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

Case No. 2025 NY Slip Op 06564
Regular Panel Decision
Nov 26, 2025

Matter of Raivyn BB. (Courtney BB.)

This case concerns appeals from Family Court orders adjudicating Raivyn BB. a neglected child due to alleged parental drug use by mother Courtney BB. and father Kip AA. The child tested positive for methamphetamines after birth, prompting neglect petitions. The Appellate Division reversed the neglect findings against both parents. The court found that the evidence did not establish a direct causal link between the mother's methamphetamine use and the child's impairment, noting potential withdrawal symptoms from prescribed Subutex. Furthermore, the father's conduct, including hostility or refusal to sign a birth certificate, was not deemed to constitute neglect, and no evidence showed his knowledge of the mother's drug use. Consequently, the petitions were dismissed.

Neglected ChildParental Drug UseChild ToxicologyMethamphetamineSubutexFamily Court Act Article 10Appellate ReviewCausative ConnectionImpairment of ChildMinimum Degree of Care
References
15
Case No. MISSING
Regular Panel Decision

United States v. Caballero

Saul Caballero, who pleaded guilty to two drug conspiracies (heroin and methamphetamine distribution), objected to an aggravating role enhancement under the Sentencing Guidelines, arguing it would increase his mandatory-minimum sentence and thus require a jury finding beyond a reasonable doubt as per Alleyne v. United States. Following a two-day Fatico hearing, the District Court concluded that the government proved by a preponderance of the evidence that Caballero was a manager or supervisor of the heroin distribution conspiracy, but not the crystal methamphetamine conspiracy. The Court also rejected Caballero's argument that Alleyne mandates a jury to determine safety-valve eligibility, affirming that judicial fact-finding by a preponderance of the evidence for safety-valve criteria is constitutionally permissible as it potentially lessens, rather than increases, the mandatory minimum sentence. Therefore, the defendant's motion for a jury determination was denied.

Sentencing GuidelinesAggravating Role EnhancementMandatory Minimum SentenceSafety Valve EligibilityDrug ConspiracyHeroin DistributionMethamphetamine DistributionPreponderance of EvidenceJury DeterminationConstitutional Law
References
24
Case No. ADJ10435480
Regular
May 17, 2017

BRUCE MOORE vs. JEMICO, LLC, LIBERTY MUTUAL FIRE INSURANCE CO.

The Appeals Board granted reconsideration of a WCJ's award finding applicant sustained industrial injuries, not to decide the merits, but to issue a Notice of Intention to Impose Sanctions. Defendants' Petition for Reconsideration was found to be skeletal, lacking specific record references and relying on unsubstantiated claims, including a Wikipedia search. The Board also noted the defendants' failure to exercise due diligence in developing the record regarding applicant's alleged methamphetamine use. Sanctions are contemplated against defendants and their attorney for bad-faith actions and tactics.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsReasonable ExpensesLabor Code § 5813WCAB Rule 10561Findings and AwardAdministrative Law JudgeTemporary Total DisabilitySelf-Procured Medical Expenses
References
8
Case No. 2017 NY Slip Op 08418 [155 AD3d 1466]
Regular Panel Decision
Nov 30, 2017

Matter of Natalee M. (Nathan M.)

The Broome County Department of Social Services initiated a neglect proceeding against Nathan M. (father) and Susan N. (mother) concerning their child, Natalee M. The mother tested positive for methamphetamine at birth and denied her pregnancy, failing to secure prenatal care and medical consent. Both parents were found to have failed in providing a safe home environment, as their residence was undergoing extensive renovations. Family Court adjudicated the child neglected by both parents. The Appellate Division, Third Department, affirmed the neglect findings against both parents and dismissed the mother's appeal from the dispositional order, noting her consent to its terms.

Child NeglectParental NeglectFamily Court Act Article 10Drug AbuseUnsuitable Home EnvironmentParental ResponsibilitiesPreponderance of EvidenceAppellate DivisionAffirmation of NeglectDismissed Appeal
References
12
Case No. ADJ7700512
Regular
Jan 27, 2017

John E. Skaff vs. CITY OF STOCKTON

The Workers' Compensation Appeals Board granted reconsideration of a decision denying a police officer's claim for prostate cancer. The applicant sought an adverse inference against the City of Stockton for failing to produce Hazard Awareness Recognition Program (HARP) forms allegedly detailing chemical exposures during methamphetamine lab investigations. The Board rescinded the prior decision, returning the case for further development of the record. This is to determine whether the City had a duty to retain and produce the HARP forms, and if the applicant exercised reasonable diligence in seeking them. The Board will then allow the WCJ to decide if an adverse inference is warranted and issue a new decision.

Hazard Awareness Recognition ProgramHARP formsadverse inferenceindustrial causationprostate cancerchemical exposuremethamphetamine labspolice officerQualified Medical ExaminerDr. Juan Cesar Larach
References
1
Case No. 2019 NY Slip Op 04250 [172 AD3d 1851]
Regular Panel Decision
May 30, 2019

Matter of Stone v. Saulsbury/Federal Signal

Claimant Robert Stone, who suffered a work-related back injury in 2002 and was classified with a permanent partial disability, had his workers' compensation benefits suspended in 2016 following his incarceration for unlawful manufacture of methamphetamine. Upon his release in 2017, the workers' compensation carrier raised the issue of a Workers' Compensation Law § 114-a violation, alleging false statements or work performed while receiving benefits. Both the Workers' Compensation Law Judge and the Workers' Compensation Board found insufficient evidence to establish any work activity or false statements. The employer and its carrier appealed, arguing that claimant's criminal conduct constituted "work" under WCL § 114-a and challenging the Board's credibility determinations regarding hearsay testimony. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant did not violate Workers' Compensation Law § 114-a, as the elements of the crime did not require work to be performed, and the Board, as the sole arbiter of credibility, was free to disregard uncredited testimony.

Workers' Compensation FraudPermanent Partial DisabilityMethamphetamine ConvictionBenefit SuspensionBenefit ReinstatementWorkers' Compensation Law § 114-aSubstantial Evidence ReviewWitness CredibilityAppellate AffirmationCriminal Conduct and Benefits
References
4
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