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

Case No. MISSING
Regular Panel Decision

Cancel v. Mazzuca

Plaintiff Frankie Cancel, a Shi'a Muslim state prisoner, filed a civil rights action against thirty-one New York State Department of Correctional Services (DOCS) employees, alleging violations of his First and Fourteenth Amendment rights to religious freedom and retaliation. Cancel claimed that DOCS's Islamic authorities, allegedly Sunni, discriminated against Shi'a inmates by denying separate religious services and proselytizing. The court addressed motions for partial summary judgment by Cancel and dismissal by defendants. The court dismissed most defendants and state law claims, finding that only claims against Imam Umar and Imam At-Tayeb survived dismissal for alleged direct discrimination and retaliation. It applied collateral estoppel to state court findings regarding significant doctrinal differences between Shi'a and Sunni Islam and violations of New York Correction Law § 610, but noted no preclusive effect on the federal constitutional claims. The court denied a motion to transfer venue, citing the burden of split trials.

Prisoner RightsReligious FreedomFirst AmendmentFourteenth AmendmentCivil Rights ActionDOCS (Department of Correctional Services)Shi'a IslamSunni IslamRetaliation ClaimsQualified Immunity
References
40
Case No. ADJ85664607
Regular
Nov 01, 2013

YANET DUARTE ORTUNI vs. LA PERLA MEXICANA A CORPORATION, INSURANCE COMPANY OF THE WEST

This case involves a defendant's petition to remove the matter due to the Presiding Workers' Compensation Judge's alleged denial of an expedited hearing on a PQME specialty dispute. The applicant countered that the PQME appointment had been canceled. The Appeals Board dismissed the petition as moot because the cancellation of the PQME appointment resolved the underlying dispute. Therefore, the Petition for Removal was dismissed.

Petition for RemovalPresiding Workers' Compensation JudgeExpedited HearingPanel Qualified Medical EvaluatorPQME specialtymootcancelled medical appointmentWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision

Trojcak v. Valiant Millwrighting & Warehousing, Inc.

This case involves an appeal from a Workers' Compensation Board decision concerning the proper cancellation of an employer's workers' compensation policy. A claimant was injured in September 1995, leading to a dispute when the carrier claimed the policy was canceled in June 1995 due to nonpayment. Initially, a Workers' Compensation Law Judge ruled the policy was improperly canceled, citing Banking Law § 576 and estoppel. However, the Workers' Compensation Board reversed this, finding the cancellation adhered to Banking Law § 576's notice requirements. This appellate court affirmed the Board's decision, concluding that the statutory notice provisions were met and that the finance agency and carrier were not estopped from canceling the policy despite prior acceptance of late payments.

Workers' Compensation Policy CancellationBanking Law § 576Estoppel DoctrineNotice RequirementsLate PaymentsInsurance Coverage DisputePolicy DefaultAppellate ReviewStatutory CompliancePremium Finance Agreement
References
7
Case No. ADJ9604444
Regular
Aug 14, 2017

MANUELA BALDERAMA vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to amend a prior finding. The Board removed the administrative law judge's determination that the PQME's March 20, 2015 report was not substantial medical evidence, as this issue was not properly raised by the parties. However, the Board affirmed the judge's prior order that the PQME improperly canceled the applicant's reevaluation without good cause, necessitating the issuance of a replacement PQME. All other aspects of the original decision, including the denial of sanctions, were upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationPanel Qualified Medical EvaluatorPQME cancellationgood causesubstantial medical evidencesanctionsAdministrative Law JudgeFindings of Fact and OrderReplacement Panel Order
References
0
Case No. MISSING
Regular Panel Decision
Aug 08, 2000

Claim of Rue v. Northeast Timber Erectors, Inc.

The case involves an appeal by Merchants Mutual Insurance Company from a Workers' Compensation Board decision. The Board had affirmed a Workers’ Compensation Law Judge's ruling that Merchants Mutual was the employer's (Northeast Timber Erectors, Inc.) workers' compensation carrier on the date of a claimant's accident in July 1995, despite the carrier's assertion that it had properly cancelled the policy. The Appellate Division reviewed the appeal and found that the carrier failed to demonstrate strict compliance with Workers’ Compensation Law § 54 (5) regarding the notice of cancellation procedure, specifically by not proving it requested a return receipt for the certified mail. Consequently, the court affirmed the Board's decision, concluding that insurance coverage was still in effect at the time of the accident.

Workers' Compensation Law § 54 (5)Insurance Policy CancellationCarrier LiabilityNotice RequirementsCertified MailReturn ReceiptStrict ComplianceAppellate ReviewWorkers' Compensation BoardEmployer Insurance Coverage
References
6
Case No. MISSING
Regular Panel Decision

Council v. Donovan

The petitioner, James T. Council, a substitute teacher, challenged his dismissal and the cancellation of his license after refusing to participate in mandatory shelter drills, citing conscientious objections to nuclear warfare. He argued his rights under Civil Service Law § 75 and the First and Fourteenth Amendments were violated, and that the drills were ineffective. The court dismissed his petition, ruling that as a substitute teacher in the unclassified service, he was not entitled to a formal hearing under Civil Service Law § 75. While acknowledging freedom of conscience, the court affirmed that conduct is subject to reasonable governmental regulation for public safety, upholding the acting Superintendent's decision to cancel his license due to insubordination. The court concluded that the penalty was not an abuse of discretion, as public employment is contingent on complying with lawful terms set by school authorities.

Substitute TeacherLicense CancellationCivil Service LawFreedom of ConscienceFirst AmendmentFourteenth AmendmentShelter DrillsInsubordinationAdministrative RemedyJudicial Review
References
27
Case No. ADJ7626422
Regular
Dec 03, 2014

JOSE AHUMADA vs. BUILDING MATERIALS HOLDING, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it sought review of an interlocutory order, not a final decision. However, the WCAB granted removal on its own motion to address the WCJ's order. This order, which directed the parties to obtain a new Qualified Medical Evaluator (PQME), was rescinded because the issue was moot after the defendant canceled the deposition and the PQME became available within the statutory timeframe. The WCAB cautioned the defendant for seeking reconsideration of a non-final procedural order.

PQMEPetition for ReconsiderationWCJ Orderdepositionreplacement PQMEinterlocutory orderremovalrescindedmoot issuevocational expert
References
5
Case No. MISSING
Regular Panel Decision

Matter of Young

The case involves an application by the Secretary of State to cancel and revoke the certification of candidates via telegram. The court affirmed the order without costs and granted the Secretary of State's application. No opinion was provided for the decision, with several judges concurring.

Secretary of Statecertification revocationcandidate certificationtelegramorder affirmedapplication grantedadministrative law
References
0
Case No. MISSING
Regular Panel Decision

Claim of Sarlo v. Antona Trucking Co.

The State Insurance Fund appealed a Workers' Compensation Board decision from December 1, 1981, which found it liable due to an improper cancellation of an employer's policy. The Board ruled the cancellation failed to comply with Workers’ Compensation Law § 54(5), which requires certified or registered mail with return receipt for notice of cancellation. The State Insurance Fund only provided a mailing manifest, lacking proof that a cancellation notice was actually sent, and offered no evidence of office practice to invoke a presumption of regularity. The appellate court affirmed the Board's decision, agreeing that strict statutory conformity is necessary for policy cancellation, and awarded costs to the Uninsured Employers’ Fund.

Workers' CompensationInsurance Policy CancellationNotice RequirementsCertified MailReturn Receipt RequestedStatutory CompliancePresumption of RegularityMailing ManifestEmployer LiabilityAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Feb 02, 1987

Claim of Betances v. Hexreed Industries, Inc.

This case concerns an appeal from a Workers’ Compensation Board decision, filed on February 2, 1987, which found the State Insurance Fund (SIF) not liable for compensation benefits to a claimant. The employer, Hexreed Industries, Inc., and the Uninsured Employers’ Fund (appellants) challenged SIF’s cancellation of Hexreed’s workers’ compensation policy, effective January 5, 1980, for nonpayment of premium. The core issue was whether SIF complied with Workers’ Compensation Law § 54 (5) regarding the mailing of cancellation notices via certified or registered mail with a return receipt. Appellants argued that SIF failed to produce a return receipt and that a discrepancy existed in its mailing manifest. However, the Board credited testimony from SIF's senior underwriter regarding standard office procedures for cancellations. The appellate court affirmed the Board's decision, ruling that the failure to produce a return receipt does not preclude a finding of proper cancellation and that the statutory requirement of a specified date refers to the cancellation date itself, not the filing date.

Workers' Compensation InsurancePolicy CancellationNotice of CancellationCertified MailReturn ReceiptStatutory ComplianceMailing ProceduresWorkers' Compensation BoardAppellate ReviewEmployer Liability
References
8
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