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Case Law Database

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

Case No. ADJ6995481

Regular

Dec 10, 2012

MARIA FERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the Los Angeles Unified School District's Petition for Reconsideration. The applicant, Maria Fernandez, sustained multiple injuries in a 2009 fall, including to her left arm, left knee, back, and right fingers, requiring ongoing medical treatment and mobility aids. The Board found that the case of *Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)* was inapplicable, and adopted the WCJ's report in full. The WCJ recommended upholding the original Findings and Award.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeTenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)Primary Treating PhysicianKaiserSt. Francis HospitalStacy Medical (MPN)Dr. HeskiaoffPhilip A. Sobol MD

References

Case No. MISSING

Regular Panel Decision

May 05, 1994

Mackey v. Beacon City School District

Raymond J. McGowan appealed an order and judgment from the Supreme Court, Dutchess County. The appeal concerned a personal injury action where the plaintiff was injured due to a ladder collapse while painting for the Beacon City School District. The plaintiff's motion for partial summary judgment on liability against the school district and Beesmer Construction Company was granted under Labor Law § 240 (1). Additionally, the defendants' motion for summary judgment on indemnification against McGowan, the plaintiff's employer and subcontractor, was also granted. The appellate court affirmed the order and judgment, upholding the liability against the defendants and the indemnification against McGowan, citing that a general contractor is entitled to common-law indemnification from a subcontractor whose sole negligence caused the worker's injuries.

Personal InjuryLadder CollapseLabor Law § 240 (1)IndemnificationSummary JudgmentAppellate ReviewNegligenceSubcontractorGeneral ContractorVicarious Liability

References

Case No. MISSING

Regular Panel Decision

Jul 28, 2015

Masciotta v. Clarkstown Central School District

Plaintiff Tracy Masciotta, on behalf of her daughter V.M., filed an action under 42 U.S.C. § 1983 and New York state law against individual school employees and the Clarkstown Central School District. The complaint alleged violations of constitutional rights (Fourth, Fifth, Fourteenth Amendments; New York State Constitution) and state common law torts, stemming from a strip search and phone search of V.M. for alleged self-cutting without parental consent. Defendants moved to dismiss all claims. The court dismissed the Fourth Amendment and Substantive Due Process claims against the individual defendants on qualified immunity grounds, finding that searches for medical purposes were not clearly established under the Fourth Amendment, and the conduct was not sufficiently "conscience-shocking" to violate due process given the legitimate governmental purpose. The Section 1983 conspiracy claim was withdrawn by the Plaintiff, and constitutional claims against the School District were dismissed due to insufficient pleading of a municipal policy or custom. The court declined to exercise supplemental jurisdiction over the remaining state tort claims, dismissing them without prejudice. Plaintiff was granted leave to file an amended complaint.

School searchStudent rightsFourth AmendmentDue ProcessQualified immunityMonell liabilityStrip searchSchool nurseCivil rightsMotion to dismiss

References

Case No. MISSING

Regular Panel Decision

Apr 19, 2011

Dietz v. Board of Education of Rochester City School District

Petitioner commenced a CPLR article 78 proceeding seeking reinstatement of his employment with the Rochester City School District after his position as a "school instructor/transition counselor" was abolished. He contended he was entitled to seniority rights within the "special subject tenure area" of school social worker under 8 NYCRR 30-1.8 (b) (9) and Education Law § 2585 (3), asserting he was not the least senior person in that tenure area. The Supreme Court denied the petition, and the appellate court affirmed. The collective bargaining agreement between the District and the union specified that layoffs for "school instructors" would occur within distinct categories, not tenure areas, and that school instructors could not displace teachers. By accepting employment as a school instructor and participating in the CBA, the petitioner was deemed to have waived any seniority rights in the school social worker tenure area.

Employment LawSeniority RightsCollective Bargaining AgreementSchool InstructorSchool Social WorkerTenure AreaCPLR Article 78 ProceedingJudicial ReviewWaiver of RightsWorkforce Reduction

References

Case No. MISSING

Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure

References

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)

Regular

Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

This case involves apportionment of liability between two school districts for an applicant's industrial injuries. The Workers' Compensation Appeals Board granted reconsideration to clarify liability for temporary disability. The Board reversed the judge's finding, holding San Diego Unified School District responsible for 94% of temporary disability benefits after January 29, 2002, aligning with prior apportionment for medical treatment. The Board also deferred the issue of credit for Novato Unified's overpayment of permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury

References

Case No. ADJ9908969

Regular

Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer

References

Case No. MISSING

Regular Panel Decision

Claim of Lavigne v. Peru Central School District

The claimant, a teaching assistant for Peru Central School District, was injured after a fall in 2003. She subsequently filed for workers' compensation benefits in 2005, which was beyond the two-year statutory period. A workers' compensation law judge initially found that the employer's provision of medical treatment waived the filing requirement. However, the Workers’ Compensation Board reversed this decision and disallowed the claim as untimely. The court affirmed the Board's determination, concluding that the first aid provided by the principal and school nurse was not an acknowledgment of employer liability, and therefore, did not waive the time bar under Workers’ Compensation Law § 28.

Workers' Compensation LawTimeliness of ClaimAdvance Payment of CompensationMedical Treatment WaiverEmployer LiabilityFirst AidStatute of LimitationsBoard ReviewAffirmed DecisionClaim Disallowance

References

Case No. 2017 NY Slip Op 05500 [152 AD3d 859]

Regular Panel Decision

Jul 06, 2017

Claim of Murphy v. Newburgh Enlarged City School District

Claimant Marie Murphy sustained work-related injuries. Her employer, Newburgh Enlarged City School District, sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) (d), citing Murphy's preexisting asthma and knee injuries. The Workers' Compensation Board reversed a Workers' Compensation Law Judge's determination that the employer was entitled to reimbursement, finding insufficient evidence that Murphy's asthma hindered her employment. The Appellate Division, Third Department, affirmed the Board's decision regarding asthma, noting that controlled conditions do not constitute a hindrance. However, the Court reversed the Board's decision because it failed to address the issue of reimbursement based on Murphy's osteoarthritis in her right knee, remitting the matter for further consideration of that specific issue.

Workers' Compensation ReimbursementSpecial Disability FundPreexisting ConditionPermanent ImpairmentGeneral EmployabilityAsthmaOsteoarthritisMaterially and Substantially Greater DisabilityWorkers' Compensation Board ReversalAppellate Review

References

Case No. MISSING

Regular Panel Decision

Mar 23, 2004

Matter of Rosenblum v. New York State Workers' Compensation Bd.

This case, Matter of Rosenblum v. New York State Workers' Compensation Bd., was heard by the Court of Appeals of the State of New York. The decision was rendered on March 23, 2004. The outcome of the case was that the appeal was withdrawn and discontinued. This indicates a resolution where further judicial review was halted by the appellant.

Appeal WithdrawnDiscontinuedWorkers' CompensationCourt of AppealsNew YorkCase Resolution

References

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Updated Daily

Case Law Database

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

Case No. ADJ6995481

Regular

Dec 10, 2012

MARIA FERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

References

Case No. MISSING

Regular Panel Decision

May 05, 1994

Mackey v. Beacon City School District

Personal InjuryLadder CollapseLabor Law § 240 (1)IndemnificationSummary JudgmentAppellate ReviewNegligenceSubcontractorGeneral ContractorVicarious Liability

References

Case No. MISSING

Regular Panel Decision

Jul 28, 2015

Masciotta v. Clarkstown Central School District

School searchStudent rightsFourth AmendmentDue ProcessQualified immunityMonell liabilityStrip searchSchool nurseCivil rightsMotion to dismiss

References

Case No. MISSING

Regular Panel Decision

Apr 19, 2011

Dietz v. Board of Education of Rochester City School District

Employment LawSeniority RightsCollective Bargaining AgreementSchool InstructorSchool Social WorkerTenure AreaCPLR Article 78 ProceedingJudicial ReviewWaiver of RightsWorkforce Reduction

References

Case No. MISSING

Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure

References

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844) ADJ4224537 (SRO 0130138) ADJ4649631 (SRO 0140956)

Regular

Jun 21, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary DisabilityMedical TreatmentApportionmentAgreed Medical EvaluatorPermanent DisabilitySpecific InjuryCumulative Injury

References

Case No. ADJ9908969

Regular

Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer

References

Case No. MISSING

Regular Panel Decision

Claim of Lavigne v. Peru Central School District

Workers' Compensation LawTimeliness of ClaimAdvance Payment of CompensationMedical Treatment WaiverEmployer LiabilityFirst AidStatute of LimitationsBoard ReviewAffirmed DecisionClaim Disallowance

References

Case No. 2017 NY Slip Op 05500 [152 AD3d 859]

Regular Panel Decision

Jul 06, 2017

Claim of Murphy v. Newburgh Enlarged City School District

References

Case No. MISSING

Regular Panel Decision

Mar 23, 2004

Matter of Rosenblum v. New York State Workers' Compensation Bd.

Appeal WithdrawnDiscontinuedWorkers' CompensationCourt of AppealsNew YorkCase Resolution

References

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