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

Case No. SAC 0367901
Regular
Jul 17, 2008

PATRICIA ALLEN vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The defendant sought reconsideration of a Stipulations With Request For Award where the WCJ approved some stipulations but withheld others related to penalty and benefit settlements. The WCAB granted reconsideration, finding the WCJ violated Rule 10497 by striking material stipulations without notice or an opportunity to be heard. Consequently, the Stipulations and Award were rescinded, and the case was returned to the trial level for further proceedings.

Writ of ReviewLabor Code section 5814 penaltiesLabor Code section 4658supplemental job displacement benefitIndustrial Disability Leave (IDL)WCAB Rule 10497Stipulations With Request For Awardpermanent disabilityadministrative law judgeworkers' compensation
References
2
Case No. MISSING
Regular Panel Decision

In re Linda FF.

This case involves an appeal from Family Court orders regarding a respondent's violation of supervision orders concerning her two children, Linda FF. and Charles FF. The respondent had previously consented to neglect findings for both children, who were placed in petitioner's custody, and was placed under supervision with conditions including family counseling, parenting education, and anger management. Petitioner initiated violation proceedings alleging the respondent failed to comply with these terms by missing classes and exhibiting a negative attitude, and Family Court found a willful violation, revoking the supervision orders and imposing a suspended 45-day jail term. On appeal, the respondent argued that Family Ct Act § 1072, used for enforcement, only applies to supervision orders issued under § 1054, not her orders which were likely under § 1057, but the appellate court interpreted this as legislative oversight and allowed enforcement under § 1072. The court affirmed the Family Court's determination, finding ample evidence of willful and unjustifiable violation of the supervision order terms.

Family LawChild NeglectSupervision OrderViolation ProceedingFamily Court Act § 1072Legislative OversightParenting ClassesAnger ManagementCustodyWillful Violation
References
3
Case No. MISSING
Regular Panel Decision

Haddad v. City of Albany

The petitioner appealed a Supreme Court judgment that dismissed their application, which combined a CPLR article 78 proceeding and an action for declaratory judgment. The application challenged the respondent's denial of a request to rescind waste removal violation bills issued by the Department of General Services (DGS) of the City of Albany. The Supreme Court had found that the petitioner failed to exhaust administrative remedies and that claims regarding preemption of local waste ordinances by state penal law were without merit. During the pendency of the appeal, the Board of Zoning Appeals (BZA) administratively reviewed the violations, reversing some charges and upholding others. The appellate court affirmed the Supreme Court's judgment, concluding that a violation of the City of Albany's waste code was not a criminal violation under Penal Law § 55.10, and that the petitioner was indeed required to exhaust administrative remedies for their constitutional claims, as these claims implicated specific aspects of the administrative proceeding rather than the administrative scheme itself.

WasteManagementAdministrativeLawMunicipalCodePenalLawExhaustionOfRemediesDeclaratoryJudgmentAppellateReviewEnvironmentalViolationsPublicHealthPropertyMaintenance
References
10
Case No. MISSING
Regular Panel Decision

Kletter v. Fleming

This case involves an appeal from an order that granted the plaintiff's motion to dismiss the defendant's counterclaim alleging a violation of Labor Law article 6. The defendant, a dentist, worked for the plaintiff under a contract and, after termination, filed counterclaims for nonpayment and Labor Law violations. The Supreme Court dismissed the Labor Law counterclaim and precluded the defendant from presenting proof for corrective work payment. The appellate court affirmed, ruling that Labor Law article 6 was inapplicable as the claim was a common-law contractual remuneration claim and not a substantive violation. It also upheld the preclusion regarding payment for corrective work, citing the clear terms of the contract and the parol evidence rule, which barred extrinsic evidence of additional payment terms.

breach of contractlabor law violationwage disputecontractual remunerationparol evidence rulesummary judgmentpreclusion motionappellate reviewdentist employmentemployer-employee dispute
References
8
Case No. MISSING
Regular Panel Decision

Kowalski v. Fisher 40th & 3rd Co.

The case involves an appeal by UNESCO, Inc., a third-party defendant, against an order and judgment from the Supreme Court, Kings County. The lower court granted the plaintiff's motion to estop UNESCO from denying a stipulation to add its Workers' Compensation Law lien to a jury's damage award, and entered judgment against UNESCO. The appellate court dismissed the appeal from the order but reversed the judgment, vacated the order, and denied the plaintiff's motion. The appellate court found no evidence of a written or open-court stipulation and no reliance by the plaintiff on the alleged stipulation, thus concluding that the Supreme Court erred in applying estoppel. The matter was remitted for further proceedings.

Personal InjuryWorkers' CompensationStipulationEstoppelAppealJudgment ReversalCPLRAppellate ProcedureThird-Party ActionLien
References
6
Case No. ADJ7412016
Regular
May 10, 2011

DORIS CORTES vs. BANK OF THE WEST, ESIS

This case involves an applicant who sustained bilateral wrist and elbow injuries but experienced no lost time from work. The applicant stipulated to zero permanent disability, though the WCJ ordered an Almaraz/Guzman assessment, which the defendant sought to rescind. The Appeals Board granted the petition for removal, rescinded the WCJ's order, and will approve the stipulations unless the applicant objects within twenty days. The Board found the stipulations adequate based on the record and the applicant's continued employment.

WCABPetition for RemovalAlmaraz/Guzman assessmentStipulations with Request for Awardpermanent disability ratingobjective findings of impairmentqualified medical evaluator (QME)American Medical Association Guidesmandatory settlement conference (MSC)rescinded order
References
2
Case No. MISSING
Regular Panel Decision
Aug 10, 2004

Claim of Mickens v. New York City Transit Authority

The claimant suffered a work-related injury in 1993 and subsequently filed a claim for workers' compensation benefits. A stipulation agreement between the claimant and employer, which adjusted weekly awards and set future payments, was approved by a Workers’ Compensation Law Judge. The claimant appealed this decision to the Workers’ Compensation Board, asserting the stipulation's invalidity, inadequate legal representation, and excessive counsel fees. The Board upheld the WCLJ's decision and denied the claimant's request for reconsideration. The appellate court affirmed the Board's decisions, finding the stipulation binding and the counsel fee award within the Board's discretion, and no abuse of discretion in denying reconsideration.

Stipulation AgreementCounsel FeesBoard ReviewAppellate ReviewPsychological ImpairmentsWork-related InjuryDecision AffirmedDiscretionary PowersLegal RepresentationBenefit Adjustment
References
6
Case No. MISSING
Regular Panel Decision

Hayes v. Hayes

This case concerns an appeal from the Family Court of Saratoga County's dismissal of a petitioner's application to hold the respondent in willful violation of a child support order. The respondent, who had accumulated significant arrears and made no payments since September 1999, claimed disability due to an automobile accident but failed to provide sufficient medical evidence to support his inability to pay. The Hearing Examiner erred by finding no willful violation and by sua sponte reducing the respondent's child support obligation without a cross-petition or adequate proof of changed circumstances. The Appellate Division reversed the lower court's order, granted the petitioner's application, and remitted the matter for further proceedings, concluding that a willful violation was warranted and the downward modification was improper.

Child SupportWillful ViolationSupport ArrearsDisability ClaimMedical EvidenceDownward ModificationFamily CourtAppellate ReviewBurden of ProofNonpayment
References
4
Case No. MISSING
Regular Panel Decision

Claim of Willard v. O-At-Ka Milk Products Cooperative

A claimant was awarded workers' compensation benefits after falling from a milk truck in 2009, suffering multiple injuries. The employer alleged the claimant violated Workers’ Compensation Law § 114-a by failing to disclose a 2007 motor vehicle accident and related neck pain. While a Workers’ Compensation Law Judge initially found a violation, the Workers’ Compensation Board rescinded this decision, concluding no violation occurred, and remitted the case for further development on the degree of disability. The employer appealed. The appellate court affirmed the Board's decision, finding substantial evidence supported the conclusion that the claimant did not knowingly make a false statement, given testimony that she was not specifically asked about prior neck issues and that her previous neck soreness was minor and temporary.

Workers' CompensationFraud AllegationMisrepresentationPrior Injury DisclosureIndependent Medical ExaminationAppellate ReviewSubstantial EvidenceNew York LawNeck InjuryDisability Assessment
References
3
Case No. MISSING
Regular Panel Decision

In re Justin J.

Petitioner initiated neglect proceedings under Family Ct Act article 10 against respondent Arnold J. and his wife, alleging inadequate supervision, failure to administer prescribed medication, excessive corporal punishment, and drug abuse in the presence of their six children. The children were subsequently removed from the home. The Family Court of Clinton County found respondent and his wife committed acts constituting neglect and violated preliminary orders. Respondent appealed both findings. The appellate court noted that the appeal concerning the violation of preliminary orders had been previously resolved. Focusing on the neglect finding, the court found ample evidence to support the Family Court's determination, including respondent's admissions to inadequate supervision, using excessive corporal punishment, and smoking marihuana while caring for the children. Further testimony from a friend, a physician, and a caseworker corroborated the neglect allegations, detailing drug use, suspected medication sales, and respondent's erratic behavior endangering the children. Consequently, the appellate court affirmed the order finding neglect and dismissed the appeal from the order finding respondent in violation of prior orders.

Child NeglectFamily CourtParental RightsSubstance AbuseCorporal PunishmentInadequate SupervisionAppellate ReviewEvidenceCredibilityDomestic Violence
References
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