CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2021 NY Slip Op 00572 [191 AD3d 692]
Regular Panel Decision
Feb 03, 2021

Penny v. County of Suffolk

In a personal injury action, plaintiff Harry Penny, a track coach, tripped and fell over starting blocks during a track meet. Defendants New York State Public High School Athletic Association, Inc., and Section XI moved for summary judgment, arguing they neither controlled the premises nor created the dangerous condition, and that plaintiff assumed the risk. The Supreme Court denied their motion. The Appellate Division affirmed, finding that evidence raised triable issues of fact regarding the defendants' responsibility for the equipment and the creation of the hazardous condition. Furthermore, the Appellate Division concluded that the defendants failed to establish a prima facie case that the plaintiff assumed the risk or that the starting blocks constituted an open and obvious, non-inherently dangerous condition.

Personal InjurySummary JudgmentPremises LiabilityDangerous ConditionTrip and FallSports EventAssumption of RiskContributionIndemnificationAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Penny v. Heckler

Plaintiff Margaret Penny initiated an action under Section 205(g) of the Social Security Act, seeking judicial review of a final determination by the Secretary of Health and Human Services to terminate her disability benefits. Penny had previously been awarded benefits for a herniated disc, which were later ceased in November 1980. An Administrative Law Judge (ALJ) upheld the termination, finding Penny capable of sedentary work, a decision made final in February 1982. The District Court subsequently found that the ALJ failed to apply the 'medical improvement standard' as mandated by Second Circuit precedent, including DeLeon v. Secretary (1984) and Parente v. Heckler (1984). Concluding there was no substantial evidence of medical improvement or an initial erroneous finding, and noting persuasive proof of disability, the court reversed the Secretary's determination and reinstated Penny's benefits.

Social Security ActDisability Benefits TerminationMedical Improvement StandardHerniated DiscLumbar LaminectomySedentary Work CapacityAdministrative Law JudgeJudicial ReviewVocational FactorsMedical Evidence
References
5
Case No. MISSING
Regular Panel Decision
Apr 18, 1995

Penny v. Winthrop-University Hospital

Wan Sun Penny, a 53-year-old Korean nurse, sued Winthrop-University Hospital under Title VII, ADEA, and New York Human Rights Law, alleging discrimination based on race, national origin, and age, leading to her termination. The court addressed several pre-trial motions, denying Penny's motion to add a retaliation claim based on a conditional reinstatement offer and granting the hospital's motion to dismiss this claim. However, the court denied the hospital's motions to dismiss Penny's claims for compensatory and punitive damages under Title VII and her claims of continuing discrimination. Additionally, the court granted the hospital's motion to exclude certain letters and a memorandum related to settlement negotiations as evidence under Fed.R.Evid. 408.

Employment DiscriminationAge DiscriminationRace DiscriminationNational Origin DiscriminationRetaliation ClaimWrongful TerminationPre-Trial MotionsEvidence ExclusionSettlement NegotiationsCivil Rights Act of 1964
References
20
Case No. ADJ7009305 ADJ6622776
Regular
Oct 01, 2010

PENNY MUNIAN vs. OAKDALE JOINT UNIFIED SCHOOL DISTRICT

Defendant Oakdale Joint Unified School District petitioned for reconsideration of a July 8, 2010 decision in this workers' compensation case. The Workers' Compensation Appeals Board (WCAB) has granted this petition to allow for further study of the factual and legal issues. This action is necessary for the WCAB to achieve a complete understanding of the record and issue a just decision. All further communications should be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan Francisco
References
0
Case No. ADJ7009305
Regular
Dec 19, 2010

PENNY MUNIAN vs. OAKDALE JOINT UNIFIED SCHOOL DISTRICT

This case affirms a prior award finding the applicant sustained industrial injuries to her spine and knees. The defendant school district appealed, arguing the judge failed to explain her decision, improperly combined permanent disability ratings, and should have reduced payments. The Appeals Board found the judge's reasoning adequate, particularly regarding the apportionment of disability from intertwined industrial injuries. The Board also rejected the 15% reduction argument, noting the defendant failed to present evidence of compliance with statutory requirements for offering suitable work. Therefore, the original award was affirmed.

Workers' Compensation Appeals BoardPenny MunianOakdale Joint Unified School DistrictJoint Findings and Awardpermanent disabilityapportionmentBenson v. The Permanente Medical GroupLabor Code section 4658Disability Evaluation UnitAgreed Medical Evaluator
References
3
Case No. MISSING
Regular Panel Decision

Miller v. Taco Bell Corp.

This Memorandum and Order addresses an employment discrimination lawsuit filed by Penny D. Miller against Taco Bell Corporation, alleging disability discrimination under the ADA and New York State Human Rights Law. Miller, who has a severe hearing impairment, claimed she was denied a promotion and terminated due to her disability, and subjected to a hostile work environment. The defendant sought summary judgment, which the court granted. The court determined that while a factual dispute existed regarding the extent of Miller's disability, she failed to establish a prima facie case of discrimination because she did not formally apply for the promotion, and her termination and alleged lack of communication skills were supported by non-discriminatory reasons related to her interpersonal abilities, not her hearing. Furthermore, the court found her hostile work environment claims to be sporadic and not severe enough to constitute an abusive environment. Consequently, all federal claims were dismissed, and state law claims were dismissed without prejudice.

Employment DiscriminationDisability DiscriminationAmericans with Disabilities ActADANew York State Human Rights LawHostile Work EnvironmentSummary JudgmentHearing ImpairmentPretext for DiscriminationPrima Facie Case
References
30
Case No. ADJ377932 (SRO 140247)
Regular
Sep 07, 2010

BARBARA PENNY vs. COMMUNITY ACTON PARTNERSHIP OF SONOMA COUNTY, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning applicant Barbara Penny's industrial injury. The WCAB rescinded the award and returned the matter for further proceedings. This decision was primarily based on the need to properly develop the record regarding the applicant's diminished future earning capacity (DFEC), specifically concerning the methodology for calculating lost earnings. The WCAB also noted that the applicant's claim for further medical treatment for body parts beyond the low back could be raised again at the trial level.

Workers Compensation Appeals BoardBarbara PennyCommunity Action Partnership of Sonoma CountyState Compensation Insurance FundADJ377932Opinion and Order Granting Petitions for ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial InjuryCase Manager
References
6
Case No. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
5
Case No. ADJ1676007 (LBO 0350636) ADJ585219 (LBO 0364031)
Regular
May 17, 2011

SUSAN STONE vs. JC PENNY, CHARTIS INSURANCE COMPANY

A lien claimant sought reconsideration, arguing their lien for medical-legal services was not addressed by the WCJ's findings. The WCJ recommended denial, stating the lien was not at issue. However, the lien claimant subsequently withdrew their petition after resolving the claim with the defendant. Therefore, the Workers' Compensation Appeals Board dismissed the petition for reconsideration.

Lien claimantPetition for reconsiderationWorkers' Compensation Appeals BoardFurther Findings and Award & OrderFurther Findings and OrderMedical-legal servicesWCJDismissedResolved lien claimFriedman Psychiatric Medical Group
References
0
Case No. OAK 304523
Regular
Aug 16, 2007

SHERRYL ENOS vs. J.C. PENNY, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration to reverse a finding of 50% apportionment of permanent disability. The Board found that the Agreed Medical Examiner's apportionment opinion lacked substantial medical evidence, specifically failing to explain the causation in terms of reasonable medical probability. Consequently, the Board awarded 44% permanent disability with no apportionment and deferred the EDD lien.

Workers' Compensation Appeals BoardIndustrial InjuryHairdresserRight Foot InjuryPermanent DisabilityApportionmentSubstantial Medical EvidenceAgreed Medical ExaminerPes PlanusObesity
References
10
Showing 1-10 of 20 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational