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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 02995 [238 AD3d 541]

Regular Panel Decision

May 15, 2025

Solarte v. Brearley Sch.

Adrian Oscar Oseguera Solarte was injured after falling on a broken step while descending a staircase at The Brearley School, where his employer, PAL Environmental Services, Inc., was performing asbestos abatement. The Supreme Court denied motions for summary judgment from both PAL and the defendants (Brearley School and E.W. Howell Co., LLC) regarding various claims. The Appellate Division, First Department, modified the Supreme Court's order. It granted summary judgment to defendants, dismissing plaintiff's common-law negligence and Labor Law § 200 claims and granting their contractual indemnification claim against PAL. The Appellate Division otherwise affirmed the lower court's decision, allowing the Labor Law § 240 (1) and § 241 (6) claims to proceed.

Labor LawWorkplace SafetyPremises LiabilitySummary Judgment MotionContractual IndemnificationAppellate ReviewConstruction AccidentStaircase AccidentLatent DefectNotice Requirement

References

Case No. ADJ4193239

Regular

Feb 10, 2010

SERGIO OSEGUERA vs. LINKS COMMUNICATIONS, ZURICH SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award, ordering the reports of Dr. Baker stricken from the record. This was due to defendant's violation of Board Rule 10718 by communicating directly with the WCJ-appointed physician, compromising the appearance of impartiality. The case was returned to the trial level for further proceedings and a new decision based on properly admitted substantial medical evidence.

WORKERS' COMPENSATION APPEALS BOARDLINKS COMMUNICATIONSZURICH SAN FRANCISCOADJ4193239OSEGUERARECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENTAGREED MEDICAL EXAMINER

References

Case No. ADJ3158190

Regular

Jan 17, 2012

RICK OSEGUERA vs. MITSUMI NAKAMURA, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant insurer sought reconsideration of an award for lien claimants' medical services provided outside their Medical Provider Network (MPN). The Appeals Board granted reconsideration, reversing the original award. The Board found that the defendant provided timely MPN notice to the applicant and consistently offered necessary medical treatment within the network. Therefore, the Board concluded the defendant was not liable for treatment obtained outside the MPN and disallowed the lien claimants' claims.

MPNMedical Provider NetworkLien ClaimantsReconsiderationFindings and AwardWCJPenaltiesInterestCompromise and Release AgreementStipulations

References

Case No. ADJ1537573 (MON 0347052)

Regular

May 31, 2011

VICENTE OSEGUERA vs. WIDE AWAKE DEVELOPERS, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board decision, reconsideration was granted to address two issues raised by the defendant. The Board rescinded the award of an overpayment credit against future temporary disability benefits due to the defendant's significant delays in payments and the potential expiration of temporary disability benefits. However, the Board deferred the issue of the 15% permanent disability increase under Labor Code section 4658(d)(2), remanding the case for further proceedings to determine if the employer had fifty or more employees, as this is a prerequisite for the increase. The Board affirmed all other aspects of the original Findings and Award.

Temporary disabilityPermanent disabilityReconsiderationCreditOverpaymentLabor Code section 4658(d)(2)15 percent increaseAgreed Medical ExaminationPermanent and stationaryMedical-legal expenses

References

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Solarte v. Brearley Sch.

Labor LawWorkplace SafetyPremises LiabilitySummary Judgment MotionContractual IndemnificationAppellate ReviewConstruction AccidentStaircase AccidentLatent DefectNotice Requirement

SERGIO OSEGUERA vs. LINKS COMMUNICATIONS, ZURICH SAN FRANCISCO

WORKERS' COMPENSATION APPEALS BOARDLINKS COMMUNICATIONSZURICH SAN FRANCISCOADJ4193239OSEGUERARECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENTAGREED MEDICAL EXAMINER

RICK OSEGUERA vs. MITSUMI NAKAMURA, ZENITH INSURANCE COMPANY

MPNMedical Provider NetworkLien ClaimantsReconsiderationFindings and AwardWCJPenaltiesInterestCompromise and Release AgreementStipulations

VICENTE OSEGUERA vs. WIDE AWAKE DEVELOPERS, STATE COMPENSATION INSURANCE FUND

Temporary disabilityPermanent disabilityReconsiderationCreditOverpaymentLabor Code section 4658(d)(2)15 percent increaseAgreed Medical ExaminationPermanent and stationaryMedical-legal expenses