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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

Claim of Oppedisano v. Randall Electric, Inc.

Claimant, a journeyman electrician employed by Randall Electric, Inc., sought workers’ compensation benefits due to chemical and fume exposure. Randall Electric, Inc. argued for apportionment of liability, claiming Buckbee-Mears Cortland (BMC) was a special employer. The Workers’ Compensation Board ruled against a special employment relationship, designating Randall as the sole employer. Randall appealed this decision. The appellate court affirmed the Board's finding, concluding that there was substantial evidence that BMC did not assume control over the claimant's work, thus failing to establish a special employment relationship.

special employmentworkers' compensation benefitsemployer liabilityapportionment of liabilitycontrol testappellate reviewjourneyman electricianchemical exposureWorkers’ Compensation Board
References
3
Case No. 2025 NY Slip Op 03046 [238 AD3d 998]
Regular Panel Decision
May 21, 2025

Gaudreau v. Cucuzzo

The plaintiff, David Gaudreau, appealed an order granting summary judgment to Randall Provisions, Inc., dismissing the complaint against it. The personal injury action arose from a motor vehicle collision involving the plaintiff and Vincent N. Cucuzzo, who worked for Randall. The central legal question was whether Cucuzzo was an employee or an independent contractor, crucial for establishing Randall's vicarious liability under the doctrine of respondeat superior. The Supreme Court had initially found Cucuzzo to be an independent contractor and granted summary judgment. However, the Appellate Division reversed this decision, determining that Randall failed to present sufficient evidence to eliminate all triable issues of fact regarding Cucuzzo's employment status, noting conflicting evidence on control and compensation.

Respondeat SuperiorVicarious LiabilityIndependent ContractorEmployee StatusSummary JudgmentMotor Vehicle CollisionPersonal InjuriesTriable Issues of FactAppellate ReviewEmployment Law
References
15
Case No. ADJ8231983
Regular
May 08, 2014

RANDALL SCHWALM vs. CHANNEL TECHNOLOGIES INC., STATE COMPENSATION INSURANCE FUND

Defendant Channel Technologies Inc. filed a Petition for Removal regarding an Order to Appear issued by the judge. However, the defendant subsequently withdrew this petition. Therefore, the Workers' Compensation Appeals Board dismissed the Petition for Removal as requested.

Petition for RemovalOrder to AppearWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedWithdrawnDefendantApplicantChannel Technologies Inc.State Compensation Insurance Fund
References
0
Case No. MISSING
Regular Panel Decision

Ecklund v. Comm'r of Soc. Sec.

Plaintiff Randall Ecklund sought judicial review of the Social Security Commissioner's decision to deny him disability insurance benefits for a specific period, alleging disability due to bilateral shoulder and lumbar spine injuries. An Administrative Law Judge (ALJ) initially awarded benefits from February 1, 2016, but found Plaintiff not disabled prior to that date. The District Court affirmed the Commissioner's final decision, granting the Commissioner's motion for judgment on the pleadings and denying Plaintiff's motion. The Court concluded that the ALJ's findings were supported by substantial evidence and free from legal error, specifically upholding the ALJ's evaluation of medical opinions and credibility assessment.

Social Security ActDisability Insurance BenefitsAdministrative Law JudgeResidual Functional CapacityTreating Physician RuleCredibility AssessmentSubstantial Evidence ReviewShoulder InjuryLumbar Spine InjuryMedical Opinion Evaluation
References
30
Case No. ADJ6676965
Regular
Feb 18, 2014

RANDALL GODFREY vs. SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY

This case involves Randall Godfrey's workers' compensation claim against the San Diego Chargers for cumulative trauma injuries sustained as a professional football player. The Appeals Board granted reconsideration, rescinded the original award, and returned the case for further development of the medical record regarding apportionment of disability. Both medical experts' reports were deemed insufficient to establish apportionment of the applicant's permanent disability. The Board also deferred the determination of an additional 15% permanent disability award for failure to offer work.

Cumulative traumaApportionmentSpecific injuryPermanent disabilityAgreed Medical ExaminerLabor Code section 4658Medical evidenceQualified Medical EvaluatorWhole Person ImpairmentIndustrial injury
References
7
Case No. 2019 NY Slip Op 07763 [176 AD3d 1160]
Regular Panel Decision
Oct 30, 2019

Bruno v. T-Mobile, USA, Inc.

The plaintiff, Randal Bruno, a maintenance technician, sustained injuries when he tripped on a "step-over" on a roof leased by T-Mobile, USA, Inc. He initiated a consolidated action against T-Mobile and its predecessor, Omnipoint Communications, Inc., alleging common-law negligence and violations of Labor Law § 200. The Supreme Court, Kings County, granted summary judgment to the defendants, dismissing these causes of action. The Appellate Division, Second Department, affirmed the lower court's decision, concluding that the defendants established prima facie that the step-over was not a dangerous condition and that they lacked actual or constructive notice of any defect. The court further determined that the plaintiff's expert affidavit, relying on inapplicable code provisions, was insufficient to create a triable issue of fact.

Premises liabilitySummary judgmentNegligenceLabor Law § 200Appellate DivisionDangerous conditionNotice requirementPersonal injuryWorkplace accidentAffirmed decision
References
7
Case No. ADJ1958851
Regular
Feb 27, 2017

RANDALL YOUNG vs. MEDIA SERVICE, CIGA by SEDGWICK CMS, LEGION INSURANCE, NEW LINE CINEMA, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding New Line Cinema liable for applicant Randall Young's injuries. The Board gave great weight to the Administrative Law Judge's (ALJ) credibility determination, finding Young's testimony regarding New Line Cinema's control and direction of his work more credible. The defense of laches was also rejected, as the petitioner failed to demonstrate prejudice from any alleged delay. The Board concluded that the petitioner did not provide sufficient evidence to establish prejudice, particularly regarding witness testimony and the potential relevance of his records.

CIGASEDGWICK CMSFIREMAN'S FUND INSURANCE COMPANYWorkers' Compensation Appeals BoardWCJcredibility determinationsMinutes of Hearing and Summary of EvidenceMOH/SOElachesequitable doctrine
References
12
Case No. 2023 NY Slip Op 03275 [217 AD3d 1168]
Regular Panel Decision
Jun 15, 2023

Matter of Jazmyne VV.

This case involves an appeal by Jazmyne VV. from an order of the Family Court of Cortland County, which adjudicated her a Person in Need of Supervision (PINS). The principal of Randall Middle School, Juliann Quinn, filed the PINS petition due to Jazmyne's habitual truancy and disobedient behavior. Jazmyne argued that the PINS petition was jurisdictionally defective, citing the absence of a manifestation determination hearing and the Probation Department's failure to provide its case record to Family Court. The Appellate Division, Third Department, affirmed the Family Court's order, concluding that a manifestation determination hearing was not warranted as Jazmyne was not a special education student at the time, the record was made available to the court, and the petition adequately detailed diversion efforts.

PINSTruancySpecial Education Student StatusManifestation Determination HearingDiversion ServicesFamily Court Act Article 7Appellate ReviewJurisdictional DefectsCortland CountySchool Discipline
References
12
Case No. MISSING
Regular Panel Decision

Randall v. Toll

Petitioner, a senior financial secretary at SUNY Stony Brook, was suspended without pay under Civil Service Law section 75 following charges of misappropriation. He challenged the suspension, arguing it violated his Fourteenth Amendment due process rights by denying a pre-suspension hearing. The court evaluated the constitutionality of Civil Service Law section 75(3), which permits temporary suspension without pay pending charge determination. It concluded that the state's interest did not justify postponing a hearing, especially since the petitioner had been reassigned from his sensitive role. Consequently, the court vacated the suspension and ordered the petitioner's immediate reinstatement, emphasizing the necessity of a prior hearing for public employee suspensions.

Due ProcessFourteenth AmendmentCivil Service LawPublic Employee RightsSuspension Without PayPre-Suspension HearingGovernmental InterestProperty RightsReinstatementMisconduct Charges
References
4
Case No. ADJ2352341 (VNO 0508022)
Regular
Oct 13, 2009

RANDALL NEITZKE vs. COUNTY OF LOS ANGELES

The Appeals Board affirmed the WCJ's decision that the applicant sustained an industrial injury and is entitled to permanent disability indemnity, but reversed the WCJ's allowance of credit for overpayment of TDI due to waiver.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityMedical TreatmentDeputy Sheriff2005 Schedule1997 ScheduleLabor Code § 4660(d)ApportionmentTemporary Disability Indemnity (TDI)
References
1
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