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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

Smith v. Devane

The case concerns a petitioner who, in 1994, received a deferred adjudication for aggravated sexual assault of a child in Victoria County, Texas, requiring lifelong sex offender registration in Texas. After moving to New York, the Board of Examiners of Sex Offenders and the Division of Criminal Justice Services required him to register under New York's Sex Offender Registration Act (SORA). The petitioner challenged this requirement, arguing that a deferred adjudication in Texas is not a 'conviction' under Texas law and thus should not trigger registration in New York. Supreme Court dismissed his petition, and the petitioner appealed. The appellate court affirmed, holding that a guilty plea, even with a deferred adjudication, constitutes a 'conviction' under New York law for SORA purposes, aligning with the legislative intent of public protection.

Sex Offender Registration Act (SORA)Deferred AdjudicationGuilty PleaNew York LawTexas LawInterstate RegistrationCorrection LawCPLR Article 78Public ProtectionRecidivism
References
29
Case No. MISSING
Regular Panel Decision
Oct 04, 2004

People v. Arotin

The case concerns an appeal by an unnamed defendant against an order from the Saratoga County Court, which classified him as a risk level III sex offender under New York's Sex Offender Registration Act. The defendant, previously convicted in Ohio for attempted gross sexual imposition and classified as a "sexually oriented offender," contested the New York classification upon his relocation, arguing the Full Faith and Credit Clause should compel New York to recognize his lower Ohio classification and that the evidence was insufficient for a Level III designation. The appellate court affirmed that states have the power to apply their own registration requirements, rejecting the Full Faith and Credit argument. However, it found that specific factors used to justify the level III classification, namely "deviate sexual intercourse" and "history of substance abuse," lacked clear and convincing evidence. Consequently, the appellate court reversed the order and remitted the matter to the County Court for reclassification.

Sex Offender Registration ActRisk Level ClassificationFull Faith and Credit ClauseRecidivismSexually Oriented OffenderAppellate ReviewClear and Convincing EvidenceOhio LawNew York LawSex Offender Assessment
References
19
Case No. ADJ89 12546
Regular
Apr 18, 2016

CARLOS CASTRO, CARLOS CASTRO VICENTE vs. MURANAKA FARMS, ZENITH INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration regarding a lien claimant's copy service fees. The Appeals Board previously granted the lien claimant's petition, finding they were exempt from photocopier registration requirements. This exemption was based on precedent holding that such registration is not required when the lien claimant is an independent contractor of an attorney providing services related to medical-legal expenses. The defendant's petition was denied as the prior en banc decision remains binding precedent.

Workers' Compensation Appeals BoardLien ClaimantProfessional Photocopier RegistrationBusiness and Professions Code Section 22450Business and Professions Code Section 22451Medical-Legal ExpensesLabor Code Section 4620State Bar MemberIndependent ContractorCornejo v. Younique Café
References
2
Case No. ADJ9351964 ADJ9351965
Regular
Apr 13, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFE INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed its prior decision, holding that Business and Professions Code section 22451(b) exempts agents and independent contractors of attorneys from registration requirements for photocopying services, even when compensated. This exemption applies to lien claimants like Western Imaging Services, Inc., when they act as authorized representatives of an attorney. The Board rejected the defendant's argument that the exemption should be narrowly construed to exclude compensated photocopiers. Therefore, proof of compliance with registration and bonding provisions was not required for the lien claimant to recover copy service fees.

Workers' Compensation Appeals BoardYounique Cafe Inc.Zenith Insurance CompanyWestern Imaging Services Inc.Rogelio CornejoMedical-Legal ExpensesLabor Code Section 4620(a)Business and Professions Code Chapter 20Business and Professions Code Section 22451(b)Agent
References
9
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. ADJ8788327
Regular
Jan 11, 2016

VIVIAN BRAMBILA vs. MAYFIELD JUNIOR HIGH SCHOOL, OAK RIVER INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration of a prior decision that disallowed a lien claim by Western Imaging Services, Inc. (WIS) for photocopying services. The prior decision found WIS was not an independent contractor under Business and Professions Code Section 22451. However, the Board reversed this, applying its en banc decision in *Cornejo v. Younique Café, Inc.*. This new precedent establishes that copy service fees for medical-legal expenses are exempt from registration and bonding requirements if the claimant acts as an agent or independent contractor of a State Bar member. WIS presented evidence establishing such a relationship with applicant's attorney, making the registration requirements inapplicable. The case is returned to the trial level for further proceedings on WIS's lien.

Western Imaging ServicesBusiness and Professions Code Section 22451independent contractoragentState Barphotocopyinglien claimantmedical-legal expensesLabor Code section 4620(a)registration and bonding requirements
References
4
Case No. MISSING
Regular Panel Decision
Apr 27, 2004

People v. S.G.

This case involves a judicial determination of a defendant's Sex Offender Registration Act (SORA) duration of registration and level of notification, following her conviction for promoting prostitution. The Board of Examiners of Sex Offenders recommended a Level 2 designation, but the People failed to provide timely notice of their intent to seek a different determination, thus waiving their right to argue for higher points. The court assessed 45 points based on various risk factors, resulting in a presumptive Level 1 sex offender classification, contrary to the Board's Level 2 recommendation. Even if a Level 2 designation were reached, the court found significant mitigating factors, such as the defendant's remorse, educational achievements, and participation in rehabilitation programs while incarcerated, justifying a downward departure to Level 1. Ultimately, the court designated the defendant a Level 1 sex offender, requiring a 10-year registration period, and found no basis for lifetime registration.

Sex Offender Registration Act (SORA)Risk AssessmentLevel 1 Sex OffenderPromoting ProstitutionCorrection Law § 168-nForcible CompulsionAccessorial LiabilityDownward DepartureMitigating FactorsDue Process
References
9
Case No. MISSING
Regular Panel Decision
Jan 14, 2010

Natural Resources Defense Council v. United States Environmental Protection Agency

The Natural Resources Defense Council and the Xerces Society (plaintiffs) sued the United States Environmental Protection Agency (defendant) and intervenor Bayer CropScience, challenging the EPA's registration of the insecticide spirotetramat. Plaintiffs alleged procedural and substantive deficiencies, primarily that the EPA failed to publish notice of applications, invite public comment, and publish registration decisions as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court found the EPA had indeed committed serious procedural errors. Despite arguments from the EPA and Bayer against vacatur, the court decided to vacate the EPA's approvals of spirotetramat registrations and remanded the matter for further proceedings consistent with FIFRA and the Administrative Procedure Act.

Environmental LawInsecticide RegulationFIFRAAPAAdministrative LawNotice and CommentAgency ActionVacaturRemandSpirotetramat
References
21
Case No. MISSING
Regular Panel Decision

Chemical Specialities Manufacturers Ass'n v. Jorling

This case addresses whether the Commissioner of Environmental Conservation has the authority to regulate and restrict the sale, use, or distribution of products containing high concentrations of the pesticide DEBT. Petitioners, including manufacturers and users of such products, challenged the regulation. The court concluded that the Commissioner possesses the statutory authority under ECL 33-0303 (3) (d) to promulgate such a regulation, finding a rational basis for restricting DEBT concentrations due to documented adverse health impacts. The court also clarified that the Commissioner's rule-making authority is distinct from pesticide registration processes and that while the regulation is valid, it does not automatically cancel existing product registrations, which would require separate action under ECL 33-0713. The judgment of the Supreme Court, which had annulled the regulation, was modified, upholding the regulation's validity but clarifying its effect on existing registrations.

Pesticide RegulationEnvironmental LawAdministrative LawRule-Making AuthorityStatutory InterpretationDEBT PesticidePublic HealthRegistration CancellationNew York Environmental Conservation LawRational Basis Review
References
9
Case No. 532851
Regular Panel Decision
Jul 07, 2022

In the Matter of the Claim of Maria Fierro-Switzer (William Switzer, Dec'd)

Claimant Maria Fierro-Switzer appealed a Workers' Compensation Board decision that disallowed her claim for death benefits. Her deceased spouse, William Switzer, a retired New York City firefighter, volunteered at Ground Zero after the September 2001 terrorist attacks and later died from metastatic kidney cancer. Claimant alleged that his death was caused by toxic exposure during his volunteer work. A Workers' Compensation Law Judge (WCLJ) and the Board disallowed the claim, finding that Article 8-A of the Workers' Compensation Law, which covers volunteers in World Trade Center rescue efforts, requires the participant to file a WTC-12 registration form during their lifetime. As the decedent did not file this form, the claim under Article 8-A was denied. The court affirmed the Board's decision, stating that despite the independence of a death benefits claim from the decedent's potential compensation claim, there must be a legal basis for the claim and an entity upon which liability may be imposed. Since the decedent was a volunteer at the time of exposure, no claim could lie under Workers' Compensation Law § 16, which requires injuries to arise out of and in the course of employment. The decedent's sole potential avenue for recovery would have been under Article 8-A, which was precluded by the failure to file the required WTC-12 form during his lifetime.

World Trade Center9/11 AttacksGround ZeroVolunteer BenefitsDeath Benefits ClaimWorkers' Compensation Law Article 8-AWTC-12 Registration FormToxic ExposureRenal Cell CarcinomaAppellate Division
References
9
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