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

Case No. ADJ8991440
Regular

ELSA CERVANTES vs. OPTIONS FOR YOUTH, FIREMAN'S INSURANCE COMPANY FOR AMERICAN INSURANCE COMPANY

This case involves a Petition for Removal filed by Elsa Cervantes. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the WCAB adopted the judge's report and issued an order dismissing the petition.

Petition for RemovalWorkers' Compensation Appeals BoardDismissalWorkers' Compensation Administrative Law JudgeOptions for YouthFireman's Insurance CompanyLos Angeles District OfficeADJ8991440Marguerite SweeneyMick Dietrich
References
0
Case No. MISSING
Regular Panel Decision

Claim of Olmedo v. Mayor's Summer Youth Program

This case involves an appeal from a Workers’ Compensation Board decision regarding the death of a 16-year-old employee. The decedent drowned while attempting a rescue during an employer-organized picnic for the Mayor’s Summer Youth Program in the City of Buffalo. The Board ruled that the death arose out of and in the course of his employment and that his mother was partially dependent on him, entitling her to death benefits. The Appellate Division affirmed the Board's decision, finding substantial evidence. The court noted that the employer exercised control over the event by authorizing attendance during business hours and gained a business advantage through improved employee morale. Additionally, the court upheld the finding of the mother's partial dependency, citing her ill health, inability to work, and the decedent's regular financial contributions which were essential to her family's standard of living.

Workers' CompensationDrowning AccidentEmployment-Related DeathRecreational ActivitiesEmployee PicnicPartial Dependency ClaimDeath BenefitsAppellate ReviewSubstantial EvidenceEmployer Control
References
9
Case No. MISSING
Regular Panel Decision

Youth Action Homes, Inc. v. State Division of Human Rights

Youth Action Homes, Inc. (YAH) petitioned the court to annul a determination by the New York State Division of Human Rights, which had found YAH discriminated against a Hispanic employee based on national origin and awarded damages. The court found that the Commissioner's conclusion of unlawful discrimination lacked sufficient evidence in the record. It noted that the alleged discriminatory animus by a supervisor was not substantiated and that YAH, as an employer, had no knowledge of or reason to suspect discriminatory conduct. The court concluded that the employee's termination resulted from workplace conflicts and performance issues, not national origin discrimination. Consequently, the court granted YAH's petition and annulled the Division's determination.

Employment DiscriminationNational Origin DiscriminationAdministrative LawAppellate ReviewSubstantial Evidence RuleAnnulment of Agency DecisionWorkplace ConflictSupervisor-Subordinate IssuesHuman Rights LawJudicial Review
References
6
Case No. MISSING
Regular Panel Decision

Carnibucci v. New York State Executive Department Division for Youth

Petitioner, a Youth Division Aide IV, was terminated on August 10, 1991, under Civil Service Law § 71 due to alleged cumulative absences exceeding one year from a work-related back injury. Petitioner challenged the termination in a CPLR article 78 proceeding, asserting a second back injury was unrelated to the first. The Workers’ Compensation Board subsequently ruled on May 27, 1992, that the second injury was indeed unrelated, leading to petitioner's reinstatement on October 18, 1992. The Supreme Court initially awarded back pay only until the Board's determination date. However, the appellate court modified this judgment, directing that back pay should be awarded from the date of wrongful termination, August 10, 1991, until the date of actual reinstatement, October 18, 1992.

Public EmploymentWrongful TerminationBack PayReinstatementCivil Service LawWorkers' CompensationAppellate DivisionArticle 78 ProceedingDisability BenefitsState Employee
References
3
Case No. ADJ8181938; ADJ8702275
Regular
Apr 10, 2023

KAREN MILLER vs. STATE OF CALIFORNIA, VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued against the statutory 15% increase, the method of evaluating spine impairment, and the inclusion of a sleep disorder. The Board adopted the WCJ's report, finding no error in the application of the 15% increase or the evaluation of the spine impairment using the ROM method as deemed appropriate by the agreed medical examiner. Furthermore, the Board upheld the finding of an industrially caused sleep disorder, noting that formal sleep studies are not always required for diagnosis and that the physician's rating falls within the AMA Guides.

WCABPetition for ReconsiderationDeniedVentura Youth Correctional FacilityAdjudication NumbersOccupational Group 214Cervical SpineLumbar SpineBilateral ShouldersGastrointestinal System
References
1
Case No. ADJ2192153 (OXN 0130828) ADJ710643 (VEN 0118981)
Regular
Jan 21, 2011

Shelley Moran vs. DEPARTMENT OF YOUTH AUTHORITY, Legally Uninsured STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding its prior decision that the Department of Youth Authority failed to meet its burden of proof for apportionment. The defendant argued the WCJ's decision regarding overlapping disabilities should have been given greater weight, but the Board found the defendant did not establish sufficient evidence of overlap. Based on *Kopping v. Workers' Comp. Appeals Bd.*, the Board affirmed that the defendant retains the burden to prove both the existence of a prior award and the extent of overlap. Therefore, the applicant is entitled to an unapportioned award of 100% permanent disability.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationLabor Code section 4664ApportionmentOverlapCumulative TraumaBurden of ProofMedical RecordWCJ
References
5
Case No. 2018 NY Slip Op 07207 [165 AD3d 1506]
Regular Panel Decision
Oct 25, 2018

Matter of Keadden W. (Hope Y.)

This case involves an appeal concerning the termination of Hope Y.'s parental rights over her three children, including Keadden W., following a finding of permanent neglect. The Albany County Department for Children, Youth and Families initiated the proceeding, leading to Family Court orders in August 2015 and May 2016 which adjudicated permanent neglect and terminated parental rights, respectively. The Appellate Division, Third Department, dismissed the appeal from the initial fact-finding order but affirmed the dispositional order. The court found that the petitioner made diligent efforts to strengthen the mother-child relationship and that the mother failed to develop a realistic plan for her children's future. The decision also highlighted the mother's struggles with mental health, unstable housing, substance abuse, and poor parenting skills, concluding that termination was in the children's best interests.

Parental Rights TerminationPermanent NeglectChild WelfareFamily Court ActSocial Services LawAppellate ReviewDiligent EffortsBest Interests of the ChildInadequate ParentingReunification Services
References
23
Case No. MISSING
Regular Panel Decision

Claim of Smith v. City of New York

A New York City youth was injured in a Vermont work-study program in 1968, leading to a workers' compensation claim. The Workers’ Compensation Board found the City of New York, its agencies (Neighborhood Youth Corps and Youth Service Agency), and the State Insurance Fund liable, establishing an employer-employee relationship and that the injury occurred within the scope of employment. The State Insurance Fund appealed, disputing the employment relationship, policy coverage for the Youth Service Agency, whether the accident arose from employment, and New York's jurisdiction. The court affirmed the Board’s decision, citing substantial evidence supporting the employer-employee relationship due to hiring, supervision, control, and wage payment. It also found the accident arose from employment due to required residency and affirmed jurisdiction based on sufficient New York contacts.

Workers' CompensationEmployer-Employee RelationshipJurisdictionScope of EmploymentWork-Study ProgramAgency RelationshipState Insurance FundDormitory InjuryYouth ProgramNew York Appeals
References
6
Case No. MISSING
Regular Panel Decision

Constance B. v. Joan M.

This case involves a motion to quash a judicial subpoena duces tecum issued by respondent Joan M. The subpoena sought all records pertaining to Sonya M. from Under 21, a private, not-for-profit corporation serving runaway and homeless youths. The underlying matter is a petition where Sonya M.'s mother and her paramour, Robert B., are charged with child abuse and neglect. The court determined that the information sought was irrelevant to the neglect proceeding, deeming it a "fishing expedition." Crucially, the court found that Under 21 is legally prohibited from disclosing such information due to the confidentiality provisions of the Runaway and Homeless Youth Act of 1978 (Executive Law, art 19-H, § 532 et seq.) and its implementing regulations (9 NYCRR 182.1 et seq.). The court emphasized the legislative intent to protect the confidentiality of runaway youth records, noting that the Family Court Act § 1046's exceptions to privilege do not extend to runaway home records. The court granted the motion to quash, affirming that the cloak of confidentiality for runaway homes shall not be broken without the youth's written consent.

ConfidentialityRunaway and Homeless Youth ActSubpoena Duces TecumChild Abuse and NeglectFamily LawStatutory InterpretationDisclosure of RecordsYouth ServicesConfidential CommunicationsLegislative Intent
References
2
Case No. MISSING
Regular Panel Decision
Dec 20, 1999

People v. Victor J.

Defendant Victor J. was charged with child sexual abuse spanning his minority and adulthood, prompting questions about the Supreme Court's jurisdiction and his eligibility for youthful offender treatment. The court found it had jurisdiction over the continuous offenses and considered defendant's history as a child sexual abuse victim as a mitigating circumstance directly related to his conduct. This finding qualified him as an "eligible youth" under CPL 720.10 (3) (i), despite the prosecution's opposition. Exercising its discretion, the court granted youthful offender adjudications for counts committed as an adult and juvenile delinquent adjudications for those committed as a minor. The final decision included withdrawing his sex offender certification and imposing a probationary sentence with mandated therapeutic intervention, prioritizing rehabilitation over adult incarceration.

Child Sexual AbuseYouthful Offender StatusCriminal JurisdictionMitigating CircumstancesJuvenile DelinquencyContinuing OffenseSexual Abuse VictimizationPsychological AssessmentProbationary SentenceSex Offender Registration Act (SORA)
References
15
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