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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

Swinton v. Fischer

A male inmate (petitioner) faced charges of lewd conduct and interfering with an employee after exposing his genitals to female food service workers. A tier III disciplinary hearing found him guilty, though the charge of interfering with an employee was later dismissed on administrative appeal. The subsequent CPLR article 78 proceeding confirmed the finding of guilt for lewd conduct. The court concluded that substantial evidence, including the misbehavior report and witness testimony, supported the determination, noting that the petitioner's conflicting testimony created a credibility issue for the Hearing Officer to resolve.

inmate misconductlewd conductdisciplinary hearingsubstantial evidencecredibilitycorrectional facilityadministrative appealCPLR article 78judicial reviewprison discipline
References
4
Case No. 2010 NY Slip Op 51549(U)
Regular Panel Decision

Milosevic v. O'Donnell

The motion court properly dismissed the fourth and fifth causes of action against Joost, which alleged negligence and intentional/wanton conduct. These claims failed under the theory of respondeat superior, as there was no evidence the coworker's alleged assault was within the scope of employment or condoned by Joost. Furthermore, the claims based on common-law negligence for sponsoring an event were also dismissed. The court found no allegations that Joost controlled the premises or was aware of the CFO's violent propensities when intoxicated. The decision highlighted that speculation about discovery would not prevent dismissal, and thus, the court did not need to address whether the claims were barred by the Workers' Compensation Law.

NegligenceRespondeat SuperiorAssaultEmployer LiabilityVicarious LiabilityCommon-Law NegligencePremises LiabilityWorkers' Compensation LawAppellate ReviewDismissal
References
4
Case No. MISSING
Regular Panel Decision
Jun 04, 2007

FCI Group, Inc. v. City of New York

This case involves an action brought by a contractor against the City of New York and the Department of Citywide Administrative Services (DCAS) for the balance due on a construction contract. The defendants contended that the plaintiff forfeited its right to further payment due to the attempted bribery of two city employees by the plaintiff's president. The Supreme Court initially denied the defendants' motion for summary judgment, but this Court reversed that decision. It found that the contract's narrow alternative dispute resolution clause was inapplicable to the dispute. Crucially, the Court concluded that the plaintiff was bound by the contract’s forfeiture provision and that its enforcement did not offend public policy, as the unlawful conduct was central to the performance of the contract, thereby barring recovery.

Construction ContractContract ForfeitureBriberyPublic PolicyAlternative Dispute Resolution (ADR)Summary JudgmentUnlawful GratuitiesEthical ConductContract InterpretationNew York City Charter
References
28
Case No. MISSING
Regular Panel Decision

Addei v. State Board for Professional Medical Conduct

A surgeon's medical license was revoked by the State Board for Professional Medical Conduct due to findings of moral unfitness from sexual harassment of co-workers and fraudulent practice on employment applications. The petitioner challenged this determination via a CPLR article 78 proceeding. The court upheld the Committee's jurisdiction and the findings of moral unfitness and fraud, dismissing claims of statutory vagueness. However, the court deemed the penalty of license revocation excessively harsh and "shocking to one’s sense of fairness" given mitigating factors, equivocal findings on the fraud charge, and no impact on patient care. Consequently, the court indicated that the severe penalty should not stand.

Professional MisconductLicense RevocationMoral UnfitnessFraudulent PracticeSexual HarassmentEmployment ApplicationsDue ProcessVague StatuteDisproportionate PenaltyCPLR Article 78
References
10
Case No. MISSING
Regular Panel Decision
Mar 02, 2009

People v. Andrus

Defendant appealed a judgment convicting him of attempted course of sexual conduct against a child. He argued his Miranda rights were violated, but the court found a knowing, voluntary, and intelligent waiver. The court also rejected his claim that a social worker acted as a law enforcement agent without issuing Miranda warnings, noting the interview's timing and continuous custody. Furthermore, police deception regarding a polygraph did not coerce his statement or deny due process. His challenge to his Alford plea was unpreserved, and the sentence was deemed appropriate.

Miranda rightsWaiver of rightsRight to counselPolice interrogationSocial worker interviewLaw enforcement agencyVoluntariness of confessionPolice deceptionPolygraph examinationDue process
References
12
Case No. MISSING
Regular Panel Decision

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
Case No. ADJ7711093
Regular
Nov 10, 2014

Fernando Sosa vs. Source One Staffing, CIGA by its Servicing Facility Patriot Risk Services, For Ullico, in liquidation

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it was unverified. The Board also granted removal on its own motion due to the lien claimant's repeated failure to appear at lien conferences and file proper objections. This conduct, along with filing an invalid petition, suggests potential bad faith and warrants a Commissioner's Conference to determine if sanctions should be imposed. The lien claim was ultimately dismissed by the WCJ for non-appearance.

Workers' Compensation Appeals BoardFernando SosaSource One StaffingCIGAUllicoPetition for ReconsiderationLien ClaimantCalifornia Physician NetworkLLCDenise Mejia
References
2
Case No. ADJ7863229, ADJ7863244
Regular
Dec 03, 2014

ALICIA DE RAMOS vs. 99 CENTS ONLY STORES, BROADSPIRE SERVICES

This case involves a lien claimant, California Physician Network, LLC, whose successive petition for reconsideration was dismissed as untimely, unverified, and improper procedure. The Appeals Board is also initiating a sanctions hearing, pursuant to Labor Code § 5813, against the lien claimant and its representative for allegedly disrespectful and bad faith conduct. The claimant failed to appear at a lien conference, did not properly object to a dismissal notice, and filed procedurally defective petitions. The Board has removed the proceedings to consider imposing sanctions up to $2,500.

Reconsideration petitionSuccessive petitionUnverified petitionLabor Code section 5813SanctionsCommissioner's conferenceRemovalLien claimantDisrespectful remarksBad faith actions
References
6
Case No. MISSING
Regular Panel Decision

Kleehammer v. Monroe County

This case involves an employment sex discrimination and retaliation lawsuit filed by Plaintiff Kleehammer against Monroe County and Sheriff O'Flynn. Kleehammer alleges hostile work environment and retaliation under Title VII, NYSHRL, and 42 U.S.C. § 1983. The hostile environment claim stemmed from a single incident involving a female visitor and a male inmate, and subsequent lewd comments by co-workers. Kleehammer also claimed retaliation for complaining about the hostile environment and for alleged denial of "Z time" leave. The Court granted in part and denied in part the defendants' motion for judgment on the pleadings, dismissing the hostile environment and Equal Protection/Fourth Amendment claims due to insufficient pleading and lack of employer liability for co-worker conduct, but allowed the retaliation claims (Third and Fourth causes of action) to proceed. The Court cautioned Plaintiff's counsel regarding Federal Rule of Civil Procedure 11 for good faith pleading.

Employment DiscriminationHostile Work EnvironmentRetaliation ClaimMotion to DismissJudgment on the PleadingsTitle VII Civil Rights ActNew York Human Rights LawSection 1983 ClaimPleading StandardsBell Atlantic Corp. v. Twombly
References
46
Case No. 96-CR-2659; 96-CR-2660
Regular Panel Decision

State v. McFall

This case addresses whether Texas Penal Code Section 32.03, an aggregation provision, can be used to prosecute individuals for fraudulently receiving workers' compensation benefits after the primary statute, Section 32.51, was repealed. John P. McFall was indicted under Section 32.51 for conduct occurring both before and after its repeal. The State argued that Section 32.03 allowed aggregation of incidents as a continuing course of conduct, making the pre-repeal conduct an 'element' that permitted prosecution under the old law. The court held that Section 32.03 is an aggregation provision for determining the grade of an offense, not a standalone offense, and therefore cannot be used to prosecute conduct that ceased to be an offense after the repeal of Section 32.51. Consequently, the trial court's decision to quash the indictments was affirmed, and the State's appeal was overruled.

Workers' Compensation FraudStatutory InterpretationRepealed StatuteAggregation ProvisionIndictmentMotion to QuashTexas Penal CodeContinuing Course of ConductElements of OffenseAppellate Review
References
4
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