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

Case No. ADJ8740864, ADJ8764475, ADJ8960944
Regular
Oct 16, 2025

KATHY BRANDOW vs. LAW OFFICES OF WAYNE SINGER, THE HARTFORD

Applicant Kathy Brandow sought to disqualify a workers' compensation administrative law judge (WCJ), alleging bias and conflict of interest. The defendants, Law Offices of Wayne Singer and The Hartford, responded, and the WCJ filed a report recommending denial of the petition. After reviewing all submissions, the Workers' Compensation Appeals Board denied the petition for disqualification, finding no grounds for bias or prejudice. The Board further cautioned the applicant against repeatedly filing unmeritorious motions, warning that such conduct could lead to vexatious litigant proceedings.

WCABPetition for DisqualificationWCJ biasconflict of interestLabor Code 5311Code of Civil Procedure 641unqualified opinionenmitybiasWCAB Rule 10960
References
7
Case No. MISSING
Regular Panel Decision

Ferra v. County of Wayne

John Ferra, an employee of J & J Piping Corporation, was severely injured after falling from a ladder while working at the Wayne County jail construction site. He sued the County of Wayne, the building owner, for violating Labor Law § 240 (1), which mandates providing adequate safety equipment. The court found that the defendant owner breached this statutory duty, which proximately caused Ferra's injuries, thus imposing absolute liability. Consequently, the lower court's denial of the plaintiff's motion for partial summary judgment was reversed, and the motion was granted. The defendant's cross-appeal was also deemed abandoned.

Construction AccidentLadder FallLabor Law ViolationStatutory DutyAbsolute LiabilitySummary JudgmentOwner LiabilityProximate CausePersonal InjuryAppellate Decision
References
3
Case No. MISSING
Regular Panel Decision

Singer v. Bell

Plaintiffs Steven and Dulce Singer, New York residents, sued multiple New Jersey residents, including Sheldon Liebowitz and his law firm, Liebowitz, Liebowitz & Clark, Esqs. The action stemmed from a New Jersey matrimonial litigation where Steven Singer failed to pay child support to his ex-wife, Emily Singer Bell. An arrest warrant was issued for Singer for $48,031 in arrearages. Plaintiffs alleged that other defendants lured Steven Singer to New Jersey, where he was arrested and detained, violating his constitutional rights (Fourth, Fifth, Fourteenth Amendments) and civil rights (42 U.S.C. §§ 1983, 1985). The specific defendants (Liebowitz and his firm) moved to dismiss the action against them, arguing lack of personal jurisdiction in New York as they do no business there and did not participate in the alleged luring scheme. Plaintiffs claimed jurisdiction under New York Civ.Prac.Law § 302(a)(2) or (3), asserting the defendants conspired with others who committed acts in New York. The court found that plaintiffs failed to make a prima facie showing of conspiracy and presented only speculation and conjecture without evidentiary facts. Therefore, the court granted the motion to dismiss the action against Liebowitz and his firm for lack of personal jurisdiction.

Personal JurisdictionMotion to DismissConspiracyCivil RightsFourth AmendmentFifth AmendmentFourteenth Amendment42 U.S.C. § 198542 U.S.C. § 1983New York Civil Practice Law § 302(a)
References
22
Case No. 87 SSM 43
Regular Panel Decision
Apr 26, 2018

Wayne Schnapp v. Miller's Launch

The New York Court of Appeals affirmed an order in a case between Wayne Schnapp, the respondent, and Miller's Launch, Inc., the appellant. The court found that triable issues of fact exist concerning whether Miller's Launch, Inc. breached its duty of care owed to Mr. Schnapp. This duty of care is established under the Longshore and Harbor Workers' Compensation Act, specifically 33 USC § 905[b]. The certified question presented in the case was answered in the affirmative. Chief Judge DiFiore and several other judges concurred in this decision, while Judge Feinman took no part.

Workers' CompensationDuty of CareLongshore ActBreach of DutyTriable Issues of FactOrder AffirmedCertified QuestionAppellate ReviewMaritime LawPersonal Injury
References
1
Case No. MISSING
Regular Panel Decision

Singer v. Salomon Bros.

James A. Singer, a former managing director at Salomon Brothers, Inc., alleged discriminatory dismissal based on his disability, breach of contract, and quantum meruit after his employment was terminated following a cancer diagnosis. Salomon Brothers moved to stay Singer's action and compel arbitration, citing an arbitration clause in Singer's U-4 form. Singer contended that his state discrimination claims were not arbitrable and that the U-4 form constituted an employment contract, thus falling under the Federal Arbitration Act's (FAA) employment contract exemption. The court, however, following US Supreme Court precedent, ruled that the U-4 form was a contract with the securities exchanges, not the employer, and therefore not exempt from the FAA. Concluding that arbitration is a favored means of dispute resolution, even for discrimination claims, and that Singer failed to demonstrate that arbitration would be an inadequate forum, the court granted Salomon Brothers' motion to stay the action and compel arbitration.

Arbitration AgreementEmployment DiscriminationDisability DiscriminationFederal Arbitration ActU-4 FormSecurities IndustryNew York Human Rights LawMotion to Compel ArbitrationInterstate CommerceWrongful Termination
References
9
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. 533503
Regular Panel Decision
Mar 17, 2022

In the Matter of the Claim of Wayne Charles Belfiore

Claimant, a hospital delivery driver, sustained head and traumatic brain injuries in February 2020 after a fall at work. The employer and its workers' compensation carrier disputed the claim's causal relationship. A Workers' Compensation Law Judge (WCLJ) established the claim based on an independent medical examination, despite the carrier's absence from the hearing. The carrier's application for Board review was denied by the Workers' Compensation Board due to noncompliance with 12 NYCRR 300.13 (b) regarding preserving objections and submitting additional evidence. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in the denial of review or in refusing to consider the additional documentary evidence.

Workers' Compensation BoardAppellate ReviewProcedural ComplianceMedical EvidenceIndependent Medical ExaminationObjection PreservationAdministrative ReviewClaim EstablishmentInjury CausationNew York Regulations
References
11
Case No. 532233
Regular Panel Decision
Jan 06, 2022

In the Matter of the Claim of Jerry Wayne Moore

Claimant, a truck driver, allegedly sustained a back injury in October 2015 and filed a workers' compensation claim, asserting it occurred during vehicle maintenance. The employer and carrier controverted the claim, questioning causation. A Workers' Compensation Law Judge disallowed the claim, affirmed by the Workers' Compensation Board, finding the injury did not arise out of and in the course of employment. Claimant's request for reconsideration was denied. The Appellate Division affirmed both decisions, concluding substantial evidence supported the finding of non-compensability and found no procedural errors.

Workers' CompensationBack InjuryCausationCourse of EmploymentArising Out of EmploymentMedical EvidencePhysician Assistant TestimonyNeurosurgeon TestimonyReconsiderationBoard Review
References
15
Case No. ADJ6540051, ADJ6540050
Regular
Jun 16, 2010

CHARLOTTE SINGER vs. COUNTY OF FRESNO

This case involves a Petition for Removal filed by applicant Craig Singer (deceased) against the County of Fresno. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the reasoning of the workers' compensation administrative law judge's report. Therefore, the appeal challenging the findings of fact and order denying the petition for removal was unsuccessful.

Petition for RemovalWorkers' Compensation Appeals BoardFindings of FactOrder Denying PetitionCounty of FresnoPermissibly Self-InsuredClaims Management Inc.ADJ6540051Deceased ApplicantAdministrative Law Judge Report
References
0
Case No. CA 14-01767
Regular Panel Decision
Nov 20, 2015

WOLFE, PHILLIP v. WAYNE-DALTON CORPORATION

Phillip Wolfe, a warehouse manager, sustained injuries after falling from a safety ladder while attempting to repair an overhead receiving door cable. He initiated an action against the warehouse owners, including Joanne Leska and Robert Tarson, Jr., alleging a violation of Labor Law § 240 (1). The Supreme Court initially granted Wolfe partial summary judgment on liability, deeming the activity a protected "repair." On appeal, the Appellate Division, Fourth Judicial Department, modified the Supreme Court's order, affirming that Wolfe was engaged in a protected activity but finding a triable issue of fact regarding whether the injury was due to an elevation-related risk under the statute. The appellate court also affirmed the dismissal of the defendants' immunity defense under Workers’ Compensation Law §§ 11 and 29 (6) and upheld the denial of their motion for leave to renew.

Ladder fallWarehouse injuryLabor Law § 240 (1) claimWorkers' Compensation immunitySummary judgmentAppellate reviewElevation-related riskOverhead door repairTriable issue of factNew York Appellate Division
References
17
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