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Case Law Database

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

Case No. ADJ4120534 (POM 0297037), ADJ2862914 (POM 0298490), ADJ4622170 (POM 0298730), ADJ1753517 (POM 0058454), ADJ3646011 (POM 0249199)
Regular
Dec 19, 2013

SANDRA GREGORY vs. COVINGTON CROWE, LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Sandra Gregory's Petition for Reconsideration. The Board adopted the administrative law judge's Report and Recommendation, finding no grounds for reconsideration. To the extent the petition was deemed a request for removal, that request was also denied. The case involves multiple claim numbers and parties, including Covington Crowe, LLP and State Compensation Insurance Fund.

Petition for ReconsiderationPetition for RemovalDismissedDeniedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationADJ4120534ADJ2862914ADJ4622170
References
0
Case No. MISSING
Regular Panel Decision

Gregory B. v. Gregory F.

This consolidated appeal addresses whether incarcerated parents "permanently neglected" their children under Social Services Law § 384-b (7) (a), thus justifying the termination of parental rights. In Matter of Gregory B., the father, incarcerated since 1980, proposed long-term foster care for his children until his release, which was rejected. Similarly, in Matter of Willie John B. and Matter of Delores B., the father, incarcerated since 1979, also offered indefinite foster care after relatives were found unwilling or unable to provide care. The Court of Appeals affirmed the termination of parental rights in all cases, holding that while 1983 statutory reforms acknowledged special circumstances for incarcerated parents, they did not excuse them from planning for their child's future. The Court concluded that indefinite foster care is not a "viable plan" as it is inconsistent with the purpose of foster care and deprives children of the essential permanency required for proper growth and development.

Permanent NeglectParental Rights TerminationIncarcerated ParentSocial Services LawFoster CareAdoptionChild WelfareFamily LawCourt of AppealsJudicial Review
References
14
Case No. 30 AD3d 876
Regular Panel Decision

Sandra M. v. St. Luke's Roosevelt Hospital Center

The plaintiffs, Sandra M. and her husband, appealed a Supreme Court order granting summary judgment to St. Luke's Roosevelt Hospital Center, dismissing their complaint. Sandra M. was allegedly sexually assaulted by a nursing assistant, Ricardo Cortez, supplied by United Staffing System, Inc., while on suicide watch at the Hospital. The plaintiffs sued the Hospital, United, and Cortez, alleging the Hospital was negligent in its suicide watch policies and its failure to independently evaluate staff provided by United. The Appellate Division dismissed the appeal from the intermediate order and affirmed the judgment dismissing the complaint against the Hospital. The court found the Hospital was not vicariously liable for Cortez's personal tortious acts and had no duty to independently screen employees supplied by United, as it had no prior knowledge of Cortez's propensity for misconduct.

Personal InjurySexual AssaultNegligenceHospital LiabilityVicarious LiabilityIndependent ContractorNegligent HiringSummary JudgmentAppellate ReviewSuicide Watch
References
20
Case No. ADJ1885780
Regular
Jun 02, 2010

SANDRA SHERMAN, SANDRA SMITH vs. GRAYBAR ELECTRIC COMPANY, BROADSPIRE

This case involves a petition for reconsideration filed by Applicant Sandra Sherman (also known as Sandra Smith) against Graybar Electric Company and BroadsPIRE. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not verified as required by Labor Code section 5902. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWorkers' Compensation Appeals BoardWCJReport and RecommendationDeny on the meritsSmith v. Workers' Comp. Appeals Bd.Lucena v. Workers' Comp. Appeals Bd.
References
2
Case No. 2013-1699 Q CR
Regular Panel Decision
Jul 26, 2016

People v. Martin (Gregory)

Gregory Martin appealed two judgments from the Criminal Court of the City of New York, Queens County, for attempted criminal contempt in the second degree, based on violations of an order of protection. The Appellate Term affirmed the conviction related to conduct between July 19-22, 2011, finding sufficient legal evidence. However, the judgment for conduct on September 23, 2011, was reversed and dismissed because the verdict was deemed against the weight of the evidence due to witness testimony discrepancies. The court also upheld the amendment of the date in the prosecutor's information, citing CPL 100.45 (2) and 200.70.

Criminal ContemptOrder of ProtectionAttempted Criminal ContemptSufficiency of EvidenceWeight of EvidenceAppellate ReviewAmendment of Accusatory InstrumentRosario PacketProsecutor's InformationWitness Testimony
References
13
Case No. 2016-1509 OR CR
Regular Panel Decision
Aug 16, 2018

People v. Nagler (Sandra)

Sandra Nagler appealed six judgments from the Justice Court of the Town of Wallkill, Orange County, primarily challenging her conviction for common-law driving while intoxicated (DWI). Following a nonjury trial, she was found guilty based on testimony from Trooper Brad Natalizio, who responded to an accident where Nagler admitted to falling asleep after consuming alcohol. The Justice Court initially sentenced Nagler to 45 days incarceration and three years' probation for the DWI conviction. On appeal, the Appellate Term, Second Department, dismissed the appeals for other traffic infractions as abandoned. While upholding the legal sufficiency of the evidence for the DWI conviction, the Appellate Term found the 45-day jail sentence excessive, considering Nagler's community involvement and lack of prior criminal history. Consequently, the court modified the sentence, reducing the term of incarceration to time served while affirming the conviction.

Driving While IntoxicatedDUIDWIVehicle and Traffic LawAppellate ReviewSentence ModificationExcessive SentenceCommon-law DWIOrange CountyTown of Wallkill
References
23
Case No. 529802
Regular Panel Decision
Jun 09, 2022

In the Matter of the Claim of Sandra Anthony

Claimant Sandra Anthony injured her right wrist while taping drywall at a construction site and subsequently filed a claim for workers' compensation benefits, naming AB Hill Enterprises, LLC as her employer. A Workers' Compensation Law Judge (WCLJ) established the claim, determining an employer-employee relationship existed and holding Dani's Builders, the general contractor, responsible for awards due to AB Hill's lack of coverage, also imposing a $5,000 penalty on AB Hill. The Workers' Compensation Board affirmed this decision. AB Hill appealed, arguing it was not a "contractor" under the Construction Industry Fair Play Act and thus not obligated to maintain workers' compensation insurance. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported AB Hill's classification as a contractor and employer under the Act, and upheld the penalty.

construction industryworkers' compensation lawemployer-employee relationshipindependent contractor classificationstatutory presumptionConstruction Industry Fair Play Actsubcontractor liabilitypenalty assessmentinsurance requirementsAppellate Division decision
References
8
Case No. 534112
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of Gregory Grinnage

Claimant Gregory Grinnage, a bus driver for 31 years, filed a workers' compensation claim for repetitive stress injuries to his wrists, hands, knees, hip, and shoulder. A Workers' Compensation Law Judge initially disallowed the claim, citing insufficient evidence due to incomplete review of prior medical records by the claimant's physician, Dr. Gideon Hedrych. The Workers' Compensation Board reversed, finding sufficient uncontradicted medical evidence from Dr. Hedrych establishing a causal link between the claimant's conditions and the repetitive nature of his job duties. The employer appealed both the Board's decision and its denial of reconsideration/full Board review. The Appellate Division affirmed the Board's decisions, finding substantial evidence for the occupational disease determination and no abuse of discretion in denying the employer's request for an IME extension or full Board review.

Occupational DiseaseRepetitive Stress InjuryWorkers' Compensation ClaimMedical CausationIndependent Medical Examination (IME)Board ReconsiderationFull Board ReviewSubstantial EvidenceAppellate DivisionBus Driver Injuries
References
11
Case No. 534683
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Gregory Echevarria

The case involves an appeal from decisions of the Workers' Compensation Board concerning death benefits for Gregory Echevarria, who died in a work-related accident. Keamesha Echevarria, the decedent's estranged wife, filed for survivors' benefits for herself and their three children. Decedent's fiancée also filed a claim for their child and argued that Keamesha had abandoned the decedent, thus forfeiting spousal benefits. The Workers' Compensation Law Judge and subsequently the Board found that Keamesha had not abandoned the decedent and was entitled to benefits as the surviving spouse. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the conclusion that Keamesha remained the legal spouse under Workers' Compensation Law § 16 (1-a), as the elements for abandonment were not met. The court also found no abuse of discretion in the Board's denial of the fiancée's application for reconsideration or full Board review.

Workers' CompensationDeath BenefitsSurviving SpouseAbandonmentDomestic Relations LawAppellate ReviewBoard DecisionStatutory InterpretationDependency ClaimsMarital Status
References
9
Case No. No. 14
Regular Panel Decision
Mar 26, 2020

The Matter of the Claim of Sandra L. O’Donnell v. Erie County

Claimant Sandra L. O’Donnell, an employee of Erie County, received a Workers’ Compensation Board award for loss of post-accident earnings due to a permanent partial disability. Employer Erie County and its carrier challenged this, arguing O’Donnell failed to show efforts to find work. The Workers’ Compensation Board initially upheld the award, applying a discretionary inference from Matter of Zamora v New York Neurologic Assoc., but later admitted a departure from its administrative precedent. The New York Court of Appeals reversed the Appellate Division's decision, remitting the case. The Court clarified that while the 2017 amendment to WCL § 15 (3) (w) eliminated post-classification labor market attachment obligations, it did not alter pre-classification requirements. The matter is remanded for the Board to explain its rationale and any departure from its established precedent.

Workers' Compensation LawPermanent Partial DisabilityLoss of Wage-Earning CapacityLabor Market AttachmentInvoluntary RetirementAdministrative PrecedentStatutory InterpretationRemandNew York Court of AppealsWCL Section 15(3)(w)
References
15
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