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

Case No. ADJ9750276
Regular
Aug 21, 2017

SANDRA KIMBER (DECEASED) vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding Sandra Kimber's death compensable under the police officer pneumonia presumption. The Board found the decedent's cause of death, acute bronchiotracheopneumonitis, is medically distinct from pneumonia and therefore not covered by the statutory presumption. The case was returned for further proceedings to determine if the injury is compensable absent the presumption and to establish dependency for death benefits.

Workers' Compensation Appeals BoardSandra Kimber (Deceased)City of Los Angelesself-insuredADJ9750276Petition for ReconsiderationFindings and Awardindustrial injurydeath benefitLabor Code section 3212
References
0
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. MISSING
Regular Panel Decision

In re Kimberly H.

This derivative neglect proceeding concerns Kimberly H., a newborn infant whose older siblings were removed from their mother's home due to findings of excessive corporal punishment shortly before Kimberly's birth. The Family Court initially found Kimberly not to be at imminent risk and conditionally released her to her mother. However, the Appellate Court reversed this decision, citing the recent neglect findings regarding Kimberly's siblings and their continued placement in foster care. The court determined that protection from an established threat of harm must take precedence over infant-parent bonding. Consequently, Kimberly was remanded to the custody of the Commissioner of the petitioner agency pending a full fact-finding hearing.

Derivative neglectCorporal punishmentImminent riskChild removalFoster careParental rightsFamily Court ActAppellate DivisionChild protectionParental therapy
References
6
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. 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. CV-24-0499
Regular Panel Decision
Oct 09, 2025

In the Matter of the Claim of Kimberly Ericson

Claimant Kimberly A. Ericson appealed a decision by the Workers' Compensation Board that denied her claim for benefits, ruling her injuries did not arise out of and in the course of her employment. Ericson sustained injuries when she tripped on a public sidewalk while commuting to work, arguing that municipal codes requiring her employer to maintain sidewalks should entitle her to compensation. The Workers' Compensation Law Judge initially found for Ericson, but the Board reversed. The Appellate Division affirmed the Board's decision, finding no special hazard at the fall site and no close association of the access route with the premises, concluding that the injuries were not incident to her employment.

Workers' CompensationPublic Sidewalk FallCommuting InjuryArising Out Of EmploymentCourse Of EmploymentSpecial Hazard RulePremises RuleMunicipal CodeAppellate ReviewInjury Compensability
References
10
Case No. CV-24-1300
Regular Panel Decision
Feb 19, 2026

In the Matter of the Claim of Kimberly Siddon

Kimberly Siddon appealed a Workers' Compensation Board decision denying the reopening of her claim for an increased schedule loss of use (SLU) of her left knee. Siddon, who had previously undergone two surgeries and received SLU findings of 12% and 20%, sought a 35% SLU based on an orthopedic surgeon's report detailing worsening range of motion. The Special Fund for Reopened Cases failed to properly contest the surgeon's medical opinion, despite multiple opportunities. The Board, however, rejected the surgeon's objective range-of-motion measurements as merely subjective, a finding inconsistent with its own impairment guidelines. The Appellate Division reversed the Board's decision, concluding that the Special Fund had waived its right to contest the evidence and that the Board's rationale for denial was unsupported given the uncontradicted and properly rendered medical opinion. The case was remitted to the Workers' Compensation Board for further proceedings consistent with the Court's decision.

Workers' CompensationSchedule Loss of UseLeft Knee InjuryClaim ReopeningMedical ExaminationSpecial Fund for Reopened CasesWaiverBoard DiscretionMedical EvidenceRange of Motion
References
7
Case No. 535434
Regular Panel Decision
Mar 28, 2024

In the Matter of the Claim of Kimberly McLaurin

Claimant Kimberly McLaurin, a train operator for the New York City Transit Authority, filed a claim for workers' compensation benefits alleging she contracted COVID-19 and suffered consequential psychological injury due to workplace exposure. The Workers' Compensation Law Judge (WCLJ) and the Workers' Compensation Board disallowed the claim, finding insufficient medical evidence of COVID-19 contraction and that the stress experienced was not greater than similarly situated workers. On appeal, the Appellate Division affirmed the disallowance of the COVID-19 contraction and consequential injury claims due to lack of medical proof. However, it reversed the decision regarding the alternative claim for direct psychological injury, finding the Board improperly applied a disparate burden. The matter was remitted to the Board for reconsideration of the psychological injury claim consistent with the guidance in *Matter of Anderson v City of Yonkers* to determine if an elevated risk of exposure constituting an extraordinary event existed and if a causal connection to the alleged injury was present.

COVID-19Workers' CompensationPsychological InjuryCausationWorkplace ExposureMedical EvidenceStress-Related InjuryAppellate ReviewBoard DecisionRemittal
References
9
Case No. 2020 NY Slip Op 08137
Regular Panel Decision
Dec 31, 2020

Matter of Dakota W. (Kimberly X.)

The Appellate Division, Third Department, affirmed the Family Court of Broome County's order terminating the parental rights of Kimberly X. and Chad W. for abandoning their three children. The parents appealed, citing due process violations due to their absence from the fact-finding hearing and alleged ineffective assistance of counsel. The court found that the parents voluntarily absented themselves, and their legal representation was adequate. Furthermore, the court concluded that clear and convincing evidence supported the finding of abandonment, as the parents failed to visit or communicate with their children or the petitioning agency during the six-month statutory period. Therefore, the Family Court's decision to transfer guardianship and custody to the Broome County Department of Social Services was upheld.

abandonmentparental rights terminationdue processfoster carefact-finding hearingappellate reviewsocial services lawchildren's rightsclear and convincing evidencevisitation rights
References
15
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