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

Case No. 2015 NY Slip Op 06792 [131 AD3d 1025]
Regular Panel Decision
Sep 16, 2015

Moreira v. Osvaldo J. Ponzo

The plaintiff, Efrain Fuentes Moreira, fell from the roof of the defendant's investment property while removing a large tree that had fallen on the house during Hurricane Irene, causing structural damage. Moreira subsequently commenced an action against the defendant, Osvaldo J. Ponzo, alleging violations of Labor Law §§ 240 (1) and 241 (6). The defendant moved for summary judgment, arguing that tree cutting is not an activity covered by these statutes. The Supreme Court denied the defendant's motion. On appeal, the Appellate Division affirmed the lower court's decision, holding that while tree removal itself is generally not covered, it is protected under Labor Law §§ 240 (1) and 241 (6) when it is an ancillary duty performed during the repair of a building or structure.

Personal InjuryLabor LawSummary JudgmentTree RemovalRoof AccidentStructural RepairStatutory InterpretationConstruction WorkAncillary DutiesAppellate Division
References
16
Case No. ADJ8338422
Regular
Jan 14, 2014

OSVALDO ZARAGOZA vs. DRAHM & ECHTER, INC., ATHENS INSURANCE

This Workers' Compensation Appeals Board order denies the applicant's Petition for Reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's report in denying the petition. Commissioner Brass concurred, but also recommended returning the matter for a Notice of Intent to Impose Sanctions, as previously suggested by the WCJ. The specific grounds for denial and the reasons for the potential sanctions are not detailed in this excerpt.

WORKERS' COMPENSATION APPEALS BOARDOSVALDO ZARAGOZADRAHM & ECHTERINC.ATHENS INSURANCEADJ8338422Petition for ReconsiderationWCJReport and RecommendationConcurring Opinion
References
0
Case No. ADJ7144907
Regular
Jun 26, 2012

OSVALDO BERNAL vs. NATIONAL CITY FLOOR COVERINGS, INSURANCE COMPANY OF THE WEST

This order denies Osvaldo Bernal's petition for reconsideration in his workers' compensation case against National City Floor Coverings and Insurance Company of the West. The Workers' Compensation Appeals Board adopted the administrative law judge's report and recommendations, finding no basis to overturn the original decision. Consequently, the Board officially denied reconsideration of the matter.

Workers' Compensation Appeals BoardNational City Floor CoveringsInsurance Company of the WestADJ7144907Order Denying ReconsiderationPetition for ReconsiderationAdministrative Law Judge ReportApplicantDefendantRonnie G. Caplane
References
0
Case No. ADJ1685474 (LAO 0883008) ADJ1092960 (LAO 0882982)
Regular
Dec 30, 2013

MARIA ZARAGOZA vs. MASCARRO LEATHER, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Maria Zaragoza's petition for reconsideration against Mascarro Leather, Inc. and its insurer. The dismissal was based on two primary grounds: the petition was filed and served untimely, and it was considered "skeletal" without substantive arguments. Additionally, the petition failed to meet the procedural requirement of serving all adverse parties as mandated by Labor Code section 5905.

Petition for ReconsiderationUntimelySkeletalLabor Code section 5905Adverse PartiesServiceDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeMascarro Leather
References
0
Case No. MISSING
Regular Panel Decision

Castro v. New York Life Insurance

Zoila Castro, a cleaning worker, sustained a hypodermic needle puncture wound to her right thumb while working at New York Life Insurance Co.'s offices on June 22, 1989. She subsequently developed a 'generalized anxiety disorder' and 'AIDS phobia' due to the incident, leading her and her husband, Osvaldo Castro, to file a personal injury action alleging negligence by New York Life for improper disposal of hazardous medical waste. New York Life moved to dismiss the complaint and for summary judgment, arguing that fear of AIDS without reasonable certainty is not compensable and that there was no medical evidence to support the claim. The court denied both of New York Life's motions, finding that Castro's claim for mental anguish and 'AIDS Phobia' was directly tied to the incident. It concluded that a reasonable person exposed to a discarded hypodermic needle could develop such a fear, thus guaranteeing the genuineness of her claim and necessitating a trial.

Personal InjuryNegligenceHypodermic Needle InjuryAIDS PhobiaEmotional DistressSummary Judgment MotionMotion to DismissHazardous Waste DisposalCausation of InjuryGeneralized Anxiety Disorder
References
9
Case No. ADJ4106399 (SAL 0115982)
Regular
Jun 06, 2009

Nicholas Ramos vs. ANITA ZARAGOZA, TRISTAR RISK MANAGEMENT

The Appeals Board granted reconsideration and affirmed the decision that the defendant did not meet its burden to establish that the applicant earned less than $100.00 and worked less than 52 hours in the 90 days before the injury.

Labor Code section 3352(h)Labor Code section 3351(d)Labor Code section 3357excluded employeehomeowner's testimony52 hours90 daysearnings requirementclerical errorPetition for Reconsideration
References
0
Case No. ADJ7386140
Regular
Feb 08, 2013

BALDOMERO ZARAGOZA vs. STEEL ESCRAPES, TRISTAR RISK MANAGEMENT

This Workers' Compensation Appeals Board order dismisses a Petition for Reconsideration filed by lien claimant Universal Copy. The dismissal is based on the petition's failure to be verified, which violates Labor Code section 5902. This procedural defect renders the petition invalid, necessitating its dismissal.

Petition for ReconsiderationDismissalVerifiedLabor Code Section 5902Lien ClaimantUniversal CopySmith v. Workers' Comp. Appeals Bd.Significant Panel DecisionBaldomero ZaragozaSteel Escrapes
References
1
Case No. ADJ7056249
Regular
Jun 29, 2012

OSVALDO GONZALEZ vs. FLOOR PLANS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed the defendant's petition for reconsideration as premature. However, the Board granted the defendant's petition for removal, rescinded the prior order changing venue, and returned the matter for a hearing. The original Order Granting Change of Venue lacked sufficient factual basis showing good cause for the transfer. The WCAB requires a hearing to properly address the defendant's opposition and for the WCJ to articulate specific good cause for any venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueGood CauseWCJLabor Code section 5501.6Order Granting Change of VenueRescindedDecision After Removal
References
0
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
0
Case No. ADJ9344199
Regular
Feb 20, 2020

ZARAGOZA, Lima vs. DENCO ENTERPRISES, WILLIAMSBURG NATIONAL INSURANCE COMPANY, MEADOWBROOK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the findings of the administrative law judge (WCJ) concerning lien claimant Citywide Scanning Service's request for payment for copy services. The WCJ awarded Citywide $2,005.00 but denied reimbursement for a filing fee and dismissed other issues as moot. The WCAB rescinded the WCJ's decision and remanded the case for further proceedings, finding that the WCJ did not adequately address the lien claimant's burden of proof regarding the reasonableness and necessity of its services. Furthermore, the WCAB indicated that the WCJ must provide a clear factual and legal basis for any awarded amount, rather than solely relying on the Copy Service Fee Schedule.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings Orders and AwardCopy Services Fee ScheduleReasonable ValueBurden of ProofLabor Code 4622Explanation of Review60-day window
References
4
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