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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

In re Tanya T.

This case concerns an appeal from an Albany County Family Court order which adjudicated four children, Tanya T., Tabitha T., Deion T., and Davonna T., as abused and/or neglected. The petition alleged that their father sexually molested Davonna in Deion’s presence. The Family Court issued orders of supervision and protection, mandating treatment for the father and prohibiting visitation. On appeal, the court affirmed the Family Court’s findings, determining that the children's out-of-court statements were sufficiently corroborated by behavioral changes, expert testimony, and consistent statements. The appellate court also upheld the denial of the father's visitation petition, concluding it was not in the children's best interests due to their fear and the father's history of violence.

Child AbuseChild NeglectSexual MolestationCorroboration of Child StatementsBehavioral ChangesExpert TestimonyDenial of VisitationBest Interests of the ChildFamily Court ActAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Estes v. Estes

This case involves cross-appeals from an October 9, 1984 Family Court order in Rensselaer County concerning the custody of two children, Joshua M. Estes and Tanya A. Estes. The petitioner, the father, initially sought exclusive custody after moving the children from Colorado to New York. The Family Court ultimately granted permanent custody of Joshua to the petitioner and Tanya to the respondent, the mother, while also restricting either parent from removing the children from Rensselaer County without court permission. Both parents appealed, arguing that separating the siblings was against their best interests and each desiring full custody. The appellate court affirmed the Family Court's decision, citing evidence from a social worker and probation officer, along with the children's expressed preferences, which supported the continuation of the split custody arrangement and the geographic restriction.

Child Custody DisputeSplit Custody OrderBest Interests of the ChildFamily Law AppealParental Relocation RestrictionRensselaer County Family CourtAppellate AffirmationParental Fitness AssessmentSocial Worker ReportProbation Officer Investigation
References
5
Case No. ADJ3702833 (OXN 0149751) ADJ3963548 (OXN 0149750)
Regular
Dec 13, 2010

TANYA HIRZEL vs. 24 HOUR FITNESS, ACE, AMERICAN INSURANCE COMPANY C/O GALLAGHER BASSETT SERVICES, INC.

This case concerns an applicant who sustained two industrial injuries: to her left shoulder in 2007 and her right ankle in 2008. The defendant seeks reconsideration of awards for temporary disability indemnity for both injuries, arguing the 104-week limit was misapplied due to concurrent payments. The Board granted reconsideration to clarify the timeline of the defendant's denial and acceptance of the shoulder injury claim, and to further develop the record regarding the defendant's alleged offer of modified work. The Board rescinded the original awards and returned the matter for further proceedings to address these factual disputes.

Workers' Compensation Appeals BoardTanya Hirzel24 Hour FitnessAce American Insurance CompanyADJ3702833ADJ3963548Findings and AwardsIndustrial InjuryLeft Shoulder InjuryRight Ankle Injury
References
1
Case No. ADJ4525074
Regular
Feb 13, 2015

TANYA TAYLOR vs. THE HOME DEPOT, LIBERTY MUTUAL INSURANCE COMPANY/HELMSMAN MANAGEMENT SERVICES LLC

This case concerns a petition for reconsideration by the defendant, The Home Depot, regarding an award of 100% permanent total disability to the applicant, Tanya Taylor. The defendant primarily contested the rate of permanent total disability indemnity benefits. The Appeals Board granted reconsideration to amend the original award, specifically to correct the indemnity rate to $202.90 per week. All other aspects of the original award, including the finding of 100% permanent total disability and the un-apportioned nature of the award, were affirmed.

Workers' Compensation Appeals BoardFindings of Fact and AwardAgreed Medical EvaluatorPanel Qualified Medical Evaluatorvocational rehabilitationpermanent total disabilityindemnity rateLabor Code section 4659(b)Labor Code section 4453(a)average weekly earnings
References
0
Case No. ADJ9978575
Regular
Sep 02, 2016

TANYA VAYSER vs. TARZANA TREATMENT CENTERS, ADMINSURE

This case concerns a workers' compensation claim for psychiatric injury. The defendant sought reconsideration of a finding that the applicant sustained an injury arising out of and in the course of employment. The defendant argued the injury was not supported by substantial medical evidence and was barred by Labor Code § 3208.3(h) as it was caused by lawful, good faith personnel actions. The Board denied reconsideration, adopting the WCJ's report which found that the applicant's significant changes in work duties without adequate training constituted general working conditions, not specific personnel actions under § 3208.3(h). The Board affirmed the finding of injury AOE/COE, as the defendant failed to meet its burden of proof regarding the affirmative defense.

Workers Compensation Appeals BoardTanya VayserTarzana Treatment CentersAdmisureADJ9978575Opinion and Order Denying Petition for ReconsiderationFindings Award and OrderTemporary Total DisabilityInjury Arising Out of and Within the Course of Employment (AOE/COE)Psychiatric Injury
References
10
Case No. ADJ7356433
Regular
Apr 25, 2014

TANYA PERDUE vs. COMMUNITY SYSTEMS CORPORATION, STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of a finding of 100% permanent disability, arguing for apportionment based on the PQME's opinion. The Appeals Board granted reconsideration, finding the decedent sustained 80% permanent disability after apportionment. This decision was based on Dr. Blum's opinion, which the Board considered substantial evidence for apportionment. The dissenting commissioner argued Dr. Blum's apportionment was speculative and not substantial evidence due to his deposition testimony.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical EvaluatorWhole Person ImpairmentCervical StenosisOssification of Posterior Longitudinal LigamentCentral Cord SyndromeFuture Earning Capacity
References
4
Case No. ADJ10761099
Regular
Apr 06, 2020

TANYA WARD vs. SARTI ENTERPRISES, LLC, PREFERRED EMPLOYERS INSURANCE COMPANY

This case concerns an applicant injured by a car while investigating a disturbance on employer property after her shift. The defendant argued the injury was not compensable due to the "going and coming rule," asserting the applicant was not acting within the scope of employment. The Board affirmed the WCJ's decision, finding the injury industrial. The Board reasoned that the applicant's investigation conferred a direct benefit to the employer, fitting the "dual purpose" exception to the going and coming rule.

Workers Compensation Appeals BoardIndustrial InjuryFront Desk ManagerRight ShoulderRight ElbowUpper ExtremitiesGoing and Coming RuleDual Purpose ExceptionIndustrial CausationEmployer Benefit
References
10
Case No. ADJ4222763 (MON 0362537)
Regular
Nov 20, 2015

TANYA SMITH vs. LOS ANGELES COUNTY PROBATION DEPARTMENT, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a lien claimant whose lien was dismissed for failure to appear at a lien conference. The claimant argued they were denied due process because their representative never received notice of the conference. The Board found that an incorrect zip code in the system prevented proper service on the representative. Therefore, the Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level for further proceedings to ensure substantial justice.

Lien claimantPetition for ReconsiderationOrder of DismissalDue processNoticeRepresentative's addressZip code errorSubstantial justiceMeritsRescinded
References
0
Case No. RIV 049410
Regular
May 11, 2007

TANYA ROBBINS vs. SANDIE LEE TAYLOR, dba ANIMALS FIRST, UNISURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level. The Board found that the applicant provided sufficient notice to her uninsured employer regarding the July 18, 2002 incident where a sink piece fell on her foot. This notice, even without an immediate claim for injury, preserved her claim from being barred by Labor Code Section 3600 due to her termination.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600Uninsured Employers Benefits Trust FundDate of InjuryNotice of InjuryTermination of EmploymentRetaliatory ClaimsReport of InjuryIndustrial Injury
References
6
Case No. 534559
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Tayna Bond

Claimant, a nurse, sought workers' compensation benefits for injuries sustained in an assault. The Workers' Compensation Law Judge initially established claims for head and neck injuries but found no causal relationship for anxiety and a right shoulder injury. The Workers' Compensation Board modified this decision to include cephalgia but otherwise affirmed. Claimant appealed, challenging the Board's findings regarding causally-related anxiety, the right shoulder injury, and the degree of her temporary partial disability. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the Board's findings that anxiety and the right shoulder injury were not causally related, and that her partial disability was 80%, not 100%.

Workers' CompensationAnxiety DisorderRight Shoulder InjuryCausal RelationshipDisability AssessmentNurse InjuryPatient AssaultMedical EvidenceConflicting Medical OpinionsAppellate Review
References
18
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