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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. MISSING
Regular Panel Decision

In re Yovanny L.

This case addresses the accuracy of court interpreter translations in a juvenile delinquency proceeding. The Assistant Corporation Counsel moved to strike the complainant's testimony, alleging significant errors by the court-appointed Mandarin interpreter. After conducting a hearing and considering testimony from both the Assistant Corporation Counsel and the interpreter, the court acknowledged that some minor errors in translation and interpreter conduct occurred. However, the court ultimately found these errors to be isolated instances and not sufficiently serious or pervasive to cause major prejudice to any party. Consequently, the drastic remedy of striking the testimony and starting anew was denied, and the trial was ordered to resume with a different Mandarin interpreter.

Juvenile DelinquencyCourt InterpretersTranslation AccuracyDue Process RightsEvidentiary MotionTestimony AdmissibilityMandarin LanguageFamily Court ProcedureJudicial ReviewProcedural Errors
References
7
Case No. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
Case No. 2022 NY Slip Op 00228 [201 AD3d 1164]
Regular Panel Decision
Jan 13, 2022

Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor)

This case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from decisions by the Unemployment Insurance Appeal Board. The Board determined that Fausto Debora, a linguist, was an employee of LIS and that LIS was liable for unemployment insurance contributions. The Appellate Division, Third Department, affirmed the Board's finding, concluding that substantial evidence supported the existence of an employment relationship. The court noted that LIS exercised sufficient control over its linguists by screening qualifications, negotiating pay, and assigning jobs, despite some flexibility offered to the linguists. The decision also dismissed LIS's argument regarding Department of Labor guidelines, stating no inconsistency was found with established common-law tests for employment.

Unemployment InsuranceEmployment RelationshipIndependent ContractorAppellate ReviewSubstantial EvidenceLinguist ServicesControl TestDepartment of Labor GuidelinesEmployer LiabilityStatutory Interpretation
References
10
Case No. ADJ779198 (SJO 0267719)
Regular
Nov 19, 2010

EVELIN GARCIA vs. SERVICE PERFORMANCE CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

The WCAB granted reconsideration and reversed a prior award for interpreting services, finding the lien claimant failed to meet its burden of proof. The claimant did not demonstrate the interpreting services were reasonable, necessary, or provided by qualified interpreters. Crucially, the medical provider's office advertised Spanish-speaking staff, and the doctor himself spoke Spanish, negating the necessity for external interpretation services. Therefore, the lien for interpreter fees was disallowed.

WCABReconsiderationLien ClaimantInterpreting ServicesQualified InterpreterReasonablenessNecessityBurden of ProofLabor Code Section 4600Labor Code Section 5811
References
5
Case No. ADJ1781281 (MON 0350482) ADJ4191242 (MON 0350483)
Regular
Aug 11, 2011

ANGEL ACOSTA vs. GUILDCRAFT FURNITURE MANUFACTURING COMPANY, AMERICAN CASUALTY

This case involves a lien claimant seeking payment for interpreting services provided to an injured worker. The Workers' Compensation Appeals Board affirmed the WCJ's decision to disallow the lien claimant's claim for $25,573.00. The Board found that the lien claimant failed to meet its burden of proof to establish that the interpreting services were reasonably necessary, that the interpreters were qualified, and that the fees were reasonable. Crucially, no evidence was presented demonstrating a need for an interpreter for effective doctor-patient communication or that the interpreters were certified as required by law.

Lien claimantInterpreting servicesQualified interpreterBurden of proofReasonableness of feesIndustrial injuryMedical treatmentLabor Code section 4600(f)Compensable servicesWorkers' compensation administrative law judge
References
6
Case No. ADJ7658730
Regular
Mar 27, 2014

Maria Perez vs. TS STAFFING, LUMBERMEN'S UNDERWRITING ALLIANCE

This case concerns a lien claim for interpretation services provided by Santana, Lopez & Associates, LLC. The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, finding that Santana failed to prove its interpreters were "qualified" for 14 medical appointments. The interpreters for these appointments were neither certified nor provisionally certified, nor were they documented as provisionally utilized by the treating physician, thus invalidating the lien for those services. Consequently, Santana is not entitled to further payment on its lien.

Santana Lopez & AssociatesLumbermen's Underwriting Alliancequalified interpretercertified interpreterprovisionally certifiedGovernment Code section 11435.55Labor Code section 4622Labor Code section 4603.2(b)Labor Code section 5813Administrative Director's Rule 9795.1
References
1
Case No. ADJ1157715
Regular
Oct 03, 2011

CRISTOBAL SALINAS vs. MEDWAY PLASTICS CORPORATION, PACIFIC COMP CLAIM

This case involves a lien claimant seeking reimbursement for translation services provided to a workers' compensation applicant. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended the original order to allow reimbursement for interpreter services on one specific date, May 31, 2006. The WCAB clarified that reimbursement is not conditioned on the physician's report constituting "substantial evidence" if services were actually provided by a qualified interpreter, distinguishing this from prior disallowances where service provision was unsubstantiated. The WCAB adopted the trial judge's reasoning for most disallowances while clarifying the legal standard for reimbursement of interpreter services.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderAdministrative Law JudgeTranslation ServicesNon-Certified InterpretersStatutory RateSubstantial EvidenceGuitron v. Santa Fe Extruders
References
1
Case No. ADJ3564079 (SDO 0254307)
Regular
Sep 07, 2011

RAUL PEREZ vs. USA WASTE SERVICES, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Langlink Interpreters, Inc. (LC) regarding their $\$5,175$ lien for interpreter services. The original judge disallowed the lien, citing lack of proof of necessity, availability of bilingual staff, and pre-authorization. The Board rescinded the original order, returning the case for further proceedings, and established that employers must provide reasonably required interpreter services under Labor Code section 4600. LC now bears the burden to prove services were reasonably required, provided, qualified, and reasonably priced, as per the *Guitron* decision.

Workers' Compensation Appeals Boardlien claimantinterpreter servicesmedical treatmentLabor Code section 4600burden of proofreasonably requiredstipulated Awardpermanent disabilityindustrial injury
References
1
Case No. MISSING
Regular Panel Decision

Concerned Home Care Providers, Inc. v. State

The case concerns a challenge by home care service agencies and a trade association (petitioners) to New York's Wage Parity Law (Public Health Law § 3614-c). This law conditions Medicaid reimbursement for home health care services in the metropolitan New York area on agencies paying home care aides a minimum wage, determined by reference to New York City's Living Wage Law. Petitioners argued the law was unconstitutional due to improper delegation of legislative authority, violation of the "incorporation by reference" clause, and violation of home rule provisions. They also challenged the Department of Health's (DOH) interpretation of "total compensation." The Supreme Court granted summary judgment to the respondents (DOH), and the appellate court affirmed, finding no improper delegation, no violation of the incorporation by reference clause, home rule provisions inapplicable as Medicaid is a state concern, and DOH's interpretation of "total compensation" to be rational.

Wage Parity LawHome Health Care ServicesMedicaid ReimbursementConstitutional LawLegislative AuthorityNew York City Living Wage LawHome RuleDue ProcessDepartment of HealthStatutory Interpretation
References
27
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