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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

The People v. Reginald Powell

This case addresses the constitutionality of New York's standard for admitting third-party culpability evidence, as set forth in *People v Primo*, in light of the Supreme Court's ruling in *Holmes v South Carolina*. Defendant Reginald Powell was convicted of the murder of Jennifer Katz and argued on appeal that the *Primo* standard infringed upon his Sixth and Fourteenth Amendment rights to present a complete defense by precluding evidence against Warren Powell, the victim's ex-boyfriend and life insurance beneficiary. The Court clarified that the *Primo* standard, which employs a general evidentiary balancing test, is consistent with constitutional principles as it focuses on the probative value of evidence against its potential for prejudice, delay, and confusion. The Court affirmed the trial court's decision, finding no abuse of discretion in precluding the defendant's speculative third-party culpability evidence.

Constitutional LawRight to Present DefenseThird-Party CulpabilityEvidentiary StandardProbative ValueUndue PrejudiceMurderAppellate ReviewAbuse of DiscretionCriminal Procedure Law
References
14
Case No. LAO 0799368, LAO 0800603
Regular
Apr 28, 2008

ALICE B. PARKINSON vs. THE OLIVE GARDEN, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order allowing a lien in full. The WCAB found that the administrative law judge (WCJ) failed to comply with procedural rules by not conducting an evidentiary hearing and that the defendant likely never received proper notice of the lien trial. Therefore, the case was returned to the trial level for an evidentiary hearing on the lien claim, with the WCAB also noting the defendant's potential culpability for non-appearance.

Workers' Compensation Appeals BoardReconsiderationLien TrialCompromise and ReleaseAffidavit of Defendant Re: Resolution of LiensDue ProcessEvidentiary HearingWCAB Rule 10562Notice of TrialService of Process
References
0
Case No. ADJ1 298503 (LAO 0876726) ADJ4673153 (LAO 0876725)
Regular
Jun 04, 2015

MAUDE TATE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration of a sanctions order because the petition was not properly served on Javier Jimenez, a key party whose culpability was at issue. The lien claimants sought to shift sole blame for sanctions to Mr. Jimenez, who acted as their hearing representative. Despite the failure of service, the Board indicated that, had the petition been properly served, they would have affirmed the sanctions against the lien claimants due to their frivolous conduct in failing to provide evidence for reimbursement.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsLien ClaimantsHearing RepresentativeMedical Provider NetworkReimbursementFrivolous ConductBurden of ProofPrima Facie Showing
References
3
Case No. ADJ7489641
Regular
Sep 26, 2013

BRIAN SIKES vs. AAA QUALITY SERVICES

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by California Imaging Solutions, upholding the dismissal of their lien claim. The lien was dismissed because the claimant failed to appear at a lien conference and present proof of activation fee payment, a requirement under Labor Code §4903.06(a)(4). The WCAB also noted the petition was invalid due to an unidentified author, thus failing to meet verification requirements. California Imaging Solutions' arguments regarding compliance with the statute, culpability, due process, and the fifteen-day timeframe were rejected.

Petition for ReconsiderationPetitionReconsiderationWCABBrian SikesAAA Quality ServicesADJ7489641Order Denying PetitionCalifornia Imaging Solutionslien claim
References
0
Case No. 2025 NY Slip Op 02197
Regular Panel Decision
Apr 16, 2025

Lupo v. Caruso

In this personal injury action, plaintiff Michael Lupo was allegedly injured after falling from a ladder borrowed from defendant Maria Caruso during renovation work at her home. The plaintiffs asserted causes of action alleging a violation of Labor Law § 200 and common-law negligence. The Supreme Court granted summary judgment to the defendant, dismissing these claims. The Appellate Division affirmed, holding that the defendant demonstrated she neither created nor had actual or constructive notice of the ladder's alleged dangerous condition. Additionally, the plaintiffs failed to establish the defendant culpably destroyed the ladder for spoliation sanctions.

Labor Law § 200Common-law negligenceSummary judgmentSafe place to workFall from ladderHome renovationDangerous conditionActual noticeConstructive noticeSpoliation of evidence
References
11
Case No. MISSING
Regular Panel Decision
Jul 29, 1996

Ray v. County of Delaware

The plaintiff sued Delaware County Mental Health Clinic for negligence, alleging failure to properly hire and supervise employee Brian Hart, a social worker who engaged in a sexual relationship with the plaintiff. Defendants moved for summary judgment, arguing proper procedures, lack of foreseeability, and plaintiff's culpable conduct. The Supreme Court granted the motion, determining the plaintiff failed to provide credible evidence for recovery. The appellate court affirmed this decision, finding that the plaintiff did not present affirmative proof to establish genuine issues of fact regarding the defendants' negligence in hiring and supervising their employee.

NegligenceSummary JudgmentAppealSupervisionEmployee MisconductSocial WorkerMental Health ClinicForeseeabilityEthical ConductProximate Cause
References
4
Case No. MISSING
Regular Panel Decision
Oct 11, 1988

Johnson v. Riggio Realty Corp.

This case concerns an appeal regarding a personal injury action brought by firefighter Richard J. Johnson and his wife under General Municipal Law § 205-a. The plaintiffs moved to strike the defendants' affirmative defense of culpable conduct, arguing it does not apply to this special statutory cause of action. The Supreme Court granted this motion, and the appellate court affirmed the decision. The court reasoned that General Municipal Law § 205-a establishes a standard of absolute liability for property owners, similar to Labor Law § 240, and allowing a defense of comparative negligence would undermine the statute's legislative intent to protect firefighters from enhanced risks due to code violations.

Firefighter injuryGeneral Municipal Law 205-aStrict liabilityAbsolute liabilityComparative negligenceContributory negligenceAffirmative defenseProperty owner liabilityStatutory interpretationLabor Law 240 analogy
References
7
Case No. 2025 NYSlipOp 06811
Regular Panel Decision
Dec 09, 2025

Hanslick v. UG2

Plaintiff Tabitha Hanslick, a librarian at the Fashion Institute of Technology, was injured when slatwall panels stored vertically collapsed onto her leg. Defendant UG2, a building service company contracted by FIT, had stored the panels. The Supreme Court initially denied defendant's motion for summary judgment and granted plaintiff's motion for summary judgment as to liability. However, the Appellate Division modified this order, denying plaintiff's motion in its entirety and otherwise affirming. The appellate court found that plaintiff's expert opinion regarding causation was conclusory and speculative, lacking support from the record evidence. As a result, the affirmative defenses concerning plaintiff's culpable conduct and lack of notice should not have been dismissed.

Summary JudgmentAppellate DivisionLabor LawSafe Place to WorkPremises LiabilityNegligenceSlatwall PanelsDangerous ConditionCulpable ConductExpert Witness
References
5
Case No. MISSING
Regular Panel Decision

People v. Cantalino

Joann Cantalino faced criminal charges including assault, menacing, criminal possession of a weapon, criminal mischief, and harassment after she attempted to serve a court order by literally 'nailing' it to her estranged husband's door, as explicitly directed by Justice Rigler. She was confronted by Jacqueline Danner, a police officer cohabiting with her husband, leading to a physical altercation and property damage. Justice Maltese dismissed the criminal court information in the interest of justice, ruling that Cantalino was not criminally culpable because she acted under the literal instruction of a court order. The court found no criminal intent for the alleged offenses and deemed the criminal court an inappropriate forum for such a matrimonial dispute, suggesting civil remedies for any damages.

dismissal in interest of justicecriminal mischiefassaultmenacingharassmentcriminal possession of weaponmatrimonial disputeservice of processnail and mailcourt order compliance
References
17
Case No. MISSING
Regular Panel Decision

Brazell v. Board of Education of Niskayuna Public Schools

This case concerns an appeal from an order denying defendant's motion for summary judgment in a personal injury action. The plaintiff sued the defendant, alleging negligent supervision after her son, Colin, stole an oxidizing agent from the school's science lab and subsequently suffered burns when it ignited. The defendant argued that Colin's intentional act of theft was the sole proximate cause of his injuries. The Supreme Court initially denied the defendant's motion, but the appellate court reversed this decision. The appellate court found that Colin's intervening culpable act of stealing the chemical constituted a superseding force, thus absolving the defendant of any liability. Consequently, the appellate court granted summary judgment to the defendant and dismissed the complaint.

Personal InjuryNegligenceProximate CauseSuperseding CauseSummary JudgmentChemical TheftSchool LiabilityChild InjuryAppellate ReviewCausation
References
4
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