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

Case No. 2018 NY Slip Op 01069 [158 AD3d 703]
Regular Panel Decision
Feb 14, 2018

Matter of Bella S. (Sarah S.)

The case "Matter of Bella S. (Sarah S.)" involves an appeal from a Family Court order that found Sarah S. (mother) neglected her child, Bella S. The Administration for Children's Services had petitioned, alleging the mother's untreated bipolar disorder and other mental illnesses put the child at risk. The Family Court agreed, but the Appellate Division, Second Department, reversed this finding. The Appellate Division concluded that the petitioner failed to prove inadequate treatment or imminent harm, noting the mother's consistent efforts in seeking housing, prenatal care, methadone treatment, and psychiatric medication. Consequently, the petition against the mother was denied, and the proceeding dismissed.

Child NeglectParental RightsMental IllnessBipolar DisorderAdequate TreatmentAppellate ReviewBurden of ProofImminent DangerFamily Court ActKings County
References
8
Case No. MISSING
Regular Panel Decision

In re Timmy S.

Judge O'Connor concurs, focusing on whether natural parents Christine and Warren K. abandoned or forfeited their parental rights to their Down's Syndrome baby, Sarah. The Family Court found the K.s' belief that their extrajudicial consent was tentative to be plausible, induced by misleading forms and procedures from the adoption bureau of Suffolk County Family Court. The judge highlights that the extrajudicial consent form, based on Domestic Relations Law § 115-b, was flawed due to the omission of a modifying word ("this" or "the"), which led the K.s to believe they could revoke consent before a court appearance. This deception and lack of proper notice, according to O'Connor, deprived the K.s of due process, rendering their consent a nullity. The opinion recommends restoring Sarah to her natural parents and calls for legislative attention to the statute's defects regarding notice.

Parental RightsAdoptionExtrajudicial ConsentDue ProcessDomestic Relations LawSuffolk CountyFamily LawConstitutional LawRevocation of ConsentMisleading Forms
References
12
Case No. ADJ1904323 (GRO 0034275) ADJ3208896 (GRO 0034276) ADJ649343 (GRO 0034277)
Regular
Nov 01, 2010

SARAH SHIPP vs. GOTTSCHALKS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration, rescinding the prior award due to the Workers' Compensation Judge's (WCJ) improper reliance on an Agreed Medical Evaluator's (AME) hernia analogy to rate upper extremity impairment. This analogy violated *Almaraz II* by not adhering to the AMA Guides and potentially incorporating pre-2005 rating schedules. The rater also used an incorrect impairment number and occupational adjustment. The case is remanded for further proceedings and a new decision by the WCJ, ensuring the rating is not based on the flawed hernia analogy.

Workers' Compensation Appeals BoardSarah ShippGottschalksSpecialty Risk ServicesJoint Findings and Awardindustrial injuryright shoulderleft shoulderright elbowthumb
References
4
Case No. MISSING
Regular Panel Decision

Laici v. Baldwin

This case involves a custody dispute between a petitioner mother and respondent father concerning their two children, Jacob and Sarah. The couple separated in 1982, and custody was temporarily placed with the Department of Social Services in 1984. Petitioner sought sole custody in 1986, supported by social workers, a psychologist, and the Law Guardian who cited her efforts to improve her life and ability to meet the children's emotional needs. Conversely, the respondent father largely remained unemployed and refused psychological testing. The court initially awarded custody to the respondent, emphasizing his current wife's stable living arrangement. The dissenting judges argue this decision erroneously prioritized the father's *derived* stability over the mother's demonstrated efforts and capacity for the children's emotional development, advocating for a reversal and award of custody to the petitioner mother based on overwhelming expert testimony.

custody disputeparental rightschild welfarebest interests of the childdissenting opinionfamily lawpsychological evaluationparental stabilitydomestic abuseappellate review
References
3
Case No. ADJ6916816
Regular
Feb 05, 2013

SARAH HOAGLAND vs. COUNTY OF YUBA

This case concerns a workers' compensation applicant, Sarah Hoagland, who was ordered to produce business records and tax returns. The Appeals Board granted her Petition for Removal, ruling that her tax returns are privileged and cannot be compelled. However, Hoagland must produce her business records, though she may seek protective orders for third-party privacy concerns or request in-camera review. Charity records were deemed outside the subpoena's scope and require a more specific demand.

Petition for RemovalSubpoena Duces TecumTax Records PrivilegeRevenue and Taxation Code Section 19282Webb v. Standard Oil Co.Schnabel v. Superior CourtPublic Policy ExceptionConfidential Financial InformationThird-Party Privacy RightsProtective Order
References
2
Case No. 2019 NY Slip Op 07472 [176 AD3d 1374]
Regular Panel Decision
Oct 17, 2019

Matter of HALL v. DAVIS

William Hall (father) initiated a child support proceeding against Sarah Davis (mother) after their child began living with him. The Support Magistrate imputed income to the mother and ordered her to pay child support. The mother appealed, arguing that Family Court erred in upholding the Support Magistrate's income imputation. The Appellate Division, Third Department, found that while imputing income was appropriate, the specific amount imputed was not supported by the record, considering the mother's lack of current licensure and her full-time work on a farm. The court remitted the matter for a redetermination of the mother's support obligation.

Child supportImputed incomeFamily CourtAppellate DivisionParental obligationIncome calculationSupport MagistrateDiscretionFarming incomeSocial worker
References
6
Case No. MISSING
Regular Panel Decision

Weinreb v. Weinreb

This case involves a subrogation action brought by Security Insurance Company of Hartford, in the name of Sabina Weinreb, seeking indemnification from Wolf, Leon, and Sarah Weinreb (Weinreb Management Company). The action stems from a prior negligence suit by Joseph Restivo against the Weinrebs, where Sabina Weinreb was held liable, and Security paid a $500,000 judgment. Security, who defended all Weinrebs in the original suit without reservation of rights, now claims Sabina is entitled to indemnification from the other Weinrebs as the active tortfeasors, citing an employee exclusion in their policy. The defendants' motion to dismiss was initially denied by the IAS Judge. The Appellate Division, however, reviewed the full record and concluded that Security's subrogation action against its own insureds is not permissible, aligning with the principle established in Pennsylvania Gen. Ins. Co. v Austin Powder Co.

SubrogationIndemnificationInsurer-insured relationsConflict of interestEmployee exclusionPremises liabilityMotion to dismissAppellate reviewActive tortfeasorReservation of rights
References
7
Case No. ADJ9580180
Regular
Sep 15, 2015

SARAH SCOFIELD vs. SANTA CLARA COUNTY SUPERIOR COURT; Permissibly Self-Insured, Administered by AIMS

This order denies Sarah Scofield's petitions for reconsideration in her workers' compensation case against Santa Clara County Superior Court. The Workers' Compensation Appeals Board (WCAB) adopted the reasoning of the workers' compensation administrative law judge (WCJ) in its decision. Therefore, the petitions for reconsideration are denied.

Workers' Compensation Appeals BoardPetitions for ReconsiderationWCJ reportdenialADJ9580180Santa Clara County Superior CourtPermissibly Self-InsuredAIMSSarah ScofieldSan Jose District Office
References
0
Case No. MISSING
Regular Panel Decision

Cornell University v. Bagnardi

The New York Court of Appeals addressed two consolidated cases involving local zoning regulations and educational institutions' expansion plans. The court held that the presumption of public benefit from educational uses can be rebutted by evidence of a net negative impact on public health, safety, and welfare. Municipalities may impose reasonable special permit conditions to mitigate adverse effects, but cannot require institutions to prove a "need" for expansion, as this criterion is outside the scope of police power. Consequently, the denials of applications by Cornell University and Sarah Lawrence College, which were based on impermissible "need" criteria, were deemed improper. Both cases were remitted to their respective zoning boards for reconsideration under the clarified legal standards.

Zoning RegulationsEducational InstitutionsSpecial PermitsLand UsePolice PowerPublic WelfareHardshipVarianceMootnessRemittal
References
18
Case No. ADJ4212464 (EUR 0040625)
Regular
Sep 09, 2009

LEE ECCLESTON (Deceased) BARBARA ECCLESTON, JOSEPH ECCLESTON and SARAH ECCLESTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original decision, remanding the case to the WCJ. The Board found that the WCJ erred in determining that no benefits were payable to the decedent's partially dependent adult children, Joseph and Sarah Eccleston, solely because the widow elected the CalPERS Special Death Benefit. The Appeals Board clarified that Labor Code section 4704 allows for the reallocation of death benefits upon a showing of "good cause," even when section 4707 applies. The matter was returned for the WCJ to determine if good cause exists to award death benefits to the petitioning children, considering all relevant factors, including statutory support obligations.

Workers Compensation Appeals BoardSpecial Death BenefitCalPERSpartial dependentsadult studentsun-apportioned awardLabor Code section 4707Labor Code section 4704good causeDepartment of Corrections v. Workers' Comp. Appeals Bd. (Antrim)
References
1
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