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

Case No. 708648/15
Regular Panel Decision
Jan 14, 2026

Rojas v. 616 First Ave., LLC

Plaintiff Victor Rojas was injured after falling nine feet on a construction project when a piece of wood shifted, despite wearing a self-retracting lifeline that extended too far. Rojas and his wife sued 616 First Avenue, LLC (owner) and JDS Construction Group, LLC (general contractor) under Labor Law §§ 240(1) and 241(6). The Supreme Court granted Rojas's motion for summary judgment on liability and denied the defendants' cross-motion to dismiss. The Appellate Division affirmed both orders, finding Rojas established prima facie entitlement to judgment due to inadequate safety equipment and a violation of 12 NYCRR 23-1.16(b), which mandates fall distance not exceeding five feet. The court also upheld JDS's designation as a general contractor based on its contractual duties.

Labor LawWorkplace SafetyConstruction AccidentSummary JudgmentAppellate ReviewFall from HeightSafety DevicesGeneral Contractor LiabilityOwner LiabilityIndustrial Code Violation
References
13
Case No. 2018 NY Slip Op 02194
Regular Panel Decision
Mar 28, 2018

Rojas v. 1000 42nd St., LLC

Josefina Rojas, a cleaner, sued 1000 42nd Street, LLC, the owner of a multi-tenant residential building in Brooklyn, for personal injuries after allegedly slipping and falling on cardboard in the basement while performing her duties on September 21, 2014. The Supreme Court, Kings County, denied the defendant's motion for summary judgment. However, the Appellate Division, Second Department, reversed the lower court's order and granted the defendant's motion. The Appellate Division held that the risk of slipping on cardboard was inherent in the plaintiff's work, which involved cleaning and removing garbage from the basement. The court affirmed that a landowner's duty to a worker is to provide a safe place to work, but not to guard against hazards inherent in the worker's specific tasks or those readily observable, thereby finding the defendant established its prima facie entitlement to judgment as a matter of law.

premises liabilityslip and fallsummary judgmentlandowner dutysafe place to workinherent hazardcleaning workerappellate divisionreversalnegligence
References
7
Case No. MISSING
Regular Panel Decision

Rojas v. Roman Catholic Diocese of Rochester

Plaintiff Sandra Rojas sued the Diocese of Rochester and Pastor Peter Enyan-Boadu, alleging hostile environment discrimination and retaliation based on sex under Title VII and the New York Human Rights Law, along with state common-law claims for assault and battery. Rojas, employed as a Coordinator for Hispanic Migrant Ministry, claimed sexual advances by Enyan-Boadu and subsequent termination after reporting a hostile environment. Defendants moved to dismiss, citing the 'ministerial exception' and insufficient pleading for retaliation. The court denied dismissal under Rule 12(b)(1) for lack of subject matter jurisdiction but granted dismissal of the retaliation claims without prejudice under Rule 12(b)(6), allowing Rojas to amend her complaint.

Employment DiscriminationSexual HarassmentHostile Work EnvironmentRetaliation ClaimsMinisterial Exception DoctrineReligious OrganizationsFirst Amendment RightsRule 12(b)(1) MotionRule 12(b)(6) MotionTitle VII Civil Rights Act
References
32
Case No. ADJ7037475
Regular
Oct 04, 2018

JESUS ROJAS vs. GAY AND LESBIAN COMMUNITY CENTER, INC.; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jesus Rojas's petition for reconsideration, affirming the administrative law judge's award of 81% permanent disability for his admitted industrial spine injury. Rojas argued for 100% permanent disability based on an Agreed Medical Examiner's opinion of inability to return to the labor market and contended apportionment to non-industrial factors was unsubstantiated. The Board found the apportionment to pre-existing congenital stenosis was supported by medical evidence and that the *Hikida* case did not apply as Rojas's disability was not directly caused by the effects of medical treatment necessitated by both industrial and non-industrial factors. Furthermore, the Board held that Labor Code section 4662(b) does not create an independent pathway to permanent total disability.

Petition for ReconsiderationFindings of Fact and AwardPermanent DisabilityApportionmentAgreed Medical Examiner (AME)Labor Code section 4656Labor Code section 4658Labor Code section 4662(b)Hikida v. Workers' Comp. Appeals. Bd.non-industrial factors
References
2
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. ADJ608971 (SAC 0345754)
Regular
Mar 22, 2010

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Workers Compensation Appeals BoardRogelio RojasAllied Waste Industries IncAmerican Home AssuranceFindings Award and Orderpermanent disabilitypermanent total disabilityLabor Code section 4658(d)(2)state average weekly wageSAWW adjustment
References
3
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. SRO 0135117
Regular
Aug 08, 2007

CARLOS ROJAS vs. OGLETREE'S, STATE COMPENSATION INSURANCE FUND

This case concerns applicant Carlos Rojas's entitlement to temporary disability indemnity following a cervical spine, right shoulder, and right arm injury. The defendant sought to limit payments based on Labor Code section 4656(c)(1), arguing the 104-week period began with the first compensable disability. The Appeals Board affirmed the lower decision, holding that the 104-week limit is triggered by the date of the *first payment* of temporary disability, not the date of the injury or when benefits were initially owed.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityLabor Code section 4656(c)(1)OverpaymentExpedited HearingFindings and OrderTemporary Disability IndemnityCompensable Temporary DisabilityCommencement of Payment
References
1
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
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