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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
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

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. MISSING
Regular Panel Decision
Dec 18, 1998

Stoll v. Port Authority of New York & New Jersey

This case concerns an appeal regarding a stipulation of settlement in a personal injury claim, involving a workers' compensation lien. The plaintiff initially refused to sign the release, asserting that his continuing workers' compensation benefits should remain unaffected, contrary to his attorney's counsel. The Supreme Court denied the defendants' motion to enforce the settlement and granted the plaintiff's cross-motion to vacate it. The Appellate Division reversed this order, finding that the plaintiff's attorney, despite a factual dispute over actual authority, possessed apparent authority to enter into the settlement. Consequently, the appellate court granted the defendants' motion to enforce the stipulation and denied the plaintiff's cross-motion.

Personal InjuryWorkers' Compensation LienStipulation of SettlementAttorney AuthorityApparent AuthorityMediationVacate StipulationAppellate ReviewNew York LawContract Enforcement
References
2
Case No. MISSING
Regular Panel Decision

Doyle v. City of New York

Plaintiff initiated a civil rights action against the City of New York, individual police officers, and Centre Firearms Co., Inc. following an alleged assault, false arrest, and malicious prosecution in 1982. Plaintiff sought to vacate a stipulation of discontinuance, claiming it was mistakenly applied to all defendants instead of only Centre Firearms. District Judge MacMAHON denied the plaintiff's motion, finding that the alleged mistakes by counsel were not grounds for relief under Fed.R.Civ.P. 60(b)(1). The court further awarded $500 in attorneys' fees to the defendants, noting that vacating the stipulation would not benefit the plaintiff as the federal claims lacked merit and state claims were time-barred.

Civil Rights ActionMotion to VacateStipulation of DiscontinuanceFed.R.Civ.P. 60(b)(1)Excusable NeglectAttorneys' Fees AwardedPendent JurisdictionStatute of LimitationsFalse ArrestMalicious Prosecution
References
11
Case No. ADJ7628834
Regular
Apr 28, 2014

DAVID GUINDON vs. ROBERTSON'S READY MIX

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their arguments regarding industrial injury stipulations and utilization review objections to be factually inaccurate and misleading. The WCAB also granted removal on its own motion to announce its intention to sanction the defendant's counsel, Corey A. Ingber and Ingber & Weinberg, LLP, for presenting a petition with substantial misrepresentations and frivolous arguments. The WCAB found the administrative law judge's award of a Sleep Number adjustable bed to be equitable and legally correct, noting the defendant's delaying tactics. Sanctions will be imposed unless counsel shows good cause otherwise.

WCABReconsiderationRemovalSanctionsLabor Code Section 4062Utilization ReviewStipulationMedical NecessityNurse Case ManagerPrimary Treating Physician
References
4
Case No. MISSING
Regular Panel Decision

Ronkese v. Tilcon New York, Inc.

Plaintiff, injured while working for Tilcon New York, Inc., sought to enforce a settlement stipulation that included the satisfaction of a workers' compensation lien. Defendant Tilcon argued that no such lien applied as the recovery was against an employer, not a third-party tortfeasor, and that federal maritime law precluded state workers' compensation benefits. The Supreme Court partially sided with defendant, denying the lien enforcement but awarding counsel fees. The appellate court reversed, holding that Workers' Compensation Law § 29 does apply to claims against employers and that federal law did not bar the plaintiff's claim for apportionment of litigation costs. The case was remitted to determine the equitable share of litigation expenses, while the counsel fee award was reversed.

Workers' Compensation LawLien EnforcementStipulation of SettlementEquitable ApportionmentLitigation CostsEmployer LiabilityFederal Maritime LawJones ActJudicial EstoppelAppellate Review
References
15
Case No. MISSING
Regular Panel Decision

In re Grace PP.

This case involves an appeal from a County Court order in Saratoga County. The order directed respondent, as attorney-in-fact for Grace PP. (an alleged incapacitated person, AIP), to pay counsel fees to the AIP's assigned counsel and to the petitioner's counsel. The petitioner, a licensed social worker, initiated a Mental Hygiene Law article 81 proceeding to appoint a guardian for Grace PP., who suffered from dementia and required nursing home placement. County Court appointed a temporary guardian and ordered the respondent to pay counsel fees. The respondent appealed, arguing the AIP was indigent due to Medicaid benefits. The appellate court found no error or abuse of discretion in the County Court's award of counsel fees and affirmed the order, noting the record lacked evidence of the AIP's indigence despite her Medicaid recipient status.

Counsel FeesIndigenceMedicaid BenefitsAttorney-in-factGuardian AppointmentIncapacitated PersonDementiaNursing Home PlacementAppellate ReviewSaratoga County
References
3
Case No. ADJ11299000
Regular
Oct 09, 2019

ORLANDO WATKINS vs. SME STEEL CONTRACTORS INC., THE HARTFORD

This Workers' Compensation Appeals Board case involves an award of additional attorney's fees and costs. Following a denial of a Petition for Writ of Review by the Second District Court of Appeal, the matter was remanded for an award of fees. The applicant's counsel and defendant's counsel stipulated to a reasonable fee amount of $4,120.88. The Board found this stipulated amount to be reasonable and issued an award accordingly.

Workers' Compensation Appeals Boardattorney's feescostsPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811stipulated agreementremandappellate attorney's feesHartford Casualty Insurance Company
References
1
Case No. ADJ7790908
Regular
May 21, 2015

ZHENNI LIANG vs. Q LOGIC CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by Nogales Psychological Counseling, Inc. due to its "skeletal" nature and failure to comply with procedural rules. The petitioner had stipulated to withdraw its lien claim at a hearing but later claimed a calendaring error caused their absence. The Board found the petitioner was not aggrieved by the dismissal order and had shown no good cause to be relieved from its stipulation. Furthermore, the Board admonished petitioner's counsel for improper filing format and misrepresentation of facts.

Nogales Psychological CounselingPetition for ReconsiderationStipulation and Order to Dismiss Lien ClaimSkeletal PetitionCalendaring ErrorReport and RecommendationLabor Code section 5902WCAB Rule 10846Aggrieved PartyStipulation to Withdraw Lien
References
1
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