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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

Claim of Rushnek v. Ford Motor Co.

The Workers' Compensation Board ruled that Ford Motor Company was entirely responsible for a claimant's hearing loss, which began with a 13% pre-employment loss and progressed to 23.2% by retirement. Ford appealed this decision, challenging its liability for the pre-existing portion of the hearing loss, especially considering the timing of the relevant Workers' Compensation Law provisions. The court clarified that the date of disablement, in this instance, was August 1974, thus making Workers' Compensation Law § 49-ee applicable. It determined that while the last employer is generally liable for total hearing loss, an exception exists for pre-existing, occupationally caused hearing loss, allowing for reimbursement. The court reversed the Board's decision and remitted the case, instructing further proceedings to ascertain if the claimant's initial hearing loss was work-related, which would then allow Ford to seek reimbursement from prior employers.

Workers' Compensation LawOccupational hearing lossEmployer liabilityPre-existing conditionReimbursement proceduresDate of disablementAudiometric examinationAppellate reviewStatutory interpretationFord Motor Company
References
4
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

Claim of Bryce v. Shipyard

A claimant for the employer suffered occupational binaural hearing loss over 48 years of employment, initially estimated at 40%. A federal claim under the Longshoremen’s and Harbor Workers’ Compensation Act was rejected on procedural grounds in 1950. After retirement in 1958, a state claim was filed, leading to a Workmen’s Compensation Board finding of 47% hearing loss. The employer and its carrier appealed, arguing prior disability and federal pre-emption. The Appellate Division affirmed the board's decision, applying the "twilight zone" rule and stating that the prior federal claim's procedural rejection did not preclude state jurisdiction.

Occupational Hearing LossWorkers' CompensationLongshoremen's ActJurisdictionTwilight Zone RuleFederal PreemptionSchedule AwardTimelinessNotice RequirementsAppellate Review
References
4
Case No. Misc. No. 254
Significant
Jan 20, 2012

vs. Daniel Escamilla

The Workers' Compensation Appeals Board (WCAB) dismisses a petition for change of venue, denies a request for a stay, but grants a petition for removal. The Board affirms the order relieving the petitioner's counsel, continues the hearing, and sets a new pre-hearing conference schedule to allow the petitioner a final opportunity to obtain new counsel and prepare his case.

Petition for RemovalPetition for Change of VenueWorkers' Compensation Appeals BoardWCJRelief of CounselDue ProcessQuasi-Criminal ProceedingDelegation of AuthorityOffer of ProofSuspension or Removal of Privilege
References
2
Case No. ADJ7096210
Regular
Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board granted removal to address the frivolous nature of the petition, which contained false factual assertions regarding a prior conference. Consequently, the Board intends to impose sanctions of up to $1,500 each against Hearing Representative Lance Garrett and Attorney Carl Feldman for their bad-faith actions. The Board also ordered Attorney Feldman to identify the representative who appeared at the January 26, 2011 conference.

WCABPetition for ReconsiderationPetition for RemovalOrder To Suspend ProceedingCompel Medical ExaminationPanel Qualified Medical Examiner (PQME)Hearing RepresentativeSanctionsFrivolous PetitionBad Faith Actions
References
1
Case No. MISSING
Regular Panel Decision

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
Case No. MISSING
Regular Panel Decision

Wheeler v. Parker

Plaintiff James Wheeler filed an action against Sandy Parker, Bruce Potter, and Berkshire Union Free School District, alleging denial of due process under the Fourteenth Amendment following his termination as an Intervention Worker without a pre-termination hearing. Wheeler, initially hired in 1989, was suspended and terminated in May 2005. The core legal question addressed whether Wheeler's employment constituted a 'property' interest as defined by New York Civil Service Law. The defendants' argument against a pre-termination hearing was found to be unsubstantiated by relevant state law or county commission rules. The court, citing *Ficken v. Vocational Educ. & Extension Bd*, determined that without proper jurisdictional and position classifications by the Columbia County Civil Service Commission, Wheeler's due process rights were violated. Consequently, the court granted summary judgment in favor of the plaintiff, ordering his reinstatement with back pay and enjoining the District from future terminations without a pre-termination hearing, while dismissing his First Amendment retaliation claims.

Due ProcessFourteenth Amendment42 USC 1988Summary JudgmentPublic EmploymentCivil Service LawNew YorkTerminationPre-termination HearingProperty Interest
References
12
Case No. ADJ7397148
Regular
Oct 15, 2013

JAVIER RODRIGUEZ vs. EMPLOYERS DEPOT, INC.

The Workers' Compensation Appeals Board denied Javier Rodriguez's Petition for Reconsideration. Rodriguez alleged inadequate notice of a lien conference, claiming the hearing was improperly converted from a status conference. The Board adopted the WCJ's report, which found the hearing was automatically deemed a lien conference by regulation, requiring payment of a lien activation fee. The underlying case was previously resolved by a Compromise and Release.

Petition for ReconsiderationOrder DenyingCompromise and ReleaseLien ConferenceStatus ConferenceLien Activation FeeLabor Code §4903.06Cal. Code. Regs. §10770.1Declaration of ReadinessVenue
References
1
Case No. ADJ16491268; ADJ15884384; ADJ16161110; ADJ16161057; ADJ16161093; ADJ15760386; ADJ18891808; ADJ19153721; ADJ16116250
Significant

Steve Hoddinott, et al. vs. Bravo Security Services, Inc.; National Liability Fire Ins. Co., administered by Biberk Business Insurance, et al.

The Appeals Board issued a notice to set a status conference to assist the parties in further discussing their stipulations with a designated hearing officer.

En BancRemovalStipulationSupplemental BriefingStatus ConferenceHearing OfficerDeputy CommissionerAppeals BoardAdjudication NumbersBravo Security Services
References
0
Case No. MISSING
Regular Panel Decision
Mar 13, 2009

Nnebe v. Daus

This case involves a putative class action brought by taxi drivers and the New York Taxi Workers Alliance against officials of the New York City Taxi and Limousine Commission (TLC) and the City of New York. Plaintiffs challenged the TLC's policy of summarily suspending taxi drivers' licenses upon arrest without a pre-deprivation hearing, arguing violations of procedural and substantive due process, and Fifth Amendment rights. The court dismissed claims against the TLC due to its non-suable status and found the NYTWA lacked standing. Ultimately, the court granted defendants' motion for summary judgment on all federal claims, determining that neither a pre-deprivation hearing nor a more extensive post-deprivation hearing was constitutionally required given the governmental interest in public safety. The court also rejected substantive due process and fair notice challenges, and dismissed the Fifth Amendment claim. Consequently, the court declined to exercise supplemental jurisdiction over the remaining state law claims, closing the case.

Taxi LicensureSummary SuspensionDue ProcessFourteenth AmendmentFifth AmendmentClass ActionStandingGovernmental ImmunityAdministrative LawPublic Safety
References
54
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