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

Case No. ADJ16524334
Regular
Apr 10, 2023

TIMOTEO SORIANO vs. MAYROCK INCORPORATED, FALLS LAKE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration in *Soriano v. Mayrock Incorporated* to address a newly reached settlement. The Board rescinded the prior trial level decision and remanded the case for the administrative law judge to consider the settlement. If the settlement is not approved, the original decision may be reinstated, allowing for further reconsideration. This order is not a final determination on the merits of the case.

Petition for ReconsiderationGranting ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Administrative Law JudgeWCJDecision After ReconsiderationFurther ProceedingsOriginal Decision
References
0
Case No. ADJ9722566
Regular
Jun 21, 2019

JAMES PATTON vs. ABSOLUTE SECURITY INCORPORATED, KEIKO ARROYO, CARMEL VALLEY VILLAGE ONE HOMEOWNERS ASSOCIATION, STATE FARM INSURANCE

This case involves James Patton's workers' compensation claim against Absolute Security Incorporated, which was uninsured. The Workers' Compensation Appeals Board granted reconsideration of a prior decision. While affirming the original decision, the Board amended the findings to include injury to the left knee and cervical spine, but excluded the left elbow. The issue of psychiatric injury remains deferred.

Uninsured employerSubstantial shareholder liabilityHomeowners association liabilityPetition for reconsiderationWorkers' Compensation Appeals BoardAdministrative law judge reportAmend decisionAffirm decisionInjured body partsLeft knee injury
References
0
Case No. 2017 NY Slip Op 07027
Regular Panel Decision
Oct 05, 2017

Claim of Levine v. Incorporated Village of Freeport

Claimant, a police officer, was injured when he jumped over a fence while chasing a fleeing suspect, leading to a workers' compensation claim for injuries to his right knee, right ankle, and back. A Workers' Compensation Law Judge (WCLJ) awarded benefits for a 15% schedule loss of use to his right foot and leg. The self-insured employer, Incorporated Village of Freeport, sought review of this decision, but their application was found to be both defective for lacking a required cover sheet and untimely as the defect was cured after the 30-day filing period. Furthermore, the employer failed to provide proof of service. The Workers' Compensation Board denied the employer's application, and the Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion.

Workers' CompensationSchedule Loss of UseApplication for ReviewTimelinessProof of ServiceAppellate PracticeAdministrative LawProcedural DefectsPolice Officer
References
5
Case No. ADJ20165742
Regular
Jul 18, 2025

DEBRA SILVEIRA vs. FEDEX GROUND PACKAGE SYSTEM, INCORPORATED

Applicant Debra Silveira sought reconsideration of an April 29, 2025 Findings of Fact and Order, which deemed a Qualified Medical Evaluator (QME) panel valid despite being requested by defendant FedEx Ground Package System, Incorporated, with an incorrect claim number. The Appeals Board granted the petition, rescinded the prior decision, and substituted new findings. The Board ruled that strict compliance with Administrative Director Rule 30 regarding complete and correct claim numbers for QME panel requests is required to ensure due process and prevent conflicting or overlapping panels. Consequently, the defendant's panel (7773036) was deemed invalid, and the applicant's panel (7775940) was declared valid.

QME panel validityincorrect claim numberAD Rule 30due processadministrative law judgePetition for Reconsiderationremoval standardDWC Medical Unitprocedural defectinadvertent error
References
11
Case No. ADJ7013922
Regular
Jun 29, 2010

MANUEL REYES vs. LF STAFFING SERVICES INCORPORATED, AIG administered by SPECIALTY RISK SERVICES

In this case, the Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision concerning applicant Manuel Reyes' industrial injury. While applicant's contentions regarding temporary disability and penalties were denied, the Board rescinded the entire decision to allow the WCJ to re-evaluate applicant's average weekly earnings. The Board found the current earnings calculation potentially flawed due to applicant's history as an intermittent temporary employee with irregular hours and varied pay rates. Further development of the record on earnings is required before a new, unified decision can be issued.

ADJ7013922LF STAFFING SERVICES INCORPORATEDAIGSPECIALTY RISK SERVICESindustrial injurythoracic spineaverage weekly earningstemporary disability indemnitymodified/alternative workLabor Code section 4650(d)
References
1
Case No. ADJ9658890, ADJ9658880, ADJ9528701
Regular
Feb 11, 2020

Diana Torres vs. Dealers Prep, Inc., Zenith Insurance

This case involves applicant Diana Torres appealing a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration and amended the prior decision from November 27, 2019. The amendment specifically incorporated three additional case numbers (ADJ9658890, ADJ9658880, and ADJ9528701) into the existing decision. Otherwise, the WCAB affirmed the original decision.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ reportDecision After ReconsiderationCase NumbersLong Beach District OfficeDealers Prep Inc.Zenith InsuranceADJ9658890ADJ9658880
References
0
Case No. MISSING
Regular Panel Decision
Feb 01, 2001

Silva v. Incorporated Village of Hempstead Community Development Agency

Jose Silva, an employee of Mar Jea Equipment, Inc., was allegedly injured during construction work on property owned by the Incorporated Village of Hempstead Community Development Agency. Silva sued the Agency for personal injuries. The Agency, in turn, initiated a third-party action against Mar Jea for indemnification. Mar Jea moved to dismiss this third-party complaint, arguing that the Agency's claim for common-law indemnification was barred by Workers’ Compensation Law § 11. Although the Agency contended it had a claim for contractual indemnification, the subcontract between Mar Jea and the general contractor required written consent from the Agency, which was never obtained. Consequently, the Supreme Court granted Mar Jea's motion to dismiss, a decision that was subsequently affirmed on appeal.

Personal InjuryConstruction AccidentThird-Party ActionIndemnificationContractual IndemnificationCommon-Law IndemnificationSubcontractCondition PrecedentWorkers' Compensation LawSummary Judgment
References
2
Case No. ADJ 3758765 (LBO 0335564) ADJ 977794 (LBO 0350733)
Regular
Jun 24, 2009

ROBERT BOUQUET, vs. FARBOTECH COLOR INCORPORATED, et al., INK SYSTEMS, INC., et al.

The Appeals Board granted reconsideration for CIGA (ADJ 3758765) and National Fire Insurance (ADJ 977794) due to errors in the Workers' Compensation Judge's (WCJ) decisions. In ADJ 3758765, the WCJ's decision improperly included Legion Insurance and omitted necessary caption corrections, necessitating a new decision. In ADJ 977794, the WCJ failed to rule on National's credit claim, erroneously calculated applicant's earnings, and required caption adjustments. Both cases are returned to the trial level for further proceedings and revised decisions by the WCJ.

CIGAFremont IndemnityNational Fire Insurance CompanyFarbotech ColorInk Systemspetition for reconsiderationFindings and AwardWCJpermanent disabilitytemporary total disability
References
3
Case No. MISSING
Regular Panel Decision

In re the Incorporation of the Village of Harrison

This proceeding, brought under Village Law section 2-224, challenged the validity of an election held on October 16, 1974, concerning the incorporation of the Village of Harrison within the Town of Harrison. The petitioner alleged five irregularities, including biased transportation, misleading communications from town officials, voter misinformation at polling places, an inconvenient polling location, and improper voter registration. Despite a strong majority (85%) in favor of incorporation, the petitioner sought to invalidate the results. The court determined that the petitioner failed to demonstrate that the alleged irregularities were numerous enough to alter the election's outcome, concluding that the substantial majority for incorporation would not have been reversed. Consequently, the petition was dismissed.

Election ChallengeVillage IncorporationVoter IrregularitiesTown of HarrisonSufficiency of EvidenceMajority VoteCampaign MisconductPolling PlaceVoter RegistrationVillage Law
References
5
Case No. ADJ8828930
Regular
Jun 06, 2013

DENNIS BUTT vs. YOUNGS MARKET COMPANY, CANNON COCHRAN MANAGEMENT SERVICES INCORPORATED

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration of a prior decision. The WCAB rescinded the Administrative Law Judge's (ALJ) decision and returned the case for further proceedings and a new decision by the ALJ. This order is not a final determination on the merits of the applicant's claim.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationRescinded DecisionFurther ProceedingsTrial LevelAdministrative Law JudgePetition for ReconsiderationReport of WCJWorkers' Compensation Judge
References
0
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