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Case Law Database

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

Case No. ADJ2030213; ADJ2904030; ADJ4232151

Regular

Oct 22, 2014

LETICIA SANCHEZ vs. BARRETT BUSINESS SERVICES, INC.

This case involves a Petition for Reconsideration filed by lien claimant Dr. Elena Konstat regarding a workers' compensation award. The Workers' Compensation Appeals Board denied reconsideration, adopting the findings of the Workers' Compensation Judge. The judge found the opinion of Dr. Mory Framer more persuasive than Dr. Konstat's report, despite conflicting medical opinions. Dr. Framer concluded the applicant's psyche injury was non-industrial, while Dr. Konstat did not fully address pre-existing conditions or non-industrial stressors.

Workers' Compensation Appeals BoardPetition for Reconsiderationsubstantial evidencelien claimantfindings and ordertimely petitionadmitted injuriesdenied body partspsyche injurypermanent disability

References

Case No. ADJ4611519

Regular

Jan 31, 2019

JORGE OROZCO vs. SOUTHLAND FRAMERS, STATE COMPENSATION INSURANCE FUND

This case concerns an injured carpenter seeking home health care services for his back, neck, and head injuries sustained in 2001. The defendant employer's insurer argued against the award of home health care, claiming the utilization review (UR) determination was timely and the requested hours exceeded guidelines. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision, finding the defendant's UR denials were untimely, thus granting the WCAB jurisdiction to determine medical necessity. The WCAB also held that substantial medical evidence from the applicant's treating physician supported the need for home health care, up to 12 hours daily, seven days a week.

Utilization ReviewHome Health CareTimelinessMedical NecessityWorkers' Compensation Appeals BoardRequest for AuthorizationFindings and AwardReconsiderationAdministrative Law JudgeLabor Code

References

Case No. 2022 NY Slip Op 04447

Regular Panel Decision

Jul 08, 2022

Hann v. S&J Morrell, Inc.

Plaintiff, Phillip Hann, a framer employed by a subcontractor, initiated a Labor Law and common-law negligence action against S&J Morrell, Inc., the owner and general contractor of a residential construction project. Hann sought damages for injuries allegedly sustained from a fall while erecting an elevated exterior deck. The Supreme Court initially granted Hann's cross motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). However, the Appellate Division, Fourth Department, unanimously reversed this order, denying the cross motion in its entirety. The appellate court found that the defendant's submissions, including supervisor testimony and photographs contradicting the plaintiff's and foreman's accounts of a deck collapse, raised a triable issue of fact regarding whether the accident occurred as alleged, thus creating a significant credibility issue for the factfinder.

Labor Law § 240 (1)Summary JudgmentProximate CauseCredibility IssueAppellate ReviewConstruction AccidentElevated Work SiteFall ProtectionFramerSubcontractor

References

Case No. MISSING

Regular Panel Decision

Apr 14, 2004

Rosado v. Briarwoods Farm, Inc.

This case involves a wrongful death action where the plaintiff's decedent, a framer, was fatally injured when bundles of lumber fell from an uncompleted porch overhang. The decedent was attempting to shore up the sagging overhang when the accident occurred. The plaintiff alleged violations of Labor Law §§ 200, 240 (1), and 241 (6), as well as common-law negligence, against Briarwoods Farm, Inc. (the development owner) and Monsey Lumber & Building Supply Corp. (the lumber supplier). The Supreme Court's order regarding various summary judgment motions was modified on appeal. The appellate court denied the plaintiff's motion for summary judgment on Labor Law § 240 (1) against Briarwoods and granted Briarwoods' motion to dismiss the Labor Law § 240 (1) claim. However, Briarwoods' motion to dismiss Labor Law § 241 (6) and Monsey's motion to dismiss the common-law negligence claim were denied. The cross-appeal by Thomas Scarpulla, Inc. was dismissed as abandoned.

Wrongful DeathLabor LawConstruction AccidentFalling ObjectSummary JudgmentAppellate ReviewNegligenceProximate CauseIndustrial CodeOccupational Safety

References

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LETICIA SANCHEZ vs. BARRETT BUSINESS SERVICES, INC.

Workers' Compensation Appeals BoardPetition for Reconsiderationsubstantial evidencelien claimantfindings and ordertimely petitionadmitted injuriesdenied body partspsyche injurypermanent disability

JORGE OROZCO vs. SOUTHLAND FRAMERS, STATE COMPENSATION INSURANCE FUND

Utilization ReviewHome Health CareTimelinessMedical NecessityWorkers' Compensation Appeals BoardRequest for AuthorizationFindings and AwardReconsiderationAdministrative Law JudgeLabor Code

Hann v. S&J Morrell, Inc.

Labor Law § 240 (1)Summary JudgmentProximate CauseCredibility IssueAppellate ReviewConstruction AccidentElevated Work SiteFall ProtectionFramerSubcontractor

Rosado v. Briarwoods Farm, Inc.

Wrongful DeathLabor LawConstruction AccidentFalling ObjectSummary JudgmentAppellate ReviewNegligenceProximate CauseIndustrial CodeOccupational Safety