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

Case No. 2015 NY Slip Op 09604
Regular Panel Decision
Dec 29, 2015

Maggio v. 24 West 57 PFF, LLC

Plaintiff Joseph Maggio, a drywall installer, was injured after falling from a scaffold staircase at a premises owned by 24 West 57 APF, LLC and leased by Ana Tzarev New York, LLC (ATNY). The scaffold, constructed by Atlantic Hoist & Scaffolding, LLC, had a modified staircase with plywood covering some steps, lacking anti-slip protection and having an irregular rise. Plaintiff attributed his fall to these conditions and the presence of construction debris. The Supreme Court initially denied summary judgment motions from defendants 24 West and ATNY, citing outstanding discovery, and later denied renewed motions. On appeal, the Appellate Division found 24 West and ATNY justified in bringing the second motion but denied their request for summary judgment on negligence and Labor Law § 200 claims due to factual questions regarding notice of the dangerous condition. The court also denied plaintiff's untimely cross-motion for partial summary judgment on his Labor Law § 240 (1) claim. The Appellate Division modified the lower court's order, granting ATNY conditional contractual indemnification against R&R, and otherwise affirmed the decision.

Summary JudgmentLabor Law § 200Labor Law § 240 (1)Common-Law NegligenceContractual IndemnificationCommon-Law IndemnificationScaffold AccidentConstruction Site InjuryPremises LiabilityAppellate Procedure
References
12
Case No. B371-2013, B372-2013
Regular Panel Decision

People v. English

The defendant was arrested for attempted kidnapping and compelling a 14-year-old to engage in prostitution. Incident to the arrest, an iPhone was seized and searched under warrant B371-2013, and an apartment was searched under warrant B372-2013. The defendant moved to controvert both search warrants. The court denied the motion regarding B371-2013, finding the search of the cell phone's contents did not exceed the warrant's scope given the flexibility afforded in digital searches and the plain view doctrine for other incriminating evidence. However, the court granted in part the motion regarding B372-2013, ruling that the warrant for the apartment's electronic devices lacked the necessary specificity under the Fourth Amendment, leading to the suppression of evidence seized from those devices. Evidence seized under the valid portions of B372-2013 (non-electronic items like a holster and ammunition) was deemed admissible.

Search warrantFourth AmendmentCell phone searchElectronic device searchParticularity requirementProbable causeSuppression of evidencePlain view doctrineDigital forensicsAttempted kidnapping
References
13
Case No. ADJ8572033
Regular
Jan 23, 2017

NELLY MOLINA vs. MACY'S CORPORATE SERVICES, Permissibly Self-Insured, Administered By MACY'S

This case involves a lien claim by Industrial Healthcare for medical services provided to applicant Nelly Molina from November 6, 2012, to September 10, 2013. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing the lien, upholding the administrative law judge's finding that the lien was untimely. The WCAB ruled that because the last date of service (September 10, 2013) was after July 1, 2013, the 18-month statute of limitations under Labor Code section 4903.5(a) applied, making the lien filed on September 2, 2015, tardy. A dissenting opinion argued that continuous services provided both before and after July 1, 2013, should be subject to the three-year statute of limitations, allowing for a single lien filing.

Labor Code section 4903.5(a)statute of limitationslien claimreconsiderationOrder Dismissing Lienworkers' compensation administrative law judgeIndustrial HealthcareInnovative Medical ManagementMacy's Corporate Servicescontinuous treatment
References
7
Case No. ADJ7970557 ADJ7234375
Regular
Aug 01, 2016

LAURA MIRANDA vs. EL SUPER MARKET, PACIFIC COMPENSATION/NORTH RIVER INSURANCE COMPANY

This case involves a lien claimant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision barring their lien for medical services. The WCJ found the lien untimely under Labor Code section 4903.5(a) because it was filed more than 18 months after the last date of service, which occurred after July 1, 2013. The Appeals Board agreed, clarifying that the 18-month limit applies to services provided on or after July 1, 2013, and the filing on September 24, 2015, was indeed too late. The Board found the lien claimant had a reasonable time to file given the statutory amendment's effective date.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationStatute of LimitationsLabor Code Section 4903.5(a)Joint Findings and OrderWCJTimelinessDate of Services18-month limitation period
References
0
Case No. 528398
Regular Panel Decision
Oct 17, 2019

Matter of Angelino v. New York State Comptroller

Petitioner Joseph Angelino, a police officer, sought accidental disability retirement benefits after sustaining wrist injuries in two separate on-duty incidents in 2012 and 2013. The New York State and Local Police and Fire Retirement System denied his application, a decision upheld by the Comptroller. Angelino initiated a CPLR article 78 proceeding to challenge the determination. The court addressed whether the September 2012 incident constituted an 'accident' and if Angelino was permanently incapacitated due to the September 2013 accident. The Appellate Division found that substantial evidence did not support the Comptroller's determination regarding permanent disability from the 2013 accident, specifically noting reliance on an incomplete medical expert opinion. Consequently, the determination was annulled, and the matter remitted for further proceedings consistent with the court's decision.

Accidental disability retirement benefitsPolice officer injuryWrist injuryFoot pursuitBuilding collapsePermanent incapacityRetirement and Social Security LawDefinition of accidentCredibility determinationConflicting medical opinions
References
22
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. 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. MISSING
Regular Panel Decision

Claim of Salvet v. Union Carbide Linde Division

Claimant sustained two compensable injuries, leading to a permanent partial disability classification in 1983 with a nonschedule award of $95 per week. Subsequently, in 1984, the claimant was diagnosed with a 24.2% occupational binaural hearing loss, resulting in a schedule award of $105 per week for 36.3 weeks. The Workers' Compensation Board, following an application by the carrier, reduced this schedule award to $10 per week. This reduction was based on Workers' Compensation Law § 15 (6) (a), which sets a maximum of $105 per week for compensation for permanent or temporary partial disability, indicating that the aggregate of both awards should not exceed this statutory limit. The appellate court affirmed the Board's decision, ruling that the statutory maximum applies to the total of all permanent partial disability awards, irrespective of whether they are schedule or nonschedule awards.

Workers' Compensation LawPermanent Partial DisabilityOccupational Hearing LossSchedule AwardNonschedule AwardStatutory MaximumAggregate AwardsWorkers' Compensation Board AppealStatutory InterpretationConcurrent Awards
References
6
Case No. ADJ7741312
Regular
Nov 27, 2013

MARIA GONZALEZ vs. MONTEREY PENINSULA COUNTRY CLUB

This case involves a petition for reconsideration filed by the applicant, Maria Gonzalez, against Monterey Peninsula Country Club. The applicant has formally withdrawn their petition for reconsideration of the September 24, 2013 decision. Consequently, the Workers' Compensation Appeals Board has dismissed the petition.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionSeptember 24 2013 decisionMonterey Peninsula Country ClubPermissibly Self-InsuredADJ7741312Salinas District OfficeMaria Gonzalez
References
0
Case No. ADJ9097128
Regular
Jun 18, 2015

MATTHEW WALKER vs. TAMPA BAY LIGHTNING, CHICAGO BLACKHAWKS, ST. LOUIS BLUES, FEDERAL INSURANCE (CHUBB GROUP OF INSURANCE COMPANIES)

This case concerns a professional hockey player's workers' compensation claim filed after September 15, 2013. The key issue was whether the amended Labor Code section 3600.5, effective on that date, barred the claim. The Appeals Board reversed the initial finding, holding that the statute's plain language dictates its application to claims filed on or after September 15, 2013. As the applicant's claim was filed after this date, the amendments apply. Due to a stipulation that the amended law bars the claim, the applicant was ordered to take nothing.

Labor Code 3600.5Petition for ReconsiderationDecision After ReconsiderationProfessional AthleteCumulative Industrial InjuryFiling DateLabor Code 5401(c)Code of Civil Procedure 12aCalifornia Code of Regulations title 8 section 10508Operative Date
References
0
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