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

Case No. ADJ10164543
Regular
May 26, 2016

NICOLASA TEJADA vs. COTTAGE HEALTH SYSTEMS, SEDGWICK

The applicant, Nicolasa Tejada, sought reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the case. However, the applicant subsequently withdrew her Petition for Reconsideration. Therefore, the WCAB vacated its prior order granting reconsideration and dismissed the applicant's petition.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationAwardAdministrative Law JudgeVacatedDismissedOpinion and DecisionCottage Health SystemsSedgwick
References
0
Case No. 2019 NY Slip Op 00021
Regular Panel Decision
Jan 03, 2019

Ramirez v. Elias-Tejada

This consolidated appeal arises from a three-car collision on December 12, 2011, involving a stalled car carrying Fairway employees that was struck by two other vehicles. Plaintiffs, including Pilar Ramirez, Yedmy Batista Peralta, and Delio Polanco (on behalf of his deceased wife), sought damages. Key issues involved the application of the relation back doctrine to add Fairway entities as defendants, the assertion of a Workers' Compensation Law defense, and motions for summary judgment regarding negligence and serious injury. The Appellate Division reviewed several Supreme Court orders, resulting in a mixed decision that reversed in part, affirmed in part, modified in part, and granted in part.

Car accidentThree-car collisionRespondeat superiorWorkers' Compensation LawRelation back doctrineSummary judgmentVicarious liabilityStatute of limitationsPleading errorAmended complaint
References
11
Case No. 533269
Regular Panel Decision
Jan 12, 2023

In the Matter of the Claim of Hector Tejada Lopez

The claimant, a carpenter, filed for workers' compensation benefits after sustaining injuries from a fall while employed. Platoon Construction, Inc. (Platoon) was identified as the employer and failed to appear at scheduled hearings, leading the Workers' Compensation Law Judge to establish the claim. Platoon's subsequent request for a rehearing or reopening was denied by the Workers' Compensation Board. Platoon then sought reconsideration and/or full Board review, which was also denied. The Appellate Division affirmed the Board's denial of reconsideration, holding that the merits of the underlying decision were not reviewable and found no arbitrary or capricious action or abuse of discretion by the Board.

Workers' CompensationAppellate ReviewBoard DecisionReconsideration ApplicationEmployer-Employee DisputeIndependent Contractor ClaimProcedural DefaultAbuse of DiscretionJudicial AffirmationNew York Law
References
7
Case No. 2023 NY Slip Op 00132
Regular Panel Decision
Jan 12, 2023

Matter of Lopez v. Platoon Constr., Inc.

Hector R. Tejada Lopez, a carpenter, filed a claim for workers' compensation benefits after sustaining injuries from a fall while employed by Platoon Construction, Inc. Platoon Construction, Inc. failed to appear at scheduled hearings, resulting in the establishment of the claim and a finding that Platoon was the employer. Platoon's subsequent applications for a rehearing and then for reconsideration and/or full Board review were both denied by the Workers' Compensation Board. Platoon appealed the denial of reconsideration to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, concluding that the merits of the underlying December 2020 decision were not properly before them, and the Board's denial of reconsideration was neither arbitrary and capricious nor an abuse of discretion.

Appellate ReviewReconsideration ApplicationFull Board ReviewDenial of ApplicationEmployer LiabilityFailure to AppearIndependent Contractor StatusProcedural Due ProcessStatutory Appeal PeriodAbuse of Discretion Standard
References
8
Case No. MISSING
Regular Panel Decision

Tejada v. Littlecity Realty LLC

The plaintiffs allege housing discrimination based on race and national origin against Latino residents in rent-stabilized apartments in Sunset Park, Brooklyn, by defendants Adel and Linda Eskander and their companies. The defendants allegedly targeted Latino tenants, required proof of immigration status, brought frivolous eviction proceedings, and made threats, all in an effort to displace them. After tenants vacated, the apartments were allegedly illegally deregulated, and rents were increased for new, largely non-Latino Caucasian tenants. The court denied the defendants' motion to dismiss, finding sufficient allegations of a continuing discriminatory scheme from 2001 to 2017, including rent stabilization fraud, and ruled that the case would proceed to trial with a two-phase plan for injunctive relief and then trial for liability and damages.

Housing DiscriminationRent Stabilization LawNational Origin DiscriminationRace DiscriminationFair Housing ActMotion to DismissContinuing Violation DoctrineSupplemental JurisdictionFraudulent SchemeLandlord Harassment
References
31
Case No. ADJ11548913, ADJ11548920, ADJ11548921
Regular
Nov 13, 2020

SAMUEL ENRIQUE TEJADA CRUZ vs. COMMERCIAL CLEANING SYSTEMS, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration of a Joint Finding and Order that allowed reopening of previously dismissed claims. The Board found the original order addressed a threshold issue, making reconsideration appropriate rather than removal. Crucially, the Board determined the applicant was denied due process as the WCJ issued the order without a hearing or adequate development of the record. Therefore, the order was rescinded, and the matter was returned to the trial level for further proceedings, including a hearing on whether good cause exists to reopen.

WCABPetition for ReconsiderationPetition to ReopenDismissal without prejudiceGood CauseLabor Code Sections 580358045810Due ProcessThreshold Issue
References
15
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