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Case Law Database

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

Case No. 2014-773 Q C
Regular Panel Decision
Sep 27, 2016

Laga v. Foremost Signature Ins. Co.

In this action, provider Adelaida M. Laga, as assignee of Jenny Jimenez, sought assigned first-party no-fault benefits from Foremost Signature Insurance Company. The Civil Court initially granted the defendant's motion for summary judgment, thereby dismissing the complaint. On appeal, the plaintiff argued that the defendant failed to legally establish that the fees charged exceeded the workers' compensation fee schedule. The Appellate Term, Second Department, reversed the Civil Court's order and denied the defendant's motion for summary judgment, siding with the plaintiff's argument.

No-fault benefitsSummary judgmentWorkers' compensation fee scheduleAppellate reviewInsurance claimMedical providerAssigneeCivil CourtAppellate TermDenial of benefits
References
1
Case No. MISSING
Regular Panel Decision

Korman v. Sachs

This case concerns an appeal challenging the invalidation of Lorraine Backal's designating petition for Judge of the Surrogate’s Court, Bronx County. The Supreme Court initially ruled her petition invalid, citing fewer than the required 5,000 signatures under Election Law § 6-136 (2) (b). On appeal, while the court upheld the factual finding of insufficient signatures, it deemed the 5,000-signature requirement for Bronx County unconstitutional. The court found this disparity, compared to 2,000 signatures for counties of similar population outside New York City, violated the Equal Protection Clause. Consequently, the judgment invalidating Backal's petition was reversed, and the Board of Elections was directed to place her name on the ballot.

Election LawDesignating PetitionsConstitutional LawEqual ProtectionBallot AccessSignature RequirementsJudicial ElectionsNew York StateAppellate ReviewSurrogate's Court
References
5
Case No. ADJ9921643
Regular
Jul 09, 2019

Katherine Turner vs. CITY OF CULVER CITY

The Workers' Compensation Appeals Board granted reconsideration of a decision that deemed lien claims invalid due to electronic signatures on declarations. The Board found that electronic signatures, specifically the "S signature" format used in electronic filings, are legally sufficient under the Uniform Electronic Transactions Act. Consequently, the prior decision invalidating the liens based on the lack of a "wet" signature was rescinded, and the case was returned for further proceedings. The Board clarified that electronic signatures satisfy the requirements of Labor Code section 4903.8(d) declarations.

Labor Code section 4903.8(d)electronic signaturewet signaturepenalty of perjurylien claimantWorkers' Compensation Appeals BoardOpinion and Order Granting Petition for Reconsiderationfindings of fact and ordersadministrative law judgeUniform Electronic Transactions Act (UETA)
References
14
Case No. MISSING
Regular Panel Decision

Moskowitz v. Board of Elections

The petitioner, an orthodox observer of Jewish Sabbaths and religious holidays, sought an order to compel the Board of Elections of the City of New York to accept signatures for his independent nominating petition after the statutory deadline of September 21, 1966. He argued that religious observances prevented him and his campaign workers from collecting signatures for 8 days, requesting additional time. The court found this argument "specious," noting that 42 days were allotted, and the petitioner only obtained 99 signatures in the remaining 32 days. The petitioner's secondary argument, challenging the constitutionality of requiring 3,000 signatures for independent candidates versus 750 for party candidates, was also rejected, citing prior case law that upheld the distinction. Consequently, the court denied the application and dismissed the petition.

Election LawIndependent CandidateNominating PetitionsSignature RequirementsReligious ObservanceStatutory DeadlinesConstitutional ChallengeJudicial DiscretionCandidate EligibilityBoard of Elections
References
9
Case No. ADJ10711762 ADJ10901794
Regular
Dec 24, 2019

DAVID YEREMYAN vs. COMFORT KEEPERS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that a lien claimant's Labor Code section 4903.8(d) declaration required a "wet signature" for validity. The Board found that an electronically signed declaration, submitted via JET filing, meets legal requirements and is attributable to the signatory. Therefore, the lien claimant's declaration was deemed validly filed on the date of electronic submission, not when the "wet signature" was later provided. The case was remanded to the trial level for further proceedings on the statute of limitations issue.

WCABPetition for ReconsiderationLien ClaimantLabor Code section 4903.8(d)Wet SignatureElectronic SignatureStatute of LimitationsEDEXISJET FilerEAMS
References
4
Case No. ADJ9169097 (MF) ADJ9165067
Regular
Aug 09, 2019

Rosa Reyes vs. Nestle USA, ACE American Insurance

This case involved lien claimants whose liens were disallowed because their Labor Code section 4903.8(d) declarations were signed with electronic "S" signatures rather than wet signatures. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, holding that electronic signatures are valid for these declarations. The WCAB found that existing law and prior panel decisions support the use of electronic signatures, aligning with the Uniform Electronic Transactions Act. The matter was returned to the trial level for further proceedings consistent with this ruling.

Labor Code section 4903.8(d)wet signatureelectronic signaturelien claimantsJoint Findings of Fact and OrderElectronic Adjudication Management SystemJET File Business RulesEAMS Rulespenalty of perjuryUniform Electronic Transactions Act
References
7
Case No. ADJ8930150
Regular
Jan 14, 2019

MARIA JUAN vs. PJ MEDICAL MANAGEMENT, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a lien claimant's Petition for Removal, rescinding the WCJ's order requiring a wet signature on a Labor Code section 4903.8 declaration. The Board found that an electronic signature on the declaration was legally valid and sufficient under California law, despite not meeting EAMS filing requirements for unstructured documents. The Board clarified that a defect in filing procedure does not automatically invalidate the signature itself. Therefore, no correction was necessary as the document was accepted for filing.

WCABPetition for RemovalLien ClaimantLabor Code 4903.8DeclarationWet SignatureElectronic SignatureMedical-Legal ExpensesEAMSJET-filing
References
0
Case No. MISSING
Regular Panel Decision

Board of Directors of Rough Riders Landing Homeowners Ass'n v. Signature Group, LLC

Plaintiffs, an association and condominium boards in Montauk, New York, sued Signature Group, LLC and Selective Insurance Company of America to recover overpaid premiums on a Standard Flood Insurance Policy. The action was originally filed in state court and subsequently removed to federal court by the defendants. Plaintiffs moved to remand the case back to state court, arguing a lack of federal jurisdiction. The District Court, however, denied the motion, finding that federal question jurisdiction exists because the claims for refund of SFIP premiums implicate significant federal issues and federal funds, requiring uniform interpretation of the National Flood Insurance Program's manual.

Flood insuranceNational Flood Insurance ProgramNFIPStandard Flood Insurance PolicySFIPWrite-Your-Own ProgramWYOPFEMAFederal Emergency Management AgencyInsurance premiums
References
11
Case No. MISSING
Regular Panel Decision

Fuchsberg v. Lomenzo

This case concerns cross-appeals from a Supreme Court judgment related to an independent nominating petition for Jacob D. Fuchsberg, a candidate for Chief Judge. The petitioner sought to validate his petition after the Secretary of State initially declared it void due to an insufficient number of valid signatures. The lower court found 20,170 valid signatures, exceeding the 20,000 required, and thus validated the petition. However, the appellate court performed its own physical count, determining only 19,714 valid signatures remained after subtracting invalid ones. The court also upheld the invalidation of signatures from individuals who voted in a primary election, irrespective of their specific vote for a candidate. Consequently, the appellate court reversed the lower court's judgment and dismissed the petition due to the insufficient number of valid signatures.

Election LawNominating PetitionSignaturesVoter DisqualificationPrimary ElectionAppellate ReviewReversalJudicial RecountCandidate EligibilitySecretary of State
References
6
Case No. ADJ17371801; ADJ18218517
Regular
Oct 10, 2025

MARIO PALACIOS vs. PLAN B ADVANTAGE, INC.; STATE COMPENSATION INSURANCE FUND

Applicant Mario Palacios petitioned for removal from a WCJ's order mandating in-person appearances for himself and two witnesses to verify signatures on a Compromise and Release (C&R). He also sought clarification on electronic signatures and challenged a prior C&R disapproval. The Workers' Compensation Appeals Board granted the petition for removal, rescinding the August 4, 2025 order and allowing Palacios to appear remotely to verify his signature. The Board declined to issue an advisory opinion on electronic signatures but referenced relevant codes, and deemed the challenge to the prior C&R disapproval moot due to an amended C&R.

Petition for RemovalCompromise and ReleaseElectronic SignaturesIn-Person HearingRemote AppearanceDue ProcessWCJ OrderRescind OrderGood CauseWitness Testimony
References
6
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