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

Case No. LBO 0360005
Regular
Jan 07, 2008

STEVEN PEDERSEN vs. AMERICAN CONTRACTORS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board has granted reconsideration for Steven Pedersen's case against American Contractors, Inc. and State Compensation Insurance Fund. This decision was made to allow for a more thorough review of the factual and legal issues presented. The Board will conduct further proceedings to ensure a just and reasoned decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionReconsideration UnitFrank M. BrassRick-Dietrich
References
0
Case No. MISSING
Regular Panel Decision

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
Case No. MISSING
Regular Panel Decision

Patterson-Stevens, Inc. v. International Union of Operating Engineers Local Union No. 17

Patterson-Stevens (plaintiff) sought to vacate a July 24, 1995 judgment and amend its complaint against Local 17 (defendant). The original complaint sought an injunction to prevent arbitration of a grievance initiated by Local 17, which Patterson argued was untimely under a six-month statute of limitations. The court initially dismissed the case, lacking jurisdiction to issue an injunction. Patterson-Stevens then moved to vacate, arguing the complaint implicitly stated a claim for declaratory judgment. The court denied the motion, finding no clear error of law or manifest injustice in its prior decision. Furthermore, the proposed amendment for declaratory relief was deemed futile, as there was no legal precedent supporting a statute of limitations for grievance submission, unlike federal court actions.

Collective Bargaining AgreementGrievance ArbitrationStatute of LimitationsFederal JurisdictionInjunctive ReliefDeclaratory JudgmentMotion to Vacate JudgmentMotion to Amend ComplaintFederal Rules of Civil ProcedureNational Labor Relations Act
References
6
Case No. 2018 NY Slip Op 01048
Regular Panel Decision
Feb 14, 2018

Lupton v. Pedersen

Plaintiff Felice Lupton, a paraprofessional, sustained a knee injury in a slip and fall at her school and subsequently received Workers' Compensation benefits. She initiated a negligence action against Richard Pedersen, a custodian engineer, and Michael Galant, a custodial assistant. The Supreme Court granted summary judgment to both defendants, dismissing the complaint. On appeal, the Appellate Division affirmed the order as it pertained to Michael Galant. The court held that because both Lupton and Galant were considered "in the same employ" under Workers' Compensation Law § 29 (6) (due to the New York City Department of Education's indirect employment system), Workers' Compensation benefits constituted Lupton's exclusive remedy against Galant.

Exclusive RemedySlip and FallNegligenceCo-employee ImmunityPersonal InjurySummary JudgmentAppellate ReviewDepartment of EducationCustodial StaffEmployer Liability
References
3
Case No. 2020 NY Slip Op 06534
Regular Panel Decision
Nov 12, 2020

Matter of Stevens v. Carey

The father, Robert Stevens, appealed from an order of the Family Court, Putnam County, entered August 23, 2019, which dismissed his petition to modify a prior order of custody and parental access. The Family Court had dismissed the petition without prejudice, awaiting a comprehensive substance abuse evaluation from the father. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the father failed to demonstrate a sufficient change in circumstances to warrant a modification of the parental access arrangements and had not addressed his substance abuse and mental health issues.

Custody ModificationParental AccessFamily Court AppealSubstance Abuse EvaluationChange in CircumstancesBest Interests of the ChildAppellate DivisionDismissal Without PrejudiceChild Custody
References
8
Case No. 2007 NY Slip Op 27117
Regular Panel Decision
Mar 16, 2007

Matter of Frances W. v. Steven M.

Petitioner Frances W. sought child support from respondent Steven M. for her niece, Melissa M. The court denied the application, affirming prior findings by a Referee and another Judge that Ms. W. had improperly brainwashed Melissa into falsely believing her father sexually abused her, thereby destroying their relationship. The court applied the doctrine of collateral estoppel and cited Matter of Orange County Dept. of Social Servs. v Meehan, concluding that Ms. W. forfeited her right to child support due to her egregious conduct. The decision emphasized that Ms. W. should not profit from her own wrongdoing, but clarified that Melissa M. retains the right to file her own support or enforcement petition against her father.

Child SupportParental AlienationCollateral EstoppelFamily LawChild Abuse AllegationsCustody DisputeVisitation InterferenceJudicial DiscretionForensic PsychologyChild Welfare
References
19
Case No. 532577
Regular Panel Decision
Feb 10, 2022

In the Matter of the Claim of Steven Coll

Claimant Steven Coll sustained neck and left shoulder injuries in a 2016 work accident and received temporary partial disability benefits. He subsequently took a light-duty job as a school security officer but was laid off on June 30, 2020, due to the COVID-19 pandemic. A Workers' Compensation Law Judge and the Workers' Compensation Board ruled that Coll was not entitled to reduced earnings awards after this date because his job loss was unrelated to his work-related disability. The Appellate Division affirmed, finding substantial evidence supported the Board's determination that Coll's unemployment was voluntary for workers' compensation purposes, as his disability did not cause or contribute to his separation from employment. The Court noted that his remedy would be unemployment insurance benefits.

Reduced Earnings AwardsVoluntary UnemploymentLabor Market WithdrawalCOVID-19 Impact on EmploymentWork-Related DisabilityCausation of UnemploymentWorkers' Compensation Board DecisionAppellate Division ReviewSubstantial Evidence StandardLight-Duty Employment
References
7
Case No. MISSING
Regular Panel Decision

Stevens v. Barnhart

Plaintiff Patricia A. Stevens initiated a civil action to challenge the Administrative Law Judge's denial of her disability insurance benefits and Supplemental Security Income claims. Stevens alleged disability due to various physical and mental conditions since May 2000. The court reviewed the ALJ's decision based on three main arguments from the plaintiff: improper evaluation of treating physician opinions, incorrect assessment of her residual functional capacity, and inadequate consideration of her subjective pain reports. The court found no reversible error, determining that the ALJ appropriately weighed all medical evidence and considered Stevens' subjective complaints. Consequently, the court affirmed the ALJ's decision, granted judgment to the defendant, and dismissed the plaintiff's case.

Disability Insurance Benefits (DIB)Supplemental Security Income (SSI)Social Security ActAdministrative Law Judge (ALJ)Residual Functional Capacity (RFC)Treating Physician RuleMedical Evidence ReviewSedentary WorkCredibility AssessmentVocational Expert Testimony
References
19
Case No. MISSING
Regular Panel Decision
Feb 07, 1984

Patricia L. v. Steven L.

This case involves an appeal challenging the Family Court's decision to compel a mother, Patricia L., to proceed pro se in a custody hearing after her lawyer failed to appear. The dispute originated from a divorce action between Patricia L. and Steven L., where both sought custody of their children. Despite the mother's protests and information that her lawyer was en route, the court proceeded with the hearing, leading to the mother's inability to effectively present her case. The Family Court subsequently awarded temporary and then permanent custody to the father, Steven L. The appellate court found that the mother was deprived of her fundamental right to counsel, which compromised her ability to ensure due process and protect the best interests of the children. Consequently, the appellate court reversed the Family Court's order and remitted the matter for a new hearing.

Right to counselCustody hearingPro se representationAdjournment denialParental rightsFamily Court procedureAppellate reviewAbuse of discretionDue processEffective assistance of counsel
References
20
Case No. ADJ226519 (SDO 0302236) ADJ488924 (SDO 0329999)
Regular
May 23, 2011

Craig Stevens vs. PACIFIC BELL TELEPHONE COMPANY

In this Workers' Compensation Appeals Board case, the applicant, Craig Stevens, sought removal of an order continuing his case to a mandatory settlement conference. Stevens contended entitlement to temporary disability and spinal surgery, and alleged ex parte communication with the Agreed Medical Evaluator (AME), Dr. Harvey Wieseltier, necessitating his disqualification. The Appeals Board denied the Petition for Removal, adopting the WCJ's report and noting the petition was not correctly verified. The underlying issues of medical treatment and temporary disability remain for future proceedings.

Petition for RemovalExpedited HearingMandatory Settlement ConferenceTemporary Disability IndemnitySpinal SurgeryAgreed Medical EvaluatorDisqualificationEx Parte CommunicationLine InstallerIndustrial Injuries
References
0
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