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

Case No. MISSING
Regular Panel Decision
Jan 16, 1984

Harris v. State

Adrienne D., a mentally disabled individual with a history of epileptic seizures, suffered severe burns in a State-certified family care home bathroom with a locked door that prevented outside access during an epileptic seizure. The Court of Claims initially found the State vicariously liable through its agents, the McNairs, the family care providers. On appeal, the court rejected the vicarious liability argument, establishing that family care providers are independent contractors. However, the court affirmed the judgment against the State based on its direct negligence in failing to provide a reasonably safe environment given Adrienne's known medical condition and the foreseeable risks posed by the non-accessible bathroom lock. The court emphasized the State's duty to protect patients while acknowledging the goals of normalization programs.

Mental Hygiene LawState LiabilityDirect NegligenceFamily Care HomeEpilepsyPersonal InjuryBurn InjuryForeseeabilityIndependent ContractorVicarious Liability
References
18
Case No. ADJ8561235
Regular
Dec 12, 2019

Howard Stallings vs. Newhall School District

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the WCJ's decision that the applicant failed to provide substantial vocational evidence to rebut the scheduled permanent disability rating. The applicant did not sufficiently demonstrate that their future earning capacity was less than what the schedule anticipated, specifically regarding vocational rehabilitation. The WCJ's report, adopted by the Board, found a lack of evidence proving the applicant's unsuitability for vocational rehabilitation stemming from the industrial injury.

WCABPetition for ReconsiderationScheduled RatingVocational EvidenceFuture Earning CapacityOgilvieContra Costa County DahlLe BoeufAmenability to RehabilitationComplex Regional Pain Syndrome
References
3
Case No. ADJ4599548 (MON 0212034) ADJ1776170 (MON 0224335) ADJ1414058 (MON 0246016)
Regular
Feb 16, 2017

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT FOOD SERVICES, AMERICAN INTERNATIONAL GROUP, INC., BROADSPIRE

This case involves applicant Kristian Von Ritzhoff's workers' compensation claim. After a Court of Appeal decision annulled prior board decisions, the case returned for further proceedings, but discovery stalled due to disputes over depositions. The Appeals Board, on its own motion, granted removal due to the impracticality of appointing a Special Master. Consequently, the Board has transferred the proceedings to WCJ David Pollak to oversee and complete the depositions of the applicant's former spouse and Dr. Gilberg, as required by the Court of Appeal.

RemovalSpecial MasterDiscovery DisputeDepositionDana KasovaDr. GilbergApportionmentCourt of AppealRemittiturWCJ David Pollak
References
1
Case No. 2017 NY Slip Op 01480 [147 AD3d 668]
Regular Panel Decision
Feb 23, 2017

Black v. Wallace Church Associates

In this action, plaintiff Calvin Black, a janitor, sought damages for injuries sustained when he slipped on pebbles on a bathroom floor he was hired to clean. The Appellate Division, First Department, reversed the Supreme Court's order, which had denied the defendants' cross motion for summary judgment. The appellate court held that a maintenance or cleaning worker cannot claim injury from a dangerous condition they were employed to remedy, especially since Black frequently removed pebbles as part of his job. Consequently, the complaint against the defendants was dismissed in its entirety.

premises liabilitysummary judgmentjanitor injurydangerous conditionduty to remedyslip and fallappellate reviewNew York law
References
3
Case No. MISSING
Regular Panel Decision

Maher v. NYS Division of Budget

Claimant, a budget examiner, sought workers' compensation benefits after falling from a second-story hotel roof while attending a work training conference. The Workers’ Compensation Board reversed a prior decision, determining that her actions of climbing onto the roof constituted a deviation from employment and were unreasonable, thus denying her claim. The Appellate Division affirmed the Board's decision, finding that the Board did not err in concluding that the claimant's conduct of accessing the hotel roof via a bathroom window was unreasonable under the circumstances, and therefore her injury did not arise out of and in the course of her employment.

Workers' CompensationEmployment DeviationHotel AccidentTraining ConferenceUnreasonable ConductAppellate ReviewInjury ClaimSaratoga CountyBenefits DenialNew York Law
References
7
Case No. MISSING
Regular Panel Decision
Jan 07, 1998

Claim of Marshall v. Murnane Associates

Claimant, a construction laborer, appealed a Workers’ Compensation Board decision denying his claim for benefits for a knee injury. He alleged the injury occurred when a heavy shower stall fell on his leg while carrying it with coworkers. The Board found his testimony incredible, a finding the appellate court upheld based on conflicting evidence. Claimant’s supervisor was not immediately informed, and medical treatment was sought weeks later. The appellate court affirmed the Board's decision, noting the Board's authority to assess credibility and finding no reversible error regarding coworker testimony.

Workers' CompensationKnee InjuryCredibility AssessmentAccident ClaimsCourse of EmploymentConstruction LaborerTestimony EvaluationEvidentiary HearingsAppellate ReviewBoard Decision Affirmed
References
1
Case No. 2018 NY Slip Op 01972 [159 AD3d 1244]
Regular Panel Decision
Mar 22, 2018

Matter of Deleon v. Elghanayan

Ana Elsa Deleon, a housekeeper for Frederick and Diana Elghanayan, sustained multiple injuries after falling down stairs at their Hamptons residence where she was staying overnight to work a party. She filed a claim for workers' compensation benefits, which the employer controverted, arguing the injuries did not arise out of and in the course of employment. The Workers' Compensation Board established the claim and awarded benefits, a decision subsequently upheld by the Appellate Division. The court found substantial evidence supported the Board's conclusion that due to the nature of Deleon's work assignment and the benefit conferred upon the employer by her availability, her injuries arose out of and in the course of her employment, even though they occurred during a bathroom break after sleep.

Housekeeper injuryCourse of employmentArising out of employmentOvernight stayWorkers' compensation benefitsFactual issueSubstantial evidenceAppellate reviewPersonal injuryPremises liability
References
5
Case No. MISSING
Regular Panel Decision
May 20, 2007

Guzman v. 4030 Bronx Boulevard Associates L.L.C.

This appeal concerns the preclusion of expert testimony from a neuropsychologist, Dr. Elkhonon Goldberg, regarding the causation of infant plaintiff Tyrone Guzman's neurological deficits. The plaintiff has a history of multiple head traumas, and the lawsuit stems from alleged injuries sustained during a bathroom ceiling collapse. The trial court precluded Dr. Goldberg's testimony due to a lack of objective medical foundation to establish that the June 2001 incident was the proximate cause, subsequently dismissing the complaint. The appellate court agreed with the preclusion of testimony on causation but found an abuse of discretion in denying a continuance to allow plaintiffs to secure another medical expert. The matter was reversed and remanded for further proceedings.

Expert TestimonyNeuropsychologyTraumatic Brain InjuryCausationMotion in LimineContinuanceAppellate ProcedureEvidentiary StandardPersonal InjuryHead Trauma
References
22
Case No. 2022 NY Slip Op 06738 [210 AD3d 572]
Regular Panel Decision
Nov 29, 2022

Aguilera v. BJ's Wholesale Club, Inc.

Plaintiff, Anneldy Aguilera, was injured after slipping on an unidentified wet substance in the women's restroom at a BJ's Wholesale Club store. The defendant, BJ's Wholesale Club, Inc., moved for summary judgment, arguing a lack of actual or constructive notice of the hazardous condition. A maintenance worker's testimony of regular, twice-hourly inspections and cleaning of the bathroom was presented as prima facie evidence. The Supreme Court, Bronx County, granted the defendant's motion. On appeal, the Appellate Division, First Department, affirmed this decision, finding that the plaintiff failed to raise a triable issue of fact and that a timeframe of four to thirty minutes was insufficient to establish constructive notice.

Premises liabilitySlip and fallSummary judgmentConstructive noticeActual noticeMaintenanceBathroom accidentAppellate affirmanceWet substanceHazardous condition
References
4
Case No. MISSING
Regular Panel Decision
Feb 25, 1998

Claim of Washington v. New York City Department of Transportation

Claimant, an employee of the New York City Department of Transportation, injured his back in a work-related automobile accident. He purchased a self-massage table and had his bathroom remodeled for a whirlpool tub, both medically recommended but without prior employer authorization. A Workers’ Compensation Law Judge awarded reimbursement for the massage table but denied the whirlpool tub installation. The Workers’ Compensation Board modified the decision, awarding an additional $200 for a detachable whirlpool unit. The claimant appealed this modification, and the decision was affirmed, finding substantial evidence to support the Board's decision regarding the reasonableness of costs for the whirlpool tub, despite a physician's letter noting the purchased tub's appropriateness.

Workers' CompensationMedical ReimbursementSelf-insured EmployerAutomobile AccidentBack InjuryPhysical RehabilitationMedical DevicesWhirlpool TubMassage TableReasonableness of Costs
References
1
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