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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 04673 [241 AD3d 726]
Regular Panel Decision
Aug 13, 2025

Shujing Yu v. Mask Pot, Inc.

In this putative class action, Shujing Yu sought unpaid overtime wages from Mask Pot, Inc., BK Spice World, Inc., and several individuals, alleging they operated as joint employers and a single enterprise. The Supreme Court, Queens County, denied the defendants' motion to dismiss the amended complaint, finding sufficient allegations that BK Spice, Hui Fang, and Wei Zhao were employers under the Fair Labor Standards Act and Labor Law. The Appellate Division, Second Department, affirmed this decision, holding that the complaint adequately pleaded both functional control and a single integrated enterprise under the economic reality test.

Overtime WagesFair Labor Standards ActLabor LawJoint EmployersEconomic Reality TestSingle EnterpriseAppellate ReviewMotion to DismissSufficiency of PleadingFunctional Control
References
38
Case No. MISSING
Regular Panel Decision

Matter of Spence v. Shah

In this appeal, petitioners, including the Public Employees Federation and four registered nurses, challenged regulations by the New York Department of Health (DOH) mandating that unvaccinated healthcare personnel wear masks during influenza season. They contended that DOH acted arbitrarily, exceeded its authority, and violated the separation of powers doctrine. The appellate court affirmed the lower court's dismissal of the petition, finding that DOH acted within its broad delegated authority to preserve public health. The court determined that the regulations were supported by scientific evidence and were neither arbitrary nor irrational, thus upholding the mask-wearing requirement. The judgment was modified to partially convert the matter to a declaratory judgment action.

Public Health RegulationsMandatory MaskingHealthcare Worker VaccinationAdministrative Law ChallengeDelegation of PowerSeparation of Powers DoctrineArbitrary and Capricious ReviewCPLR Article 78Declaratory JudgmentInfluenza Prevention
References
15
Case No. MISSING
Regular Panel Decision

Matter of New York State Correctional Officers and Police Benevolent Association, Inc. v. New York State Office of Mental Health

Petitioners, the New York State Correctional Officers and Police Benevolent Association, Inc. (NYSCOPBA) and Richard McPhillips, challenged an emergency regulation by the Office of Mental Health (OMH) that mandated unvaccinated personnel in psychiatric facilities wear face masks during influenza season, arguing it was arbitrary and capricious. The Supreme Court dismissed their application, leading to this appeal. The Appellate Division determined the case was not moot, as the subsequently adopted permanent regulation presented the same alleged infirmities. On the merits, the court upheld the regulation, granting OMH significant judicial deference due to its expertise. OMH's decision was based on Department of Health expertise, its own assessment of patient vulnerability, and the efficacy of masks. The court found that OMH adequately addressed concerns regarding communication and role modeling, and reasonably justified exemptions for visitors and attorneys. The judgment dismissing the petition was affirmed.

RegulationsPublic HealthMandatory MasksInfluenzaPsychiatric FacilitiesWorkers' RightsAdministrative LawJudicial DeferenceMootnessCPLR Article 78
References
9
Case No. MISSING
Regular Panel Decision

People v. Aboaf

This case involves multiple defendants charged with violating Penal Law § 240.35 (4) for being masked in a public place with others similarly disguised during a May Day demonstration in Union Square Park. The defendants, including Daniel S. Chard, Christopher Teret, Darren Kramer, and Dennis Burke, faced additional charges such as resisting arrest, possession of burglar's tools, and possession of a graffiti instrument. They filed a collective omnibus motion to dismiss the information, arguing that Penal Law § 240.35 (4) violates their First Amendment rights to free association and is unconstitutionally vague and overbroad. The court denied the defendants' claims, finding they did not establish a nexus between compelled disclosure and harassment, and held the statute was not unconstitutionally vague or overbroad, especially when construed to prohibit masks for no legitimate purpose. Consequently, the court denied both the motions to dismiss the information and to suppress the recovered tangible property.

First AmendmentFreedom of AssociationFreedom of SpeechLoiteringAnti-mask LawVagueness ChallengeOverbreadth ChallengePenal Law § 240.35 (4)Public DemonstrationAnarchists
References
26
Case No. SAL 0113698
Regular
Jul 06, 2007

Antonio Ruiz vs. Avalon Structural, ACE Insurance Company

The Workers' Compensation Appeals Board granted reconsideration and reversed the finding that applicant Antonio Ruiz's injury did not arise out of employment. The Board found that applicant's deviation from his commute to obtain necessary safety masks for his job met the "special mission" exception to the going and coming rule. Consequently, the injury sustained during this deviation is deemed to have occurred within the course of employment.

Workers Compensation Appeals BoardSpecial Mission ExceptionGoing and Coming RuleIndustrial InjuryCourse of EmploymentEmployer BenefitImplied ConsentSafety EquipmentMasksMaterials
References
10
Case No. ADJ13511723
Regular
Mar 29, 2023

SOFIA SEVILLANO vs. STATE OF CALIFORNIA, IHSS, LEGALLY UNINSURED, ADMINISTERED BY YORK RISK SERVICES GROUP, A SEDGWICK COMPANY

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding a prior decision that found COVID-19 related illness to be industrially caused. The Board found the employer failed to rebut the statutory presumption of industrial causation under Labor Code section 3212.86 with sufficient "other evidence." Arguments regarding mask use, lack of proof of employer infection, and alleged roommate illness were deemed insufficient to overcome the presumption.

Labor Code 3212.86presumption of industrial causationCOVID-19 illnessrebuttal burdenaffirmative burden of proofnon-occupational risksclose interpersonal contactSan Antonio Regional Hospitalcredibility determinationsADJ13511723
References
7
Case No. ADJ972426 (ANA 0405051)
Regular
Jan 14, 2010

DONALD STOW vs. SANTA ANA POLICE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration of a prior award that found the employer liable for serious and willful misconduct. The Board rescinded the award, finding the applicant's failure to wear provided safety goggles was the proximate cause of his eye injury during a training exercise. While the employer's provision of goggles instead of a full face mask may have been negligent, it did not rise to the level of serious and willful misconduct as defined by law. Therefore, the applicant was not entitled to the 50% compensation increase.

Workers Compensation Appeals BoardDonald StowSanta Ana Police Departmentserious and willful misconductLabor Code section 4553industrial injuryright eyepolice officertraining exercisesimunition
References
5
Case No. ADJ10403328
Regular
Jun 18, 2019

MAURILIO GONZALEZ vs. LKQ CORPORATION DBA PART; ACE AMERICAN INSURANCE, DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior finding denying applicant's claim for a respiratory injury. The Board found the Qualified Medical Evaluator's opinion insufficient to establish lack of causation, as it failed to adequately address applicant's work exposures to fumes and dust from dismantling vehicles. The Board remanded the case for further development of the record regarding the extent of applicant's occupational exposures, particularly when not provided a mask. Fraud allegations regarding the defendant's delay in medical authorization were not addressed as they were not properly raised in the trial record.

Cumulative traumaRespiratory systemIndustrial injuryCatalytic convertersToxic fumesOccupational exposuresSubstantial medical evidenceQME opinionFraudulent delayCausation
References
0
Case No. ADJ8897698
Regular
Feb 19, 2015

MICHAEL GIBSON vs. ORANGE COUNTY TRANSIT AUTHORITY

In this workers' compensation case, the Appeals Board granted reconsideration and reversed the initial denial of the applicant's appeal concerning tinnitus masking treatment. The Board found that the Administrative Director's (AD) Independent Medical Review (IMR) determination was invalid because the reviewer failed to follow the statutorily mandated hierarchy of standards for assessing medical necessity. Specifically, the IMR reviewer improperly relied on Medicare guidelines without first considering peer-reviewed scientific and medical evidence, as required by Labor Code section 4610.5(c)(2). Consequently, the case was remanded to the AD for a new IMR by a different reviewer.

Independent Medical ReviewLabor Code section 4610.6(h)Tinnitus masking treatmentMedical necessityPlainly erroneous finding of factOrdinary knowledgeExpert opinionAdministrative DirectorUtilization ReviewSection 4610.5(c)(2) hierarchy
References
0
Case No. MISSING
Regular Panel Decision

Gaspar v. Pace University

An injured plaintiff, working as an asbestos handler, fell from a ladder after his face mask caught on a ceiling cable while replacing light bulbs at a building owned by Dormitory Authority of the State of New York and leased by Pace University. He and his wife sued, alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court denied the plaintiffs' motion for summary judgment on liability and granted the defendants' cross-motion to dismiss these claims. The court found that the ladder was not defective and the plaintiff's fall was due to loss of balance, not a safety device failure. Additionally, Industrial Code (12 NYCRR) § 23-1.7 (e) (2) was deemed inapplicable as the incident did not involve a trip or cut from floor hazards.

Ladder fallConstruction accidentAsbestos removalLabor Law Section 240(1)Labor Law Section 241(6)Summary judgmentWorkplace safetyPersonal injuryPremises liabilityAppellate review
References
13
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