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Case Law Database

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

Case No. 2-07-133-CV
Regular Panel Decision
Mar 06, 2008

Mark Rotella Custom Homes, Inc. D/B/A Benchmark Custom Homes and Mark David Rotella v. Joan Cutting

This case involves an appeal by Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes and Mark David Rotella (Appellants) against Joan Cutting (Appellee). Appellants challenged the trial court's decision to grant summary judgment and deny their motion for a new trial, primarily arguing a lack of proper notice. The Court of Appeals, Second District of Texas, affirmed the trial court's judgment, concluding that evidence of selective refusal of service established constructive notice. The court also upheld Mark Rotella's joint and several liability, citing his personal guarantee in the construction contract and his liability for tortious acts as an agent. Appellants' claim regarding a lack of fraudulent intent was overruled due to insufficient briefing.

Summary JudgmentMotion for New TrialNotice RequirementsDue ProcessConstructive NoticeService of ProcessJoint and Several LiabilityCorporate Agent LiabilityFraudulent IntentAppellate Review
References
26
Case No. MISSING
Regular Panel Decision
Apr 12, 1996

Van Guilder v. Sands Hecht Construction Corp.

This case involves an appeal from a judgment in an action under Labor Law § 240 (1). The judgment, entered April 12, 1996, awarded damages for past pain and suffering and past lost earnings, but zero for future damages. The court unanimously affirmed the judgment. The central issue was whether the trial court correctly instructed the jury on mitigation of damages, specifically regarding the plaintiff's refusal to undergo a myelogram, a test repeatedly recommended by his treating orthopedist for diagnosis and potential surgery. The appellate court found ample evidence to justify the mitigation charge, citing the physician's recommendation and the plaintiff's failure to attend physical therapy or seek employment. The court also affirmed the damage award, finding it reasonable given conflicting medical testimony about a herniated disc and inconsistencies in the plaintiff's testimony about his post-accident lifestyle and efforts to find work.

Labor Law § 240 (1)DamagesMitigation of DamagesMyelogramMedical DiagnosisRefusal of TreatmentPain and SufferingLost EarningsHerniated DiscWorkers' Compensation Board
References
1
Case No. MISSING
Regular Panel Decision
Feb 17, 2005

O'Leary v. Clean Cut Carpentry, Inc.

The plaintiff appealed an order from the Supreme Court, Putnam County, which granted summary judgment to the defendant, Clean Cut Carpentry, Inc., dismissing the personal injury complaint against it. The appellate court affirmed the order, finding that Clean Cut Carpentry, Inc. had established its prima facie entitlement to judgment by demonstrating it lacked supervisory control over the activity causing the injury, a key element for common-law negligence and Labor Law § 200 violations. The plaintiff failed to present evidence to contradict this, thus failing to raise a triable issue of fact.

Personal InjurySummary JudgmentCommon-law NegligenceLabor LawSupervisory ControlConstruction Site SafetyAppellate DivisionEmployer LiabilityPrima Facie CaseTriable Issue of Fact
References
5
Case No. MISSING
Regular Panel Decision

Mazzarella v. Cutting

The employer, Charles Cutting, and his workers' compensation carrier appealed a decision by the Workers’ Compensation Board. The Board had denied the carrier's request for reimbursement from the Special Disability Fund, citing the carrier's failure to file the prescribed form C-251.3 prior to the award of compensation. The carrier argued that neither Workers’ Compensation Law § 14 (6) nor § 15 (8) (Z) explicitly required this specific form and that their timely filing of form C-251.2 provided notice to the Fund. The appellate court affirmed the Board's decision, emphasizing that 12 NYCRR 300.5 (e) mandates claims for reimbursement under Workers’ Compensation Law § 15 (8) to be filed on a chair-prescribed form, which was C-251.3. The court reiterated the Board Chair’s authority to issue regulations and forms, and the Board’s right to insist on strict adherence to these requirements, deeming the argument regarding lack of prejudice to the Fund irrelevant.

Workers' Compensation LawReimbursementSpecial Disability FundForm C-251.3Form C-251.2Regulation AdherenceBoard Chair AuthorityAppellate DivisionEmployer LiabilityInsurance Carrier Claims
References
3
Case No. 2020 NY Slip Op 00195 [179 AD3d 1262]
Regular Panel Decision
Jan 09, 2020

Matter of Seales v. Eastern Concrete Cutting Corp.

Kevan Seales filed a workers' compensation claim for an occupational disease. The claim was established, and a lump-sum award of $189,790.16 was stipulated. Claimant's counsel, Geoffrey Schotter, applied for a fee of $28,500, which was reduced to $20,000 by the Workers' Compensation Board. Schotter appealed this reduction. The Appellate Division affirmed the Board's decision, holding that the Board has broad discretion in approving counsel fees and did not abuse its discretion by reducing the fee, as it considered all appropriate factors.

Workers' CompensationCounsel FeesOccupational DiseaseSchedule Loss of UseLump-Sum AwardBoard DiscretionAppellate ReviewAttorney FeesRepetitive Strain InjuryJudicial Review
References
5
Case No. 2015-03-0211
Regular Panel Decision
Mar 21, 2016

Moffitt, Darcie v. Takahata Precisions

Darcie Moffitt, an employee of Takahata Precision, sought temporary total disability benefits for a left knee injury sustained in August 2014. Her employer denied benefits, arguing her work restrictions were due to pregnancy, which delayed recommended surgery. The Court found Takahata Precision caused a delay in Moffitt's orthopedic treatment and that Dr. O'Brien attributed her restrictions primarily to the work injury. Consequently, the judge granted Moffitt's request for past temporary disability benefits from May 6, 2015, to December 22, 2015.

Workers' CompensationTemporary DisabilityKnee InjuryPregnancy ImpactMedical Treatment DelayWork RestrictionsOrthopedic CareExpedited HearingCausation DisputeEmployer Responsibility
References
3
Case No. 2016-06-1429
Regular Panel Decision
Mar 31, 2017

Jackson, Eldon B. v. Express Services, Inc

Mr. Eldon B. Jackson sought payment for past medical expenses through an expedited hearing, claiming a recurrence of costochondritis was caused by his work for Express Services, Inc. The employer argued the injury was not primarily work-related and costochondritis was a pre-existing condition. The Court found Mr. Jackson failed to provide expert medical proof establishing a causal link between his employment and the condition's recurrence, which is required for non-obvious cases. Furthermore, Mr. Jackson also failed to present the actual medical bills for which he sought payment. Consequently, the Court denied his request for reimbursement of medical expenses but allowed for the possibility of presenting additional proof in the future.

Workers' CompensationMedical ExpensesExpedited HearingCostochondritisCausationPre-existing ConditionExpert Medical ProofTennesseeMisdiagnosisAortic Dissection
References
3
Case No. 2018-04-0350
Regular Panel Decision
May 14, 2019

Sevin sky, David v. Tridens Builders, LLC

David Sevinsky, a project manager, suffered a back injury on November 8, 2018, while working for Tridens Builders, LLC. The employer and its insurer, Technology Ins. Co., initially disputed the claim and delayed authorizing medical treatment and disability benefits. Following an expedited hearing, the Court found Mr. Sevinsky likely to prove entitlement to temporary partial disability benefits for a period from December 10, 2018, to January 18, 2019. The Court ordered Tridens to pay $3,972.66 in past temporary partial disability benefits to Mr. Sevinsky. Additionally, Mr. Sevinsky's request for attorney's fees was denied due to insufficient documentation, and the matter was referred to the Compliance Unit for investigation into potential penalties against the employer and insurer.

Workers' CompensationTemporary Partial DisabilityBack InjuryLumbar Disc HerniationExpedited HearingPenalty AssessmentEmployer LiabilityInsurer ObligationsMedical Treatment AuthorizationAttorney's Fees
References
3
Case No. 2016-06-0832
Regular Panel Decision
Oct 14, 2016

Gilbert, Thomas v. United Parcel Service, Inc.

Thomas Gilbert filed a second Request for Expedited Hearing, seeking temporary disability benefits from the last day he worked until United Parcel Service (UPS) began post-surgery temporary total disability payments. The Court reviewed the claim, which concerned an aggravation of a pre-existing left knee injury. A central piece of evidence was an undated "Work Comp Status Sheet" attributed to Dr. David Moore, indicating work restrictions; however, the Court questioned its reliability due to issues with authentication and inconsistencies with another physician's findings. Ultimately, the Workers' Compensation Judge, Kenneth M. Switzer, denied Mr. Gilbert's request, finding he failed to satisfy the burden of proof to show a likelihood of prevailing on the merits for past temporary disability benefits.

Workers' CompensationTemporary Disability BenefitsExpedited HearingWork RestrictionsMedical Evidence AdmissibilityBurden of ProofKnee InjuryPre-existing Injury AggravationEmployer LiabilityInsurance Carrier
References
5
Case No. 2016-03-0566
Regular Panel Decision
Jun 30, 2017

Jones, Elizabeth Renee v. Black's Mobile Detailing Service

Ms. Elizabeth Renee Jones, employee, filed a Request for Expedited Hearing seeking temporary disability benefits against Black's Mobile Detailing Service, employer. Previously, the Court had granted medical benefits for a left foot injury sustained during employment. The central legal issue in this expedited hearing was whether Ms. Jones was likely to prevail at trial in proving her entitlement to temporary disability benefits. The Court found sufficient evidence, including medical records from Dr. Testerman, indicating Ms. Jones was unable to work from May 27, 2016, through September 29, 2016. Consequently, Ms. Jones was awarded 18 weeks of past temporary disability benefits totaling $7,019.82. Since Black's Mobile Detailing Service lacked workers' compensation insurance, Ms. Jones was deemed eligible to receive these benefits from the Uninsured Employers Fund.

Workers' Compensation ClaimExpedited HearingTemporary Disability BenefitsLeft Foot InjuryUninsured Employers FundMedical Benefits AwardedWork Status RestrictionsAverage Weekly WageCausal ConnectionEmployment Injury
References
4
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