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. 2023 NY Slip Op 03322 [217 AD3d 813]
Regular Panel Decision
Jun 21, 2023

Acevedo v. PSM Long Is. Corp.

The plaintiff, Jose Acevedo, appealed an order denying his motion for leave to serve a third supplemental verified bill of particulars and for summary judgment on liability under Labor Law §§ 240 (1) and 241 (6). Acevedo was injured at a construction site when a ladder he was on tilted, causing him to jump onto a plank. The Appellate Division, Second Department, found that Acevedo established a prima facie case for a violation of Labor Law § 240 (1) and that the defendants failed to raise a triable issue of fact regarding the sole proximate cause of his injuries. Consequently, the court modified the lower court's order by granting Acevedo's motion for summary judgment on the Labor Law § 240 (1) claim, and affirmed the order as modified.

Construction Site AccidentLadder FallSummary JudgmentLabor Law ViolationPersonal InjuryAppellate ReviewProximate CauseWhite v 31-01 SteinwaySafety DevicesNondelegable Duty
References
7
Case No. ADJ2954707 (LAO 0811130)
Regular
Aug 14, 2017

MARIA ACEVEDO vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE

This case involves Maria Acevedo's petition for reconsideration before the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed Acevedo's petition as successive because it raised the same issues as a prior petition on which she did not prevail. Established precedent dictates that a party cannot file a second petition for reconsideration unless newly aggrieved or if new evidence was considered. Since no new evidence was presented, the WCAB found the current petition impermissible and therefore dismissed it.

Petition for ReconsiderationSuccessive PetitionNewly AggrievedWrit of ReviewNew EvidenceWorkers' Compensation Appeals BoardWCJPermanente Medical GroupKaiser PermanenteSedgwick CMS
References
5
Case No. MISSING
Regular Panel Decision

Acevedo v. Colvin

Plaintiff Jose Hector Merino Acevedo sought judicial review under 42 U.S.C. § 405(g) of the Commissioner of Social Security's final decision denying his application for Social Security Disability benefits, alleging a back injury. District Judge Elizabeth A. Wolford presided over the case, reviewing the Administrative Law Judge's (ALJ) determination that Plaintiff was not disabled within the meaning of the Social Security Act. The ALJ found that Plaintiff, despite severe impairments of diabetes and degenerative disc disease, retained the residual functional capacity to perform light work, identifying jobs like laundry folder or small product assembler available in the national economy. The court affirmed the Commissioner's decision, concluding it was supported by substantial evidence, notably crediting the observations of physical therapists over the treating orthopedic surgeon's opinion due to the latter's lack of functional assessment and inconsistencies. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's complaint was dismissed with prejudice.

Social Security DisabilityDisability BenefitsAdministrative Law Judge (ALJ)Residual Functional Capacity (RFC)Treating Physician RuleCredibility AssessmentSubstantial EvidenceBack InjuryDegenerative Disc DiseaseDiabetes Mellitus
References
36
Case No. ADJ8996451
Regular
Mar 25, 2016

ROGELIO VELASQUEZ vs. MOLOFSKY BUILDERS, INC., EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the Workers' Compensation Judge's decision. The Judge correctly excluded permanent disability for sleep disturbance as the QME failed to provide an apportionment opinion as required by statute. Furthermore, the Judge properly rejected the QME's *Almaraz/Guzman* rating for the left knee injury, finding it unpersuasive and lacking in specific ADL deficits. Therefore, the Judge's original findings on permanent disability were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportEpworth Scalesleep disturbancepermanent disabilityQualified Medical Evaluator (QME)apportionmentleft knee injuryAlmaraz/Guzman
References
0
Case No. 6:14-cv-06221 EAW
Regular Panel Decision
May 03, 2016

Acevedo v. WorkFit Medical LLC

Plaintiffs Zenaida Acevedo, Kelsie Reed, Joanna Dwyer, and Colleen Pitts, along with opt-in Plaintiff Tracy Slocum, filed a class action lawsuit against WorkFit Medical, LLC, WorkFit Staffing LLC, Delphi Healthcare PLLC, Delphi Hospitalist Services LLC, Dr. C. Jay Ellie, Jr., and Brian Bañas. The plaintiffs alleged violations of the Fair Labor Standards Act (FLSA) and New York state law, including failure to pay overtime wages and provide statutorily required wage notices. The parties engaged in multiple mediation sessions, leading to a settlement agreement of $2,100,000 to resolve both the initial class action and a related retaliation case. The Court granted final approval of the settlement, finding it fair, reasonable, and adequate, and also approved requests for attorneys' fees and costs, enhancement payments to named plaintiffs, and an individual payment to Plaintiff Slocum.

Class ActionFLSAWage and HourOvertime PaySettlement ApprovalAttorneys' FeesIncentive AwardsRetaliation ClaimNew York Labor LawCollective Action
References
28
Case No. ADJ6688237
Regular
Jun 10, 2013

Celina Acevedo vs. William Sanchez-Barrera, UEF

The Workers' Compensation Appeals Board denied reconsideration of a decision that found applicant Celina Acevedo was not an employee of William Sanchez-Barrera. The Administrative Law Judge's (ALJ) credibility finding against the applicant was central to the decision. The ALJ found the applicant's testimony regarding her employment and the severity of her claimed injury lacked credibility, while the defense witness's testimony was deemed credible. Therefore, the board adopted the ALJ's report and recommendations.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingEmployment RelationshipHousekeeperInjury AOE/COEWitness TestimonyEmployment RecordsApplicant Credibility
References
1
Case No. ADJ8822967
Regular
May 26, 2017

ROGELIO ACEVEDO vs. TCI TIRE CENTER, ARCH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Removal filed by TCI Tire Center and its insurer, Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that removal is an extraordinary remedy. The WCAB determined the petitioner failed to demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, the WCAB declined to intervene before a final decision.

Petition for RemovalWorkers' Compensation Appeals BoardExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportDeniedADJ8822967Rogelio Acevedo
References
2
Case No. ADJ9447099
Regular
Nov 09, 2015

ROGELIO MARTINEZ vs. SYSCO VENTURA INC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed Rogelio Martinez's Petition for Reconsideration against Sysco Ventura Inc. and Gallagher Bassett. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of service, and proof of mailing is insufficient; the document must be received by the WCAB within that period. The WCAB found the petition, filed on 09/10/2015, was significantly past the deadline following the WCJ's 07/16/2015 decision.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCABWCJLabor CodeCalifornia Code of RegulationsAdministrative Law JudgeAppeals Board
References
4
Case No. FRE 0159318
Regular
Nov 05, 2007

ROGELIO RODRIGUEZ vs. AMERICAN GRAPE HARVESTERS, STATE COMPENSATION INSURANCE FUND

This case involves Rogelio Rodriguez seeking workers' compensation for injuries to his right arm and psyche. The defendant, American Grape Harvesters and State Compensation Insurance Fund, petitioned for reconsideration of a 100% permanent disability award, arguing insufficient evidence and failure to consider pre-existing factors. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report which found the evidence supported the 100% award and that pre-existing factors were properly addressed.

Workers' Compensation Appeals BoardReconsideration DeniedPermanent DisabilityVocational RehabilitationOrthopedic InjuryPsychiatric DisabilityAgreed Medical ExaminerQualified Medical EvaluatorApportionmentNon-Industrial Factors
References
7
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
5
Showing 1-10 of 52 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