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

Case No. ADJ10233708
Regular
Jan 17, 2020

ARTURO CHAVEZ vs. PURPOSE DRIVEN PERSONNEL, HARTFORD, COUNTRYWIDE PAYROLL, NORTH BAY DISTRIBUTION, COMPWEST, H&M HENNES & MAURITZ, TRAVELERS

This case concerns the employment status of applicant Arturo Chavez and the resulting workers' compensation liability. The WCAB rescinded the prior findings of fact regarding employment and remanded the case for further proceedings. The primary dispute revolves around whether Purpose Driven Personnel was applicant's employer, given its reliance on Countrywide for payroll and workers' compensation insurance. The Board emphasized the need for further development of evidence, particularly regarding employment agreements between potential employers, to clarify the employer-employee relationship and subsequent insurance coverage.

Special employerGeneral employerDual employmentJoint and several liabilityLabor Code section 3602(d)PEOEmployee leasingService agreementWorkers' compensation insuranceFindings of Fact
References
11
Case No. MISSING
Regular Panel Decision
Jul 24, 2008

Riches v. New York City Council

This case concerns an appeal affirming the dismissal of a summary judicial inquiry requested by eight citizens against the New York City Council and Speaker Quinn. The petitioners sought an inquiry into the Council's practice of allocating funds to "fictitious organizations" or "holding codes" during its budgeting process, alleging violations of the New York City Charter. The motion court, and subsequently the appellate court, determined that the Supreme Court justice appropriately exercised discretion in denying the inquiry. The decision was based on reasons including extensive public disclosure of the practice, ongoing investigations by governmental agencies, and the determination that the alleged transgression was not the type of venal act the Charter provision was designed to address. The court affirmed that granting such an inquiry is a matter of sound judicial discretion.

Summary judicial inquiryNew York City Charter Section 1109City Council budgetingFictitious organizationsGovernmental misconductAbuse of discretionAppellate reviewJudicial discretionPublic interestOngoing investigations
References
17
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. MISSING
Regular Panel Decision

Koral v. Board of Education

The petitioner, an assistant mechanical engineer, was dismissed by the board of education of the city of New York after refusing to answer questions about Communist party membership and espionage activities before the House Committee on Un-American Activities, claiming self-incrimination. The board terminated his employment citing section 903 of the New York City Charter, which mandates termination for employees refusing to testify on such grounds. The petitioner contended that section 903 was inapplicable as he was an employee of the board of education, not the city, and that he was denied a hearing under the Education Law. The court held that the petitioner was an employee of the City of New York under section 903 and that the section is self-executing, thus a hearing was not required when the facts were undisputed. The court also determined that the Congressional inquiry into espionage and loyalty constituted an inquiry into his official conduct as a public employee. Therefore, the motion was denied, and the petition dismissed.

Public Employee DismissalSelf-Incrimination PrivilegeUn-American ActivitiesNew York City CharterEducation Law ConflictLegislative Committee TestimonyLoyalty OathsConstitutional RightsArticle 78 ReviewGovernment Espionage Inquiry
References
15
Case No. MISSING
Regular Panel Decision

Ditullio v. Village of Massena

Plaintiff Christopher Ditullio, a police officer with the Village of Massena, sued Defendant Village of Massena for violations of the Americans with Disabilities Act (ADA) and New York Human Rights Law (HRL). Ditullio claimed disability discrimination and retaliation after sustaining a severe eye injury and being prevented from returning to road patrol duty. The Court granted the Defendant's motion for summary judgment regarding the ADA discrimination claim, finding the Plaintiff not 'disabled' under the ADA as his impairment did not substantially limit a major life activity. However, the Court denied the Defendant's motion for summary judgment on the HRL disability discrimination and retaliation claims, citing genuine issues of material fact. Plaintiff's cross-motion for summary judgment concerning alleged unlawful medical inquiries was also denied, as the inquiries were deemed job-related and consistent with business necessity.

ADAHuman Rights LawDisability DiscriminationRetaliationSummary JudgmentPolice OfficerEye InjuryVisual ImpairmentSubstantial LimitationMajor Life Activity
References
25
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. 103 B.R. 416
Regular Panel Decision
Nov 01, 1989

Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)

The court issued findings of fact and conclusions of law, granting a preliminary injunction against the IAM for their unlawful strike activities targeting Eastern Air Lines at LaGuardia and Hartsfield Airports. The enjoined conduct includes trespassing, mass picketing, harassment, violence, and vandalism against Eastern's employees, customers, and property. The court found that these actions caused substantial and irreparable harm to Eastern and that public authorities were unable or unwilling to provide adequate protection. While the injunction imposed strict restrictions on these disruptive behaviors, the court denied Eastern's request to enjoin residential picketing, citing the Norris-LaGuardia Act. This decision aims to balance the unions' right to strike with Eastern's need to continue operations and protect its assets and personnel during the Chapter 11 reorganization.

Preliminary InjunctionLabor DisputeAirline IndustryStrike ActivityUnlawful ConductMass PicketingHarassmentVandalismUnion LiabilityNorris-LaGuardia Act
References
116
Case No. MISSING
Regular Panel Decision

In re Monique M.

The mother appealed a fact-finding order that found she abused her child Sonique M. and derivatively abused Monique M., Treston D., and Daymondray T., and two dispositional orders. The evidence showed the mother allowed her boyfriend, against whom an order of protection was issued, back into her home, where he sexually abused Sonique M., and the mother failed to intervene. However, the Family Court erred by issuing the dispositional orders without first conducting a mandatory dispositional hearing, which violated due process. The appellate court reversed the orders of disposition and remitted the matter to the Family Court, Kings County, for a dispositional hearing before a different judge due to concerns about the original judge's impartiality.

Child AbuseDerivative AbuseDispositional HearingFamily Court Act Article 10Parental JudgmentOrder of Protection ViolationSexual AbuseJudicial ImpartialityDue ProcessRemittitur
References
11
Case No. MISSING
Regular Panel Decision
Nov 02, 1981

Liberty Mutual Insurance v. Newman

Plaintiff insurer, Liberty Mutual Insurance Company, mistakenly paid $9,805.66 to defendant Ruth Newman, intended for an aggregate trust fund related to her deceased husband's workers' compensation benefits. After forwarding the correct payment to the fund, Liberty Mutual sought restitution from Newman, who refused. The Workers' Compensation Board declined to intervene, stating no recourse existed under the Workers' Compensation Law for the error. Special Term initially granted summary judgment to Liberty Mutual. On appeal, the judgment was modified, with the Appellate Division agreeing it was a mistake of fact, not an overpayment of benefits, thus affirming the denial of Newman's summary judgment motion. However, the case was remitted to Special Term for a hearing to determine if ordering full restitution would cause a detrimental change in Newman's position regarding her benefits, and clarified that interest and costs should not be awarded against her.

restitutionmistake of factworkers' compensationsummary judgmentunjust enrichmentdetrimental relianceequityinsurance carrieraggregate trust fundappellate review
References
19
Case No. ADJ9361055
Regular
Dec 16, 2014

CODY GLEASON vs. MEASUREMENT DRIVEN REHABILITATION, AMTRUST

This case, Cody Gleason v. Measurement Driven Rehabilitation; Amtrust, resulted in the dismissal of the applicant's Petition for Reconsideration. The Workers' Compensation Appeals Board found the petition was not timely-filed. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's Report and Recommendation. Therefore, the Petition for Reconsideration was dismissed.

Petition for ReconsiderationTimely-filedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationDismissedADJ9361055Measurement Driven RehabilitationAmtrustSan Diego District Office
References
0
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