Garcia v. DiNapoli
Oct 04, 2018OUTCOME: Favorable result for my client.
A recent case that helps to define and shape what constitutes an act of an inmate. https://law.justia.com/cases/new-york/appellate-division-third-department/2018/526168.html
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Warren Jeffrey Roth's Legal Cases (17)
White Plains, NY
Workers compensation Lawyer at White Plains, NY
Practice Areas: Workers Compensation, Social Security ... +3 more
Matter of Fennelly v. Eastchester Fire District
Sep 20, 2017OUTCOME: My client won and did not have to repay fire district
Fire Distrcit attempted to recoup alleged overpayments to my client for section GML 207a 2 benefits.
Matter of X v. Dinapoli HC 12-0266
Jun 18, 2015OUTCOME: POD Retirement granted at hearing level.
Fire Lieutenant disabled from pulmonary fibrosis/shortness of breath. We were able to prove he was entitled to a reputable presumption and shifted the burden of proof onto the System to disprove hie e ... ntitlement.
Matter of Wilson v. Yonkers Raceway
Mar 26, 2015OUTCOME: Claimant won.
Established that claimant had a work related injury form inhalation of an unusual environmental condition.
Matter of Kenneth Park v. Dinapoli
Dec 31, 2014OUTCOME: Decision annulled and case remanded
Proceeding to annul the determination of the NYS Comptroller that had denied a corrections officer a 3/4 pension under the "heart bill" We were able to show through our written arguments and my cross ... examination of the retirement system's medical witness that they failed to rebut the heart bill presumption.
Matter of Stephen Gallo v. Village of Bronxville
Aug 07, 2014OUTCOME: Favoralbe decision for my client affirmed.
Claimant, a police sergeant, filed a claim for workers' compensation benefits asserting that he suffered a work-related myocardial infarction on the afternoon of December 18, 2008. He testified that ... he had experienced mild symptoms while exercising that morning and that, after ascending a flight of stairs at work, he began experiencing shortness of breath, chest pain and arm numbness. He then sought treatment at a hospital and was found to have suffered a myocardial infarction. The Workers' Compensation Board ultimately ruled, after a mandatory full Board review, that the infarction was precipitated by the stair climbing, and that it constituted an accident arising out of and in the course of claimant's employment. The employer and its workers' compensation carrier appealed The Court affirmed and ruled in favor of my client. A heart injury precipitated by work-related physical strain is compensable, even if “a pre-existing pathology may have been a contributing factor” and the physical exertion was no more severe than that regularly encountered by the claimant -
Matter of Covelli v. Dinapoli
Mar 14, 2013OUTCOME: My client won a 3/4 pension
n September 2007, Lois Covelli (hereinafter decedent), a former correction officer with the Westchester County Department of Corrections, filed an application for performance of duty disability retirem ... ent benefits, claiming that she was permanently disabled as a result of a low back injury sustained in a work-related incident in December 1992. Decedent's application was denied on the basis that her disability was not the natural and proximate result of an injury sustained in service. Following a hearing, the Hearing Officer denied decedent's application on the same basis. Respondent thereafter upheld the Hearing Officer's determination and this CPLR article 78 proceeding ensued. We were able to prove that our client was permanently disabled and the issue became proximate causation. The court found that when a preexisting dormant disease is aggravated by an accident, thereby causing a disability that did not previously exist, the accident is responsible for the ensuing disability
Matter of Sammon v. DiNapoli
Jul 12, 2012OUTCOME: Valid Accident Found
A firefighter stepped off of a fire engine and slipped and was injured as a result of an unknown substance on the roadway. The Appellate Division for the 3rd Department found that this constituted an ... accident as that term is defined in sections 63 and 363 of the Retirement and Social Security Law.
Matter of Walsh v. DiNapoli
Jun 09, 2011OUTCOME: Police Sgt. granted disabilty retirement pension.
Appellate Division found that the job stresses of a Police Officer were presumptive evidence for granting a disability retirement based upon a heart condition.
Robert O'Neill v. Timothy DiNapoli
Apr 14, 2011OUTCOME: Police Officer Granted Accidental Disability Pension.
City of Yonkers Police Officer who fell down some stairs as a result of a defective condition awarded on Appeal and Accidental Disability Retirement Pension. Case done by myself and my Associate Ms. B ... enai Lifshitz.