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

Case No. 2017 NY Slip Op 07708 [155 AD3d 690]
Regular Panel Decision
Nov 08, 2017

Duran v. Temple Beth Sholom, Inc.

Luis Duran was injured during demolition work at Temple Beth Sholom, Inc., alleging a violation of Labor Law § 240 (1). The initial jury verdict favored the temple, but the plaintiffs moved to set it aside, a motion denied by the Supreme Court. On appeal, the Appellate Division, Second Department, reversed the judgment, finding a fundamental error in the trial court's jury instructions. The error was the denial of a specific interrogatory regarding whether Duran fell from a beam, given conflicting evidence on the accident's cause. Consequently, the matter was remitted for a new trial on the Labor Law § 240 (1) claim against Temple Beth Sholom, Inc.

Personal InjuryDemolition AccidentLabor Law 240(1)Jury VerdictNew TrialAppellate ReviewContradictory EvidenceInterpreter UseConstruction Site SafetyProximate Cause
References
15
Case No. 2025 NY Slip Op 03246 [238 AD3d 665]
Regular Panel Decision
May 29, 2025

Duran v. ERY Retail Podium LLC

The case involves an appeal concerning a Labor Law § 240 (1) claim. The plaintiff, Luis Duran, established prima facie entitlement to summary judgment by testifying that he fell from an unsecured 12-foot A-frame ladder that wobbled, causing him to miss a step. The defendants failed to raise an issue of fact, as their arguments regarding inconsistent out-of-court statements were found not to contradict the plaintiff's deposition testimony or C-3 form. The court also rejected the defendants' argument that the plaintiff was a recalcitrant worker, reiterating that a plaintiff's own negligence is not a defense to absolute liability under Labor Law § 240 (1). The Supreme Court's order granting partial summary judgment to the plaintiffs and denying the defendants' motion was unanimously affirmed.

Fall from heightUnsecured A-frame ladderSummary judgmentAbsolute liabilityRecalcitrant worker defenseComparative negligenceAppellate Division First DepartmentLabor Law violationWorker's compensation C-3 formDeposition testimony
References
8
Case No. ADJ10362335
Regular
Mar 06, 2018

WILLIBALDO DURAN ESCANDON vs. VALLEYCREST LANDSCAPING MAINTENANCE, CHUBB GROUP OF INSURANCE, ESIS

The Workers' Compensation Appeals Board denied reconsideration of a Findings and Award, upholding the Administrative Law Judge's decision. The Applicant alleged a left shoulder injury sustained while employed as a landscaper on February 25, 2016. The Board found the WCJ's credibility determinations, based on observing witnesses, to be sound and supported by substantial evidence. The WCJ appropriately admitted an employer letter rebutting testimony about the date of injury and employment. Medical evidence from Dr. McCreesh supported an industrial injury, while Dr. Poon's opinions were deemed speculative and inflammatory.

WILLIBALDO DURAN ESCANDONVALLEYCREST LANDSCAPING MAINTENANCECHUBB GROUP OF INSURANCEESISRECONSIDERATION OF FINDINGS AND AWARDGarza v. Workmen's Comp. Appeals Bd.credibility determinationsADJ10362335Mandtory Settlement Conference (MSC)Pre-Trial Conference Statement
References
0
Case No. MISSING
Regular Panel Decision

Duran v. Jamaica Hospital

Plaintiff Maria Duran commenced an action against Jamaica Hospital and Joseph DeToma, alleging negligence, slander, and wrongful termination. Duran claimed harassment, false accusations of theft by DeToma, and subsequent termination without due process. Defendants moved to dismiss the claims, and the court converted the wrongful termination claim into a motion for summary judgment. The court granted the defendants' motion to dismiss the negligence claim, ruling it was barred by New York Workers’ Compensation Law. The slander claim was also dismissed as time-barred by the one-year statute of limitations. The wrongful termination claim was granted on summary judgment, with the court finding it preempted by federal labor law or, alternatively, time-barred by a six-month statute of limitations. All of Plaintiff's claims were dismissed.

Title VIICivil Rights ActEmployment DiscriminationNegligenceSlanderWrongful TerminationWorkers' Compensation LawStatute of LimitationsPreemptionLabor Management Relations Act
References
27
Case No. ADJ2065472
Regular
Aug 15, 2013

CARLOS DURAN vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in *Carlos Duran v. Ralphs Grocery Company*. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings and a new decision. This action means the prior decision is no longer in effect and the case will be reheard by the WCJ. The parties retain their rights to seek further reconsideration of any new decision.

WCABReconsiderationRescindedReturned to Trial LevelFurther ProceedingsWCJ DecisionAdministrative Law JudgeRalphs Grocery CompanySedgwickCarlos Duran
References
0
Case No. ADJ10521677 ADJ10945059
Regular
Dec 20, 2019

JOSE LUIS DURAN vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration for Jose Luis Duran's cases to correct clerical errors and inconsistencies in prior decisions. The Board rescinded and substituted the prior findings and awards, clarifying the permanent disability percentages and the grounds for apportionment. Specifically, Case ADJ10521677 now reflects 14% permanent disability, and Case ADJ10945059 clarifies no legal grounds for apportionment regarding heart/hypertension. The revised decisions ensure accurate payment of indemnity and attorney fees.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for ReconsiderationGrantRescindSubstituteClerical ErrorsFindings of FactAwardOrder
References
1
Case No. ADJ3962286 (LAO 0847943) ADJ2118358 (MON 0320906)
Regular
Oct 11, 2013

MARIANO DURAN vs. CBS OUTDOOR, Permissibly Self-Insured

This case involves two industrial injuries for the applicant, Mariano Duran, sustained in 2004. The Workers' Compensation Judge (WCJ) issued an award finding industrial injuries to the applicant's back, spine, shoulder, elbow, hypertension, heart disease, headaches, cognitive disorder, and sleep disorder, with a $91\%$ permanent disability rating after apportionment. Both applicant and defendant petitioned for reconsideration. The Appeals Board affirmed the WCJ's decision after reconsideration, finding substantial evidence supported the award and declining to remand for further proceedings regarding the sleep disorder.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPermanent DisabilityApportionmentCervical SpineLumbar SpineHypertensionHypertensive Heart DiseaseCognitive Disorder
References
1
Case No. ADJ6766619 (MF) ADJ6766620
Regular
Feb 28, 2018

MARIA DURAN vs. FOREVER 21 RETAIL, INC., CHUBB GROUP

This case involves Maria Duran's request for home health care services, which was initially denied by utilization review (UR) and upheld by Independent Medical Review (IMR). The applicant argued that her need for assistance with household chores and personal hygiene fell outside the scope of the Medical Treatment Utilization Schedule (MTUS) guidelines as applied. While the Board acknowledges that the specific MTUS guideline used in this case was later found to be an invalid regulation in a related case, it affirmed the original decision. This affirmance was based on the finding that the initial request for services was too vague, lacking specific details on the type, frequency, and duration of care, and that a revised request could be made.

Workers' Compensation Appeals BoardMaria DuranForever 21 RetailInc.Chubb GroupOpinion and Decision After ReconsiderationIndependent Medical ReviewIMRUtilization ReviewUR
References
9
Case No. ADJ1526556 (LAO 0484276)
Regular
May 14, 2019

EUGENIA DURAN vs. FRANK P. DOW COMPANY, UTICA MUTUAL INSURANCE COMPANY

This case involves a petition for reconsideration filed by applicant Eugenia Duran. The Workers' Compensation Appeals Board (WCAB) granted the petition, rescinded the prior decision of the workers' compensation administrative law judge (WCJ), and returned the matter to the WCJ for further proceedings and a new decision. This is not a final determination on the merits of the case.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOpinion and OrderGranting ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationFrank P. Dow CompanyUtica Mutual Insurance Company
References
0
Case No. ADJ401657
Regular
Oct 07, 2025

ROBERTO DURAN vs. FOTO-KEM INDUSTRIES, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's Findings and Orders (F&O) in the case of Roberto Duran against Foto-Kem Industries. The WCJ had previously found the defendant bound by stipulations of cumulative injury, but the Appeals Board ruled these stipulations unenforceable. After reviewing the Agreed Medical Evaluator (AME) Dr. Siebold's reports, the Board found his opinion constituted substantial evidence. Consequently, the Appeals Board rescinded the prior F&O and substituted a new F&O, finding that the applicant sustained cumulative injury to his cervical spine, right shoulder, right upper extremity, lumbar spine, left knee, and right knee during his employment from January 1, 1995, through June 28, 2007.

Adjudication NumberFoto-Kem IndustriesUnites States Fire Insurance CompanyKrum & ForesterReconsiderationFindings and OrdersStipulationsWCJGood CauseSet Aside
References
0
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