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

Case No. ADJ8011399 ADJ8967612 ADJ8967613
Regular
Feb 19, 2014

ENRIQUE DOMINGUEZ vs. WHOLE FOODS MARKETS, Permissibly SelfInsured

This case involves a dispute over attorney's fees for applicant's attorney arising from deposition conduct. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision awarding attorney's fees. The Board found that while the applicant's attorney was entitled to fees under Labor Code section 5710(b)(4), the conduct of both attorneys during a deposition was unprofessional. The WCAB ultimately affirmed the award of attorney's fees but also addressed the attorneys' unprofessional conduct.

Deposition attorney's feesLabor Code section 5710(b)(4)Unprofessional conductCompromise and releaseIndustrial injuryTeam memberWCJ decisionPetition for removalMedical record developmentAgreed medical evaluator (AME)
References
2
Case No. MISSING
Regular Panel Decision

Taylor v. Board of Regents of University

Petitioner, a licensed optometrist in New York since 1981, faced eight specifications of professional misconduct between 1980 and 1985 while employed by American Vision Center. Charges included negligence, gross negligence, practicing beyond authorized scope by administering Neosporin, and unprofessional conduct for delegating responsibilities to unlicensed staff and failing to wear a name tag. A Hearing Panel found petitioner guilty, recommending a license suspension and fine. The Regents Review Committee modified these findings, and the respondent further narrowed the period of charges. Petitioner challenged the determination, alleging denial of due process due to lack of specificity and delay. The Court rejected the due process claims, finding charges specific and no actual prejudice from delay. While the Court found substantial evidence for negligence, unauthorized practice, and unprofessional conduct, it annulled the finding of gross negligence. Despite this annulment, the Court upheld the original penalty, modifying the determination only to reflect the removal of the gross negligence finding, and otherwise confirming the decision.

Optometry license suspensionProfessional misconductUnlicensed practiceDelegation of professional responsibilitiesGross negligenceDue processAdministrative reviewCPLR Article 78Education LawRegents Review Committee
References
11
Case No. ADJ8721136
Regular
Dec 07, 2015

LILITH TEITELBAUM vs. KAISER FOUNDATION HOSPITAL; Permissibly Self-Insured, Administered By Sedgwick CMS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that no order precluded the defendant from deposing the qualified medical evaluator. The Board also initiated removal on its own motion to issue a notice of intention to assess sanctions against the applicant's attorney and his firm. This action stems from the attorney's verified petition containing misrepresentations of fact and intemperate language, violating WCAB rules on sanctions for frivolous or delaying tactics. Ultimately, the Board found the applicant's attorney's conduct warranted sanctions due to false statements and unprofessional conduct in pursuing reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)SanctionsLabor Code § 5813Bad Faith ActionsFrivolous TacticsMisrepresentation of FactsIntemperate LanguageWCAB Rule 10561(b)
References
0
Case No. 2021 NY Slip Op 00609
Regular Panel Decision
Feb 04, 2021

Matter of Cottrell v. Kawasaki Rail Car, Inc.

Claimant Cornelius Cottrell filed for workers' compensation benefits following two work-related accidents in 2000 and 2003. A Workers' Compensation Law Judge (WCLJ) made awards and transferred payments between the claims, which the employer and carrier opposed, citing improper judicial conduct and questioning the official record of the hearing. The Workers' Compensation Board upheld the WCLJ's decision, relying on a corrected written transcript. The Appellate Division, Third Department, affirmed the Board's decision, ruling that written transcripts are a valid record and that the WCLJ's conduct, while potentially unprofessional, did not warrant rescission of the decision.

Workers' CompensationJudicial ConductHearing TranscriptsEvidentiary RecordClaim TransferLumbar Spine InjuryMajor Depressive DisorderWork-related AccidentAppellate ReviewBoard Review
References
1
Case No. 2010 NY Slip Op 51549(U)
Regular Panel Decision

Milosevic v. O'Donnell

The motion court properly dismissed the fourth and fifth causes of action against Joost, which alleged negligence and intentional/wanton conduct. These claims failed under the theory of respondeat superior, as there was no evidence the coworker's alleged assault was within the scope of employment or condoned by Joost. Furthermore, the claims based on common-law negligence for sponsoring an event were also dismissed. The court found no allegations that Joost controlled the premises or was aware of the CFO's violent propensities when intoxicated. The decision highlighted that speculation about discovery would not prevent dismissal, and thus, the court did not need to address whether the claims were barred by the Workers' Compensation Law.

NegligenceRespondeat SuperiorAssaultEmployer LiabilityVicarious LiabilityCommon-Law NegligencePremises LiabilityWorkers' Compensation LawAppellate ReviewDismissal
References
4
Case No. MISSING
Regular Panel Decision
Jun 04, 2007

FCI Group, Inc. v. City of New York

This case involves an action brought by a contractor against the City of New York and the Department of Citywide Administrative Services (DCAS) for the balance due on a construction contract. The defendants contended that the plaintiff forfeited its right to further payment due to the attempted bribery of two city employees by the plaintiff's president. The Supreme Court initially denied the defendants' motion for summary judgment, but this Court reversed that decision. It found that the contract's narrow alternative dispute resolution clause was inapplicable to the dispute. Crucially, the Court concluded that the plaintiff was bound by the contract’s forfeiture provision and that its enforcement did not offend public policy, as the unlawful conduct was central to the performance of the contract, thereby barring recovery.

Construction ContractContract ForfeitureBriberyPublic PolicyAlternative Dispute Resolution (ADR)Summary JudgmentUnlawful GratuitiesEthical ConductContract InterpretationNew York City Charter
References
28
Case No. MISSING
Regular Panel Decision

Addei v. State Board for Professional Medical Conduct

A surgeon's medical license was revoked by the State Board for Professional Medical Conduct due to findings of moral unfitness from sexual harassment of co-workers and fraudulent practice on employment applications. The petitioner challenged this determination via a CPLR article 78 proceeding. The court upheld the Committee's jurisdiction and the findings of moral unfitness and fraud, dismissing claims of statutory vagueness. However, the court deemed the penalty of license revocation excessively harsh and "shocking to one’s sense of fairness" given mitigating factors, equivocal findings on the fraud charge, and no impact on patient care. Consequently, the court indicated that the severe penalty should not stand.

Professional MisconductLicense RevocationMoral UnfitnessFraudulent PracticeSexual HarassmentEmployment ApplicationsDue ProcessVague StatuteDisproportionate PenaltyCPLR Article 78
References
10
Case No. MISSING
Regular Panel Decision
Mar 02, 2009

People v. Andrus

Defendant appealed a judgment convicting him of attempted course of sexual conduct against a child. He argued his Miranda rights were violated, but the court found a knowing, voluntary, and intelligent waiver. The court also rejected his claim that a social worker acted as a law enforcement agent without issuing Miranda warnings, noting the interview's timing and continuous custody. Furthermore, police deception regarding a polygraph did not coerce his statement or deny due process. His challenge to his Alford plea was unpreserved, and the sentence was deemed appropriate.

Miranda rightsWaiver of rightsRight to counselPolice interrogationSocial worker interviewLaw enforcement agencyVoluntariness of confessionPolice deceptionPolygraph examinationDue process
References
12
Case No. MISSING
Regular Panel Decision

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
Case No. ADJ7711093
Regular
Nov 10, 2014

Fernando Sosa vs. Source One Staffing, CIGA by its Servicing Facility Patriot Risk Services, For Ullico, in liquidation

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it was unverified. The Board also granted removal on its own motion due to the lien claimant's repeated failure to appear at lien conferences and file proper objections. This conduct, along with filing an invalid petition, suggests potential bad faith and warrants a Commissioner's Conference to determine if sanctions should be imposed. The lien claim was ultimately dismissed by the WCJ for non-appearance.

Workers' Compensation Appeals BoardFernando SosaSource One StaffingCIGAUllicoPetition for ReconsiderationLien ClaimantCalifornia Physician NetworkLLCDenise Mejia
References
2
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