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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

Warshawsky v. DiNapoli

Philip Warshawsky, a unified court officer, sought accidental disability retirement benefits from the New York State and Local Employees’ Retirement System due to heart disease. His application was initially denied based on the Retirement System's interpretation that he failed to prove an "accident" under Retirement and Social Security Law § 605-a, despite his claim under the "Heart Bill" provision, § 605-b. Warshawsky argued that § 605-b establishes a presumption of accidental causation for heart conditions in uniformed court officers, rendering proof of a specific accident unnecessary. The court agreed with Warshawsky, finding that the Retirement System's interpretation of § 605-b was an error of law and irrational. The court annulled the denial and remitted the matter to the Retirement System for reconsideration, affording Warshawsky the benefit of the statutory presumption.

Accidental Disability RetirementHeart Bill PresumptionUniformed Court OfficersRetirement and Social Security LawStatutory InterpretationCPLR Article 78 ReviewAdministrative DeterminationArbitrary and CapriciousError of LawRemand
References
14
Case No. ADJ10733376, ADJ10707736
Regular
Mar 12, 2018

MARILYN BAKER vs. MERCURY INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns an applicant's claim for workers' compensation benefits due to a work-related injury to her cardiovascular system and heart. The defendant sought reconsideration of the initial award, arguing the applicant lacked credibility and the medical evidence was insufficient. The Appeals Board granted reconsideration solely to defer the issue of injury to internal organs for ambiguity. The Board affirmed the original finding of industrial injury to the cardiovascular system and heart, giving great weight to the WCJ's credibility determinations.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardInjury AOE-COECasualty AdjusterCardiovascular SystemHeart InjuryMedical EvidenceCredibility DeterminationTranscript
References
1
Case No. MISSING
Regular Panel Decision

Bauer v. Female Academy of the Sacred Heart

This case concerns Keith Bauer, a window cleaner, who was severely injured after falling from a third-story window while working for Environmental Service Systems at the Female Academy of the Sacred Heart. The accident occurred due to a safety hook becoming stuck on a square anchor, which violated Industrial Code standards. The primary legal issues were whether claims under Labor Law § 202 and Labor Law § 240 (1) could coexist, and if Labor Law § 202 imposed strict liability or comparative negligence. The Court of Appeals held that both Labor Law claims can be pursued simultaneously and determined that Labor Law § 202 is a comparative negligence statute, not a strict liability one. The court modified previous rulings by reinstating the plaintiff's Labor Law § 240 (1) claim for further proceedings, while affirming the comparative negligence approach for the Labor Law § 202 claim.

Window Cleaner InjuryLabor LawStrict LiabilityComparative NegligenceSafety AnchorsIndustrial Code ViolationConstruction SafetyThird-Party ActionStatutory InterpretationAppellate Review
References
7
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. MISSING
Regular Panel Decision

Tagare v. NYNEX Network Systems Co.

Plaintiff Neil Tagare filed an action against NYNEX entities and several individuals, alleging discrimination based on color and national origin, retaliation under Title VII and the New York Human Rights Law, and breach of contract. Defendants moved to dismiss the complaint on various grounds, including Rule 17(a) regarding real party in interest and ripeness for the contract claim, and the applicability of Title VII and HRL to individual defendants. The court denied dismissal for breach of contract against NYNEX Network Systems Company and upheld HRL claims against individual defendants based on aiding and abetting. The court granted dismissal of Title VII claims against individual defendants and partially granted dismissal of the breach of contract claim against other defendants, while denying the motion for a more definite statement.

Employment DiscriminationNational Origin DiscriminationColor DiscriminationRetaliationBreach of ContractMotion to DismissTitle VIINew York Human Rights LawFederal Rules of Civil ProcedureIndividual Liability
References
31
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Communications Workers of America District 1

The lawsuit, filed by Cablevision Systems against Communications Workers of America District 1 (CWA) and individual defendants, sought to address alleged harassment, trespass, stalking, disorderly conduct, and tortious interference with business relations. These claims arose from the defendants' purported disruption of two private Cablevision events in May 2013, a shareholder meeting and an investors' conference. The defendants moved to dismiss the complaint. The court granted the motion, ruling that a corporate entity like Cablevision Systems cannot be considered a "person" for the purpose of bringing statutory claims under the Penal Law sections cited (harassment, stalking, disorderly conduct). Furthermore, the court found the claims for common-law trespass and tortious interference insufficient due to the plaintiff's failure to demonstrate that individual union members authorized or ratified the alleged unlawful actions. Consequently, the plaintiff's complaint was dismissed entirely.

Labor DisputeUnion HarassmentCorporate EventsTrespassStalkingDisorderly ConductTortious InterferenceMotion to DismissPrivate Right of ActionPenal Law Interpretation
References
16
Case No. MISSING
Regular Panel Decision

Ganthier v. North Shore-Long Island Jewish Healthy System

Esther Ganthier sued North Shore-Long Island Jewish Health System, Susan Tobin, GreyStone Staffing, Inc., and Karen Westerlind alleging race and national origin discrimination, First Amendment retaliation, and conspiracy. GreyStone and Westerlind moved to dismiss, while Ganthier cross-moved for leave to amend her complaint. The Court granted the motion to dismiss all claims against GreyStone and Westerlind, finding individuals are not liable under Title VII and GreyStone was not named in the EEOC charge. It also dismissed Section 1981, First Amendment retaliation, and conspiracy claims due to pleading deficiencies. Consequently, the Court declined supplemental jurisdiction over state and city human rights laws against the dismissed defendants and denied Ganthier's cross-motion to amend as futile, instructing to amend the caption to reflect only North Shore-Long Island Jewish Health System and Susan Tobin as defendants.

DiscriminationNational Origin DiscriminationRace DiscriminationFirst Amendment RetaliationConspiracyMotion to DismissLeave to AmendTitle VII ClaimsSection 1981 ClaimsFederal Civil Procedure Rules
References
34
Case No. ADJ175688 (SAL 0120711) ADJ1958047 (SAL 0105163)
Regular
Sep 03, 2010

BRANDON HILL vs. CITY OF SALINAS, Permissibly Self-Insured, Adjusted by, JT2 INTEGRATED RESOURCES

The Board granted reconsideration to reverse the WCJ's finding of a new cumulative trauma injury to the applicant's heart/cardiovascular system, finding no substantial medical evidence of worsening condition or new injury. The Board denied the applicant's petition for reconsideration, which sought additional permanent disability for the heart condition. The Board also corrected a clerical error, reducing the permanent disability for the back injury from 32% to 22%. Therefore, the applicant was found to have sustained injury only to his back.

Workers' Compensation Appeals BoardCumulative TraumaBack InjuryHeart/Cardiovascular SystemPermanent DisabilityAgreed Medical Examiner (AME)ReconsiderationFindings of FactAwardPolice Officer
References
0
Case No. ADJ1097551 (FRE 0164588) ADJ1601956 (FRE 0216899)
Regular
Jun 05, 2009

RONNY HENRY vs. CITY OF CLOVIS, legally uninsured, administered by AIMS

This Workers' Compensation Appeals Board decision grants the defendant's petition for reconsideration, partially rescinding a previous award. The Board rescinded temporary total disability benefits for the period after the applicant's Public Employee Retirement System (PERS) disability retirement due to statutory limitations, returning this issue to the trial level for clarification. Additionally, the Board rescinded the finding of injury to the applicant's heart and cardiovascular system, as the medical evidence did not support such a finding despite the presumption of Labor Code section 3212.

Workers Compensation Appeals BoardCity of Clovislegally uninsuredAIMSpolice officerindustrial injuryright legboth feettemporary total disabilitypermanent disability
References
1
Case No. ADJ4129353 (VNO 0559667)
Regular
Jun 09, 2010

DONALD GRIFFIN vs. CITY OF TORRANCE, Permissibly Self-Insured

This case involves a firefighter claiming industrial injury to hypertension, cardiovascular, spine, and gastrointestinal systems. The defendant sought reconsideration, arguing the WCJ erred in denying apportionment for the applicant's hypertensive heart disease and spine injury. The Appeals Board denied reconsideration, agreeing with the WCJ that the orthopedic apportionment by the Agreed Medical Examiner was too speculative. The Board also found the WCJ correctly relied on the internal medicine AME's opinion to conclude the hypertensive heart disease resulted from a single cumulative trauma period.

WCABADJ4129353VNO 0559667firefighterhypertensioncardiovascularspine injurygastrointestinalpermanent disabilityapportionment
References
8
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