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

Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
4
Case No. MISSING
Regular Panel Decision

Council v. Donovan

The petitioner, James T. Council, a substitute teacher, challenged his dismissal and the cancellation of his license after refusing to participate in mandatory shelter drills, citing conscientious objections to nuclear warfare. He argued his rights under Civil Service Law § 75 and the First and Fourteenth Amendments were violated, and that the drills were ineffective. The court dismissed his petition, ruling that as a substitute teacher in the unclassified service, he was not entitled to a formal hearing under Civil Service Law § 75. While acknowledging freedom of conscience, the court affirmed that conduct is subject to reasonable governmental regulation for public safety, upholding the acting Superintendent's decision to cancel his license due to insubordination. The court concluded that the penalty was not an abuse of discretion, as public employment is contingent on complying with lawful terms set by school authorities.

Substitute TeacherLicense CancellationCivil Service LawFreedom of ConscienceFirst AmendmentFourteenth AmendmentShelter DrillsInsubordinationAdministrative RemedyJudicial Review
References
27
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
Case No. MISSING
Regular Panel Decision
May 22, 2009

In re Jessica L.

This case concerns an appeal by a father against a finding of neglect regarding his two children. The children resided with their mother, who had a history of drug use. The father, suspecting the mother was currently using drugs, anonymously contacted the Administration for Children's Services (ACS). Although the mother subsequently tested positive for cocaine, the appellate court reversed the Family Court's neglect finding against the father. The court determined that the father's actions, including his proactive call to ACS, met the minimum degree of care required and did not constitute neglect, thereby vacating the finding and dismissing the petition against him.

Family LawChild NeglectParental RightsAppellate ReviewFamily CourtSubstance AbuseDrug TestingACS InterventionMinimum Degree of CareReversal of Finding
References
3
Case No. ADJ12405860; ADJ7255430; ADJ7241349
Regular
May 06, 2025

Callie Merkerson vs. California Department of Corrections and Rehabilitation, State Compensation Insurance Fund

Applicant Callie Merkerson and defendant California Department of Corrections and Rehabilitation, administered by State Compensation Insurance Fund, both sought reconsideration of a Joint Findings and Awards (F&A) dated October 23, 2024. The Appeals Board denied the applicant's petition but granted the defendant's petition, rescinding the original F&A and substituting a new decision. The substituted decision incorporated the Workers' Compensation Administrative Law Judge's recommendations, addressing clerical errors, clarifying permanent disability rates, and affirming findings related to industrial injuries to the bilateral wrists and psyche, relying on the medical opinions of QMEs William Campbell, D.O., and Anish Shah, M.D.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardsRight Shoulder InjuryPsyche InjuryBilateral WristsCarpal Tunnel SyndromeLabor Code Section 4658(d)Industrial Disability LeavePermanent Disability Indemnity
References
12
Case No. ADJ8759846
Regular
Jun 05, 2025

Manuel Agurto vs. Peterberg Construction, Inc.; Praetorian Insurance Work Comp Program

Applicant, Manuel Agurto, seeks reconsideration of the February 4, 2025 Findings and Order (F&O) where the WCJ found injury to his psyche and determined his average weekly wage. The WCJ's Opinion on Decision (OOD) also included findings of injury to other body parts and awarded future medical for some. Applicant challenged various interlocutory issues. The Workers' Compensation Appeals Board granted the Petition for Reconsideration to rescind the F&O and substitute it with a Findings, Award, and Order (FA&O) to reflect all of the WCJ's findings, awards, and orders, including additional body parts injured and an award of future medical, while deferring other issues for further development of the record. The Board admonished applicant's attorneys for frivolous conduct.

AOE/COEpsyche injuryAMEPQMEoccupational group 480Labor Code 4453(c)(4)petition for reconsiderationfinal orderinterlocutory issuesremoval standard
References
8
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision

European American Bank v. Strab Construction Corp.

The plaintiff-appellant filed a motion to resettle a prior decision from April 5, 1993, seeking to substitute Marla Strow for the deceased defendant Jerome Strow and to include prejudgment interest in the judgment. The court denied the substitution motion without prejudice, directing an application to the Surrogate's Court and then a motion in the Supreme Court. However, the branch of the motion concerning prejudgment interest was granted, leading to the recall and vacation of the original April 5, 1993 decision, and the substitution of the present decision and order. In this new decision, the appeal against Jerome Strow was dismissed, and the order pertaining to him was vacated because he died before the summary judgment motion was decided. Conversely, the court reversed the prior order concerning defendants Strab Construction Corp. and Gary Rabinowitz, granting summary judgment to the plaintiff for $1,205,000, and remitting the case for the calculation of prejudgment interest and attorney fees.

Promissory NotesSummary JudgmentPrejudgment InterestSubstitution of PartiesDeceased DefendantStatute of FraudsOral AgreementAppellate ProcedureCivil ProcedureNassau County
References
8
Case No. ADJ9028738 ADJ9028704
Regular
May 15, 2017

ROSALINDA NAVARRO vs. THE REDBURY AT HOLLYWOOD AND VINE/SBEEG HOLDINGS, LLC, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of the ALJ's findings regarding temporary and permanent disability benefits. The Board found the petition timely despite a filing delay due to administrative error. It rescinded the original decision, substituted new findings, and returned the case to the trial level to further develop the record on apportionment and address the calculation of temporary disability benefits. The revised findings identify the date of injury and injured body parts.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Awards & OrdersTemporary DisabilityPermanent DisabilityApportionmentMedical EvidenceLabor CodeDue ProcessTolled
References
4
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