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Case No. ADJ8586896

Regular

Dec 27, 2017

, Jose Benitez (Deceased), Zeferina Higuera Quezada vs. , AG Force, LLC, , Intercare Holding Insurance Services, , Gurmail Chehal and Samarjit Kaur, as Husband and Wife, Uninsured

This case concerns a deceased laborer, Jose Benitez, whose widow claimed his death from cellulitis resulted from an insect bite sustained while working for AG Force, LLC. Despite the lack of direct witnesses, the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB found that the Administrative Law Judge's (ALJ) determination of industrial causation was supported by the credible testimony of the applicant's wife and medical reports. The Board emphasized the "reasonable probability" standard for industrial causation and gave deference to the ALJ's credibility findings.

Industrial causationreasonable probabilitycircumstantial evidencecredible testimonyWCJ credibility assessmentinsect bitecellulitisspider bitebrown recluse spiderattending physician

References

Case No. MISSING

Regular Panel Decision

Tosha Restaurants, LLC v. New York State Division of Human Rights

Shane A. Fuller was terminated from his part-time dishwasher position at a Denny's Restaurant due to a skin condition (psoriasis and cellulitis). He filed a complaint with the New York State Division of Human Rights, alleging disability discrimination. The Administrative Law Judge and subsequently the Commissioner of Human Rights found the employer guilty of an unlawful discriminatory practice under Executive Law § 296 and awarded Fuller damages for lost pay, counseling, and pain and suffering. The employer (petitioner) commenced a proceeding to annul this determination. The court reviewed the employer's explanations for termination (customer complaints, health concerns, scheduling issues) and found them to be pretexts for discrimination. The court confirmed the determination of the New York State Division of Human Rights and dismissed the employer's petition.

Disability DiscriminationEmployment TerminationPsoriasisCellulitisUnlawful Discriminatory PracticeExecutive LawHuman Rights LawAppellate ReviewAdministrative DeterminationPretext for Discrimination

References

Case No. MISSING

Regular Panel Decision

Brown v. Triboro Coach Corp.

Ritchie R. Brown, a pro se plaintiff, sued Triboro Coach Corporation under Title VII and the ADA, alleging racial discrimination, disability discrimination (due to extensive absences caused by sleep apnea and cellulitis, and failure to accommodate with a light-duty position), and retaliation for his absences and refusal to sign a resignation letter. Triboro moved for summary judgment. The court found Brown failed to establish a prima facie case for racial discrimination, as he could not show similarly situated white employees were treated more favorably, and Triboro had a legitimate, non-discriminatory reason for his termination—failing two drug tests and not completing rehabilitation. Regarding ADA claims, the court determined Brown was not a qualified individual with a disability as he couldn't perform essential job functions and didn't properly request accommodation. His retaliation claim also failed because being on disability leave is not a protected activity under Title VII, and the resignation letter incident occurred post-termination. Consequently, the court granted Triboro's motion for summary judgment, dismissing all of Brown's claims.

Employment DiscriminationRacial DiscriminationDisability DiscriminationADATitle VIISummary JudgmentDrug Testing PolicyRetaliation ClaimSleep ApneaBus Operator

References

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, Jose Benitez (Deceased), Zeferina Higuera Quezada vs. , AG Force, LLC, , Intercare Holding Insurance Services, , Gurmail Chehal and Samarjit Kaur, as Husband and Wife, Uninsured

Industrial causationreasonable probabilitycircumstantial evidencecredible testimonyWCJ credibility assessmentinsect bitecellulitisspider bitebrown recluse spiderattending physician

Tosha Restaurants, LLC v. New York State Division of Human Rights

Disability DiscriminationEmployment TerminationPsoriasisCellulitisUnlawful Discriminatory PracticeExecutive LawHuman Rights LawAppellate ReviewAdministrative DeterminationPretext for Discrimination

Brown v. Triboro Coach Corp.

Employment DiscriminationRacial DiscriminationDisability DiscriminationADATitle VIISummary JudgmentDrug Testing PolicyRetaliation ClaimSleep ApneaBus Operator