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Case Law Database

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

Case No. ADJ10079944
Regular
Feb 26, 2019

Robert Fndkyan vs. Opus One Labs, Employers Compensation Insurance Company

This case concerns an applicant's entitlement to a Supplemental Job Displacement Voucher (SJDV). The original decision denied the SJDV due to the absence of a specific Physician's Return-to-Work form. However, the Appeals Board granted reconsideration, finding that the employer was sufficiently informed of the applicant's permanent disability status and work restrictions through a Qualified Medical Evaluator's report. Therefore, the Board determined that the applicant substantially complied with the requirements and is entitled to the SJDV, prioritizing substance over strict adherence to a particular form.

Supplemental Job Displacement VoucherPhysician's Return-To-Work and Voucher formQualified Medical Evaluation ReportLabor Code section 4658.7(b)permanent and stationary statuspermanent partial disabilityvocational statuswork capacitysubstantial complianceform over substance
References
2
Case No. MISSING
Regular Panel Decision
Nov 03, 1978

People v. Murray

The Supreme Court, Bronx County, rendered a judgment on November 3, 1978, convicting the defendant-appellant of criminal sale of a controlled substance in the third degree, which led to an appeal. The defendant failed to appear for a scheduled court appearance during pretrial proceedings but subsequently returned and entered a guilty plea. Initial discussions regarding a plea for a one-year minimum sentence were deemed conditional and non-binding due to the defendant's abscondence. The defendant ultimately entered a plea with the understanding of a three-year minimum sentence, with a provision for withdrawal if the probation report suggested a harsher punishment. The appellate court affirmed the judgment, highlighting the defendant's prior arrests for drug-related offenses and emphasizing the importance of upholding judicial rules against flouting court directives.

Criminal LawPlea BargainAbscondingControlled SubstanceAppellate ReviewSentencingJudicial DiscretionWithdrawal of PleaProbation ReportBronx County
References
0
Case No. MISSING
Regular Panel Decision
Mar 02, 1999

People v. Abdul

The defendant was convicted after a jury trial in the Supreme Court, New York County, of criminal sale of a controlled substance in the third degree and sentenced to a term of 2 to 6 years. The judgment was unanimously affirmed by the Appellate Division. The court determined that the verdict was based on legally sufficient evidence and there was no basis to disturb the jury's credibility determinations. The court properly denied the defendant’s preclusion motion regarding a statement made to Emergency Medical Services (EMS) personnel, finding no evidence that EMS workers acted as police agents and that the inquiry was not an interrogation. The appellate court also found no basis for a reduction of the sentence and rejected the defendant's remaining claims.

Criminal LawControlled SubstancesJury TrialEvidence SufficiencyPreclusion MotionPolice AgencyInterrogationSentence ReviewAppellate Affirmation
References
3
Case No. MISSING
Regular Panel Decision

Flores v. Anjost Corp.

Plaintiffs filed a class action lawsuit against Anjost Corporation and its principals, alleging violations of the Fair Labor Standards Act and the New York Labor Law, including issues with minimum wage, overtime pay, tip withholding, and uniform costs. The court addressed Plaintiffs' motion for class certification, following a prior conditional certification of an FLSA collective action. Evaluating the proposed classes under Rule 23 of the Federal Rules of Civil Procedure, the court found that the requirements for numerosity, commonality, typicality, and adequacy of representation were largely met. Consequently, the court granted the motion for class certification in a modified form, establishing three specific classes: a Tipped Employee Class, a Spread of Hours and Wage Statement Class, and a Uniform Claims Class. The decision also included orders for the defendants to disclose class member information and for both parties to jointly prepare a proposed class notice.

Class ActionFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and Hour ClaimsOvertime WagesMinimum WageTip WithholdingUniform CostsWage StatementsSpread of Hours Premium
References
71
Case No. ADJ7960157 (RDG 0095395) ADJ4276340
Regular
Apr 03, 2013

DAVID SANDROCK vs. INDEPENDENT BUSINESS FORMS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by the defendant, Independent Business Forms, Inc. The Workers' Compensation Appeals Board has granted this reconsideration. The Board intends to further study the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the Office of the Commissioners.

SandrockIndependent Business FormsPreferred Employers Insurance CompanyADJ7960157ADJ4276340ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardRedding District OfficeSan Francisco
References
0
Case No. ADJ4276340 RDG 0095395 ADJ7960157
Regular
Aug 15, 2013

David Sandrock vs. Independent Business Forms, Inc., Preferred Employers Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended a prior decision regarding David Sandrock's cumulative trauma claim. The WCAB found that Sandrock's cumulative trauma injury ending July 28, 2006, is not presumptively compensable because no claim form was filed with the employer, as required by Labor Code sections 5401 and 5402. The Board determined that the insurer, Preferred Employers, did not violate due process by submitting the case on briefs at a conference. The WCAB deferred the issue of injury arising out of and occurring in the course of employment (AOE/COE) and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCumulative TraumaPresumptive CompensabilityClaim Form90-Day Investigation PeriodDue ProcessIndustrial InjuryAOE/COE
References
1
Case No. MISSING
Regular Panel Decision

In re the Arbitration between New York State Office of Alcoholism & Substance Abuse Services & Ortiz

Victor Ortiz, an employee of New York State Office of Alcoholism and Substance Abuse Services (OASAS) and a member of PEF, was terminated for failing to maintain his required CASAC certification. OASAS did not follow the disciplinary procedures outlined in the collective bargaining agreement (CBA) between PEF and the state, asserting that his failure to maintain certification automatically disqualified him. Ortiz, represented by PEF, filed a grievance, arguing his termination violated articles 33 and 39 of the CBA. When OASAS and the Governor’s Office of Employee Relations maintained that the grievance process was inapplicable, respondents served a notice of intention to arbitrate. Petitioners sought to permanently stay arbitration in Supreme Court, but their petition was dismissed, and respondents' cross-motion to compel arbitration was granted. The appellate court affirmed the Supreme Court's decision, ruling that the dispute, concerning the interpretation and application of the CBA's disciplinary procedures, falls within the arbitration clause of article 34 of the CBA. The court emphasized that it is for an arbitrator to determine if article 33 of the CBA applies to terminations due to loss of required certification.

Public Sector EmploymentArbitrationCollective Bargaining AgreementEmployee TerminationProfessional CertificationDisciplinary ProcedureGrievance ProcessAppellate ReviewJudicial Review of ArbitrationStatutory Interpretation
References
6
Case No. ADJ8149685
Regular
Oct 03, 2016

Mike Amaireh vs. ALDEX TRANSPORT, INC., PROTECTIVE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that excluded Dr. Greils' reports as inadmissible due to improper QME selection. The Board found that Dr. Greils was properly selected as a psychiatric QME, emphasizing substance over form in procedural matters. Therefore, the WCJ's findings were rescinded, and Dr. Greils' reports were deemed admissible.

QME selectionadmissibility of reportspetition for reconsiderationsubstance over formpsychiatric claimorthopedic injuryagreed medical evaluatorqualified medical evaluatorWCJ findingspetition to rescind
References
9
Case No. MISSING
Regular Panel Decision

People v. Hinkein

The defendant appealed a judgment from the County Court of Columbia County, rendered on February 15, 2001, convicting her of three counts of criminal sale of a controlled substance in the third degree and one count of endangering the welfare of a child following a guilty plea. The defendant argued that the County Court erred in accepting her plea without first conducting a competency examination under CPL 730.20, given her history of manic depression. However, the Appellate Division found that the County Court did not abuse its discretion, citing correspondence from social workers indicating no mental status abnormalities and the defendant's capable responses during the plea colloquy. The appellate court also determined that the imposed sentence was neither harsh nor excessive, considering the defendant's criminal history and her use of a 12-year-old child as a drug courier. Consequently, the judgment of the County Court was affirmed.

Criminal sale of controlled substanceEndangering welfare of childGuilty pleaCompetency issueCPL 730.20Second felony offenderConcurrent sentenceManic depressionMental health assessmentAppellate review
References
13
Case No. ADJ9918605; ADJ8732256
Regular
Jan 18, 2023

ANGELA BANKS ROBINSON vs. BERKELEY UNIFIED SCHOOL DISTRICT, INTERCARE SERVICES, INC.

This case concerns a defendant's appeal of a workers' compensation administrative law judge's order to pay a medical lien claimant. The defendant argued the judge erred by not relying on a later Independent Medical Review (IMR) that denied the medical necessity of some services, and by failing to issue explicit findings of fact. The Appeals Board affirmed the judge's order, finding the earlier IMR that authorized the services was controlling and that the judge's findings were implicitly stated in the order, prioritizing substance over form.

Workers' Compensation Appeals BoardIntegrated Pain CareLien ClaimantFunctional Restoration ProgramIndependent Medical ReviewUtilization ReviewTimelinessMedical NecessityPenaltyFindings of Fact
References
5
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