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Case Law Database

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

Case No. 2018 NY Slip Op 05905

Regular Panel Decision

Aug 23, 2018

Cuevas v. Baruti Constr. Corp.

The Appellate Division, First Department, affirmed two orders from the Supreme Court, Bronx County, relating to a construction accident case. Plaintiff Gidar Manuel Cuevas was injured while attempting to lower a heavy roof cutting machine from a building's roof without adequate safety devices, specifically a hoist. The Supreme Court had granted Cuevas partial summary judgment on his Labor Law § 240 (1) claim and quashed a nonparty subpoena. Defendant Baruti Construction Corp. appealed, citing a coworker's affidavit, but the Appellate Division found the coworker's statements consistent and the accident clearly related to an elevation risk, thus upholding the lower court's decisions.

Construction AccidentLabor LawSummary JudgmentElevation-Related RiskSafety DevicesAppellate ReviewWitness TestimonyAffidavit ConsistencyProximate CauseSubpoena Quash

References

Case No. 2020 NY Slip Op 07049 [188 AD3d 1182]

Regular Panel Decision

Nov 25, 2020

Matter of Treyvone A. (Manuel R.)

This case involves an appeal by Manuel R. from an order of disposition of the Family Court, Kings County, which found that he neglected the subject child, Treyvone A. The order placed the child in the custody of the Commissioner of Social Services of the City of New York. The Appellate Division, Second Department, agreed with the Family Court's finding that Manuel R. neglected the child by failing to provide adequate food and clothing. However, the Appellate Division disagreed with the Family Court's finding that Manuel R. neglected the child by using excessive corporal punishment, stating that the child's out-of-court statements lacked sufficient corroboration. Consequently, the order of disposition was modified by deleting the provision finding excessive corporal punishment, and as so modified, affirmed.

Child NeglectFamily Court ActAppellate ReviewCorporal PunishmentEvidentiary StandardsCorroboration RequirementDue ProcessEffective Assistance of CounselVacatur of OrderCPLR 5015

References

Case No. 2020 NY Slip Op 00977 [180 AD3d 466]

Regular Panel Decision

Feb 11, 2020

People v. Cueva

The Appellate Division, First Department, affirmed the judgment convicting defendant Wilmer Cueva of criminally negligent homicide and reckless endangerment. Cueva, a construction foreman, was found to have personally ordered unsafe actions resulting in a fatal trench collapse. The court rejected the defendant's unpreserved legal insufficiency claim and found the verdict supported by overwhelming evidence. Furthermore, the court found no error in the jury instructions, the admission of gruesome autopsy photos, or the denial of defendant's motion to suppress his statements.

criminally negligent homicidereckless endangermenttrench collapse fatalityconstruction safety violationsforeman liabilityappellate affirmationsufficiency of evidencejury instruction reviewautopsy photo admissibilitysuppression motion

References

Case No. 2016 NY Slip Op 00603 [135 AD3d 660]

Regular Panel Decision

Jan 28, 2016

Matter of Nataysha O. (Manuel O.)

The Family Court, Bronx County, initially dismissed petitions alleging neglect against respondent Manuel O. for inflicting excessive corporal punishment on one child and derivatively neglecting two others. The Appellate Division, First Department, unanimously reversed this decision. The court found, based on a preponderance of evidence including the child's statements and a photograph, that respondent intentionally burned his nearly four-year-old daughter with a cigarette. The respondent's testimony of an accidental injury was rejected as improbable. Consequently, the Appellate Division entered findings of neglect and derivative neglect against the respondent and remanded the case to the Family Court for a dispositional hearing.

NeglectCorporal PunishmentChild AbuseFamily LawAppellate ProcedureEvidenceCredibilityDerivative NeglectIntentional InjuryCigarette Burn

References

Case No. ADJ9001538

Regular

Sep 14, 2018

, PEDRO MONTELONGO vs. MC ROOFING CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a WCJ's decision denying sanctions and attorneys' fees against defendants MC Roofing Corporation and its insurer, SCIF. The applicant alleged bad faith conduct by MC Roofing's owner, Manuel Cuevas, and sought sanctions against him and SCIF, as well as attorney's fees from retroactive temporary total disability benefits. The Appeals Board granted reconsideration to further investigate whether Cuevas is a defendant, whether his alleged misconduct can be imputed to MC Roofing, and if sanctions are appropriate. The matter is returned to the trial level for further proceedings on the issue of sanctions against Cuevas.

Workers' Compensation Appeals BoardPedro MontelongoMC Roofing CorporationState Compensation Insurance FundPetition for ReconsiderationSupplemental Findings of FactSanctionsLabor Code Section 5813Bad Faith ConductAttorney Fees

References

Case No. ADJ8876167

Regular

Sep 18, 2015

Manuel Ruiz vs. Schwan's Home Services, Inc., Hartford Insurance Company

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the Administrative Law Judge's (ALJ) decision. The defendant argued the ALJ erred by admitting a Qualified Medical Evaluator's (QME) reports and by ordering a second QME panel in internal medicine. The Board found no substantial prejudice or irreparable harm to warrant removal, agreeing with the ALJ that the QME substantially complied with reporting deadlines and that an internal medicine evaluation was warranted due to the applicant's alleged stroke. Therefore, removal was deemed an inappropriate and extraordinary remedy.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationQualified Medical EvaluatorQME panelpsychology

References

Case No. 532221

Regular Panel Decision

Nov 18, 2021

In the Matter of the Claim of Manuel Ortiz

Manuel Ortiz appealed a Workers' Compensation Board decision that found he violated Workers' Compensation Law § 114-a. Ortiz, injured in 2009 and again in 2013, failed to disclose his prior injuries on forms and to medical examiners concerning his 2013 claim. The Board imposed mandatory and discretionary penalties, including disqualification from future indemnity benefits, which Ortiz challenged as disproportionate. The Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that the finding of knowing material omissions was supported by substantial evidence and the penalty was not disproportionate given the repeated nature of the misrepresentations.

Workers' Compensation Law § 114-aFraudulent misrepresentationDisclosure violationIndemnity benefits disqualificationAppellate reviewSubstantial evidenceCredibility determinationPrior work-related injuryMaterial fact omissionDiscretionary penalty

References

Case No. MISSING

Regular Panel Decision

Batista v. Chater

Plaintiff Manuel Batista challenged a final determination by the Commissioner of Social Security, which denied his applications for disability insurance benefits and Supplemental Security Income due to disability. District Judge Sotomayor denied both parties' motions for judgment on the pleadings, remanding the case for reconsideration. The court found that the Administrative Law Judge (ALJ) failed in several respects, including not fully developing the plaintiff's psychiatric record, misinterpreting medical expert testimony regarding psychiatric impairments, and failing to obtain complete medical histories from treating physicians. The decision emphasized the ALJ's heightened duty to develop the record for pro se claimants and the improper application of Medical-Vocational Guidelines when significant nonexertional impairments exist. Consequently, the case is remanded to the Commissioner for reconsideration consistent with this Opinion and Order.

Disability BenefitsSupplemental Security Income (SSI)Social Security ActAdministrative Law JudgeJudicial ReviewRemandPsychiatric ImpairmentDepressionAnxietyMedical Record Development

References

Case No. ADJ3305523 (ANA 0402420)

Regular

May 05, 2011

MANUEL ALCANTAR vs. ELIZABETH SYTTERS, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration in case ADJ3305523. The petitioner, Manuel Alcantar, withdrew his petition concerning the March 28, 2011 decision. This withdrawal effectively terminates the reconsideration process for that decision.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsOrderDecisionService by Mail

References

Case No. ADJ4004427 (ANA 0408991)

Regular

Mar 07, 2013

MANUEL MEJIA vs. NATIONAL STEEL & SHIPBUILDING COMPANY (NASSCO)

The Workers' Compensation Appeals Board dismissed Manuel Mejia's Petition for Reconsideration against National Steel & Shipbuilding Company (NASSCO). The dismissal was based on the petition being untimely and unverified, as detailed in the WCJ's Report and Recommendation. The Board adopted the WCJ's reasoning and would have denied the petition on its merits if it had been properly filed. The WCJ will address sanctions on remand.

Petition for ReconsiderationUntimelyUnverifiedSanctionsRemandWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedNational Steel & Shipbuilding CompanyNASSCO

References

Showing 1-10 of 150 results

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Updated Daily

Case Law Database

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

Case No. 2018 NY Slip Op 05905

Regular Panel Decision

Aug 23, 2018

Cuevas v. Baruti Constr. Corp.

Construction AccidentLabor LawSummary JudgmentElevation-Related RiskSafety DevicesAppellate ReviewWitness TestimonyAffidavit ConsistencyProximate CauseSubpoena Quash

References

Case No. 2020 NY Slip Op 07049 [188 AD3d 1182]

Regular Panel Decision

Nov 25, 2020

Matter of Treyvone A. (Manuel R.)

Child NeglectFamily Court ActAppellate ReviewCorporal PunishmentEvidentiary StandardsCorroboration RequirementDue ProcessEffective Assistance of CounselVacatur of OrderCPLR 5015

References

Case No. 2020 NY Slip Op 00977 [180 AD3d 466]

Regular Panel Decision

Feb 11, 2020

People v. Cueva

References

Case No. 2016 NY Slip Op 00603 [135 AD3d 660]

Regular Panel Decision

Jan 28, 2016

Matter of Nataysha O. (Manuel O.)

NeglectCorporal PunishmentChild AbuseFamily LawAppellate ProcedureEvidenceCredibilityDerivative NeglectIntentional InjuryCigarette Burn

References

Case No. ADJ9001538

Regular

Sep 14, 2018

, PEDRO MONTELONGO vs. MC ROOFING CORPORATION, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ8876167

Regular

Sep 18, 2015

Manuel Ruiz vs. Schwan's Home Services, Inc., Hartford Insurance Company

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationQualified Medical EvaluatorQME panelpsychology

References

Case No. 532221

Regular Panel Decision

Nov 18, 2021

In the Matter of the Claim of Manuel Ortiz

References

Case No. MISSING

Regular Panel Decision

Batista v. Chater

Disability BenefitsSupplemental Security Income (SSI)Social Security ActAdministrative Law JudgeJudicial ReviewRemandPsychiatric ImpairmentDepressionAnxietyMedical Record Development

References

Case No. ADJ3305523 (ANA 0402420)

Regular

May 05, 2011

MANUEL ALCANTAR vs. ELIZABETH SYTTERS, SPECIALTY RISK SERVICES

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsOrderDecisionService by Mail

References

Case No. ADJ4004427 (ANA 0408991)

Regular

Mar 07, 2013

MANUEL MEJIA vs. NATIONAL STEEL & SHIPBUILDING COMPANY (NASSCO)

Petition for ReconsiderationUntimelyUnverifiedSanctionsRemandWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedNational Steel & Shipbuilding CompanyNASSCO

References

Showing 1-10 of 150 results

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