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

Case No. ADJ12768897
Regular
Jun 16, 2025

LUCIANO GONZALEZ MENDOZA vs. CARROL AND STRONG BUILDERS, PEDRO PILLAR LOPEZ, SOUTHEAST PESONNEL LEASING COMPANY, STATE COMPENSATION INSURANCE FUND

Defendant PL Construction/Pedro Lopez sought reconsideration of a March 24, 2025 Findings and Order by a workers' compensation arbitrator that found them uninsured for an injury to Luciano Gonzalez Mendoza. The Appeals Board granted the petition for reconsideration, citing insufficient notice of case transmission to the parties and an incomplete arbitration record. The Board issued a Notice of Intention to rescind the arbitrator's decision and return the matter for further proceedings if a complete record is not filed within thirty days.

Petition for ReconsiderationRescind Arbitrator's DecisionInsufficient EvidenceUninsured StatusAmbiguity in CoverageImplied-in-Fact ContractEstoppelPublic PolicyLabor Code § 5909Electronic Adjudication Management System
References
17
Case No. 2023 NY Slip Op 00983 [213 AD3d 905]
Regular Panel Decision
Feb 22, 2023

Castano v. Algonquin Gas Transmission, LLC

Nick Castano, the plaintiff, appealed an order from the Supreme Court, Dutchess County, in his personal injury action against Algonquin Gas Transmission, LLC, and Henkels & McCoy, Inc., alleging Labor Law violations. Castano sustained injuries while working on a pipeline project when a heavy pipe allegedly struck his leg. The Supreme Court had previously granted the defendants' motion to dismiss the Labor Law § 240 (1) claim and denied Castano's cross-motions for summary judgment and to amend his bill of particulars. The Appellate Division modified the order, denying the defendants' motion to dismiss the Labor Law § 240 (1) claim and granting Castano leave to amend his bill of particulars. However, the Appellate Division affirmed the denial of Castano's cross-motion for summary judgment on the issue of liability, noting the existence of triable issues of fact regarding proximate causation and the adequacy of safety devices.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewConstruction AccidentFalling ObjectElevation-Related RiskPipeline ProjectIndustrial CodePleading Amendment
References
17
Case No. MISSING
Regular Panel Decision

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
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. ADJ5814563
Regular
Nov 19, 2012

MARIA VILLEGAS vs. BURKE WILLIAMS, INC., TRAVELERS SACRAMENTO

The Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, unverified, and unserved. The Board also initiated removal and a notice of intention to impose a $250 sanction against the lien claimant and its representative for frivolous conduct, including filing a petition with willful misrepresentations of the record. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss, which formed the basis of the dismissed petition. The Board found the lien claimant's assertion of lack of notice contradicted the record, which showed service of the conference notice.

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely
References
9
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. MISSING
Regular Panel Decision
Nov 25, 1997

Mark v. Board of Education

The Supreme Court, Kings County, denied the petitioners' application for leave to serve a late notice of claim, an order which was subsequently affirmed on appeal. The appellate court found no improvident exercise of discretion in the denial. The petitioners failed to provide a legally acceptable excuse for their almost six-month delay beyond the 90-day statutorily-prescribed period. Additionally, the petitioners did not provide the respondents with actual notice of the essential facts of the claim within the required timeframe. The court noted that the conditions at the accident scene changed to the prejudice of the respondents, preventing their own investigation, and the ladder involved was allegedly discarded immediately after the incident. Filing a Workers’ Compensation claim was also deemed insufficient to satisfy the notice requirements of General Municipal Law § 50-e.

late notice of claimjudicial discretionactual noticeprejudice to respondentchanged conditionsWorkers’ Compensation claimappellate reviewstatutory periodKings Countymunicipal liability
References
8
Case No. MISSING
Regular Panel Decision

Acevedo v. City of New York

Petitioners, 110 New York City firefighters involved in World Trade Center rescue efforts after 9/11, sought permission to file late notices of claim under General Municipal Law § 50-e due to toxin exposure and subsequent respiratory illnesses. The City of New York objected, citing improper joinder of claims and lack of reasonable excuse or actual notice. The court found that common questions of law and fact allowed for joinder of the claims. Furthermore, the court determined that the City had actual knowledge of the essential facts surrounding the claims due to public awareness, extensive investigations, and internal Fire Department medical examinations, thus suffering no prejudice from the delayed filing. Consequently, the petition was granted, allowing the firefighters to serve and file their late notices of claim.

World Trade Center9/11FirefightersLate Notice of ClaimGeneral Municipal LawRespiratory IllnessToxic ExposureJoinder of ClaimsActual NoticePrejudice
References
20
Case No. ADJ8449286
Regular
Jul 07, 2014

DAVID SIRES vs. CONQUIP, INC., SENTRY SELECT

The applicant seeks reconsideration of a workers' compensation award, specifically challenging the attorney's fee amount. The Appeals Board granted reconsideration to address a procedural defect: the applicant's attorney failed to provide proof of notice to the applicant regarding the requested fee increase, as required by WCAB Rule 10778. The Board issued a notice of intention to dismiss the fee request unless the attorney promptly provides this proof of notice. The Board has deferred judgment on other issues raised in the petition.

WCABPetition for ReconsiderationWCJQualified Medical EvaluatorPanel Qualified Medical EvaluatorAttorney's FeeElectronic Adjudication Management System (EAMS)WCAB Rule 10778Notice of Intention to Dismiss (NIT)Adverse Interest
References
2
Case No. MISSING
Regular Panel Decision

Claim of Brian VV. v. Chenango Forks Central School District

Petitioners filed a notice of claim after their six-year-old daughter was allegedly sexually assaulted on a school bus. The respondent, a school district, subsequently served a notice to orally examine the infant and petitioners. While petitioners submitted to examination, they refused to produce their child. The Supreme Court initially granted petitioners’ motion to strike the notice to examine the infant, deeming prior informal interviews with the child as substantial compliance. However, the appellate court reversed this decision, emphasizing that General Municipal Law § 50-h mandates a pre-action examination as a condition precedent. The court ruled that the prior interviews did not fulfill the statutory purpose and that the child's submission to an examination is required. Due to the child's young age, the matter was remitted to the Supreme Court to conduct a hearing to determine the child's competency to testify under oath before the examination takes place.

General Municipal Law § 50-hEducation Law § 3813Infant examinationSexual assault claimCondition precedentAppellate procedureCompetency hearingSchool district liabilityPre-action discoveryOath requirement
References
13
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