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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. ADJ2767223 (SFO 404890) ADJ3039110 (SFO 435980) ADJ2891334 (OAK 300591)
Regular
Oct 03, 2014

DIEDRE THORNTON CLARK vs. PACIFIC BELL TELEPHONE COMPANY

This case concerns an applicant with multiple cumulative industrial injuries, including gastroesophageal reflux disease and sleep disorder, resulting in a WCJ finding of 100% permanent disability. The Board rescinded this decision, finding that the WCJ failed to address apportionment of permanent disability to prior stipulated awards and a subsequent cumulative injury. The case is remanded for further development of the record to properly apportion permanent disability between the applicant's prior injuries and the 2003 cumulative injury.

Workers' Compensation Appeals BoardPacific Bell Telephone CompanyDeirdre Thornton ClarkJoint Findings And OrdersAdministrative Law JudgeIndustrial InjuryCumulative PeriodGastroesophageal Reflux DiseaseSleep DisorderPermanent Disability
References
11
Case No. 531185
Regular Panel Decision
Jan 07, 2021

Matter of Lewandowski v. Safeway Envtl. Corp.

Zdzislaw Lewandowski, a former World Trade Center cleanup worker, appealed a Workers' Compensation Board decision that disallowed his claim for chronic obstructive pulmonary disease (COPD). Lewandowski sought benefits for various ailments, including depression, breathing problems, gastroesophageal reflux disease (GERD), and rhinitis. The Board had established his claims for GERD and posttraumatic stress disorder (PTSD) but maintained the disallowance for COPD due to insufficient evidence of a causal relationship. The Appellate Division, Third Department, affirmed the Board's decision regarding the disallowance of the COPD claim, finding it supported by substantial evidence. However, the court reversed the Board's denial to revisit Lewandowski's date of disablement and average weekly wage, remitting the matter for consideration of the date most beneficial to the claimant under Workers' Compensation Law § 164, and for further proceedings consistent with its decision.

World Trade Center cleanupChronic Obstructive Pulmonary DiseaseGERDPTSDAgoraphobiaPanic DisorderCausationMedical EvidenceDate of DisablementAverage Weekly Wage
References
19
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. ADJ4148815 (MON 0343933)
Regular
Nov 05, 2012

EMILY GARCIA vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the original decision. They found applicant sustained an industrial injury to her right ankle and a sleep disorder, but not to her knee, hypertension, or gastrointestinal reflux. The claim for psychiatric injury was deferred due to insufficient evidence regarding the six-month employment requirement. The court also found the treating physician's report on the gastrointestinal reflux lacked substantial medical evidence.

WCABEmily GarciaCity of Los Angelesself-insuredFindings and AwardReconsiderationIndustrial InjuryRight AnklePsycheSleep Disturbance
References
10
Case No. MISSING
Regular Panel Decision
Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture
References
3
Case No. 10 Civ. 3314; 10 Civ. 5013
Regular Panel Decision
Dec 22, 2010

Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This consolidated opinion addresses dueling motions to dismiss in two civil actions involving the Alzheimer’s Foundation of Americas, Inc. (the "Foundation") and the Alzheimer’s Disease and Related Disorders Association (the "Association"). The Foundation initiated a lawsuit alleging misrepresentation, trademark dilution, unfair competition, unjust enrichment, conspiracy, conversion, and UCC violations against the Association and Northern Trust. Conversely, the Association filed its own complaint asserting claims of trademark infringement, libel, injurious falsehood, false designation, dilution, fraud, tortious interference, injury to business reputation, unfair competition, unjust enrichment, and conspiracy against the Foundation and several individuals. The court denied motions to dismiss the Lanham Act, dilution, and unfair competition claims for both parties, but granted motions to dismiss the UCC, conversion, libel, unjust enrichment, and fraud claims, including all claims against Northern Trust. Leave to amend the complaints was granted.

Trademark InfringementUnfair CompetitionLanham ActDilutionUnjust EnrichmentConversionFraudCollateral EstoppelMotion to DismissRule 12(b)(6)
References
59
Case No. ADJ165327 (LAO 0874327) ADJ3892641 (LAO 0874626)
Regular
May 28, 2019

AGUSTIN RUIZ vs. THERMO FISHER SCIENTIFIC, AIG, TRAVELERS INSURANCE

This Workers' Compensation Appeals Board (WCAB) decision grants reconsideration and amends a prior ruling regarding Agustin Ruiz's claims against Thermo Fisher Scientific, insured by AIG and Travelers Insurance. The Board affirmed the original decision's finding of injury AOE/COE to the applicant's low back, psyche, and gastroesophageal reflux disease/gastroduodenitis. It established a single combined award of 29% permanent disability, jointly and severally liable for AIG and Travelers, and ordered ongoing medical treatment administered by Travelers.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationAOE/COEPermanent DisabilityApportionmentJoint and Several LiabilityContributionReimbursementTemporary Disability Indemnity
References
0
Case No. 2022 NY Slip Op 01860 [203 AD3d 1424]
Regular Panel Decision
Mar 17, 2022

Matter of Mascali v. Town/Village of Harrison

Charles Mascali, a police officer, filed a workers' compensation claim in 2017 for injuries (chronic pulmonary disease, gastroesophageal reflux disease, dyspnea, shortness of breath) sustained at the World Trade Center site on September 11, 2001. A Workers' Compensation Law Judge initially established the claim, but the Workers' Compensation Board reversed this in June 2020 due to insufficient medical evidence of causation. Mascali applied for reconsideration and/or full Board review, which the Board denied in August 2020. The Appellate Division, Third Department, affirmed the Board's denial, finding it was not arbitrary and capricious, as Mascali's appeal concerned only the denial of reconsideration and not the merits of the initial June 2020 decision.

Workers' CompensationAppellate ReviewReconsideration DenialMedical Causation9/11 InjuriesChronic Pulmonary DiseaseGastroesophageal Reflux DiseasePolice OfficerBoard ReviewAbuse of Discretion
References
9
Case No. MISSING
Regular Panel Decision

Claim of Rodgers v. New York City Fire Department

The claimant, a civil employee of the New York City Fire Department, filed for workers' compensation benefits after developing several medical conditions, including bronchitis, gastroesophageal reflux, and PTSD, attributed to cleaning and repairing fire trucks following the 9/11 World Trade Center attacks. Initially, a workers’ compensation law judge found the claim timely, but the Workers’ Compensation Board reversed, ruling it time-barred under Workers’ Compensation Law § 28. On appeal, the court found the Board's determination of the filing date unsupported by the record, necessitating a remittal for further proceedings to ascertain the actual filing date. The court affirmed the Board's interpretation that the World Trade Center cleanup exception (Workers’ Compensation Law article 8-A) is geographically limited, but remitted for a determination on whether specific work performed by the claimant at the actual World Trade Center site qualified for this exception.

World Trade Center Cleanup9/11 Related IllnessWorkers' Compensation Law § 28Statute of LimitationsTimeliness of ClaimOccupational DiseaseRespiratory DysfunctionGastroesophageal RefluxPosttraumatic Stress DisorderStatutory Interpretation
References
6
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