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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. ADJ450115 (MON 0230555) ADJ1578833 (VNO 0399228)
Regular
Dec 15, 2008

CONSTANCE SHILLINGFORD vs. GREENBERG GLUSKER FIELDS, CAL. COMP, in liquidation by CIGA and ZENITH INSURANCE COMPANY, CAL. COMP, in liquidation by BROADSPIRE INSURANCE COMPANIES for CIGA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB rescinded the judge's decision and returned the case to the trial level for further proceedings and a new decision. This action means the original decision is not final, and the parties can again seek reconsideration after the WCJ issues a new ruling.

Workers Compensation Appeals BoardReconsiderationRescindedReturnedWCJCIGAZenith Insurance CompanyBroadspire Insurance CompaniesLiquidationAdministrative Law Judge
References
0
Case No. MISSING
Regular Panel Decision
Sep 20, 2000

Heras v. P.S. 71 Associates, L. L. C.

In an action to recover damages for personal injuries, the plaintiff, a general laborer, was injured at a building construction site. The plaintiff sued P.S. 71 Associates, L. L. C., the owner and general contractor, and GM Construction & Waterproofing Corp., a subcontractor. P.S. 71 moved for summary judgment, claiming the plaintiff was its employee and thus barred from suing under Workers’ Compensation Law. GM Construction & Waterproofing Corp. also moved for summary judgment, arguing it was not hired until after the accident. The Supreme Court granted P.S. 71's motion and denied GM Construction & Waterproofing Corp.'s motion. On appeal, the order was reversed; P.S. 71's motion for summary judgment was denied, and the complaint against it reinstated, while GM Construction & Waterproofing Corp.'s motion for summary judgment was granted, and the complaint against it dismissed.

Personal InjuryConstruction AccidentSummary JudgmentAppellate ReviewEmployer LiabilitySubcontractor LiabilityWorkers Compensation DefenseRespondeat SuperiorTriable Issue of FactEvidentiary Proof
References
3
Case No. LAO 0762226, LAO 0762227
Regular
Sep 05, 2007

SHIRLEE DYERLY vs. LAWRY'S RESTAURANT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, INTERCARE INSURANCE SERVICES, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a dispute over insurance coverage for an applicant's neck and back injuries sustained across specific and cumulative trauma incidents. The Workers' Compensation Appeals Board (WCAB) is reconsidering an arbitrator's decision that ordered Zurich North America Insurance Company to reimburse the California Insurance Guarantee Association (CIGA) for all benefits paid by the liquidated California Compensation Insurance Company (Cal Comp). The WCAB rescinds the arbitrator's order, ruling that CIGA can only recover the amount Cal Comp would have been entitled to collect had it not been liquidated, not the full amount paid.

CIGACal CompZurichliquidationcontributionreimbursementspecific injurycumulative traumastatute of limitationsjoint findings
References
7
Case No. RDG 0083560 RDG 0072880
Regular
Jul 18, 2007

LOUIS LUOND vs. RON PORTER, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, TIG INSURANCE COMANY

This case concerns an appeal by TIG Insurance Company regarding its liability to reimburse CIGA for workers' compensation benefits paid to an applicant with successive knee injuries. The Appeals Board denied TIG's reconsideration, upholding its prior decision that CIGA is entitled to 100% reimbursement of benefits paid after the insolvency of Cal Comp, because TIG is a solvent insurer providing "other insurance" for the applicant's medical benefits. The Board found that the 50/50 stipulation between TIG and Cal Comp was not binding on CIGA and that Labor Code section 5500.5 was inapplicable to this successive injury claim.

Workers' Compensation Appeals BoardCIGACal CompTIG Insurancereconsiderationreimbursementmedical benefitsinsolvencyliquidationstipulation
References
2
Case No. MISSING
Regular Panel Decision
Nov 17, 2014

Matter of Giansante v. Seneca Cayuga ARC

The claimant sustained a work-related right ankle injury in April 2006, leading to workers' compensation benefits and a 15% schedule loss of use of the right foot. Following surgery in 2012 and a subsequent finding of no compensable lost time, the claimant was classified with a 71% permanent partial disability. The employer's workers’ compensation carrier sought to shift liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The Workers’ Compensation Board affirmed the transfer of liability, making it effective September 4, 2011, a modification from the WCLJ's initial effective date. The Special Fund appealed this decision, arguing that the case was not truly closed. The court affirmed the Board's decision, concluding that the case was truly closed as of the March 2013 WCLJ determination, despite the 'without prejudice' statement, as no further proceedings were contemplated.

Special Fund LiabilityReopened CasesWorkers' Compensation Board DecisionSchedule Loss of UsePermanent Partial DisabilityMaximum Medical ImprovementStatutory InterpretationAdministrative AppealCompensable Lost TimeEffective Date of Liability Shift
References
8
Case No. MISSING
Regular Panel Decision

Coyne Electrical Contractors, Inc. v. United States (In Re Coyne Electrical Contractors, Inc.)

This case addresses whether a New York Lien Law "trust fund" beneficiary’s claim to priority payment under Lien Law Section 71(2)(d) is preempted by ERISA. The applicant, The Joint Industry Board of the Electrical Industry and its Participating Funds (JIB), sought priority payment from funds held by the debtor, asserting a claim for unpaid benefits. The defendant, A-J Contracting, Inc. (A-J), challenged this, arguing ERISA preemption, specifically that the Lien Law provided an "alternative enforcement mechanism" forbidden by ERISA. The court reviewed federal preemption doctrine and ERISA's objectives, ultimately concluding that Section 71(2)(d) does not create such a mechanism as it confirms existing employer liability rather than shifting it. Therefore, the court found that ERISA does not preempt JIB's assertion of priority rights under Lien Law Section 71(2)(d).

ERISA preemptionLien Law trust fundpriority disputeunpaid employee benefitsbankruptcy estatedebtor liabilityconstruction subcontractsfederal supremacystatutory interpretationcollective bargaining agreement
References
29
Case No. MISSING
Regular Panel Decision

Renzi v. Case Manangement Concepts

In this workers' compensation case, the claimant sustained a compensable injury in 1998, with the claim becoming the Special Fund for Reopened Cases' liability in 2006. In 2008, a licensed massage therapist submitted requests for payment for services allegedly prescribed by the claimant's treating physician. The Special Fund objected, arguing massage therapists are not authorized providers under the Workers’ Compensation Law. A Workers' Compensation Law Judge (WCLJ) initially found massage therapy compensable if performed by a licensed therapist under a physician's supervision, holding payments in abeyance pending prescription submission. The Workers' Compensation Board affirmed this in an amended decision. This Court reversed the Board's decision, concluding that there was insufficient evidence to support the Board’s determination that the Special Fund is liable, as the massage therapist was not an authorized provider nor did they fall under any statutory exceptions like being a registered nurse, person trained in diagnostic techniques, physical therapist, or occupational therapist.

Workers' Compensation LawMassage TherapyAuthorized Medical ProvidersSpecial Fund for Reopened CasesCompensability of TreatmentStatutory ExceptionsAppellate ReviewProvider AuthorizationMedical Treatment GuidelinesSupervision of Care
References
4
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
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