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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

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. ADJ3502038 (VNO 0531200) ADJ3850322 (VNO 0531201)
Regular
Oct 21, 2010

MARIA DE LA LUZ PADILLA vs. SUNRISE SENIOR LIVING, INC., HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration of a Stipulations and Award (S&A) regarding applicant's neck, shoulder, and chest injuries. The defendant claimed mutual mistake and delays by applicant's attorney as grounds to set aside the S&A. However, the WCAB found these allegations insufficient to overturn the executed contract. The matter is returned to the trial level for further proceedings on the defendant's separate petition to set aside the S&A, due to apparent procedural irregularities.

Stipulations and AwardPetition for ReconsiderationPetition to Set AsideMutual Mistake of FactGood CauseDelay in ApprovalService of DocumentEthical BreachesTrial Level ProceedingsWorkers' Compensation Judge
References
2
Case No. ADJ9194220 (MF) ADJ9194223
Regular
Feb 11, 2016

ALBERT BERNAL vs. ALLFAST FASTENING SYSTEMS, INC.

This case concerns an applicant's petition for removal from an order setting two workers' compensation cases for trial. The applicant argued the trial was improperly set due to timely objections, ongoing treatment, and defective readiness declarations, asserting prejudice. The WCJ's report recommended granting removal, acknowledging a need to review medical reports before setting trial. The Appeals Board granted removal, cancelled the trial, and ordered a new mandatory settlement conference to allow the judge to consider all evidence and arguments before deciding on a trial date.

Petition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedPermanent and StationaryPsychiatric InjuryOrthopedic InjuriesPrimary Treating PhysicianWorkers' Compensation Appeals BoardAdministrative Law JudgeTrial Exhibits
References
0
Case No. ADJ7981277
Regular
Mar 16, 2018

CYNTHIA HERRERA vs. INTERNATIONAL INSTITUTE OF LOS ANGELES, CYPRESS INSURANCE COMPANY

The lien claimant, Beverly Hills Radiology, sought removal of a trial setting order, alleging denial of due process. The Board granted removal, finding the trial setting order improperly excluded the lien claimant from participating in crucial pre-trial proceedings. This exclusion, based on perceived deficiencies in Notices of Representation, violated the lien claimant's right to a fair hearing. Consequently, the trial setting order was rescinded, and the matter was returned to the judge for further proceedings.

WCABremovallien claimantdue processnotice of representationtrial setting orderlien conferenceWCJCompromise and ReleaseAssignment
References
15
Case No. ADJ6762572
Regular
Jun 13, 2011

Gloria O'Donnel vs. LG ENTERPRISES, INC.

The applicant, Gloria O'Donnel, sought reconsideration or removal of an order setting her case for trial, arguing that a trial on the defendant's dismissal petition was unnecessary due to her fraud conviction only impacting temporary disability benefits, which she was not claiming. The Appeals Board dismissed the petition for reconsideration because the order setting the trial was not a final order. Furthermore, the Board denied the petition for removal, finding no showing of prejudice or irreparable harm to the applicant. The matter was therefore set for trial on the defendant's petition to dismiss the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWorkers' Compensation FraudTemporary Total Disability IndemnityFinal OrderAdministrative Law JudgeSubstantive RightsIrreparable InjuryExtraordinary Remedy
References
2
Case No. MISSING
Regular Panel Decision

People v. Teitelbaum

This case addresses defendants', who are police officers, motion to set aside a verdict of guilty for bribe receiving and official misconduct. The motion was based on alleged improper conduct by Juror No. 3, Lillian Feeley, who did not disclose her volunteer affiliation with the Queens County District Attorney's office during jury selection. A post-trial hearing revealed that Feeley was a volunteer court watcher for a public relations program, had no contact with legal staff, and exhibited no pro-prosecutorial bias. The court found that Feeley did not intentionally withhold information and that her association was too remote to the prosecution by a special State prosecutor to constitute bias. Consequently, the court denied the motion for a new trial, determining that any irregularity was harmless and did not impact the verdict.

Juror MisconductVoir DireFair TrialImpartial JuryVerdict NullificationCPL 330.30District Attorney AffiliationCourt Watcher ProgramActual BiasPrejudice
References
35
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
0
Case No. MISSING
Regular Panel Decision

Benjamin v. Traffic Executive Ass'n-Eastern

Plaintiffs, employees of the Eastern Weighing and Inspection Bureau (EWIB), sought protective benefits under the Staggers Act after their employment was terminated due to EWIB ceasing operations. An arbitration board determined that EWIB employees were not 'employees of a rate bureau' and thus not entitled to the benefits. Plaintiffs subsequently filed a complaint in federal court, alleging violations of the Staggers Act, mail fraud, RICO, and common law fraud, and moved for a trial de novo. Defendants moved for summary judgment, arguing the arbitration award should be upheld. The court reviewed the arbitration award under the limited provisions of the Railway Labor Act (RLA), finding no grounds to set it aside. The court granted defendants' motion for summary judgment, denied plaintiffs' motion for a trial de novo, and dismissed the complaint.

Staggers ActArbitration AwardSummary JudgmentRailway Labor ActCollateral EstoppelDue ProcessArticle III CourtsJury TrialRICOAdministrative Procedure Act
References
34
Case No. MISSING
Regular Panel Decision
Jun 03, 1996

Gropper v. St. Luke's Hospital Center

In this personal injury action, the plaintiff, a steamfitter, alleged injuries from a slip and fall at a construction site. The defense claimed the accident was feigned, particularly highlighting inconsistencies in workers' compensation accident reports regarding the date of injury. The trial court initially set aside a jury verdict favoring the defendants and ordered a new trial on liability and damages. However, the Supreme Court, New York County, reversed this decision, finding that references to workers' compensation during summation were permissible as the plaintiff had 'opened the door' to the issue. Consequently, the jury's original verdict in favor of the defendants was reinstated, and the complaint was dismissed.

Personal InjuryWorkers' CompensationJury VerdictAppellate ReviewEvidentiary RulingSummation ArgumentInconsistent StatementsAccident ReportLiabilityDamages
References
2
Case No. ADJ7055920, ADJ7055918
Regular
Jun 22, 2011

SERGIO CORRALES vs. AVIS RENT-A-CAR, AMERICAN CASUALTY COMPANY OF PA, CNA CLAIMPLUS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied his petition for removal. The applicant argued the WCJ erred by setting the case for trial based on a defective declaration of readiness and claimed denial of due process. The WCAB found that an order setting a case for trial is not a final order, thus not subject to reconsideration, and denied removal as the applicant failed to show substantial prejudice or irreparable harm. The WCAB also cautioned applicant's counsel regarding the frivolous nature of challenging a trial setting via reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedDue ProcessSubstantial PrejudiceIrreparable HarmMedical Provider Network (MPN)Permanent and Stationary Status
References
14
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