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Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)

Regular

Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll

References

Case No. 2020 NY Slip Op 03160 [184 AD3d 925]

Regular Panel Decision

Jun 04, 2020

Matter of Wanamaker v. Staten Is. Zoological Socy.

Diane Wanamaker, a zookeeper, filed a workers' compensation claim after being struck by a bird, resulting in a forehead laceration and postconcussion syndrome. She was classified with a permanent partial disability and a 61% loss of wage-earning capacity. The employer and its workers' compensation carrier challenged a Workers' Compensation Law Judge's finding of no Workers' Compensation Law § 114-a violation. Their application for Board review was denied by the Workers' Compensation Board for failing to comply with 12 NYCRR 300.13 (b), specifically by not stating when their objection was interposed. The Appellate Division affirmed the Board's decision, upholding its authority to deny incomplete applications.

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityApplication for ReviewRegulatory ComplianceAdministrative LawAppellate ReviewBoard AuthorityProcedural DefectZookeeper Injury

References

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JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

Matter of Wanamaker v. Staten Is. Zoological Socy.

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityApplication for ReviewRegulatory ComplianceAdministrative LawAppellate ReviewBoard AuthorityProcedural DefectZookeeper Injury