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

Case No. MON 0333042 MON 0333043
Regular
May 01, 2008

JOSE LUIS CASTANEDA vs. SAMY'S CAMERA, INC., ZENITH INSURANCE COMPANY

This case concerns applicant Jose Luis Castaneda's claim for temporary disability benefits following two work-related injuries from Samy's Camera, Inc. The Appeals Board affirmed a prior award limiting temporary disability to two years from commencement, finding that concurrent injuries result in a concurrent application of the two-year cap under Labor Code section 4656(c)(1). This decision aligns with the appellate court's ruling in *Foster v. Workers' Comp. Appeals Bd.*, which held that the 104-week/2-year limitation runs concurrently when independent injuries cause simultaneous temporary disability.

Labor Code section 4656temporary disability indemnitypetition for reconsiderationtwo-year capFoster v. Workers' Comp. Appeals Bd.aggregate disability paymentsconcurrent periodsspecific injurycumulative injuryWCJ
References
1
Case No. MISSING
Regular Panel Decision

Kenyon v. Oneonta City School District

Plaintiff was injured at defendant's high school when a large, heavy door, which had been propped unsecured against a wall by a maintenance worker, fell on her while she was searching for a bathroom. She subsequently commenced a negligence action, alleging the creation of a dangerous condition. The Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability and simultaneously denied defendant's motion for summary judgment. The appellate court affirmed the Supreme Court's decision, concluding that the unsecured door created a dangerous condition as a matter of law. The court also found that defendant's arguments regarding the door's stability, its open and obvious nature, or any comparative fault on the part of the plaintiff were either unpersuasive or unpreserved for appellate review.

NegligencePremises LiabilityDangerous ConditionSummary JudgmentAppellate ReviewSchool LiabilityPersonal InjuryFalling ObjectLiabilityComparative Fault
References
9
Case No. MISSING
Regular Panel Decision

O'Connor v. Roman Catholic Diocese of Rockville Centre

The plaintiff appealed an order from the Supreme Court, Nassau County, which granted the defendant’s motion to transfer a personal injury action from Bronx County to Nassau County. The plaintiff had initially placed venue in Bronx County based on his alleged residence at the time of commencement in December 1994. However, discovery revealed that Workers’ Compensation documents indicated the plaintiff had changed his address to Suffern, Rockland County, in July 1994, meaning he did not reside in Bronx County when the action was commenced. The defendant subsequently moved to transfer the action, citing the plaintiff's true residence and the inconvenience to material witnesses of a trial in Bronx County. The appellate court affirmed the order, concluding that the plaintiff resided in Rockland County at the time the action commenced and that the defendant had promptly moved to change venue after ascertaining the plaintiff’s actual residence.

Personal InjuryVenue TransferChange of VenueAppellate ReviewCPLRResidence DisputeWorkers' Compensation DocumentsNassau County Supreme CourtBronx CountyRockland County
References
2
Case No. 81423
Regular Panel Decision

Kretschmann v. Board of Education of the Corning Painted Post School District

This case involves a plaintiff's motion to consolidate two pending actions and a defendant's cross-motion to dismiss the plaintiff's action on Statute of Limitations grounds. The central issue revolves around the interpretation and application of CPLR 205 (a), specifically whether a prior action was 'timely commenced' despite the plaintiff's failure to comply with a condition precedent, CPLR 214-d. The court reviews several precedents concerning CPLR 205 (a) and similar notice requirements, distinguishing cases where the saving provision was denied due to the creation of a new right to sue or commencement in different forums. Ultimately, the court denies the defendant's cross-motion to dismiss, concluding that CPLR 214-d did not create a new cause of action and both actions were commenced in the same court, thus permitting the plaintiff to recommence under CPLR 205 (a). Consequently, the plaintiff's motion to consolidate the two actions is granted.

Statute of LimitationsCPLR 205(a)Condition PrecedentTimely CommencementAction DismissalConsolidation of ActionsNew York LawCivil ProcedureLegal InterpretationRemedial Provisions
References
13
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. MISSING
Regular Panel Decision

Scalone v. Phelps Memorial Hospital Center

The plaintiff, Karen Scalone, as administratrix and individually, commenced a wrongful death action for medical malpractice and lack of informed consent after the death of her husband, Glen Scalone. Defendants sought further deposition regarding the plaintiff's medical history and death benefits received, arguing she waived privilege by commencing the action. The Supreme Court granted the defendants' motion and denied the plaintiff's cross-motion for a protective order. On appeal, the court held that commencing a wrongful death action does not automatically waive the plaintiff's physician-patient privilege regarding her own medical history. The court also clarified that while collateral source information for economic loss is generally admissible under CPLR 4545 (c), demands for life insurance and other specifically excluded death benefits are overbroad and erroneous. Additionally, the court found errors in compelling further bills of particulars from the plaintiff and denying a stay for non-party depositions before defendants' depositions were completed. The order was modified, denying disclosure of the plaintiff's medical records and excluded death benefits, and affirming the order as modified.

Wrongful DeathMedical MalpracticePhysician-Patient PrivilegeDiscovery DisputeCollateral Source RuleCPLR 4504CPLR 4545Informed ConsentDeposition PriorityProtective Order
References
50
Case No. MON 0325729 MON 0325730
Regular
Jun 02, 2008

JORGE CORONA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior award of temporary disability benefits. Defendant argued that Labor Code section 4656 prohibited the award, as more than two years had passed since temporary disability commenced. The Board found the record insufficient to determine when temporary disability payments actually began, rescinded the award, and returned the case for further proceedings to establish the commencement date of indemnity payments.

ReconsiderationTemporary DisabilityLabor Code section 4656Findings and AwardStipulated AwardNew and Further DisabilityCompensable WeeksDate of Commencement of Temporary Disability PaymentHawkins v. Amberwood ProductsBenefit Printout
References
1
Case No. SAL 0087232
Regular
Aug 09, 2007

MICHAEL VARNEY vs. STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES, legally uninsured and administered by STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for knee injuries sustained by an applicant. Both the applicant and defendant sought reconsideration of the initial award; the applicant argued for an earlier commencement date for permanent disability, while the defendant contested its liability for 40% of the disability. The Appeals Board granted reconsideration for both parties and rescinded the original award, remanding the case for further proceedings to allow for reconsideration of the permanent disability commencement date and defendant's liability arguments.

Workers' Compensation Appeals Boardlegally uninsuredState Compensation Insurance Fundemergency coordinatorpermanent disabilitylife pensionpermanent and stationary dateLabor Code section 5500.5petition for reconsiderationFindings and Award
References
0
Case No. ADJ4589994 (FRE 0246667)
Regular
Feb 25, 2013

DOROTHY VANDENBERG vs. KINGS COUNTY

The Workers' Compensation Appeals Board granted reconsideration to address an internally inconsistent clause in a Stipulated Award. Defendant sought to clarify the commencement date for the State Average Weekly Wage (SAWW) adjustment to the applicant's life pension. The Board construed the ambiguous clause, drafted by the applicant's attorney, in favor of the defendant. Consequently, the SAWW increase will commence in accordance with the *Baker v. WCAB* decision, effective January 1, 2018.

WORKERS' COMPENSATION APPEALS BOARDDOROTHY VANDENBERGKINGS COUNTYINNOVATIVE CLAIM SOLUTIONSINC.ADJ4589994FRE 0246667RECONSIDERATIONFINDINGS AND ORDERSTIPULATED AWARD
References
3
Case No. SDO 0327959
Regular
Aug 03, 2007

IRMA MENDEZ vs. SUNRISE SENIOR LIVING, AMERICAN HOME ASSURANCE

This Workers' Compensation Appeals Board case clarifies the commencement date for temporary disability payments under Labor Code section 4656(c)(1). The Board amended a prior order, ruling that the commencement date is the date the first payment is actually issued, not the date the disability is first owed. Consequently, the employer's liability for temporary disability is limited to 104 weeks within two years from the actual payment date of June 2, 2005.

Workers' Compensation Appeals BoardTemporary disability indemnityLabor Code section 4656(c)(1)Date of commencementFindings and OrderPetition for reconsiderationExpedited hearingApplication for Adjudication of ClaimStipulationCompensable weeks
References
1
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