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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

Claim of Jweid v. Vicks Lithograph & Printing

Claimant injured his back at work in February 1999, leading to multiple diagnoses and back surgeries. Following surgeries, he developed a consequential left foot drop injury. A workers' compensation claim was established and later amended to include the foot drop. Medical evidence supported a 40% loss of use of the left foot and a permanent partial disability of his back, with the claimant having reached maximum medical improvement. The Workers’ Compensation Law Judge made a schedule loss award for the 40% loss of use of the left foot, which the Workers’ Compensation Board affirmed. The employer and carrier appealed, arguing against a schedule loss award. The court affirmed the Board's decision, finding it supported by substantial evidence, as a schedule loss of use award is appropriate when there is no continuing need for medical treatment and the condition is stable.

Workers' CompensationSchedule Loss of UseBack InjuryFoot DropMedical ImprovementPermanent Partial DisabilityAppellate ReviewSubstantial EvidenceMedical OpinionCausal Relationship
References
5
Case No. MISSING
Regular Panel Decision

Claim of Hughes v. Indian Valley Industries, Inc.

In October 1996, the claimant sustained a work-related injury while lifting a 500-pound tarpaulin, leading to claims of left foot, leg, low back injuries, and nerve damage. Initially, a Workers’ Compensation Law Judge (WCLJ) recognized causal relationship only for the left foot injury, later amending the findings to include the back injury and left foot drop. The Workers’ Compensation Board subsequently rescinded the portion regarding the left foot drop for further medical evaluation but affirmed the causal relationship for the back injury and rejected the carrier's fraud allegations. The employer and its carrier appealed this Board decision. The Appellate Division affirmed the Board’s determination, noting that resolving conflicting expert medical testimony falls within the Board’s authority and concluding that the Board’s findings on the back injury and fraud issue were supported by substantial evidence.

CausationBack InjuryLeft Foot DropMedical EvidenceConflicting TestimonyWorkers' Compensation FraudPreexisting ConditionSubstantial Evidence ReviewAppellate AffirmationJudicial Review of Administrative Decision
References
4
Case No. MISSING
Regular Panel Decision
Mar 25, 2004

Foote v. Lyonsdale Energy Limited Partnership

Glenn A. Foote, Jr., an employee, sustained injuries when a wood chip stacker collapsed at the Lyonsdale Cogeneration Facility. He and his wife filed a lawsuit alleging negligence and violations of Labor Law §§ 200, 240, and 241 against the facility owners (Lyonsdale Energy Limited Partnership and Moose River Energy, Inc.), the stacker designer (American Bin & Conveyor), and the procurer (Wolf & Associates). The Supreme Court partially granted summary judgment to Lyonsdale and Wolf, dismissing the Labor Law § 240(1) claim against Lyonsdale and the negligence claim against Wolf. On cross-appeals, the Appellate Division affirmed the lower court's decision, concluding that Labor Law § 240(1) was inapplicable as the injury resulted from the structure's collapse rather than the failure of a safety device. The court also upheld the dismissal of the negligence claim against Wolf due to the absence of a duty to the plaintiff, and found a question of fact existed regarding Lyonsdale's supervisory control, thus denying summary judgment to Lyonsdale on other claims.

Labor LawWorkplace InjurySummary JudgmentNegligenceElevated Work SiteScaffold LawWood Chip StackerDesign DefectSupervisory ControlContractual Obligation
References
19
Case No. 2021 NY Slip Op 02605
Regular Panel Decision
Apr 29, 2021

Ping Lin v. 100 Wall St. Prop. L.L.C.

Plaintiff Ping Lin sustained injuries after falling from a six-foot A-frame ladder while working on a drop ceiling on June 3, 2015. He was holding a piece of sheetrock with one hand and reaching for a drill with the other when the sheetrock fell, hitting his head, causing him to drop the drill and the ladder to shake, leading to his fall. The Appellate Division, First Department, reversed the Supreme Court's order, which had denied plaintiff's motion for summary judgment regarding liability under Labor Law § 240 (1). The court found that defendants violated Labor Law § 240 (1) by failing to properly secure the ladder against movement or slippage, thus not providing adequate protection. The court rejected arguments regarding inconsistent statements, intervening superseding cause, or plaintiff's sole proximate cause/recalcitrant worker status, concluding that the ladder was an inadequate safety device for the work performed.

Summary JudgmentLadder AccidentPersonal InjuryConstruction Site SafetyWorker FallAppellate ReviewLiabilityHazardous EquipmentNegligenceWorkplace Accident
References
13
Case No. 07 Civ. 1358(DAB)
Regular Panel Decision
Sep 29, 2009

Osberg v. Foot Locker, Inc.

Plaintiff Geoffrey Osberg filed a class action against Foot Locker, Inc. and its Retirement Plan, alleging violations of ERISA due to the 1996 conversion of the plan to a cash balance system. The complaint included claims for age discrimination, insufficient notice of benefit reduction, misleading summary plan descriptions (SPDs), and breach of fiduciary duties. Defendants moved to dismiss all counts, but the court denied dismissal on grounds of standing and statute of limitations for all claims. The court granted the motion to dismiss for age discrimination (Count One) and insufficient notice under the 1996 ERISA § 204(h) (Count Two), aligning with precedents that found cash balance plans not inherently age discriminatory and that the notice provided met the then-current requirements. However, the court denied the motion to dismiss regarding the misleading SPD (Count Three) and breach of fiduciary duty (Count Four), concluding that the SPD might have been insufficiently clear about the "wear-away" effect and benefit reductions, thereby supporting the breach of fiduciary duty claim.

ERISApension plancash balance planbenefit conversionage discriminationfiduciary dutysummary plan descriptionnotice requirementsmotion to dismissstatute of limitations
References
15
Case No. ADJ350092 (LBO 0372531)
Regular
Apr 23, 2010

PATRICK FOOTE vs. MEDADENT BIOMEDICAL; SCIF INSURED SANTA ANA

The Workers' Compensation Appeals Board dismissed Patrick Foote's petition for reconsideration because it was unverified and lacked proof of service, violating Labor Code sections 5902 and 5905. The Board noted that the applicant had ample opportunity to cure these defects but failed to do so. Even if the procedural defects were overlooked, the Board would have denied the petition based on the original administrative law judge's findings. Ultimately, the petition was dismissed for non-compliance with procedural requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalIndustrial InjuryPsycheUpper BackNeckHeadIn Pro PerUnverified Petition
References
1
Case No. 18-CV-0361
Regular Panel Decision
Mar 06, 2018

Commodity Futures Trading Comm'n v. McDonnell

The Commodity Futures Trading Commission (CFTC) sued Patrick McDonnell and his company, CabbageTech, Corp. d/b/a Coin Drop Markets (CDM), alleging a deceptive and fraudulent virtual currency scheme. The defendants were accused of offering fraudulent trading and investment services related to virtual currency, misappropriating investor funds, and misrepresenting trading advice and future profits. The primary legal questions involved the CFTC's standing to sue and whether virtual currencies are considered commodities under the Commodity Exchange Act (CEA). The court affirmed both questions, finding that virtual currencies function as commodities and that the CFTC has jurisdiction over fraud in underlying spot markets, not just derivatives. Consequently, the court granted a preliminary injunction in favor of the CFTC and denied the defendants' motion to dismiss for lack of jurisdiction, concluding there was a reasonable likelihood of continued CEA violations without the injunction.

Virtual CurrencyBitcoinLitecoinCommodity Exchange ActCFTC JurisdictionFraudMisappropriationPreliminary InjunctionSpot Market RegulationFinancial Technology
References
60
Case No. ADJ5776655, ADJ7629109
Regular
May 23, 2014

JORGE ANDRADE vs. VENTURA UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration to review the WCJ's findings regarding applicant's back injuries in 2005 and 2008. The Board found the medical reports regarding permanent disability and apportionment were not substantial evidence, particularly concerning the applicant's documented foot drop. Therefore, the Board rescinded the previous Findings and Awards. The case is remanded to the WCJ for further development of the record on permanent disability and apportionment issues.

QMEWCJindustrial injuryback injurypermanent disabilityapportionmentsubstantial evidencepanel Qualified Medical EvaluatorDRE CategoryWPI
References
8
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. ADJ7744103, ADJ7580182 (MF)
Regular
May 05, 2014

IGNACIO RAMOS vs. GREENWOOD DAIRY, CALIFORNIA LIVESTOCK PROCDUCERS

The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. While finding no permanent disability from the applicant's industrial foot injury, the Board determined that the applicant did sustain industrial injury in the form of a fungal foot infection and bilateral foot sprain. The Board disagreed with the trial judge's finding of no industrial injury and clarified that Dr. McCoy's opinion, not Dr. Panting's, constituted substantial evidence regarding the nature of the industrial injury. Issues of temporary disability and further medical treatment were deferred to the trial level for further decision.

AOE/COEPetition for ReconsiderationFindings and OrderAgreed Medical ExaminerPanel Qualified Medical ExaminationSubstantial EvidenceMedical ProbabilityOsteonecrosisFreiberg's infractionFungal foot infection
References
0
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