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

Case No. MISSING
Regular Panel Decision
Jul 02, 1940

President & Directors of Manhattan Co. v. Janowitz

The court amended its previous decision from July 2, 1940, concerning the will of Julius Janowitz. The interlocutory decree was significantly modified by striking several original paragraphs and adding a new decretal paragraph. This new addition declared Article Third of Julius Janowitz's will as invalid, unlawful, and ineffective for transferring real and personal property to the plaintiff and its co-trustee. As thus modified, the interlocutory decree was affirmed, with costs awarded to the defendant-appellant Emma S. Janowitz against the plaintiff-respondent. Justice Johnston authored the opinion, with Justices Lazansky, Hagarty, and Carswell concurring, while Justice Close dissented.

Will ContestInterlocutory DecreeDecree ModificationProperty TransferEstate LawAppellate DecisionArticle InvalidityTrust AgreementCosts AwardedJudicial Opinion
References
1
Case No. MISSING
Regular Panel Decision
May 01, 1997

McCauley v. McCauley

The case concerns a motion by the defendant, a former husband, to modify his child support and maintenance obligations following the termination of his employment. Justice Vito C. Caruso, of the Supreme Court, Schenectady County, found that the defendant, despite losing his $41,000 per year research scientist position, had not made a diligent effort to find new employment. The court imputed an annual income of $25,000 to the defendant and, after careful consideration of the Child Support Standards Act and the Matter of Holmes v Holmes decision, determined that a $19 per week child support award would be unjust. Consequently, the court modified the maintenance obligation from $190 to $95 per week and set child support at $95 per week, with both parties sharing health care costs, to ensure the children's needs and standard of living were maintained. The defendant's motion was granted in part, resulting in a modification of the original September 23, 1994 divorce judgment.

Child Support ModificationMaintenance ModificationImputed IncomeJob Search DiligenceParental ObligationsDivorce JudgmentSchenectady CountyChild Support Standards ActStandard of LivingBest Interests of the Child
References
1
Case No. ADJ3766797 (AHM 0145349)
Regular
Nov 19, 2010

SILVERIO RUIZ vs. COVE FOURSLIDE AND STAMPING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to amend the original award, finding that the applicant is in need of further medical treatment for his industrial neck and back injury. While affirming other findings, including the denial of psychiatric injury and the original permanent disability rating, the Board did modify the award to include all reasonably required future medical treatment. The decision emphasizes that a single physician's opinion can constitute substantial evidence, even if inconsistent with other opinions.

Workers' Compensation Appeals BoardSilverio RuizCove Four-slide and StampingState Compensation Insurance FundADJ3766797Findings and AwardAdministrative Law Judge (WCJ)Machine OperatorQuality Control WorkerContinuous Trauma
References
3
Case No. MISSING
Regular Panel Decision
May 17, 2016

United States v. Nesbeth

Chevelle Nesbeth was convicted by a jury for importation of cocaine and possession with intent to distribute. Senior District Judge Block rendered a non-incarceratory sentence of one-year probation, with special conditions including six months' home confinement and 100 hours of community service. The judge wrote this opinion to emphasize the importance of considering the numerous statutory and regulatory collateral consequences facing Nesbeth as a convicted felon, such as restrictions on employment, housing, and voting. These consequences were extensively balanced against 18 U.S.C. § 3553(a) factors to determine a just punishment. The opinion advocates for legal counsel and the Probation Department to proactively address collateral consequences in all future pre-sentence reports and sentencing proceedings.

Collateral ConsequencesSentencing ReformCriminal JusticeProbationary SentenceDrug Trafficking OffensesFelony ConvictionJudicial DiscretionFederal Sentencing GuidelinesRehabilitationRecidivism
References
55
Case No. MISSING
Regular Panel Decision

Pizzo v. Barnhart

Plaintiff Kathleen Pizzo appealed the Commissioner of the Social Security Administration's final determination denying her disability insurance benefits. The District Court reviewed the ALJ's decision, which had assigned no weight to the treating physician's opinion and significant weight to a consulting physician's report. The court found that the ALJ erred by failing to give appropriate weight to the treating physician's opinion, not adequately developing the administrative record to obtain missing medical notes, and giving undue weight to the consulting physician's report which did not explicitly support the capacity for sedentary work. Consequently, the Commissioner's determination was remanded for further administrative proceedings consistent with the District Court's decision, granting the plaintiff's motion for judgment on the pleadings to the extent of the remand and denying the Commissioner's cross-motion.

Social Security ActDisability Insurance BenefitsAdministrative Law JudgeTreating Physician RuleResidual Functional CapacitySedentary WorkMedical EvidenceRemandSubstantial EvidenceRecord Development
References
23
Case No. ADJ7305392 ADJ7305398
Regular
Aug 15, 2016

FIDEL ESTRADA vs. TARGET, Permissibly Self-Insured, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The Board modified the temporary disability period from May 17, 2010, to May 20, 2013, based on medical opinions. However, the Board affirmed the original finding of 100% permanent disability, adopting the vocational expert's opinion that the applicant's loss of earning capacity was entirely industrial. The Board also found no substantial evidence supporting non-industrial apportionment for the permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardTemporary DisabilityPermanent DisabilityPermanent and Stationary DateQualified Medical ExaminerAgreed Medical ExaminerVocational ExpertLoss of Earning Capacity
References
0
Case No. MISSING
Regular Panel Decision

Long v. Forest-Fehlhaber

The dissenting opinion, authored by Staley, Jr., J., argues against the majority's conclusion that contributory negligence was not a defense to a violation of Labor Law § 241(6) at the time of the accident. The dissent contends that subdivision 6 imposes a duty of reasonable care, not absolute liability, and therefore, contributory negligence should be a valid defense. It reviews legislative history and prior case law, emphasizing that the pre-1969 statute, identical in terms of liability definition to present subdivision 6, allowed contributory negligence as a defense. The dissent also clarifies a previous gratuitous statement by the court regarding contributory negligence in Frattura v Cozzolino Constr. Corp. The final judgment was modified, reversing the dismissal of the plaintiff's cause of action under Labor Law § 241(6) and the third-party complaint, ordering a new trial on those matters, and affirming the judgment as modified.

Contributory NegligenceLabor LawAbsolute LiabilityDuty of Reasonable CareConstruction SafetyExcavation WorkDemolition WorkSafe Place to WorkStatutory InterpretationAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Formal Opinion No.

This opinion from the Chairman of the New York Workers' Compensation Board addresses the priority of income execution and income deduction orders, established by the 1985 Support Enforcement Act (CPLR §§ 5241, 5242), against other statutory deductions from workers' compensation awards. Historically, WCL § 33 provided broad exemptions for workers' compensation benefits. However, WCL §§ 206(2) and 25(4)(a) allow for reimbursement of disability insurers and employers for advance payments, respectively, and WCL § 24 establishes liens for attorneys' fees, traditionally enjoying highest priority. The 1985 Act amended WCL § 33 to make benefits subject to support enforcement and also stipulated that income executions and deduction orders take priority over other assignments, levies, or processes. The Board concluded that claims for attorneys' fees and reimbursements by disability insurance carriers and employers are to be deducted first from the workers' compensation award. The support enforcement remedies under CPLR §§ 5241 and 5242 then apply to the balance of the workers' compensation benefits paid to the employee. This approach ensures prompt payment to injured workers and prevents double payment issues.

Workers' CompensationSupport Enforcement ActIncome ExecutionIncome DeductionLien PriorityStatutory InterpretationDisability Benefits ReimbursementEmployer ReimbursementAttorneys' Fees PriorityCPLR 5241
References
9
Case No. MISSING
Regular Panel Decision

Malecki v. Wal-Mart Stores, Inc.

Paul E. Malecki, an ironworker, was injured when a 2,000-pound bundle of steel fell onto his foot. He filed claims under Labor Law §§ 240 (1), 200 (1), and common-law negligence against The Pike Company, Inc., the general contractor, and other defendants. The Supreme Court initially granted summary judgment dismissing the Labor Law § 240 (1) claim, but denied dismissal of the Labor Law § 200 (1) claim and common-law negligence cause of action. The court also denied conditional summary judgment on Pike’s common-law indemnification claim against Niagara Erecting but properly denied conditional summary judgment on Pike's contractual indemnification claim. The appeals court modified the order, affirming the dismissal of the Labor Law § 240 (1) claim, and further ruled that the Labor Law § 200 (1) claim and common-law negligence cause of action should also be dismissed, and conditional summary judgment for common-law indemnification against Niagara Erecting should have been granted to Pike. The order was modified accordingly and affirmed.

Ironworker InjuryForklift AccidentConstruction Site SafetyElevation RisksCommon-Law NegligenceIndemnification ClaimGeneral Contractor LiabilitySubcontractor NegligenceSummary JudgmentAppellate Review
References
12
Case No. MISSING
Regular Panel Decision

Oddy v. Oddy

This case involves an appeal from an order of the Family Court of Warren County that modified a prior joint custody order, granting the petitioner (mother) sole physical custody of the child and specifying visitation for the respondent (father). The respondent appealed, arguing that the Family Court abused its discretion by modifying custody without a showing of changed circumstances. The Appellate Division found sufficient changed circumstances, citing a significant breakdown in communication between the father and the child, which negatively impacted his ability to meet her emotional needs, and the child's consistent strong desire to reside with her mother. The court considered the opinions of the child's social worker and a court-appointed psychologist, both of whom supported the change in physical custody to enhance the child's emotional development. Consequently, the Family Court's order affirming the modification of the custody arrangement was affirmed.

Custody ModificationChild's Best InterestFamily Law AppealParental RightsPhysical CustodyJoint CustodyChanged CircumstancesChild PreferenceCommunication BreakdownMental Health Evaluation
References
5
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