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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Ray

The Commissioner of Social Services filed neglect petitions against June Ray concerning her two children, Laura and Darnell. The petitions alleged the mother failed to provide proper psychiatric care for Laura, who exhibited hyperactivity and emotional disturbance. Despite recommendations from school counselors and social workers, and referrals to treatment centers, the respondent consistently failed to follow through with Laura's therapy, believing nothing was wrong with her. Medical testimony confirmed Laura's emotional neglect and the need for psychiatric intervention. The court found Laura Ray to be a neglected child due to the mother's unwillingness to pursue recommended therapy, but dismissed the petition regarding Darnell Ray, citing insufficient evidence of neglect for the second child.

NeglectChild WelfareFamily Court ActEmotional NeglectPsychiatric CareParental ResponsibilityChild ProtectionMedical InterventionImpaired Emotional Health
References
5
Case No. MISSING
Regular Panel Decision
May 20, 1993

Ray v. Metropolitan Transportation Authority

Larry Ray, a maintenance worker, and Blake Willett, an LIRR Police Officer, were involved in a physical altercation where Willett allegedly beat and handcuffed Ray. Ray was later released by Willett's supervisor. Plaintiffs sued Willett and the Long Island Rail Road (LIRR) for battery, false arrest and imprisonment, negligent retention, and civil rights violations under 42 USC § 1983. The Supreme Court, Kings County, dismissed claims against the LIRR for negligent retention and civil rights violations and dismissed the complaint against Willett due to defective service of process. The jury found Willett liable for battery and false arrest/imprisonment but not for civil rights violation. The appellate court affirmed the judgment, finding no error in the dismissals, concluding that Willett's conduct was not within the scope of employment and he was not acting under color of state law, and that service upon Willett was indeed defective.

BatteryFalse ImprisonmentCivil Rights ViolationNegligent RetentionRespondeat SuperiorPolice MisconductPersonal JurisdictionService of ProcessAppellate LawKings County
References
17
Case No. ADJ13262420
Regular
Oct 20, 2025

JOSE MORALES vs. KENNETH C. RAY, COMPASS DEVELOPMENT AND CONSTRUCTION, INC., BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted defendant Kenneth C. Ray's petition for reconsideration of an Amended Findings and Award (F&A) issued by a workers' compensation administrative law judge (WCJ) on July 15, 2025. The original F&A had found that applicant Jose Morales was employed by Kenneth C. Ray and sustained an industrial injury but was not employed by Barrett Business Services, Inc. The Board rescinded the F&A and substituted a new F&A, affirming Morales's employment by Kenneth C. Ray and not by BBSI. The matter was returned to the trial level for further proceedings under a new WCJ to determine issues regarding employment with Compass Development and Construction Inc., the participation of the Uninsured Employers Benefits Trust Fund, and the specific body parts injured.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and Awardarising out of and in the course of employmentemploymentliabilitythird-party administratorsubstantial evidencecausationdeposition testimony
References
18
Case No. ADJ2088268 (MON0341079)
Regular
Dec 07, 2012

ERNESTINA MORALES (Deceased), MARIO R. CHAVARRIA, DEATH WITHOUT DEPENDENTS UNIT vs. SHEILA HARTMAN, ALLSTATE INSURANCE CO., SHEILA HARTMAN MANAGEMENT CO., BENEDICT CANYON PRODUCTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns the compensability of a housekeeper's death that occurred on her employer's premises. The appellate board granted reconsideration but affirmed the WCJ's decision finding the death arose out of and in the course of employment under the "bunkhouse rule," despite the decedent not working weekends. It also clarified that the decedent was employed by Sheila Hartman individually, not by related production companies. The board found no error in dismissing the other companies and their insurer, as this was a determination of employment status, not a coverage dispute.

Workers' Compensation Appeals BoardPetition for ReconsiderationErnestina MoralesSheila HartmanAllstate Insurance Co.Specialty Risk ServicesSheila Hartman Management Co.Benedict Canyon ProductionsState Compensation Insurance FundWCJ
References
3
Case No. MISSING
Regular Panel Decision

Sheila C. v. Povich

Sheila C., a minor, filed a complaint alleging negligence against the Maury Povich Show and its staff after she was raped by a limousine driver associated with the show. The plaintiff claimed the defendants' negligent acts, including inadequate supervision and instructions to act provocatively, led to her assault. The court denied the defendants' motion to dismiss the negligence and negligent hiring/retention claims, recognizing a duty of care for minors under supervision. However, claims for emotional distress and negligence per se were dismissed, and the slander claim was dismissed with leave to replead. The plaintiff's cross-motion for leave to amend was mostly denied.

Talk Show TortsNegligent SupervisionChild EndangermentEmotional Distress ClaimSlander ClaimNegligent HiringNegligent RetentionMotion to DismissDuty of CareForeseeability
References
71
Case No. AHM 81069 AHM 81103 AHM 81104
Regular
Jan 14, 2008

SHEILA RAY vs. RALPHS GROCERY COMPANY, SEDGWICK DMS, INC.

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior order that had set aside a 2001 stipulated award. The Board found the judge lacked jurisdiction under Labor Code section 5804 to grant the applicant's petition to set aside the award due to a supposed mutual mistake regarding permanent disability rating. Consequently, the applicant's petitions to set aside the award and to reopen for new and further disability were denied.

WCABRalphs Grocery CompanySedgwick DMSSheila RayReconsiderationStipulated AwardMutual MistakeDisability Evaluation SpecialistPetition to Set AsideJurisdiction
References
0
Case No. ADJ11664933
Regular
Oct 05, 2020

SHEILA RANCOUR vs. SAVE MART SUPERMARKETS

This case involves Sheila Rancourt's workers' compensation claim against Save Mart Supermarkets. The Appeals Board granted reconsideration of a prior award due to the omission of future medical treatment. Despite the parties not explicitly listing this issue, the Board found that a prior stipulation requiring further medical treatment mandated its inclusion. Consequently, the Board amended the original award to include all future medical treatment necessary to cure or relieve the applicant's injury.

Workers' Compensation Appeals BoardSave Mart SupermarketsCorvel Corp.Petition for ReconsiderationWCJ reportfuture medical treatmentLabor Code section 5702stipulationMinutes of Hearing and Summary of Evidencefull adjudication
References
0
Case No. 2022 NY Slip Op 03790
Regular Panel Decision
Jun 09, 2022

Matter of Hamling

Jerry Ray Hamling, an attorney admitted in New York in 2015, pleaded guilty in June 2020 to falsifying business records in the second degree, a class A misdemeanor. This conviction stemmed from his actions directing his payroll processing company, Affinity Human Resources, LLC, to treat one of a construction client's companies as separate, leading to knowing omissions in payroll records. The Attorney Grievance Committee for the Third Judicial Department moved to impose discipline, citing the conviction as a "serious crime." The Court concurred, finding the conviction, which included intent to defraud, qualified as a serious crime under Judiciary Law § 90 (4) (d). Weighing mitigating factors like a clean disciplinary record against aggravating factors such as illegal conduct despite substantial legal experience, the Court ordered a one-year suspension from the practice of law to safeguard the public and uphold professional integrity.

Attorney MisconductFalsifying Business RecordsSerious CrimeProfessional DisciplineSuspension of AttorneyPayroll FraudIntent to DefraudAppellate DivisionJudiciary Law 90Disciplinary Proceedings
References
5
Case No. ADJ3742197 (SJO 0243687)
Regular
Sep 09, 2015

SHEILA VANZANT LEWIS vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board dismissed Sheila VanZant Lewis's petition for reconsideration because it was filed late. The petition was filed on July 16, 2015, which was more than 25 days after the Workers' Compensation Judge's decision on May 13, 2015. Filing a petition for reconsideration outside the statutory timeframe is considered untimely and deprives the Board of jurisdiction to consider it. Therefore, the Board had no authority to act on the petition and was required to dismiss it.

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardWCJJurisdictionalService of DecisionMailing ExtensionProof of FilingSubsequent Injuries Benefits Trust Fund
References
4
Case No. ANA 0405476
Regular
Apr 04, 2008

RESEANNE RAY vs. VERIZON WIRELESS, SEDGWICK CLAIMS MANAGEMEN SERVICES

This case involves Applicant Roseanne Ray's challenge to the calculated average weekly wage (AWW) and resulting temporary disability indemnity rate in her workers' compensation claim against Verizon Wireless. The Appeals Board granted reconsideration, finding a clerical error in the original award and a mutual mistake regarding the AWW calculation. The Board amended the award to increase the temporary disability indemnity rate to \$830.78 per week based on applicant's pre-injury earnings, finding she was underpaid.

Workers' Compensation Appeals BoardReconsiderationStipulations and Request for AwardTemporary Total DisabilityAverage Weekly WagesMutual Mistake of FactClerical ErrorIndemnity RatePermanent DisabilityMedical-Legal Expenses
References
0
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