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

Case No. ADJ877465 (GOL 0100460) ADJ1413444 (GOL 0100461)
Regular
Dec 27, 2017

SUZANNE COSTELLO vs. NORTHERN TRUST BANK, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding of 100% permanent disability for Suzanne Costello. The applicant sustained admitted injuries to her lumbar spine, psyche, and gastrointestinal system in a 2003 fall, resulting in significant physical limitations. Medical and vocational evidence supported the conclusion that she cannot participate in vocational rehabilitation or return to the labor market due to chronic pain, immobility, and psychological impairments. The Board found her limitations, including upper extremity symptoms noted by one evaluator, were consistent with the industrial injury and thus supported the total disability finding.

WCABNorthern Trust BankZurich North AmericaSuzanne CostelloFindings of Fact and AwardPetition for Reconsiderationvocational rehabilitationLeBoeuf analysisPermanent Disability Rating ScheduleReport and Recommendation
References
0
Case No. MISSING
Regular Panel Decision

Alfano v. Costello

Plaintiff Georgiann E. Alfano filed a sexual discrimination lawsuit against her employers and supervisors, Joseph J. Costello et al., in the New York State Department of Correctional Services. Defendants moved to dismiss the complaint for various reasons, including lack of subject matter jurisdiction, failure to exhaust administrative remedies, statute of limitations, and failure to state a cause of action. The court partially granted and partially denied the motion, dismissing claims against some individual defendants and certain allegations due to exhaustion issues and timeliness. However, it retained claims regarding improper evaluations, unsafe conditions, and a hostile work environment, finding sufficient allegations to proceed. The court also clarified that Title VII claims against individual defendants in their individual capacities are dismissed, but state law claims against them are retained.

Sexual DiscriminationHostile Work EnvironmentRule 12(c) MotionJudgment on the PleadingsAdministrative ExhaustionEEOC ComplaintStatute of LimitationsContinuing Violation DoctrineIndividual LiabilityNew York Human Rights Law
References
31
Case No. MISSING
Regular Panel Decision

In re Hime Y.

This appeal concerns the termination of a natural mother's parental rights to her children, Suzanne and Hime, focusing on the ground of 'mental illness.' Previously, the case involving Suzanne was remanded due to an erroneous 'no-fault' theory, and a separate proceeding for Hime had dismissed termination, granting custody to foster parents with visitation rights for the mother. The appellate court now scrutinizes the record for the first time regarding the 'mentally ill' contention, considering medical reports, caseworker testimonies, and drawing an unfavorable inference from the mother's failure to present her own psychiatric evidence. The court found 'clear and convincing' proof that the mother suffered from a residual form of schizophrenia, preventing her from properly caring for Hime and putting the child in danger of neglect. Consequently, the Family Court's order dismissing causes relating to Hime was modified; the petition to terminate parental rights based on mental illness was granted, the mother's visitation privileges were vacated, and the matter was remanded for further proceedings.

Parental Rights TerminationMental IllnessSchizophreniaChild NeglectAppellate ReviewFamily Court ActSocial Services LawVisitation RightsFoster CarePsychiatric Evaluation
References
5
Case No. ADJ1627678 (POM 0300392)
Regular
Jun 02, 2011

SUZANNE SIEVERTSON vs. COUNTY OF SAN BERNARDINO

This case involves Suzanne Sievertson's workers' compensation claim against the County of San Bernardino. The Workers' Compensation Appeals Board (WCAB) reviewed a Petition for Reconsideration filed by the applicant. The WCAB adopted the report of the workers' compensation administrative law judge (WCJ) and denied the reconsideration.

Petition for ReconsiderationDenying ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAdopted reportIncorporated reportAdministrative Law JudgePermissibly-InsuredCounty of San BernardinoApplicant
References
0
Case No. ADJ1805486
Regular
Jul 01, 2010

SUZANNE SINGER vs. DISNEYLAND, DISNEY WORLD WIDE SERVICES

The Workers' Compensation Appeals Board dismissed applicant Suzanne Singer's petition for reconsideration because it was a successive petition. Singer sought reconsideration of a prior decision that affirmed the denial of her industrial injury claim from October 7, 2004. The Board found that Singer was not newly aggrieved by the prior decision and her only recourse was a writ of review, not another petition for reconsideration. Therefore, the Board dismissed her petition.

successive petitionpetition for reconsiderationindustrial injuryspecial missionwrit of reviewAppeals BoardWCJdeviationresume missionintoxicated
References
5
Case No. ADJ1805486 (GOL 0100327)
Regular
Apr 30, 2010

SUZANNE SINGER vs. DISNEYLAND, DISNEY WORLD WIDE SERVICES, Permissibly Self-Insured

This case involves an employee, Suzanne Singer, injured in a car accident after attending an employer-sponsored service award dinner. The employer, Disneyland, argued the injury was non-industrial due to a major deviation from a special mission exception to the going and coming rule and intoxication. While the Appeals Board agreed the injury occurred after a substantial deviation from the special mission, they noted the employer failed to prove intoxication was the proximate cause of the accident and might be estopped from raising that defense. Ultimately, the Board affirmed the finding of no industrial injury but deleted the intoxication finding.

Special mission exceptionGoing and coming ruleDeviationIntoxication defenseEstoppelCredibility determinationCourse of employmentArising out of employmentCumulative trauma injuryService award dinner
References
12
Case No. 2017 NY Slip Op 08359 [155 AD3d 1014]
Regular Panel Decision
Nov 29, 2017

Keceli v. Yonkers Racing Corp.

The plaintiff, Suzanne Elizabeth Keceli, an openly gay woman, alleged employment discrimination based on sexual orientation and unlawful retaliation against her employer, Yonkers Racing Corporation, and individual supervisors. She claimed persistent discriminatory comments and retaliatory actions after complaining about the workplace environment. The Supreme Court, Westchester County, initially granted summary judgment to the defendants, dismissing her claims. On appeal, the Appellate Division, Second Department, affirmed this decision. The appellate court found that the defendants had presented legitimate, nondiscriminatory reasons for their actions, and Ms. Keceli failed to provide sufficient evidence to create a triable issue of fact regarding pretext or a causal link between her protected activity and the adverse employment actions.

employment discriminationsexual orientation discriminationhostile work environmentunlawful retaliationsummary judgmentprima facie caseprotected activityadverse employment actionpretextcausal connection
References
9
Case No. SFO 0459179
Regular
Feb 25, 2008

MELINDA COSTELLO vs. ASCENSION HEALTH/MOUNT ST. JOSEPH/ST. ELIZABETH, SEDGWICK CLAIMS MANAGEMENT SERVICES, GLIDE MEMORIAL UNITED METHODIST CHURCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address issues regarding the date of injury and cumulative exposure periods for applicant Melinda Costello. The Board rescinded the prior order and remanded the case for further development of the record concerning whether there were one or two cumulative injuries. This is necessary to properly reassess liability between Ascension Health and State Compensation Insurance Fund under Labor Code Section 5500.5.

Workers' Compensation Appeals BoardAscension HealthSedgwick Claims Management ServicesState Compensation Insurance FundGlide Memorial United Methodist ChurchLabor Code Section 5500.5Labor Code Section 5412Cumulative InjuryDate of InjuryInjurious Exposure
References
7
Case No. ADJ7224859
Regular
Mar 22, 2011

Peter Zirkle vs. UNITED PARCEL SERVICES, LIBERTY MUTUAL

The Workers' Compensation Appeals Board dismissed defense counsel Jack Costello's petition for reconsideration and removal. This petition challenged a Notice of Intention to Sanction Mr. Costello and his adjusting service for $\$ 2,500$ each. However, at an informal hearing, the WCJ vacated the sanctions after all issues were resolved and the petition was withdrawn. Therefore, the Board deemed the petition automatically dismissed as per regulations, and also because there was no final order subject to reconsideration at that time.

Workers' Compensation Appeals BoardReconsiderationRemovalSanctionPetitionDismissalAdministrative Law JudgeGallagher BassettJack CostelloUnited Parcel Services
References
0
Case No. MISSING
Regular Panel Decision

Muller v. Costello

The court addressed post-trial motions from both parties following a jury verdict that found the State of New York liable for intentional discrimination and retaliation under the Americans with Disabilities Act. The jury had awarded the plaintiff $420,300 in compensatory damages due to a disability affecting breathing. The court denied the defendant's motions for judgment as a matter of law, a new trial, and dismissal for lack of subject matter jurisdiction, affirming that the ADA covers state prison employees and validly abrogates sovereign immunity. However, the court granted the defendant's motion to cap compensatory damages at $300,000 as per 42 U.S.C. § 1981a. Concurrently, the court granted the plaintiff's requests for reinstatement to a smoke-free correctional officer position and modified back pay of $42,762.50, but denied the request for a special sergeant's examination.

ADADisability DiscriminationRetaliationEmployment LawCompensatory DamagesDamage CapInjunctive ReliefReinstatementBack PaySovereign Immunity
References
29
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