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

Case No. MISSING
Regular Panel Decision

Singer v. Bell

Plaintiffs Steven and Dulce Singer, New York residents, sued multiple New Jersey residents, including Sheldon Liebowitz and his law firm, Liebowitz, Liebowitz & Clark, Esqs. The action stemmed from a New Jersey matrimonial litigation where Steven Singer failed to pay child support to his ex-wife, Emily Singer Bell. An arrest warrant was issued for Singer for $48,031 in arrearages. Plaintiffs alleged that other defendants lured Steven Singer to New Jersey, where he was arrested and detained, violating his constitutional rights (Fourth, Fifth, Fourteenth Amendments) and civil rights (42 U.S.C. §§ 1983, 1985). The specific defendants (Liebowitz and his firm) moved to dismiss the action against them, arguing lack of personal jurisdiction in New York as they do no business there and did not participate in the alleged luring scheme. Plaintiffs claimed jurisdiction under New York Civ.Prac.Law § 302(a)(2) or (3), asserting the defendants conspired with others who committed acts in New York. The court found that plaintiffs failed to make a prima facie showing of conspiracy and presented only speculation and conjecture without evidentiary facts. Therefore, the court granted the motion to dismiss the action against Liebowitz and his firm for lack of personal jurisdiction.

Personal JurisdictionMotion to DismissConspiracyCivil RightsFourth AmendmentFifth AmendmentFourteenth Amendment42 U.S.C. § 198542 U.S.C. § 1983New York Civil Practice Law § 302(a)
References
22
Case No. ADJ10007434
Regular
Sep 23, 2016

RUSSELL RASMUSSEN vs. CITY OF PETALUMA, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns a firefighter's claim for a carotid pseudoaneurysm, which the original judge found work-related based on a QME's opinion. The employer sought reconsideration, arguing the QME's opinion lacked substantial evidence as it was speculative and not based on a history of trauma. The Board granted reconsideration, finding the QME's opinion impermissibly speculative. Ultimately, the Board amended the award to exclude the pseudoaneurysm as an industrial injury, reducing the permanent disability award.

Workers' Compensation Appeals BoardCity of PetalumaRussell RasmussenIndustrial cumulative traumaCardiac palpitationsCarotid pseudoaneurysmBattalion ChiefQualified Medical EvaluatorSubstantial medical evidencePetition for Reconsideration
References
3
Case No. MISSING
Regular Panel Decision
Oct 04, 2000

Claim of Chinkel v. Fair Harbor Fire Department

In 1990, the claimant, a volunteer firefighter, suffered a causally related myocardial infarction. Four years later, he experienced chest pain and was diagnosed with unstable angina, which the Workers' Compensation Board determined was causally related to his prior injury. The employer and its workers' compensation carrier appealed this decision, arguing that the Board improperly relied on the speculative opinion of the claimant's treating physician, Stephan Cokinos. The court agreed, finding Cokinos' testimony too speculative to establish a sufficient causal link between the unstable angina and the prior injury, as he could not definitively identify the cause among multiple ailments. Therefore, the Board's decision was reversed, and the matter remitted for further proceedings.

Workers' CompensationCausal RelationshipMedical TestimonySpeculative Medical OpinionUnstable AnginaMyocardial InfarctionVolunteer FirefighterAppellate ReviewReversalRemittal
References
4
Case No. MISSING
Regular Panel Decision
Apr 18, 2006

Claim of Mayette v. Village of Massena Fire Department

A firefighter for the Village of Massena Fire Department, exposed to xylene fumes and severe sunburns in 1989, developed basal cell carcinoma and psychological conditions, leading him to file for workers' compensation in 2002. Although a Workers' Compensation Law Judge (WCLJ) initially found prima facie evidence, an independent medical examination report was later precluded. Subsequent decisions by a WCLJ and the Workers' Compensation Board found no causal link between the claimant's exposure and his disability, deeming the treating physician's testimony speculative. The appellate court affirmed, concluding that the Board's determination was supported by substantial evidence and that the claimant failed to prove causation with competent medical evidence, upholding the rejection of speculative expert opinions.

chemical exposurexylenebasal cell carcinomaskin canceroccupational diseasemedical causationspeculative testimonyexpert witnessappellate reviewfirefighter
References
11
Case No. MISSING
Regular Panel Decision

Sharpe v. Webb

The case concerns a plaintiff's claim for no-fault lost wage benefits after sustaining knee injuries in an August 2000 automobile accident. At the time of the accident, the plaintiff was unemployed, having just relocated. He argued for compensation based on "demonstrated future earnings reasonably projected," specifically his delayed entry into the New York State Police Academy due to his injuries. The court denied the plaintiff's motion, ruling that his aspirational goal to join the police academy was too speculative at the time of the August 2000 application to qualify as reasonably projected future earnings. The decision emphasizes that the No-Fault Law requires some certainty of measurement for lost wages at the application date, aiming to compensate actual economic loss rather than provide for speculative future income.

no-faultlost wage benefitsfuture earningsunemploymentknee injuryState Police Academyinsurance claimseconomic lossstatutory interpretationNew York law
References
3
Case No. MISSING
Regular Panel Decision

Ramos v. Howard Industries, Inc.

This is a dissenting opinion in a products liability action concerning a transformer explosion, where the defendant, Howard Industries, Inc., moved for summary judgment. The central issue is the defendant's entitlement to summary judgment when the allegedly defective product was unavailable for inspection or testing. The dissenting judge argues that the defendant's expert evidence, which speculates on alternative causes while admitting the inability to prove a manufacturing defect without the product, is insufficient to meet their burden for summary judgment. The dissent distinguishes this case from Speller v Sears, Roebuck & Co. by highlighting the unique disadvantage faced by the plaintiff due to the product's unavailability in rebutting speculative theories. Therefore, the dissenting judge believes the Appellate Division's decision that the defendant failed to meet its burden should have been upheld, rather than reversed by the majority.

Products LiabilitySummary JudgmentExpert TestimonyProduct UnavailabilityCausationManufacturing DefectDissenting OpinionEvidentiary BurdenAppellate ReviewTrial Procedure
References
1
Case No. MISSING
Regular Panel Decision

Claim of Rakowski v. New York State Department of Labor

Claimant (Rakowski) filed multiple workers' compensation claims over the years, alleging various injuries due to poor workplace air quality and formaldehyde exposure. Her initial 1990 claim for symptoms like dizziness and headaches was denied by the Workers' Compensation Board, a decision affirmed on appeal. Subsequent claims in 1998, alleging fibromyalgia and neurological damage, were also disallowed as duplicative. In 2004, she filed another application for lung nodules and post-traumatic stress. The Board again denied these claims, citing previous litigation, speculative connections due to elapsed time, and lack of evidence for a compensable accident. The appellate court affirmed the Board's decision, finding no abuse of discretion and supporting the Board's findings that the claims were fully litigated, duplicative, or speculative without new evidence.

Workers' CompensationAppellate ReviewOccupational DiseaseFormaldehyde ExposureWorkplace EnvironmentPrior LitigationClaim DenialMedical CausationDuplicative ClaimsStatute of Limitations
References
4
Case No. 2019 NY Slip Op 01194 [169 AD3d 861]
Regular Panel Decision
Feb 20, 2019

DiSanto v. Spahiu

The plaintiff, Andrew DiSanto, appealed an order from the Supreme Court, Richmond County, which granted summary judgment to the defendant Bledar Spahiu, dismissing causes of action alleging common-law negligence and a violation of Labor Law § 200. DiSanto sustained personal injuries when he slipped and fell from a truck while making deliveries to a construction site owned by Spahiu. He claimed to have noticed oil on the street and observed dirt and sand on the construction site and later on his boot after falling. The Appellate Division, Second Department, affirmed the lower court's decision, finding that Spahiu demonstrated, prima facie, that the sand and dirt were open and obvious conditions and that the plaintiff's inability to identify the source of the materials on his boot or the cause of his fall without speculation was fatal to his claim. The court also noted the plaintiff's affidavit was speculative and insufficient.

Personal InjuriesSummary JudgmentCommon-law NegligenceLabor Law § 200Open and Obvious ConditionProximate CauseConstruction SiteSlip and FallAppellate ReviewAffirmation
References
11
Case No. MISSING
Regular Panel Decision

Claim of Proulx v. Burnett Process

This case involves appeals from four decisions of the Workers’ Compensation Board concerning the application of amendments to Workers’ Compensation Law §§ 15 (3) (w) and 27 (2). The core issue is whether the mandatory deposit of Permanent Partial Disability (PPD) awards into the aggregate trust fund (ATF) under amended § 27 (2) applies retroactively to injuries sustained before the amendment's effective date of March 13, 2007, when the PPD awards themselves were made after July 1, 2007. The carriers argued against retroactive application and claimed that mandating lump-sum payments for uncapped PPD awards was speculative and violated equal protection rights. The Board, and subsequently the Appellate Division, affirmed the decisions, holding that the relevant date for applying the amendment to § 27 (2) is the date of the award, not the date of the accident, and that the calculations are not speculative as present value is legislatively mandated.

Workers' Compensation LawAggregate Trust FundPermanent Partial DisabilityStatutory InterpretationRetroactive ApplicationEqual ProtectionLump-Sum PaymentsAppellate ReviewWorkers' Compensation BoardPresent Value
References
7
Case No. MISSING
Regular Panel Decision

Wise v. 141 McDonald Avenue, LLC

A construction worker ("Plaintiff") was injured in Brooklyn, New York, while performing "layout" work on a building owned by 141 McDonald Avenue, LLC, with P.L.P. Reconstruction Corp. as the general contractor. On September 15, 1999, the Plaintiff fell approximately 30 feet to the basement while descending an unsecured and unanchored wooden ladder that lacked safety features. The Plaintiff, the sole witness, alleged the ladder shifted and tilted. The defendants offered speculative testimony regarding the cause, suggesting the plaintiff's tool belt got caught. The court found that the plaintiff established a prima facie case for liability under Labor Law § 240 (1), which requires owners and contractors to provide proper protection for workers. The court emphasized that failure to secure a ladder constitutes a violation and that even with speculative alternative explanations, summary judgment was warranted due to the lack of safety devices. The court ruled that contributory negligence is irrelevant under Labor Law § 240 (1) and affirmed that summary judgment is appropriate even with a sole witness.

Construction AccidentFall from LadderUnsecured LadderLabor Law § 240(1)Owner LiabilityGeneral Contractor LiabilitySummary JudgmentProximate CauseContributory NegligenceWorkplace Safety
References
11
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