr 11, 2024

In the Matter of the Claim of Marie Seide

Claimant Marie Seide, a nurse technician, sustained work-related physical and psychological injuries in 2016. Her workers' compensation claim was established, but she disputed the Workers' Compensation Board's finding of a 62.5% temporary partial disability, asserting she had a total disability. The Board's decision, which affirmed a WCLJ's finding, was based on conflicting medical evidence from multiple professionals. The Appellate Division, Third Judicial Department, reviewed the case and affirmed the Board's decision. The Court found the Board's resolution of conflicting medical opinions and its determination of the degree of disablement were supported by substantial evidence in the record.

Workers' CompensationTemporary Partial DisabilityDegree of DisablementConflicting Medical EvidenceSubstantial EvidenceAppellate ReviewMedical ExpertsPsychological InjuryOrthopedic InjuryMaximum Medical Improvement
References
6
Case No. 2023 NY Slip Op 05294 [220 AD3d 1078]
Regular Panel Decision
Oct 19, 2023

Matter of Bonnie FF. (Marie VV.)

This case concerns an appeal from Family Court orders that adjudicated Bonnie FF. and other children as neglected. The Commissioner of Social Services of Chemung County initiated the proceeding against Marie VV. (mother) and Harold W. (father), alleging excessive corporal punishment, exposure to pornography and sexual acts, and domestic violence. The Family Court found the children neglected, a decision challenged by the parents on appeal. The Appellate Division, Third Department, affirmed the Family Court's findings of neglect, concluding they were supported by a sound and substantial basis in the record. However, the court reversed one order and remitted the matter to Family Court to remove references to testimony that had not been admitted into evidence.

NeglectChild ProtectionFamily LawChild AbuseCorporal PunishmentDomestic ViolenceAppellate ReviewFamily Court ActCredibilityEvidence
References
14
Case No. 533657
Regular Panel Decision
Feb 03, 2022

In the Matter of the Claim of Mary Lou Simmons

Claimant Mary Lou Simmons sustained a work-related back and right leg injury in 2005, resulting in a 25% permanent partial disability in 2013. She stopped working in 2017 due to chronic pain and was granted a reduced earnings award. Following a lumbar laminectomy in 2018, her condition was assessed by her treating physician, Douglas Petroski, who opined she reached maximum medical improvement and was capable of light work. The Workers' Compensation Board reduced a Workers' Compensation Law Judge's finding of a 50% loss of wage-earning capacity to 25% and rescinded counsel fees. The Appellate Division affirmed the 25% loss of wage-earning capacity, finding it supported by substantial evidence. However, it reversed the rescission of counsel fees, deeming it arbitrary and capricious, and remitted the matter for further consideration of the fee application.

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityCounsel FeesMedical ImprovementLumbar LaminectomyReduced Earnings AwardBoard DiscretionArbitrary and CapriciousRemittal
References
11
Case No. 2025 NY Slip Op 04658 [241 AD3d 701]
Regular Panel Decision
Aug 13, 2025

Niemotko v. Mount St. Mary Coll.

The plaintiffs, Tracey Niemotko, Moira Tolan, and Ilona McGuiness, commenced an action against Mount Saint Mary College, David Kennett, Jason Adsit, and Michael Olivette, alleging employment discrimination on the basis of gender, constructive discharge, and unlawful retaliation under the New York State Human Rights Law. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint. On appeal, the Appellate Division, Second Department, affirmed the order. The court found that the defendants offered legitimate, nondiscriminatory reasons for their actions, and the plaintiffs failed to raise a triable issue of fact regarding pretext, hostile work environment, or constructive discharge.

Employment DiscriminationGender DiscriminationUnlawful RetaliationHostile Work EnvironmentConstructive DischargeSummary JudgmentNew York State Human Rights LawAppellate DecisionAdverse Employment ActionPretext
References
15
Case No. MISSING
Regular Panel Decision

Poracki v. St. Mary's Roman Catholic Church

An employee of Nicholson & Galloway, a general contractor, fell through a scaffold opening while performing restoration work on St. Mary's Roman Catholic Church, sustaining injuries. The plaintiff initiated actions against St. Mary's, Colgate Scaffolding Corp., and ABC Construction Contracting, alleging violations of Labor Law and common-law negligence. After consolidation, the Supreme Court granted summary judgment to the plaintiff on the Labor Law § 240(1) claim against St. Mary's and dismissed claims against ABC, denying St. Mary's indemnification cross-motion against ABC. On appeal, the court modified the lower court's order. It affirmed the Labor Law § 240(1) liability against St. Mary's and the dismissal of the Labor Law § 200 claim against ABC. However, the appellate court reinstated the common-law negligence claim against ABC and, consequently, the third-party claims for indemnification and contribution by St. Mary's against ABC, finding triable issues of fact regarding ABC's role in creating the hazardous scaffold opening.

Labor LawScaffold AccidentConstruction SafetySummary JudgmentCommon-Law NegligenceIndemnificationContributionSubcontractor LiabilityOwner DutyGeneral Contractor Duty
References
20
Case No. MISSING
Regular Panel Decision

Bullard v. St. Mary's Hospital

Claimant, a secretary at St. Mary's Hospital, developed rheumatoid arthritis, resulting in a permanent partial disability. The Workers' Compensation Board ruled it an occupational disease and awarded compensation. Liability was apportioned among three employers: Rochester Savings Bank, Woodward Health Center, and St. Mary's Hospital. The Special Disability Fund (SDF) was deemed liable for benefits after the initial 104-week disability period. SDF appealed, contending its reimbursement should be limited to St. Mary's Hospital's one-third share. The court affirmed the Board's decision, holding that Workers' Compensation Law § 44 makes the last employer (St. Mary's) responsible for total compensation, and Workers' Compensation Law § 15 (8) (d) requires SDF to fully reimburse the employer's carrier, Sedgwick James, for benefits paid after 104 weeks.

Occupational DiseaseRheumatoid ArthritisPermanent Partial DisabilityApportionmentSpecial Disability FundReimbursementWorkers' Compensation LawLast Employer LiabilityInsurance CarrierWorkers' Compensation Board
References
0
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