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

Case No. 2020 NY Slip Op 04464 [186 AD3d 577]
Regular Panel Decision
Aug 12, 2020

Henriquez v. Clarence P. Grant Hous. Dev. Fund Co., Inc.

The plaintiff, Juan Henriquez, appealed an order denying his motion for summary judgment on liability under Labor Law § 240 (1) for personal injuries sustained when a plank fell during scaffold dismantling. The Supreme Court, Kings County, had initially denied the motion. The Appellate Division, Second Department, affirmed the denial, finding that Henriquez failed to establish a prima facie case that his injuries were proximately caused by the absence or inadequacy of a safety device. The court also held that hearsay information from a daily log and an accident report submitted for the first time in reply papers were inadmissible and should be disregarded, respectively. The order was affirmed with costs.

Personal InjuryLabor LawScaffold AccidentFalling ObjectSummary JudgmentAppellate ReviewPrima Facie CaseHearsay EvidenceBusiness Records ExceptionReply Papers
References
8
Case No. ADJ9188143
Regular
Feb 25, 2015

WILBERT HENRIQUEZ vs. EMPYREAM PLUMBING, NEW YORK MARINE and GENERAL INSURANCE COMPANY WORKERS' COMPENSATION

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the denial of his claim for an increased temporary disability indemnity rate. The Board adopted the judge's report, which found that certain deductions from the applicant's pay, including 401(k) contributions and insurance premiums, were properly classified as fringe benefits and excluded from the average weekly wage calculation. Furthermore, the applicant was bound by a prior stipulation agreeing to a specific temporary disability indemnity rate, absent a showing of good cause to be relieved from that stipulation.

Wilbert HenriquezEmpyream PlumbingNew York Marine and General Insurance CompanyPetition for ReconsiderationStipulation and OrderAverage Weekly WagesFringe Benefits401k planTemporary Disability IndemnityLabor Code §4454
References
4
Case No. SJO 0265682
Regular
Aug 15, 2008

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted Wilbert Lee's petition for reconsideration of a prior decision. This reconsideration is necessary to allow the WCAB further time to thoroughly study the factual and legal issues presented in the case. The WCAB aims to issue a just and reasoned decision after this comprehensive review and potential further proceedings. All future communications should be directed to the WCAB's Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsDecision After ReconsiderationReconsideration Unit
References
0
Case No. MISSING
Regular Panel Decision

People v. Wilbert

The case concerns an appeal from a judgment of the Wayne County Court regarding a sodomy conviction. The defendant challenged the admissibility of statements made to the police, arguing they were products of custodial interrogation and involuntarily made. The appellate court affirmed the judgment, concurring with the suppression court's finding that the initial statement was not a result of custodial interrogation, applying the "reasonable person" test. Furthermore, the court rejected the claim that subsequent statements were involuntary, noting that the defendant did not appear intoxicated and proceeded with questioning even after attempts to contact his mother were unsuccessful. This decision upholds the lower court's findings regarding police conduct and the voluntariness of the defendant's confessions.

Criminal lawCustodial interrogationVoluntary statementSuppression courtAppellate reviewSodomyDue processPolice conductEvidenceConfession
References
9
Case No. ADJ9165288
Regular
Dec 02, 2014

WILBERT SPRY vs. SAFEWAY/SAFEWAY, INC.

The Workers' Compensation Appeals Board denied Safeway's petition for removal, which sought to quash a second subpoena for medical records. The Board found that Safeway failed to demonstrate irreparable harm or substantial prejudice, and that reconsideration would be an adequate remedy. The Board also noted that workers' compensation proceedings are governed by the Labor Code, not the Code of Civil Procedure.

Workers' Compensation Appeals BoardPetition for RemovalMotion to QuashSubpoena Duces TecumDuplicative RecordsOn Time RecordsWatson Wellness CenterWCJCal. Code Civ. Proc.2020.220
References
6
Case No. ADJ184349
Regular
Feb 27, 2009

ROBERTO H HENRIQUEZ vs. JOHN H HADLEY, JR.

This case involves a petition for reconsideration and removal filed by a party, likely the defendant John H. Hadley Jr., regarding an order in a workers' compensation claim. The Appeals Board dismissed the petition for reconsideration because it was not filed from a "final" order determining substantive rights or liabilities. The petition for removal was denied as the petitioner failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an inadequate remedy. Therefore, both the petition for reconsideration and removal were ultimately dismissed and denied.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityWCJ's Report and RecommendationSubstantial PrejudiceIrreparable HarmInadequate Remedy
References
10
Case No. ADJ184349 (LAO 0792073)
Regular
Nov 09, 2009

ROBERTO H. HENRIQUEZ vs. JOHN H. HADLEY, JR

The WCAB dismissed defendant's untimely petition for reconsideration and denied applicant's petition. The WCJ's decision on temporary disability stands, but the issue of credit remains open.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityCredit Against IndemnityRes JudicataUntimely PetitionCompromise and ReleaseIndustrial InjuryRight Shoulder and Arm
References
2
Case No. ADJ7414147
Regular
Apr 18, 2013

JESSICA HENRIQUEZ vs. VALLARTA FOOD ENTERPRISES, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's lien. The lien claimant failed to pay the required lien activation fee before the lien conference. California Labor Code requires this fee be paid prior to or at the lien conference for the lien to proceed. The Appeals Board found the WCJ properly dismissed the lien with prejudice for this failure, rejecting due process arguments as the requirement was clear.

Lien activation feeDismissal of lien claimPetition for reconsiderationWorkers' Compensation Appeals BoardLien conferenceDeclaration of Readiness to ProceedDue processLab. Code§ 4903.06Cal. Code Regs.
References
1
Case No. ADJ4606826 (SJO 0265682)
Regular
Jul 01, 2009

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted By SEDGWICK CMS

In this workers' compensation case, the Board rescinded its prior decision and found the applicant entitled to temporary total disability indemnity. This indemnity is awarded for the period between November 21, 2007, and January 28, 2008, when the applicant was medically deemed unable to work. However, the applicant is estopped from receiving temporary disability indemnity for periods of temporary partial disability due to refusing modified work without good cause. The Board affirmed its finding that the applicant is not entitled to temporary disability for periods of partial disability for the reasons stated in its earlier opinion.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityModified WorkEstoppelAgreed Medical EvaluatorPrimary Treating PhysicianTemporary Total DisabilityTemporary Partial DisabilityOdd Lot Doctrine
References
4
Case No. ADJ8725582
Regular
Dec 08, 2016

FREDDY HENRIQUEZ vs. FRED LEEDS PROPERTIES, LIBERTY MUTUAL, AMTRUST NORTH AMERICA/TECHNOLOGY INSURANCE

This case concerns a lien claim by Tri-County Medical Group for services rendered between May 1, 2013, and November 6, 2013. The lien was dismissed as untimely by the Workers' Compensation Administrative Law Judge (WCJ) due to the statute of limitations. The WCJ correctly applied Labor Code section 4903.5(a), which mandates an 18-month filing deadline for services provided on or after July 1, 2013. Since the lien was filed on February 26, 2016, over 18 months after the last date of service, the Appeals Board denied the lien claimant's petition for reconsideration.

Labor Code 4903.5(a)lien claimstatute of limitationspetition for reconsiderationWorkers' Compensation Appeals BoardWCJorder dismissing liendate of services18-month limitation periodongoing treatment
References
3
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