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

Case No. ADJ3216514 (LAO 0799899)
Regular
Nov 21, 2008

EMMA P. LOPEZ vs. 99 CENTS ONLY STORES, INC.

The Workers' Compensation Appeals Board dismissed S&B Surgery Center's petition for reconsideration because it was filed one day late. The lien claimant had until September 22, 2008, to file, but their petition was not received until September 23, 2008. This untimely filing renders the petition jurisdictionally defective and therefore dismissible.

WCABLien ClaimantPetition for ReconsiderationFindings and OrderSurgical Facility FeeCPT CodeKunz v. PattersonPrima Facie CaseBurden of ProofTimeliness
References
5
Case No. MISSING
Regular Panel Decision
May 09, 2003

C.S.E.A. v. County of Dutchess

This case concerns a CPLR article 78 proceeding initiated to challenge a determination by the County of Dutchess dated September 23, 2002, which reclassified job title duties for Social Welfare Worker II employees. The petitioners also sought to enjoin the County from mandating these employees to perform out-of-title work. The Supreme Court, Dutchess County, presided over by Justice Pagones, granted the petition. On appeal, the judgment of the Supreme Court was affirmed. The reviewing court found the County's reclassification determination to be arbitrary and capricious, as it lacked a rational basis, was not based on a proper investigation, violated the rules of the Classified Service of Dutchess County, Personnel Policy Manual Rule XXII, and improperly attempted to validate previously imposed out-of-title work.

Job ReclassificationOut-of-Title WorkCPLR Article 78Administrative DeterminationArbitrary and CapriciousPersonnel PolicyJudicial ReviewGovernment EmployeesEmployment LawPublic Sector
References
6
Case No. CV-23-2137
Regular Panel Decision
Mar 27, 2025

Matter of Davenport v. Oxford Cent. Sch. Dist.

Charles Davenport, a custodian for Oxford Central School District, injured his lower back while shoveling snow in February 2020, exacerbating prior back injuries from 1998 and 2008. A physician's assistant filed a medical report with the Workers' Compensation Board on February 18, 2020, linking the snow shoveling incident to the injury and noting a temporary impairment. The employer controverted the claim, arguing untimeliness under Workers' Compensation Law § 28 due to the claimant's failure to file a C-3 form. The Board, in decisions filed September 8, 2023, and April 9, 2024, affirmed that the PA's medical report within two years of the incident constituted a timely filing of the claim, providing sufficient notice to the Board. The Appellate Division, Third Department, affirmed the Board's decision, stating that a C-3 form is not strictly required for timely filing if other documents provide sufficient information.

Workers' Compensation Law § 28Timely FilingMedical Report as ClaimLow Back InjurySnow Shoveling InjuryExacerbation of Prior InjuryWorkers' Compensation Board DecisionAppellate Division ReviewSufficiency of NoticeDegenerative Disc Disease
References
7
Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. 2014-1942 K C
Regular Panel Decision
Sep 22, 2017

AL Acupuncture, P.C. v. Geico Ins. Co.

This case, AL Acupuncture, P.C. v Geico Ins. Co., concerns an appeal from a Civil Court order regarding assigned first-party no-fault benefits. The plaintiff, AL Acupuncture, P.C., sought summary judgment for services rendered, while defendant Geico Insurance Company cross-moved for dismissal. The Appellate Term modified the lower court's order. It denied the plaintiff's motion for summary judgment on claims from September 8 to September 25, 2008, citing the plaintiff's failure to prove the claim was not timely denied and issues with IME scheduling evidence. Conversely, the court granted the defendant's cross-motion, dismissing claims for services from July 8 to September 5, 2008, as Geico demonstrated timely denial and payment under the workers' compensation fee schedule. The order was affirmed as modified.

No-fault benefitsSummary judgmentIndependent medical examinationsTimely denialWorkers' compensation fee scheduleAcupuncture servicesAppellate TermProvider actionAssigned claimsCivil Court order
References
5
Case No. 21 MC 101, 04 Civ. 7272(AKH)
Regular Panel Decision
Mar 09, 2007

In Re September 11 Property Damage

This opinion addresses the legal sufficiency of third-party actions filed by Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owners and developers of 7 World Trade Center, seeking indemnification and contribution. Silverstein, who was both a plaintiff and defendant in various lawsuits following the September 11, 2001, destruction of 7WTC, brought claims against OEM Design and Construction Defendants, Citigroup Design and Construction Defendants, and engineers Irwin Cantor and Syska. The court granted motions to dismiss from all third-party defendants. It found OEM defendants immune under the New York State Defense Emergency Act, Citigroup defendants protected by Silverstein's prior assumption of risk, and Irwin Cantor and Syska dismissed for failure to meet heightened pleading standards for licensed design professionals.

September 11 AttacksWorld Trade CenterProperty DamageBusiness LossThird-Party LitigationIndemnificationContributionMotions to DismissSDEA ImmunityAssumption of Risk
References
24
Case No. ADJ4700514 (RDG 0104247) ADJ3038015 (RDG 0121741)
Regular
Nov 10, 2008

MICHELLE TOMEI vs. GENUINE PARTS, ST. PAUL TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed defendant's petition for reconsideration because it was filed two days after the statutory deadline. The deadline for filing was September 8, 2008, but the petition was not received by the Board until September 10, 2008. The Board lacked jurisdiction to consider an untimely petition, even with consideration of CCP § 473.

CommutationPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJLabor CodeCode of Civil ProcedureTimelinessJurisdictionalOrder of CommutationOpinion on Decision
References
4
Case No. MISSING
Regular Panel Decision

Perron v. Hendrickson/Scalamandre/Posillico (TV)

The case involves an appeal by the defendants third-party plaintiffs from three separate orders of the Supreme Court, Suffolk County, concerning a personal injury action. The appellate court affirmed the orders dated September 7 and 8, 2004. However, the order dated September 9, 2004, was modified. The modification granted summary judgment to the defendants on claims of common-law negligence and Labor Law §§ 200, 240 (1), and § 241 (6) predicated upon 12 NYCRR 23-3.3 (h), finding no employer control or elevation-related risk. The court, however, properly declined to dismiss the Labor Law § 241 (6) claim based on 12 NYCRR 23-3.3 (c) due to triable issues of fact.

personal injurylabor lawsummary judgmentcommon-law negligenceappellate reviewthird-party claimelevation-related injurystatutory interpretationconstruction site safetyworkplace accident
References
7
Case No. ADJ2863431 (ANA 0399159)
Regular
Sep 17, 2008

LORA OJEDA vs. WESTMINSTER SCHOOL DISTRICT, KEENAN \& ASSOCIATES

Defendant's petition for reconsideration of a Stipulations and Award (issued September 17, 2008) is dismissed as untimely. The petition was filed November 12, 2008, after the defendant received the award on October 6, 2008.

Workers' Compensation Appeals BoardPetition for ReconsiderationAwardStipulationsIndustrial InjuryRight KneeLumbar SpineCervical SpineTemporary DisabilityPermanent Disability
References
4
Case No. ADJ6736069 ADJ6736155 ADJ7147776
Regular
Jul 07, 2010

YVETTE WHITMER vs. HI SHEAR CORPORATION, ZURICH NORTH AMERICA, GOLDEN STATE FOODS, LIBERTY MUTUAL, SANTA BARBARA APPLIED RESEARCH

This case involves Yvette Whitmer's claims for back injuries allegedly sustained on May 1, 2008, and June 13, 2008. The defendant, Hi Shear Corporation, sought reconsideration of the initial findings, arguing the claims were non-compensable post-termination claims under Labor Code section 3600(a)(10). The Appeals Board granted reconsideration, finding that Whitmer failed to provide timely notice of her injuries to the employer prior to her termination on June 23, 2008. Consequently, her claims were barred, and she was awarded no benefits.

Labor Code section 3600(a)(10)post-termination claimscompensable industrial injuriesWCJreconsiderationFindings of Factregional managerZurich North AmericaLiberty Mutualarising out of and in the course of employment
References
4
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