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

Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. MISSING
Regular Panel Decision
Feb 06, 2014

Claim of Kettavong v. Livingston County SNF

The Workers’ Compensation Board (WCB) rescinded the transfer of liability from the employer to the Special Fund for Reopened Cases, finding that the claimant's case was not truly closed when the transfer was initially requested. This was due to an unresolved issue of permanent disability, which an independent medical examination report in 2005 had raised. The employer and its workers’ compensation carrier appealed the WCB's decision. The Appellate Division affirmed the WCB's determination, concluding that substantial evidence supported the finding that the case was not closed. The Court also upheld the WCB's authority to rescind prior findings despite the lack of a timely appeal.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesTransfer of LiabilityCase ClosingPermanent Partial DisabilityReduced EarningsIndependent Medical ExaminationMaximum Medical ImprovementSubstantial EvidenceBoard Discretion
References
10
Case No. MISSING
Regular Panel Decision

Hobbs v. Lavine

Petitioner's home relief assistance was discontinued by the New York City Department of Social Services based on a finding that she was fully employed. This determination was affirmed by the respondent after a hearing. The court found that the respondent's determination was not supported by substantial evidence, as the city agency's evidence consisted only of two vague case-record entries. Consequently, the application was granted, and the determination was annulled, with petitioner's assistance directed to be reinstated retroactively.

Home ReliefPublic AssistanceSocial ServicesEmployment StatusSubstantial EvidenceArticle 78 CPLRAdministrative ReviewRetroactive BenefitsDiscontinuation of Benefits
References
2
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. MISSING
Regular Panel Decision
Jan 26, 1982

Hodge v. D'Elia

This case involves a proceeding under CPLR article 78 to review a determination by the State Commissioner of Social Services. The determination affirmed a local agency's decision to reduce the petitioner's public assistance grant. This reduction was for the recoupment of income tax refunds and workers' compensation benefits received by the petitioner. Although the court agreed that the petitioner willfully withheld information, it found that the respondents failed to evaluate if the recoupment rate would cause undue hardship. Consequently, the court annulled the determination and remitted the matter for further proceedings to assess undue hardship.

Public AssistanceRecoupmentIncome Tax RefundsWorkers' Compensation BenefitsUndue HardshipCPLR Article 78Administrative ReviewFair HearingAnnulmentRemittal
References
1
Case No. MISSING
Regular Panel Decision

Wilson v. Selsky

The petitioner, a prison inmate, initiated a CPLR article 78 proceeding to challenge three separate determinations that found him guilty of violating prison disciplinary rules during his participation in a work release program. The first determination involved taking unapproved cash loans from a co-worker, supported by bank records and parole officer testimony, despite the petitioner's denials. The second determination concerned altering his work schedule without parole officer approval, substantiated by time sheets and employer testimony. The third determination accused him of unauthorized driving, which was supported by witness testimony. The court confirmed all determinations and dismissed the petition, finding them supported by substantial evidence and rejecting the petitioner's claims of procedural errors, prejudice, and bias.

prison disciplinary ruleswork release programunapproved loansaltered work scheduleunauthorized drivingsubstantial evidencehearsay evidencecredibilityprocedural errorsdue process
References
2
Case No. MISSING
Regular Panel Decision

Connelly v. Griffin

The court confirmed the disciplinary determination against the petitioner. The determination of guilt was based on the recreation worker's testimony regarding threatening statements made by the petitioner in the gym, which the worker perceived as directed at him due to a prior disagreement. The petitioner's and inmate witnesses' contrary testimony created a credibility issue for the Hearing Officer. Furthermore, the court rejected the petitioner's claim of res judicata, clarifying that a previous disciplinary determination, arising from a guilty plea for abusive statements made to the recreation worker on a different day, was a separate incident and thus had no preclusive effect on the current disciplinary action. The petition was ultimately dismissed.

inmate disciplinedisciplinary hearingthreatening statementscredibility issueres judicatacorrectional facilitiesadministrative determinationappellate reviewevidence
References
6
Case No. ADJ8075542
Regular
Jul 28, 2014

EMAD BARSOUM vs. LABCORP, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and issued a new decision. The Board found no substantial evidence to support the award of temporary disability and deferred this issue for further determination. Additionally, the Board rescinded the finding of entitlement to surgery, clarifying that this recommendation must follow utilization review procedures. The case was taken off calendar pending these determinations, with jurisdiction reserved on all other issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAgreed Medical ExaminerTemporary DisabilitySubstantial EvidenceUtilization ReviewRequest for AuthorizationSurgeryFurther Medical Treatment
References
3
Case No. ADJ422252 (SBR 0302367)
Regular
Apr 12, 2017

ELAINE HACKER vs. COUNTY OF SAN BERNARDINO-PUBLIC HEALTH DEPARTMENT

The Appeals Board granted the defendant's petition for removal, reversing the WCJ's decision that rescinded an Independent Medical Review (IMR) determination. The Appeals Board found that a family practice physician reviewing treatment for chronic pain was not plainly erroneous, nor did it exceed the Administrative Director's powers. Consequently, the July 8, 2016 IMR determination is now considered final and binding. Additionally, the WCJ's proposed monetary sanctions against defense counsel were rescinded due to the lack of a prior ruling on the defense's procedural arguments.

Workers' Compensation Appeals BoardPetition for RemovalFindings and OrderLabor Code 4610.6(h)Independent Medical ReviewAdministrative DirectorUtilization ReviewPlainly Erroneous FindingChronic Pain SpecialistNotice of Intention to Impose Monetary Sanctions
References
4
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
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