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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

In re Ronald M.

The Erie County Department of Social Services (DSS) obtained temporary custody of Ronald M., Jr. based on a neglect petition alleging the mother's mental illness and substance abuse, and a prior neglect adjudication for an older sibling. At trial, the evidence from a child protective worker, a psychiatrist, and a nurse was deemed insufficient to prove current neglect. The Family Court granted the respondents' motions to dismiss. On appeal, DSS solely relied on the principle that prior neglect of one child is admissible to prove neglect of another, but the appellate court found this insufficient to sustain a neglect finding given the 16-month gap since the prior order and a lack of proof of non-compliance or new concerning behavior by the parents. The order dismissing the neglect petition was unanimously affirmed.

Child NeglectFamily LawAppellate CourtSufficiency of EvidencePrior AdjudicationParental FitnessChild Protective ServicesDomestic ViolenceMental Health IssuesSubstance Abuse History
References
2
Case No. MISSING
Regular Panel Decision
Nov 21, 1988

In re James P.

This case involves a child protective petition filed against Ronald J. and Vivian P. concerning three children: James P., Ronald J., Jr., and Shaila J. The Family Court in New York County initially dismissed the petition. However, the appellate court reversed this dismissal, reinstating the petition and making new findings. Specifically, it found that James P. is an abused child by Ronald J., and James P., Ronald J., Jr., and Shaila J. are neglected children by Vivian P. The matter was remanded for a dispositional hearing before a different judge. The decision highlights the importance of corroborating out-of-court statements made by children regarding abuse or neglect, supported by expert testimony.

child protective petitionchild abusechild neglectsexual abusefamily courtappellate reviewcredibility of witnessesexpert testimonycorroborationremand
References
2
Case No. 2014 NY Slip Op 05293 [119 AD3d 718]
Regular Panel Decision
Jul 16, 2014

Caiazzo v. Mark Joseph Contracting, Inc.

Ronald Caiazzo, Jr. sued Mark Joseph Contracting, Inc., Julia Coen, and Ana Reyes for personal injuries sustained while installing an air conditioning system at a house owned by Julia Coen. Caiazzo fell from a makeshift step, alleging violations of Labor Law §§ 200, 240(1), 241(6) and common-law negligence. The Supreme Court initially granted summary judgment dismissing certain claims. On appeal, the Appellate Division affirmed the dismissal of Labor Law §§ 200, 240(1), and 241(6) claims against Mark Joseph Contracting, Inc., and Labor Law §§ 240(1) and 241(6) claims against Julia Coen, citing the homeowner exemption for Coen. However, the court reversed the denial of summary judgment to Mark Joseph Contracting, Inc. on the common-law negligence claim, granting dismissal. The denial of summary judgment for Julia Coen on Labor Law § 200 and common-law negligence was affirmed, as triable issues of fact remained regarding her notice of a dangerous condition.

Personal InjuryLabor LawConstruction SiteSummary JudgmentCommon-law NegligenceElevated Work SiteDangerous ConditionHomeowner ExemptionAppellate ReviewSuffolk County
References
25
Case No. MISSING
Regular Panel Decision

Knauer v. Anderson

This case involves an appeal by third-party defendant Ronald A. Knauer, Jr., doing business as Knauer Electric, from a judgment entered on December 5, 2002. The judgment had awarded plaintiff money damages and granted motions by defendants-third-party plaintiffs Diane L. Anderson and B.T.S. Services, Inc. for a directed verdict on common-law indemnification against Knauer Electric. The primary issue on appeal was the interpretation of "grave injury" within Workers’ Compensation Law § 11, specifically the meaning of "permanent total disability." The appellate court affirmed the judgment, concluding that "permanent total disability" refers to total disability from employment, aligning with the Third Department's interpretation in Way v Grantling. The court exercised its discretion to review the directed verdict despite an abandoned prior appeal.

Grave InjuryPermanent Total DisabilityWorkers' Compensation Law § 11Common-Law IndemnificationAppellate Review StandardDirected VerdictStatutory InterpretationJudicial DiscretionErie CountyThird-Party Liability
References
6
Case No. CA 10-02491
Regular Panel Decision
Mar 16, 2012

LUCAS, RONALD, MTR. OF

This case involves an appeal from a judgment confirming two arbitration awards. The first award found that the respondents violated a collective bargaining agreement (CBA) by disregarding a binding past practice where the most senior caulker supervisor was offered the right of first refusal for an acting-time position. The second award directed the respondents to pay Donald Mackowiak $54,282.71 and Ronald French $1,094.99 in back pay and lost overtime for their failure to provide this right. The respondents argued on appeal that the awards violated Civil Service Law §§ 61(2) and 64(2), were against public policy, speculative, irrational, and exceeded the arbitrator's power. The Appellate Division affirmed the judgment, holding that the awards did not violate the Civil Service Law, as temporary appointments under § 64(2) do not require emergency situations. The court also found no public policy violation, citing an employer's ability to limit its discretion by agreement or established past practice, especially when safety is not a concern. The damages were deemed non-speculative, and the awards were found to be rational and within the arbitrator's authority, supported by evidence of a past practice.

Arbitration AwardCollective Bargaining AgreementCivil Service LawPublic Policy ChallengeWaiver of DiscretionPast Practice DoctrineActing-Time PositionRight of First RefusalDamages for Lost WagesAppellate Division
References
11
Case No. ADJ8841436
Regular
Jul 11, 2014

RONALD LAWRENCE vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Ronald Lawrence's petition for reconsideration of the denial of his back injury claim. The Workers' Compensation Judge found Lawrence not credible, citing inconsistencies in his account of the injury. The medical records were ambiguous and the judge gave great weight to his credibility determination, adopting the judge's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityBurden of ProofDisputed InjuryTestimonial EvidenceMedical RecordsLabor CodeAdmissibility of Evidence
References
1
Case No. CV-23-0674
Regular Panel Decision
Jun 20, 2024

In the Matter of the Claim of Ronald Winkelman

Ronald Winkelman, a claimant in a workers' compensation case, sustained work-related injuries in 2000 and 2018. Following the 2018 injury, he received treatment and was assessed with a temporary partial disability, leading to lifting restrictions. After his employer could not accommodate these restrictions and terminated him, Winkelman secured per diem employment. The employer and its carrier alleged a violation of Workers' Compensation Law § 114-a, claiming Winkelman made false statements regarding his work activities while receiving benefits. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board found no such violation, concluding that Winkelman's activities, including assisting his spouse, did not exceed his medical restrictions. The Board also determined that Winkelman was entitled to a reduced earnings award, finding he demonstrated attachment to the labor market. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding it supported by substantial evidence and noting the Board's role as the sole arbiter of witness credibility.

Workers' Compensation Law § 114-aFraud AllegationReduced Earnings AwardTemporary Partial DisabilityIndependent Medical ExaminationBoard Decision AffirmationWitness CredibilitySubstantial EvidenceAppellate ReviewLabor Market Attachment
References
14
Case No. OP 14-00510
Regular Panel Decision
Nov 14, 2014

EISENHAUER, JR.,, ROSCOE A. v. COUNTY OF JEFFERSON

Petitioner Roscoe A. Eisenhauer, Jr. initiated a proceeding under EDPL 207 to challenge the County of Jefferson's determination to condemn real property for expanding a public airport runway. The petitioner contended that the respondent failed to demonstrate an actual public use or benefit for the taking and that the taking was excessive. The court rejected these contentions, affirming that a public benefit existed and that the condemnor has broad discretion in determining the scope of the taking. The petitioner also argued that the respondent did not comply with EDPL 207 (4) and SEQRA, but the court found no error in the respondent's environmental review process. Consequently, the Appellate Division confirmed the respondent's determination and dismissed the petition.

Eminent DomainPublic UseCondemnationAirport ExpansionJudicial ReviewSEQRA ComplianceEnvironmental LawProperty RightsAppellate DivisionGovernmental Discretion
References
16
Case No. 535730
Regular Panel Decision
Apr 18, 2024

In the Matter of the Claim of Joseph Birro Jr.

Claimant Joseph Birro Jr., a roofer, appealed a Workers' Compensation Board decision that ruled apportionment did not apply to his workers' compensation award. Birro had two established work-related injury claims, one in 2006 and another in 2015, while working for Wolkow-Braker Roofing Corp. The 2006 claim, with State Insurance Fund as the carrier, resulted in an 18.75% schedule loss of use for his left leg. The 2015 claim, with New Hampshire Insurance Company as the carrier, led to Birro being classified as permanently partially disabled with a 59% loss of wage-earning capacity after surgeries. Initially, a Workers' Compensation Law Judge apportioned liability between the two claims, but the Board rescinded this. After further medical opinion, the WCLJ apportioned 80% to 2006 and 20% to 2015. The Board then modified this, finding apportionment inapplicable and placing full liability with New Hampshire for the 2015 claim. The Appellate Division affirmed the Board's decision, finding that the Board properly rejected the sole medical opinion on apportionment because its conclusions were not supported by the record, considering Birro continued working after the 2006 injury and did not have surgery until after the 2015 incident.

Workers' Compensation AppealApportionmentMedical Opinion RejectionSubstantial EvidencePermanent Partial DisabilitySchedule Loss of UseWork-Related InjuryOccupational HazardRooferAppellate Review
References
12
Case No. ADJ7590235
Regular
Sep 19, 2013

RONALD SMALLWOOD, JR. vs. D. BEST & SONS TRUCKING, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration filed by a lien claimant which the Workers' Compensation Appeals Board (WCAB) dismissed. The WCAB found the petition untimely, as it was filed more than 25 days after the July 3, 2013 Order, exceeding the statutory limit for filing reconsideration. Furthermore, the petition was dismissed for failing to meet the verification requirement under Labor Code section 5902. The WCAB adopted and incorporated the administrative law judge's report and recommendation in its decision.

Petition for ReconsiderationUntimelyDismissalLien ClaimantLabor Code Section 5903Code of Civil Procedure Section 1013VerificationLabor Code Section 5902Workers' Compensation Appeals BoardWCJ
References
2
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