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

Case No. MISSING
Regular Panel Decision
Jan 08, 2014

Claim of Angela Page v. Liberty Central School District

The claimant, a school librarian, sought workers' compensation benefits in July 2004 for a disability from toxic mold exposure, leading to an established claim for hypersensitivity and awards for temporary total disability. In 2006, the claim was amended to include multiple chemical sensitivity, and awards for marked disability continued. A Workers’ Compensation Law Judge (WCLJ) later classified the claimant with a permanent total disability in March 2010, but the Workers' Compensation Board rescinded this finding and referred the matter to an impartial medical specialist, Theodore Them. Them testified that multiple chemical sensitivity is not a medically recognized condition and that the claimant had no causally-related disability, which the Board credited in its December 2012 decision, finding no further causally-related disability and closing the case. The claimant's subsequent appeal of this decision was not perfected, and an application for reconsideration was denied. An April 2013 WCLJ decision to further develop the record on disability was challenged by the employer, who argued the December 2012 Board decision had resolved the issue. The Board panel agreed with the employer in January 2014, precluding further development of the record, a decision which this Court affirmed on appeal, stating the issue of causally-related disability had been decided and the claimant's remedy was a timely appeal of the prior Board decision.

References
2
Case No. ADJ3817836 (SJO 0250881)
Regular
May 31, 2012

ZUFAN A. REDA vs. FRY'S ELECTRONICS, INC., ZURICH NORTH AMERICAN INSURANCE

This case concerns applicant Zufan A. Reda's claim for permanent total disability due to a psychiatric injury. The Workers' Compensation Appeals Board (WCAB) is ordering the development of the record because neither the applicant's QME, Dr. Sidle, nor the defendant's QME, Dr. Keins, provided substantial evidence regarding the apportionment of psychiatric permanent disability. The WCAB found that Dr. Sidle's report incorrectly addressed causation of injury rather than apportionment of disability, and Dr. Keins' report was rejected as non-substantial due to prior rulings on industrial causation. Therefore, the WCAB has appointed Dr. Roy Curry as a "regular physician" to conduct a new evaluation on the issue of psychiatric permanent disability.

Petition for ReconsiderationDevelopment of RecordLabor Code section 5701Industrial InjuryPsychiatric InjuryCompensable ConsequenceSection 5803Section 5804Section 5410Permanent Total Disability
References
3
Case No. MISSING
Regular Panel Decision

Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.

The court reviewed CPLR article 78 petitions challenging the New York State Urban Development Corp.'s (ESDC) modification of the Atlantic Yards Project plan under the State Environmental Quality Review Act (SEQRA). Petitioners argued ESDC irrationally maintained a 10-year project build-out date and failed to mandate a supplemental environmental impact statement (SEIS), despite significant project delays outlined in new agreements. The court found ESDC's continued use of the 10-year build date arbitrary and capricious and its environmental analysis inadequate, necessitating an SEIS to address prolonged construction impacts. However, the court denied a stay on Phase I construction, citing its advanced stage and prior environmental review.

Environmental ReviewSEQRAAtlantic Yards ProjectProject Build-Out DelaySupplemental Environmental Impact Statement (SEIS)Rational Basis ReviewArbitrary and CapriciousDevelopment AgreementMTA AgreementNeighborhood Character Impacts
References
19
Case No. ADJ4139911 (WCK 0055868) ADJ2615875 (WCK 0055867) ADJ1560333 (WCK 0039954) ADJ3261818 (WCK 0039953)
Regular
Aug 30, 2010

ELENA ALMAZAN vs. GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT, Adjusted By ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's Petition for Reconsideration as interlocutory, finding the WCJ's rulings on evidence admissibility and further record development were not final orders. The WCAB also denied the Defendant's petition for removal, concluding no substantial prejudice or irreparable injury warranted the extraordinary remedy. The Board affirmed the WCJ's admission of certain lien claimant exhibits and the order for further development, deeming it necessary to resolve payment discrepancies and lien reasonableness. Therefore, the case will proceed for further proceedings before the WCJ to fully develop the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenial of RemovalInterlocutory OrdersAdmissibility of EvidenceLien ClaimantFurther Development of RecordAccuracy of DocumentsCourt Administrator Rule 10236Substantive Right
References
8
Case No. MISSING
Regular Panel Decision

Klein v. A.D. Development Ltd.

Frank Klein's motion to consolidate action numbers 1 and 2 was granted without opposition. Defendant Kala Zaveri, also president of A.D. Development Ltd., filed a cross-motion for summary judgment in the consolidated action, arguing she was exempt from liability under Labor Law § 240 (1) as an owner of a single-family dwelling. However, the court denied her motion, finding that the dwelling was part of a commercial enterprise intended for resale, not personal use. The court reasoned that the homeowner's exemption did not apply to commercial developers, emphasizing the statute's intent to place responsibility for worker safety on those best suited to provide such safeguards.

Labor Law § 240 (1)Homeowner ExemptionCommercial EnterpriseSummary JudgmentStatutory InterpretationWorker SafetyConsolidated ActionDeveloper LiabilityThird-Party Action
References
3
Case No. MISSING
Regular Panel Decision
Oct 28, 1998

Iannelli v. Lumelite Plastics Corp.

The Workers' Compensation Board ruled that the claimant should receive tentative payments while the record was further developed. The Workers’ Compensation Law Judge initially found an accident, notice, and causal relationship for a back injury and awarded benefits. The carrier challenged this decision, claiming a denial of due process for not being allowed to take testimony from a chiropractor and raising apportionment issues based on a consultant's report. The Board rejected the due process claim, modified the awards to be tentative, and continued the case for further development. The appellate court affirmed the Board's decision, finding no due process violation or prejudice to the carrier, as the awards were tentative and the carrier had the opportunity to fully develop the record; furthermore, the carrier would be able to recoup any overpayments.

Workers' CompensationBack InjuryDisability ApportionmentDue ProcessTentative Rate PaymentsMedical ControversyRecoupment of OverpaymentsConstitutional RightsWorkers' Compensation LawAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Sanchez v. Barnhart

Antonia Sanchez sought review of a final determination by the Commissioner of Social Security denying her claims for Supplemental Security Income (SSI) benefits. The District Court identified two key issues: the Administrative Law Judge's (ALJ) failure to fully develop the record regarding Sanchez's fibromyalgia diagnosis from the Hospital for Joint Diseases (HJD), and errors made by the vocational expert in identifying available employment opportunities due to inconsistencies with the Dictionary of Occupational Titles. The ALJ had failed to pursue HJD medical records after a subpoena went unanswered, despite Sanchez appearing pro se and with a language barrier, thus violating the heightened duty to develop the record. Additionally, the vocational expert incorrectly categorized certain jobs as light-exertional when the DOT defined them as medium. Consequently, the Court granted Sanchez's motion to remand the case to the Commissioner for further proceedings, denying the Commissioner's cross-motion.

Social Security BenefitsDisability ClaimsALJ Duty to Develop RecordVocational Expert TestimonyFibromyalgia DiagnosisPro Se ClaimantMedical EvidenceRemand for Further ProceedingsSSI Benefits ReviewDictionary of Occupational Titles
References
26
Case No. MISSING
Regular Panel Decision

Anderson v. New York State Urban Development Corp.

This case involves a judicial review of a determination by the New York State Urban Development Corporation (doing business as Empire State Development Corporation) to condemn real property. The petitioners challenged the determination on two grounds: first, that the respondent failed to make a specific finding regarding a feasible method for relocating displaced families as required by the UDC Act § 10(g); and second, that the respondent did not adequately consider the socioeconomic impact of displacement under the State Environmental Quality Review Act (SEQRA). The court found no merit in the petitioners' contentions, concluding that the respondent did make the necessary finding for relocation, which was supported by the final environmental impact statement (FEIS). The court also determined that the respondent properly considered the project's socioeconomic impact on the community as a whole, satisfying SEQRA requirements. Consequently, the court confirmed the respondent's determination, denied the petition, and dismissed the proceeding.

Eminent DomainCondemnationEDPL 207SEQRARelocation PlanPublic UseEnvironmental ReviewUrban DevelopmentJudicial ReviewDisplaced Persons
References
5
Case No. MISSING
Regular Panel Decision

East Thirteenth Street Community Ass'n v. New York State Urban Development Corp.

Petitioners, comprising local condominium boards, tenants, and residents, challenged the New York State Urban Development Corporation's (UDC) determination to acquire a lot for a homeless housing facility. They argued that UDC exceeded its statutory jurisdiction, its findings were defective, the project's funding was illegal, and its use of override powers was improper. The court affirmed UDC's determination, concluding that its actions were within its statutory authority, its findings were well-supported by the record, and the funding and override powers were appropriately exercised. Additionally, the court reviewed and upheld the Housing Finance Agency's (HFA) negative environmental declaration under the State Environmental Quality Review Act (SEQRA). The court also dismissed claims of unconstitutional delegation of legislative authority, referencing established precedents.

CondemnationEminent DomainUrban DevelopmentHomeless HousingSEQRAEnvironmental ReviewStatutory JurisdictionOverride PowersPublic PurposeBlighted Areas
References
12
Case No. ADJ1965889
Regular
Oct 24, 2014

VELDA McQUEEN vs. VICTOR VALLEY COMMUNITY HOSPITAL, THE REGISTRY NETWORK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The California Insurance Guarantee Association (CIGA) sought reconsideration of a WCJ's decision holding CIGA responsible for applicant's 2000 injury benefits. CIGA argued the WCJ failed to fully develop the record, address the "other insurance" issue, and explain her decision. The Appeals Board granted reconsideration, finding CIGA's arguments regarding the "other insurance" issue had merit. Consequently, the WCJ's decision was rescinded, and the case was returned to the trial level for further development of the record and a new decision.

California Insurance Guarantee AssociationCIGAliquidationother insurancePetition for Reconsiderationrescinded decisionreturned to trial levelspecific injurycumulative traumaCompromise and Release
References
2
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