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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. ADJ3325525
Regular
Sep 12, 2008

RODOLFO SALAZAR vs. WESTERN ROOFING SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ's decision to delete Findings of Fact Numbers 6 through 9, to add a new Finding of Fact Number 6 deferring the issues of TD, applicant's average weekly wage and the EDD lien, and to delete paragraphs C and D of the Award. The issues of temporary disability, applicant's average weekly wage and EDD's lien are deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderTemporary Disability IndemnityAverage Weekly WageEmployment Development DepartmentState Disability BenefitsIndustrial InjuryApplicantDefendant
References
0
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
Case No. ADJ4593512 (AHM077352)
Regular
Jul 12, 2010

FRANCISCO ENRIQUEZ vs. DOUGLAS FURNITURE OF CALIFORNIA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE

The WCAB granted CIGA's petition for reconsideration to address its contention that the administrative law judge (WCJ) erred in finding a medical lien constituted a "covered claim" under Insurance Code § 1063.1(c). Although the WCJ ultimately disallowed the lien because its reasonable value had been paid, CIGA argued that the "covered claim" finding created potential collateral estoppel issues. Finding these findings irrelevant to the ultimate resolution, the WCAB amended the original order to delete the specific findings regarding the "covered claim" status. The WCAB affirmed the disallowance of the remaining lien balance.

CIGACalifornia Insurance Guarantee AssociationReconsiderationLien ClaimCovered ClaimInsurance Code § 1063.1(c)Findings and OrderWCJTorrance Memorial Medical CenterAssignment for Collection
References
0
Case No. MISSING
Regular Panel Decision
May 22, 2009

In re Jessica L.

This case concerns an appeal by a father against a finding of neglect regarding his two children. The children resided with their mother, who had a history of drug use. The father, suspecting the mother was currently using drugs, anonymously contacted the Administration for Children's Services (ACS). Although the mother subsequently tested positive for cocaine, the appellate court reversed the Family Court's neglect finding against the father. The court determined that the father's actions, including his proactive call to ACS, met the minimum degree of care required and did not constitute neglect, thereby vacating the finding and dismissing the petition against him.

Family LawChild NeglectParental RightsAppellate ReviewFamily CourtSubstance AbuseDrug TestingACS InterventionMinimum Degree of CareReversal of Finding
References
3
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. OAK 338750
Regular
May 14, 2008

ALICE DUDLEY vs. LOUIS MADSEN, D.D.S., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding an industrial injury to the applicant's right wrist and hand, resulting in permanent disability. The Board affirmed the finding of injury and permanent disability but deleted the 25% penalty for unpaid benefits, acknowledging the defendant's reasonable legal doubt on payment necessity. The Board also upheld the WCJ's decision despite the defendant's argument about the basis of the decision, finding the WCJ's report adequately addressed the requirements.

Workers' Compensation Appeals BoardPermanent DisabilityLabor Code Section 4658(d)Labor Code Section 5814Labor Code Section 5313Petition for ReconsiderationDecision After ReconsiderationFindings Award and OrderWCJMandatory Settlement Conference
References
1
Case No. ADJ712966 (LAO 0882887) ADJ4304736 (LAO 0882888)
Regular
Nov 09, 2012

JOSE SILVA vs. ENTERTAINMENT PARTNERS, CHARTIS

The WCAB granted reconsideration to amend a prior award, deleting a finding of injury to the applicant's right lower extremity based on the agreed medical examiner's opinion. The Board affirmed the original award in all other respects, including the finding of industrial injury to the psyche and lumbar spine and the 24% permanent disability rating. The WCAB also denied the defendant's request for credit for temporary disability overpayment, finding it within their discretion and noting the de minimis amount and applicant's good faith.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrderIndustrial InjuryPsycheLumbar SpineRight Lower ExtremityPermanent DisabilityTemporary Disability IndemnityAgreed Medical Examiner
References
6
Case No. 2020 NY Slip Op 07049 [188 AD3d 1182]
Regular Panel Decision
Nov 25, 2020

Matter of Treyvone A. (Manuel R.)

This case involves an appeal by Manuel R. from an order of disposition of the Family Court, Kings County, which found that he neglected the subject child, Treyvone A. The order placed the child in the custody of the Commissioner of Social Services of the City of New York. The Appellate Division, Second Department, agreed with the Family Court's finding that Manuel R. neglected the child by failing to provide adequate food and clothing. However, the Appellate Division disagreed with the Family Court's finding that Manuel R. neglected the child by using excessive corporal punishment, stating that the child's out-of-court statements lacked sufficient corroboration. Consequently, the order of disposition was modified by deleting the provision finding excessive corporal punishment, and as so modified, affirmed.

Child NeglectFamily Court ActAppellate ReviewCorporal PunishmentEvidentiary StandardsCorroboration RequirementDue ProcessEffective Assistance of CounselVacatur of OrderCPLR 5015
References
16
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Bakery & Confectionery Workers' International Union of America

This case involves a review of a determination finding discrimination. The court affirmed the discrimination finding, stating it was based on substantial evidence. However, the Commissioner's calculation of damages was found to be erroneous. The original damage award for eight complainants was based on an hourly wage rate applicable to only one. The court modified the awards for complainants whose actual wages were less than the hourly wage rate used by the Commissioner, accepting their actual hourly wage rate and hours lost. Awards where actual wages exceeded the determined rate were not disturbed due to the absence of a cross-appeal.

DiscriminationDamagesWage RateErroneous ComputationJudicial ReviewModificationComplainantsHourly WageSubstantial EvidencePanel Decision
References
2
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