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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

Matter of Perez v. SN Gold Corp.

In 1991, while working for a gold jewelry manufacturer, the claimant was robbed at gunpoint. A 2002 Workers' Compensation Law Judge (WCLJ) decision found a work-related injury of posttraumatic stress disorder (PTSD), which was affirmed by the Workers' Compensation Board. Following a 2015 hearing, a WCLJ determined that the claimant continued to suffer from PTSD with a temporary marked partial disability, awarding weekly compensation. The Board upheld this decision, leading to the employer's appeal. The court affirmed the Board's determination, finding substantial evidence from psychologists Ranita Fooks and Elina Spektor supported a further causally-related disability. The court also rejected the employer's contention that an independent medical examination (IME) report was wrongly deemed inadmissible due to noncompliance with Workers’ Compensation Law § 137 (1) (a), clarifying that partial compliance is not substantial compliance.

Workers' CompensationPTSDWork-related injuryCausally-related disabilityTemporary marked partial disabilityIndependent Medical Examination (IME)Admissibility of evidenceSubstantial compliancePsychological testingRobbery
References
7
Case No. MISSING
Regular Panel Decision

City Council v. Town Board

East-West Realty Corporation, owner of 37 acres in the Town of Colonie, sought to have its property, along with an additional 6 acres, annexed by the City of Watervliet to facilitate a senior citizen assisted-living development. The Town of Colonie denied the petition, citing non-compliance with the State Environmental Quality Review Act (SEQRA) and lack of overall public interest. The City of Watervliet, however, approved the petition and initiated a court proceeding to determine if the annexation was in the public interest, with East-West intervening as a petitioner. The Town of Colonie moved to dismiss the petition, arguing that Watervliet failed to comply with SEQRA prior to approving the annexation. The court found that annexation constitutes an 'action' subject to SEQRA review, even for parcels less than 100 acres, and that such review must occur at the earliest opportunity. Concluding that no SEQRA compliance occurred before the joint hearing, the court granted the Town of Colonie's motion and dismissed the petition.

annexationSEQRAenvironmental reviewzoning restrictionspublic interestmunicipal lawType I actionunlisted actionCPLR 404General Municipal Law
References
14
Case No. ADJ3885172 (SAC 0357351)
Regular
Nov 14, 2016

LINDA O'BRIEN vs. GOLD HARVEST MARKET, STATE FARM INSURANCE

The Workers' Compensation Appeals Board denied Linda O'Brien's petition for reconsideration. O'Brien sought to challenge a prior finding that her former attorney, William J. Carlisle, had "substantially complied" with an order to deliver her workers' compensation file. The Board adopted the administrative law judge's report, which found sufficient evidence, including letters from Carlisle, to support substantial compliance despite O'Brien's claims of non-receipt. The Board also rejected O'Brien's supplemental response.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' compensation administrative law judgeSpecific injurySubstantial complianceSanctionsDeclaration of Readiness to ProceedMinutes of HearingFinding of FactPetitioners Contentions
References
0
Case No. 2018 NY Slip Op 05301 [163 AD3d 805]
Regular Panel Decision
Jul 18, 2018

Matter of 35 Jackson House Apts. Corp. v. Yaworski

The landlord, 35 Jackson House Apartments Corporation, initiated a summary holdover proceeding against shareholder Monika Yaworski due to unauthorized apartment renovations. A settlement stipulated that Yaworski provide details of licensed workers for inspection and compliance. Despite multiple extensions, Yaworski failed to meet these material terms. Consequently, the Civil Court granted the landlord's motion for a warrant of eviction, a decision subsequently affirmed by the Appellate Term. The Appellate Division, Second Department, further affirmed this outcome, concluding that Yaworski's repeated non-compliance constituted a substantial breach, not a de minimis default.

holdover proceedingstipulation of settlementwarrant of evictionunauthorized renovationslandlord-tenant lawcontractual breachappellate reviewdefault judgmentproperty lawjudicial discretion
References
8
Case No. ADJ6552578
Regular
Sep 12, 2016

ARDELL MOORE vs. FASTRIP FOOD STORE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of the decision regarding applicant Ardell Moore's permanent disability. The Board adopted the findings of the workers' compensation administrative law judge, who determined that the Panel Qualified Medical Examiner's (PQME) opinions on apportionment were not substantial medical evidence. The PQME's reports lacked sufficient reasoning and scientific basis to support conclusions regarding the apportionment of permanent disability between industrial and non-industrial causes, particularly concerning the applicant's obesity. Therefore, the Board found the PQME's apportionment opinions to be speculative and not in compliance with legal requirements for substantial evidence.

Permanent disabilityApportionmentCausationMedical opinionSubstantial evidencePanel Qualified Medical Examiner (PQME)Industrial causationNon-industrial causesPhysician's reasoningObesity
References
5
Case No. ADJ9694948
Regular
Feb 01, 2016

ESTHER SANDOVAL vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration of an award finding applicant entitled to right shoulder surgery. The defendant argued that the medical opinions supporting the surgery were not substantial evidence because they didn't cite MTUS/ACOEM guidelines or explain non-compliance. The Board affirmed the original finding, agreeing with the WCJ that citing the MTUS is not strictly required if the medical evidence is otherwise compelling and consistent with the guidelines. While one commissioner concurred, he disagreed with the majority's assertion that MTUS citation is not necessary for compliance with Labor Code section 4604.5.

Workers' Compensation Appeals BoardSan Diego Unified School DistrictYork Risk Services GroupPetition for ReconsiderationFindings Award and OrderIndustrial InjuryFurther Medical TreatmentRight Shoulder SurgeryMedical Treatment Utilization ScheduleACOEM guidelines
References
0
Case No. ADJ6704462
Regular
Sep 26, 2013

GÉRARDO ALVAREZ vs. SC ASSOCIATES, INC., STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for removal challenging an order for supplemental medical reports. The Appeals Board denied removal, holding that the WCJ acted appropriately in allowing QME reports to be supplemented due to potential deficiencies in their adherence to regulations concerning the review of prior medical records and reporting of information considered. The Board found that the alleged non-compliance with specific procedural rules related to report preparation does not automatically render the reports inadmissible, and that further development of the record is permissible when no substantial evidence exists. Furthermore, the defendant failed to demonstrate irreparable harm or substantial prejudice required for the extraordinary remedy of removal.

Petition for RemovalOrder Re Supplemental ReportsDr. Ronald ZlotolowDr. Noel LustigQME reportsLabor Code Section 4628WCAB Rule 10606medical-legal reportinadmissibilityprior medical records
References
4
Case No. ADJ2012962 (SBR 0341278)
Regular
Sep 19, 2025

JOHN ENGLER vs. WALGREENS COMPANY, AMERICAN ZURICH INSURANCE COMPANY

Lien claimants Comprehensive Outpatient Surgery Center (COSC) and California Urgent Care Center (CUC) filed a Petition for Reconsideration against a Workers' Compensation Administrative Law Judge's (WCJ) Findings and Order After Remand. The WCJ's decision addressed injured body parts and limited reimbursement for services. The Workers' Compensation Appeals Board (WCAB) granted the petition, citing ambiguities in the record regarding injured body parts, the industrial injury date, the substantiality of medical evidence, and procedural compliance for an absent lien claimant. The Board deferred a final decision to allow further study of the factual and legal issues, emphasizing the duty to ensure substantial justice.

Petition for ReconsiderationFindings and Order After RemandLien claimantsBody parts injuredThoracic spineLumbar spineReimbursementMedical care denialLabor Code section 5909Panel Qualified Medical Examiner
References
16
Case No. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
Case No. Nos. 56 & 58
Regular Panel Decision
May 21, 2020

Matter of Seawright v. Board of Elections / Matter of Hawatmeh v. State Board of Elections

The New York Court of Appeals addressed two consolidated cases, *Matter of Seawright* and *Matter of Hawatmeh*, to resolve a departmental split regarding the interpretation of Election Law filing deadlines during the COVID-19 pandemic. In *Seawright*, the Appellate Division, First Department, had excused a candidate's belated filing of a cover sheet and certificate of acceptance due to COVID-19 related illness and quarantine, deeming it not a fatal defect. Conversely, in *Hawatmeh*, the Appellate Division, Third Department, found a candidate's late filing of a certificate of acceptance to be a fatal defect despite pandemic circumstances. The Court of Appeals reversed the *Seawright* decision and affirmed the *Hawatmeh* decision, holding that Election Law § 1-106 (2) mandates strict compliance with filing deadlines. The Court concluded that the failure to timely file constitutes a fatal defect that courts cannot excuse, even under unique or extenuating circumstances like the COVID-19 pandemic, emphasizing that it is the legislature's role to fashion exceptions to the law. Dissenting judges argued for a more flexible interpretation based on legislative intent behind pandemic-related laws and prior Election Law reforms, allowing for substantial compliance during the unprecedented health crisis.

Election LawCOVID-19 PandemicFiling DeadlinesFatal DefectStrict ComplianceBallot AccessJudicial DiscretionLegislative IntentAppellate Division ConflictQuarantine Requirements
References
39
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