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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

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. MISSING
Regular Panel Decision

Isereau v. Brushton-Moira School District

This case concerns consolidated appeals from Supreme Court orders granting petitioners Darrell Isereau and Jason K. Houghton leave to file late notices of claim against Brushton-Moira School District. The petitioners, employees of Bette & Cring, LLC, were injured in a construction accident in August 2002, sustaining falls of approximately 15 feet. They sought to file late notices of claim based on alleged incapacitation and the District's actual knowledge of the accident. The respondent District argued prejudice due to late notice and a subsequent insurance disclaimer. The Appellate Division affirmed the Supreme Court's orders, finding no abuse of discretion as the District had actual notice of the essential facts, and the insurance disclaimer was attributed to the District Superintendent's failure, not the petitioners' delay.

Late Notice of ClaimGeneral Municipal LawLabor Law ViolationsPersonal InjurySchool District LiabilityConstruction AccidentFall AccidentActual KnowledgePrejudiceInsurance Disclaimer
References
5
Case No. ADJ6617605
Regular
Nov 07, 2011

ALFONSO ALCARAZ vs. HRONIS, INC., ZENITH INSURANCE COMPANY

This case involved a Workers' Compensation Appeals Board decision where sanctions were imposed on two lien claimants, K. Rad Payman, M.D., and Silver Orthopedic Center. These sanctions, totaling $250 each, were levied because the lien claimants failed to respond to a Notice of Intention to Impose Sanctions issued on September 13, 2011. The Board adopted and incorporated the reasoning from that prior notice into its current order. The sanctions are payable to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardDismissing PetitionsReconsiderationGranting RemovalNotice of Intention to Impose SanctionsLien ClaimantsK. Rad Payman M.D.Silver Orthopedic CenterSanctions$250.00
References
0
Case No. MISSING
Regular Panel Decision

Claim of Miller v. North Shore University Hospital

Claimant, a registered nurse, allegedly exacerbated an abdominal injury in September 1994 while at work, but did not file a workers' compensation claim until May 1996, after undergoing surgery. The workers' compensation carrier subsequently controverted the claim, citing untimely notice. Both a Workers' Compensation Law Judge and the Workers' Compensation Board determined that the claimant failed to provide timely notice to the employer as mandated by Workers’ Compensation Law § 18. On appeal, the court affirmed the Board's decision, concluding that the emergency room report was insufficient to constitute proper notice. Furthermore, the claimant did not meet his burden of proving that the employer was not prejudiced by the delay in notice, as the delay prevented an investigation prior to his surgery.

Timely NoticeEmployer KnowledgePrejudiceAbdominal InjuryRegistered NurseAccident ReportEmergency RoomSurgeryAppellate ReviewWorkers' Compensation Law § 18
References
5
Case No. ADJ7144166
Regular

PAULINA CORTEZ vs. KOOSHAREM CORP. dba SELECT STAFFING, ACE AMERICAN RISK COMPANY, C/O ESIS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding it was not a final order. The WCAB granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its representatives. This action stems from the lien claimant's failure to appear at a properly noticed conference, misrepresentations regarding notice, and violations of procedural rules, constituting bad-faith tactics. Sanctions of $1,000 are proposed jointly and severally against the lien claimant and its representatives for these violations.

Labor Code 5813Rule 10561Petition for ReconsiderationNotice of Intention to DismissRemovalSanctionsBad Faith ActionsFrivolous TacticsLien ClaimantUnnecessary Delay
References
0
Case No. MISSING
Regular Panel Decision

McDonald-Besheme v. Verizon Wireless, Inc.

Claimant, an operations specialist, was injured in a fall in March 2003 and subsequently filed a claim for workers’ compensation benefits. The employer failed to file a notice of controversy within the 25-day statutory period after receiving the notice of indexing on August 1, 2003. A Workers’ Compensation Law Judge found the employer's notice untimely, precluding the employer from contesting the employer-employee relationship or that the injury arose out of employment. The Workers’ Compensation Board upheld this determination, as the employer did not demonstrate good cause for the delay. The employer appealed, but the court affirmed the Board’s decision.

Late Notice of ControversyEmployer LiabilityTimeliness of FilingAppeal DecisionAdministrative ReviewStatutory ComplianceDiscretionary PowersAbsence of Good CausePreclusion of DefenseWorkplace Injury Claim
References
4
Case No. MISSING
Regular Panel Decision

Shabazz v. State

The claimant's application, specifically a "Notice of Appeal to Perfect," was denied. Cross-motions to dismiss this application were granted without costs. The court cited a lack of subject matter jurisdiction regarding the claimant’s request for money damages as one ground for dismissal. Additionally, it was noted that the claimant did not appear to have filed a timely appeal from the Workers’ Compensation Board decisions. This decision was made with reference to Workers’ Compensation Law § 23.

JurisdictionMoney DamagesTimelinessAppealWorkers' CompensationDismissalNotice of Appeal
References
0
Case No. MISSING
Regular Panel Decision
Sep 27, 1990

Bruce Coopersmith v. County of Greene

Petitioner appealed the Supreme Court's denial of their application to serve a late notice of claim against the respondent, nearly a year after an accident. The appellate court noted that the respondent did not have actual notice of the claim until the motion was made. The petitioner's stated reasons for the delay, which included a belief that workers' compensation was the exclusive remedy and a lack of knowledge regarding the respondent's ownership of the premises, were deemed insufficient to excuse the delay. The Supreme Court's denial of the motion was affirmed, with the appellate court finding no abuse of discretion.

Late Notice of ClaimGeneral Municipal LawWorkers' CompensationAbuse of DiscretionAppellate ReviewMunicipal LiabilityTimelinessActual Notice
References
4
Case No. MISSING
Regular Panel Decision

In re the Claim of Fluman

The claimant, a sales representative, voluntarily resigned from his employment after co-workers informed him his base salary would transition to a draw against commissions. The Unemployment Insurance Appeal Board disqualified him from receiving benefits, finding he left without good cause, and this decision was appealed. The court rejected the claimant's argument regarding lack of notice for the employer's appeal, stating any procedural defect was remedied by the Board's reconsideration. The court affirmed the Board's decision, citing substantial evidence that the claimant failed to inquire with management about the alleged change in compensation. It concluded that dissatisfaction with wages does not constitute good cause for leaving employment.

Unemployment InsuranceVoluntary ResignationGood Cause for Leaving EmploymentWage DisputeProcedural DefectAdministrative Law JudgeAppeal Board DecisionJudicial ReviewCredibility DeterminationSales Representative
References
5
Case No. MISSING
Regular Panel Decision

Kennedy v. Oswego City School District

This case involves an appeal from an order denying the claimant's application for leave to serve a late notice of claim against the respondent, alleging violations of the Labor Law. The court affirmed the lower court's decision, finding that the claimant failed to establish that the respondent had actual knowledge of the claim's essential facts within the required 90-day period. Furthermore, the claimant's excuses for the delay, including unawareness of injury severity and issues with Freedom of Information Law (FOIL) responses, were deemed unreasonable. The court also concluded that the claimant did not demonstrate that the late notice would not substantially prejudice the respondent's ability to investigate and defend the claim, thus finding no abuse of discretion in the denial of the application.

Late notice of claimGeneral Municipal LawLabor Law violationsActual knowledgePrejudiceEquitable estoppelAppellate reviewJudicial discretionAccident reportFOIL requests
References
24
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