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

Case No. CA 10-02255
Regular Panel Decision
Apr 01, 2011

KOBEL, TIMOTHY M. v. NIAGARA MOHAWK POWER CORPORATION

Plaintiffs Timothy M. Kobel and Lisa H. Kobel commenced a Labor Law and common-law negligence action seeking damages for injuries sustained by Timothy M. Kobel after he slipped and fell backwards while working in a manhole. The defendant, Niagara Mohawk Power Corporation, appealed an order that denied in part its motion for summary judgment. The appellate court affirmed the denial of summary judgment for Labor Law § 200 and common-law negligence claims, citing the defendant's failure to establish a lack of notice regarding hazardous conditions. The court also affirmed the denial of dismissal for the Labor Law § 241 (6) claim based on 12 NYCRR 23-1.7 (d) regarding slippery working surfaces. However, the court modified the order by granting the dismissal of the Labor Law § 241 (6) claim based on 12 NYCRR 23-1.7 (b) (1), ruling that the sump hole was not a sufficiently hazardous opening under the regulation.

Personal InjurySlipping HazardManhole AccidentWorkplace SafetySummary JudgmentAppellate DivisionFourth Judicial DepartmentErie CountyLabor Law Section 200Labor Law Section 241(6)
References
8
Case No. MISSING
Regular Panel Decision

Kirkpatrick v. Diversified Sports, Inc.

This case concerns an appeal where the plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) liability was initially denied by the Supreme Court. The plaintiff, Timothy A. Kirkpatrick, sustained injuries after falling from a ladder placed on scaffolding while painting. The appellate court found that the defendants violated their duty under Labor Law § 240 (1) to provide adequate safety devices. It was also determined that the plaintiff is a protected member under the Labor Law, encompassing all workers on the job. The court concluded that summary judgment was appropriate as the plaintiff's account of the fall was unchallenged, thus not creating an issue of fact. Consequently, the order was unanimously reversed, and the motion for partial summary judgment was granted.

Workplace injuryConstruction accidentLadder fallScaffolding safetyLabor Law 240(1)Summary judgmentPersonal injuryAppellate reviewDuty of careWorker protection
References
4
Case No. ADJ7542088
Regular
Jun 25, 2012

TIMOTHY OAKES vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant City of Sacramento's petition for reconsideration. Simultaneously, the Board granted the applicant Timothy Oakes' petition for reconsideration. The Board affirmed the original decision, with a minor amendment changing Finding of Fact No. 6 to state that the applicant's condition does not require further medical care.

Workers' Compensation Appeals BoardLegally UninsuredPetition for ReconsiderationWCJ reportDecision After ReconsiderationFinding of Factmedical care
References
0
Case No. ADJ10120925, ADJ9871041
Regular
Oct 18, 2016

TIMOTHY MURRAY vs. CITY OF FRESNO

The Workers' Compensation Appeals Board denied Timothy Murray's petition for reconsideration. The Board affirmed the Workers' Compensation Judge's (WCJ) decision, which properly relied on the agreed medical evaluator's (AME) opinion. The Board found no good reason to dispute the AME's findings, emphasizing that an industrial injury only needs to be a contributing cause to the disability, as clarified in *South Coast Framing*. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorLegal CausationArise out of EmploymentContributing CauseSouth Coast FramingPower v. Workers' Comp. Appeals Bd.Industrial InjuryDisability
References
2
Case No. MISSING
Regular Panel Decision

Adams v. Rochester General Hospital

Timothy Adams, a Bio-medical Engineering Technician (BIOTEC) at Rochester General Hospital (RGH), was terminated after repeated failures to properly inspect and repair critical medical equipment, which posed a direct threat to patient safety. Adams filed a lawsuit under the Americans with Disabilities Act (ADA) and New York’s Human Rights Law, claiming discrimination based on an alleged mental disability. U.S. Magistrate Judge Feldman granted RGH’s motion for summary judgment, concluding that Adams failed to establish a prima facie case. The court found Adams was not disabled within the ADA's meaning, was not otherwise qualified for his job, and presented no evidence that RGH terminated him due to a known disability, as he never informed the hospital of any impairment or requested accommodation.

Employment DiscriminationAmericans with Disabilities ActADASummary JudgmentWorkplace SafetyMental HealthTerminationEmployee MisconductReasonable AccommodationMagistrate Judge Decision
References
44
Case No. MISSING
Regular Panel Decision
Mar 01, 2017

King v. Comm'r of Soc. Sec.

Plaintiff Timothy E. King filed an action against the Commissioner of Social Security under Titles II and XVI of the Social Security Act, seeking review of the denial of his applications for disability insurance benefits (DIB) and supplemental security income (SSI). Plaintiff alleged disability beginning August 21, 2012, due to asthma, lower back pain, and neck pain. His applications were initially denied, and an administrative law judge (ALJ) later issued an unfavorable decision, which the Appeals Council affirmed. The District Court affirmed the Commissioner's decision, finding that the ALJ's determination that Plaintiff was not disabled was supported by substantial evidence and free from legal error. The court specifically addressed the weighing of medical opinions from a physician assistant and a non-treating doctor, as well as the ALJ's decision not to call a vocational expert, concluding that the ALJ's actions were proper and supported by the record.

Social Security ActDisability BenefitsSupplemental Security IncomeAdministrative Law Judge DecisionResidual Functional CapacityTreating Physician RuleMedical Source OpinionsSubstantial Evidence ReviewFive-Step Sequential EvaluationNon-Exertional Limitations
References
26
Case No. MISSING
Regular Panel Decision

Nickels v. New York City Housing Authority

The case concerns the legality of the New York City Housing Authority's (Housing Authority) vote to involuntarily transfer its police officers to the New York City Police Department (NYPD) under Civil Service Law § 70 (2). The petitioner, Timothy L. Nickels, representing Housing Police officers, sought to void this transfer and enjoin the Housing Authority, arguing it lacked legal authorization and would harm officers' contractual benefits, including pension and workers' compensation. The court examined whether the Housing Authority constitutes a 'civil division of the state' under Civil Service Law § 70 (2) and its legislative history, concluding that public authorities are excluded. It also determined that legislative action is required to protect employees' constitutionally guaranteed pension and seniority rights, which would be impaired by the proposed merger without such authorization. Consequently, the court granted the petition, permanently enjoining the involuntary transfers and the dissemination of officers' payroll information, and directing the return of any such documentation.

Civil Service LawPublic AuthoritiesPolice TransferPension RightsConstitutional LawLegislative IntentInter-agency MergerCivil Division of StatePublic Employee BenefitsInjunctive Relief
References
17
Case No. ADJ7994981
Regular
Feb 19, 2013

Timothy Sabedra vs. Magic Messenger, Inc., Gallagher Bassett Services

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior decision, finding the applicant, Timothy Sabedra, was an employee of Magic Messenger, Inc. The Board found that despite a transportation agreement designating Sabedra as an independent contractor, Magic Messenger exercised sufficient control over his work. Key factors included the provision of employee handbooks, mandated uniforms, start times, and dispatch radio use, all indicating an employer-employee relationship.

WORKERS COMPENSATION APPEALS BOARDIndependent ContractorEmployee StatusRight to Control TestBorello TestTruck DriverMagic Messenger Inc.Gallagher Bassett ServicesTimothy SabedraLabor Code Section 3351
References
33
Case No. 2025 NYSlipOp 06759
Regular Panel Decision
Dec 04, 2025

People v. Cipriani

Timothy Cipriani appealed his conviction for burglary, criminal mischief, and attempted petit larceny, stemming from a break-in at a restaurant where his DNA was found on a glove. The defendant's alibi defense, claiming he was with his girlfriend, was challenged by his parole officer's testimony regarding unreported travel. The Appellate Division, Third Department, affirmed the conviction, finding sufficient evidence, including the DNA and the jury's decision to discredit the alibi. The court also upheld the admissibility of the parole officer's rebuttal testimony and declined to reduce the sentence, citing Cipriani's extensive criminal history as a persistent felony offender.

Burglary Third DegreeCriminal Mischief Fourth DegreeAttempted Petit LarcenyDNA EvidenceAlibi DefenseRebuttal TestimonyParole OfficerPersistent Felony OffenderAppellate ReviewWeight of Evidence
References
29
Case No. ADJ162357 (MON 0314940)
Regular
May 21, 2012

Timothy Martin vs. Viking Roofing Service, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) denied Timothy Martin's Petition for Removal in the case against Viking Roofing Service and State Compensation Insurance Fund. The WCAB adopted the reasoning from the administrative law judge's report, finding the judge's actions were proper under Labor Code section 5700. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardViking Roofing ServiceState Compensation Insurance FundWCJ ReportLabor Code section 5700denial of removalTimothy MartinADJ162357Marina del Rey District Office
References
0
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