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

Case No. 1:00-1898, MDL 1358(SAS), M 21-88, 04-Civ-2389, 04-Civ-5424, 04-Civ-3417, 04-Civ-4968
Regular Panel Decision
Oct 10, 2006

In Re Methyl Tertiary Butyl Ether (MTBE) Products

This consolidated multi-district litigation (MDL) concerns groundwater contamination by the gasoline additive MTBE and its degradation product, TBA. Defendants moved for summary judgment in several New York actions and one Orange County Water District action, arguing plaintiffs lacked Article III standing because the contamination levels were below the Maximum Contaminant Level (MCL), thus not constituting an "injury-in-fact." The court analyzed whether the MCL defines the scope of a legally protected interest, distinguishing prior cases involving private well owners or those where remediation expenses were not directly linked to contamination. The court concluded that MCLs are regulatory standards for water providers, not a strict definition of what constitutes an injury for tort liability. It determined that contamination below the MCL can still cause a cognizable injury due to monitoring, testing, treatment costs, and issues like taste and odor. The court denied defendants' motions for summary judgment, finding that factual disputes remain regarding the extent of plaintiffs' alleged injuries from low-level MTBE contamination, making a summary judgment ruling premature.

Groundwater ContaminationMTBE LitigationTertiary Butyl Alcohol (TBA)Product LiabilityMulti-District Litigation (MDL)Article III StandingSummary JudgmentMaximum Contaminant Level (MCL)Environmental LawWater Quality Standards
References
60
Case No. 04 CV 4165
Regular Panel Decision

Olsen v. New York Community Bancorp, Inc.

This Memorandum of Decision and Order addresses motions to consolidate eleven related securities fraud class actions and appoint a lead plaintiff and lead counsel. The actions were brought on behalf of investors who purchased New York Community Bancorp, Inc. (NYCB) stock between June 2003 and May 2004, alleging violations of federal securities law due to material misrepresentations and omissions related to NYCB's merger with Roslyn Bancorp, Inc. The Court, presided over by District Judge Hurley, granted the motion to consolidate all actions under case number 04 CV 4165. Applying the Private Securities Litigation Reform Act of 1995 (PSLRA) and Rule 23 of the Federal Rules of Civil Procedure, the Court appointed the "NYCB Group," composed of Metzler Investment GmbH and Bernard Drucker, as the lead plaintiff, determining they had the largest financial interest and satisfied all other requirements. Milberg Weiss Bershad & Schulman LLP was approved as lead counsel. The motions from other groups (Lee Group, Dr. Schnapp, Stevens Group, Dalia Group, Stewart Group) for lead plaintiff were denied.

Securities FraudClass ActionLead PlaintiffLead CounselConsolidation of ActionsPSLRAEastern District of New YorkNYCB GroupMetzler InvestmentBernard Drucker
References
16
Case No. ADJ6754663
Regular
Jun 21, 2010

RUBEN CASTILLO vs. J. JOHNSON & COMPANY, INC., STATE COMPENSATION INSURANCE FUND

This case concerns an applicant injured within six months of employment, raising a claim for psychiatric injury. Labor Code Section 3208.3(d) generally bars such claims unless the injury results from a "sudden and extraordinary" employment condition. The Appeals Board, in a majority decision, found the applicant's injury from a backhoe bucket was not extraordinary, thus reversing the WCJ's finding and barring the psychiatric claim. A dissenting opinion argued that being struck by a backhoe bucket is not a regular or routine incident and should qualify as a sudden and extraordinary event.

Labor Code Section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injurysix-month employment rulereconsiderationFindings and OrderWCJReport and Recommendationbackhoe bucketworkplace violence
References
4
Case No. 2003 NY Slip Op 23897
Regular Panel Decision
Nov 18, 2003

Church Mut. Ins. Co. v. Kleingardner

This case involves Church Mutual Insurance Company (Petitioner) and Charles Kleingardner (Respondent) regarding an underinsurance arbitration award following a motor vehicle accident. Kleingardner, injured while working for St. Peter's and Paul's Russian Orthodox Church, sought to confirm an arbitration award and claim interest. Church Mutual argued accord and satisfaction due to Kleingardner accepting payment, but Kleingardner endorsed the check "under protest." The Supreme Court, Oswego County, ruled that the restrictive endorsement negated the defense of accord and satisfaction, citing UCC § 1-207 and Horn Waterproofing Corp. v Bushwick Iron & Steel Co. The court confirmed the arbitrator's March 3, 2003 award for $725,000, along with statutory interest from the award date to the date payment was tendered (May 21, 2003).

Arbitration awardUnderinsuranceMotor vehicle accidentAccord and satisfactionRestrictive endorsementUCC 1-207Interest on awardWorkers' compensation offsetCivil Practice Law and RulesSupreme Court Oswego County
References
13
Case No. MISSING
Regular Panel Decision
May 16, 2003

Claim of Isaacs v. Fleet Financial Services

Claimant appealed a Workers’ Compensation Board decision from May 16, 2003, which deemed her application for review untimely. The claimant's initial workers' compensation claim for a compensable back injury was established in 1999, with an average weekly wage set at $258. After the case was reopened in 2000 for further medical treatment and then closed in 2001, claimant sought an explanation for her average weekly wage calculation in March 2003, over three years after the initial decision became final. Her subsequent formal application for Board review of the 1999 administrative decision was denied as untimely because it was filed more than 30 days after the initial decision, as required by 12 NYCRR 313.3 [c] and Workers’ Compensation Law § 23. The court affirmed the Board’s discretionary decision, finding no abuse of discretion given the significant delay and lack of evidence demonstrating erroneous wage computation.

Workers' CompensationAppealTimeliness of ApplicationAdministrative ReviewAverage Weekly WageBoard DiscretionNew York Labor LawJudicial ReviewProcedural IssuesStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision
Apr 12, 2004

In re the Claim of Shaposhnik

The claimant applied for unemployment insurance benefits and exhausted the regular 26 weeks. Subsequently, the claimant applied for extended benefits under the Temporary Extended Unemployment Compensation Act of 2002 (TEUC Act). The application was denied because it was filed after the December 28, 2003 eligibility deadline. The claimant argued that temporary employment caused the delay. The Administrative Law Judge modified the initial determination, and the Unemployment Insurance Appeal Board affirmed. The court affirmed the decision, stating that the claimant's regular benefits ended on January 11, 2004, and the application for extended benefits was filed after the deadline, making the denial proper.

Unemployment InsuranceExtended BenefitsEligibility DeadlineTemporary EmploymentUnemployment Insurance Appeal BoardTEUC ActFederal FundingBenefit DenialJudicial ReviewAdministrative Law
References
1
Case No. ADJ484574 (ANA 0392117)
Regular
Apr 12, 2010

HECTOR ROMAN vs. D L BONE & SONS, INC., STATE COMPENSATION INSURANCE FUND

Here's a summary of the case in four sentences for a lawyer: The defendant seeks reconsideration of a Workers' Compensation Appeals Board decision that awarded psychiatric injury benefits to an applicant injured within six months of employment. The Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. The core issue is whether the applicant's fall due to a rotted beam, while employed less than six months, constitutes a "sudden and extraordinary employment condition" for psychiatric injury. The Board found the fall, though sudden, was not sufficiently extraordinary given the applicant's role as a painter regularly working at heights, thus likely precluding psychiatric benefits under Labor Code § 3208.3(d).

Workers' Compensation Appeals Boardindustrial injurybilateral wristsneckbackpsychiatric injurypermanent disabilityapportionmentfurther medical treatmentLabor Code section 3208.3(d)
References
6
Case No. 04-MD-1596
Regular Panel Decision

UFCW Local 1776 v. Eli Lilly & Co.

Plaintiffs moved for the declassification of documents produced by Eli Lilly & Company in the ongoing multidistrict litigation concerning the antipsychotic drug Zyprexa. Initially, the motion was deferred while an injunction against the further dissemination of confidential documents was pending. Following the resolution of the injunction proceedings, the court addressed whether the declassification motion could proceed and what standards should apply. Distinguishing the plaintiffs' intent to use the documents substantively in their suit from motions by non-parties, the court decided the motion should proceed. It referred the matter to Special Master Woodin, instructing him to declassify any documents not falling within Federal Rule of Civil Procedure 26(c)(7) and, even for those that do, to declassify them unless the defendant demonstrates an extraordinary reason for continued sealing.

Multidistrict LitigationDiscoveryDeclassification MotionConfidentialityProtective OrderFederal Rules of Civil Procedure 26(c)ZyprexaPharmaceutical LitigationInjunctionSpecial Master
References
19
Case No. ADJ7188804; ADJ7196928
Regular
Feb 16, 2018

LURA SESSIONS vs. THE KROGER COMPANY, SEDGWICK ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board affirmed the original findings and award but amended it to defer the issue of temporary total disability. This decision stems from a dispute over the period of temporary total disability indemnity awarded to the applicant, Lura Sessions, for knee and psyche injuries sustained while employed by The Kroger Company. The case is being returned to the WCJ for further proceedings regarding temporary disability.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Total Disability IndemnityKnee InjuryPsyche InjuryOrder PullerPallet Jack OperatorAgreed Medical EvaluatorPermanent and Stationary Status
References
10
Case No. MISSING
Regular Panel Decision
Jun 06, 2003

Williams v. Doherty

The petitioner's termination as a sanitation worker by the respondent Sanitation Commissioner was confirmed on June 6, 2003. The petition, brought under CPLR article 78 and transferred from the Supreme Court, New York County, was denied and dismissed without costs. The court found substantial evidence to support the determination that the petitioner violated the respondent's rules and regulations. The court also noted that there was no basis to disturb the respondent's credibility findings, citing Matter of Berenhaus v Ward. Given the petitioner's history of discipline over a relatively short employment period, the penalty was deemed not to shock the court's sense of fairness.

Sanitation WorkerTerminationDisciplinary ActionRules and RegulationsCredibility FindingsPenalty ReviewAdministrative LawArticle 78 ProceedingJudicial ReviewSubstantial Evidence
References
1
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