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

Case No. ADJ9799720
Regular
Jan 29, 2016

HOWARD GARNER vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a transcription error, amending the findings to reflect an injury to the applicant's left "little" toe instead of the left "middle" toe. The applicant's petition for reconsideration was denied, as the Board found no evidence to support claims of injury to his hand, hip, or a deformed left little toe, and the medical examiner did examine the relevant body part. The decision affirmed the findings of no permanent disability or need for further treatment for the left little toe.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactInmate LaborerPanel Qualified Medical ExaminerTranscription ErrorLeft Little ToePermanent Partial DisabilityFurther Medical TreatmentDepartment of Corrections and Rehabilitation
References
0
Case No. MISSING
Regular Panel Decision
Aug 02, 1974

Stevens v. County of Nassau

Mozella Stevens, a food service worker for the County of Nassau, suffered a fractured right wrist after a fall on hospital grounds. She subsequently filed a medical malpractice action against her employer, the county, alleging permanent deformity due to the treatment received at the Nassau County Medical Center. The defendant appealed an order from the Supreme Court, Nassau County, which denied its motion for summary judgment. The appellate court affirmed the order, determining that the plaintiff's action was not barred by the Workmen’s Compensation Law because the injury did not arise out of and in the course of her employment.

Medical MalpracticeSummary Judgment MotionOrder AffirmedWorkers' Compensation LawCourse of EmploymentFractured WristOrthopedic InjuryPlaintiff-Employer RelationshipJudicial AppealPersonal Injury
References
2
Case No. MISSING
Regular Panel Decision
Dec 16, 1994

Jaffe v. National League for Nursing

The Supreme Court of New York County modified an order regarding a complaint alleging employee harassment, intimidation, and forced resignation. The court rejected the Workers' Compensation Law as an exclusive remedy for such intentional torts. While it found the allegations insufficient to meet the rigorous standard for intentional infliction of emotional distress, it determined that an alleged "hard slap" constituted a valid cause of action for assault and battery. Consequently, the court granted the defendants' motion to dismiss the first cause of action for intentional infliction of emotional distress but affirmed the remainder of the order.

Employee HarassmentIntimidationForced ResignationIntentional Infliction of Emotional DistressWorkers' Compensation LawAssault and BatteryAt-Will EmploymentMotion to DismissAppellate ReviewNew York Law
References
7
Case No. ADJ12075922
Regular
Sep 12, 2025

DANIEL STRAMBI vs. CITY OF FOSTER CITY, THE CITIES GROUP

Defendant sought reconsideration of a Findings of Fact and Award which found applicant sustained injury to multiple body parts resulting in 69% permanent disability and that defendant unreasonably delayed payment of temporary and permanent disability indemnity, leading to penalties. The Appeals Board denied the petition, agreeing with the WCJ's determination that the AME's findings on permanent disability, including the interpretation of AMA Guides for varus deformity and the adding of knee disabilities, constituted substantial evidence. The Board also upheld the imposition of penalties for the defendant's unreasonable delays in paying both temporary and permanent disability benefits.

StrambiCity of Foster CityPetition for ReconsiderationFindings of Fact and Awardpermanent disabilityAgreed Medical Evaluator (AME)Dr. Peter MandellLabor Code section 5814penaltiesunreasonable delay
References
4
Case No. 2019 NY Slip Op 05439
Regular Panel Decision
Jul 05, 2019

Matter of Ansley v. Jamesville-DeWitt Cent. Sch. Dist.

Patricia L. Ansley, a long-serving school bus driver, faced disciplinary charges and eventual termination for slapping a special needs student who was exhibiting aggressive behavior on her bus. The incident involved the student punching Ansley after becoming agitated when denied a toy. While the Appellate Division found substantial evidence to support the misconduct, it deemed the penalty of termination disproportionate given Ansley's 20-year unblemished record and the un-premeditated nature of her action. Consequently, the court modified the determination by vacating the termination and remitting the case to the respondent for a less severe disciplinary imposition. The dissenting justices argued that termination was an appropriate penalty considering the seriousness of striking a student.

School bus driverDisciplinary actionEmployment terminationCivil Service Law § 75CPLR Article 78 proceedingSpecial needs studentPhysical altercationProportionality of penaltyJudicial reviewAbuse of discretion
References
18
Case No. MISSING
Regular Panel Decision

Panzarella v. Multiple Parking Services, Inc.

The case involves a plaintiff who suffered injuries from a fall on an icy parking lot. The defendant appealed the judgment, arguing a lack of actual or constructive notice of the dangerous condition and insufficient time to remedy it. However, the evidence showed the ice was visible and present for an adequate period for the defendant's employees to discover and rectify it, leading the court to conclude the verdict was not against the weight of the evidence. The Supreme Court also correctly refused a jury charge on implied assumption of risk as the plaintiff was unaware of the ice. Additionally, the jury's award of $160,000 for future pain and suffering was deemed reasonable given the plaintiff's fractured distal radius, two surgeries, permanent grip and pinch deficiencies, scars, atrophy, and wrist deformity.

Icy ConditionParking Lot FallPremises LiabilityConstructive NoticeJury VerdictAssumption of RiskPersonal Injury DamagesFractured WristSurgical ProceduresPermanent Injury
References
4
Case No. 2025 NY Slip Op 02377
Regular Panel Decision
Apr 24, 2025

Matter of A. WW.

This case involves an appeal concerning a juvenile delinquency adjudication against A. WW. She was initially taken to a hospital under a Mental Hygiene Law § 9.41 hold and subsequently slapped a DSS caseworker, leading to a juvenile delinquency proceeding for attempted assault. Despite being medically cleared, A. WW. remained in the hospital's emergency room for six months due to the inability to find suitable placement. She eventually admitted to the charge, was adjudicated delinquent, and placed in OCFS custody. The Appellate Division, Third Department, reversed the Family Court's order and dismissed the petition in the interest of justice, highlighting the non-serious nature of the crime and the systemic failure in providing appropriate care for A. WW., and stating that a juvenile delinquency proceeding should not be leveraged for placement.

Juvenile DelinquencyMental Health LawCapacity EvaluationFamily Court ActEffective Assistance of CounselInterest of Justice DismissalChild WelfareHospital BoardingAppellate ReviewAttempted Assault
References
37
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