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

Case No. ADJ8777230
Regular
Jun 29, 2015

TIMETHY BLAKELEY vs. AIR RESOURCES BOARD, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration filed by the defendants, Air Resources Board and State Compensation Insurance Fund, following a Workers' Compensation Appeals Board (WCAB) decision that awarded benefits to Timothy Blakeley. The defendants argued the administrative law judge erred in determining Blakeley's psychiatric injury was not primarily caused by lawful personnel actions and that the causation threshold was misapplied. The WCAB denied the petition, adopting the WCJ's report which found the defendants failed to demonstrate the personnel actions were in good faith and that the applicant's injury was predominantly work-related. The WCAB gave significant weight to the WCJ's credibility determination of the applicant's testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationLabor Code §3208.3(h)substantial causegood faith personnel actionpsychiatric injuryAir Resources BoardSCIFAME Dr. Donald Feldman
References
2
Case No. 79 Civ. 1536, 79 Civ. 1570
Regular Panel Decision

Iberia Air Lines v. National Mediation Board

Iberia Air Lines moved for summary judgment seeking a declaration that it lawfully changed employee terms on February 23, 1979, after negotiations with the IAM deadlocked. The core issue was whether the IAM's request for mediation to the National Mediation Board (NMB) was timely under the Railway Labor Act (RLA) Section 6, which mandates a ten-day window for such requests after conference termination. The NMB's offices were intermittently closed due to a federal holiday and a snowstorm, and the IAM's formal request was received after the ten-day period. The court granted Iberia's motion, ruling that the RLA's plain language allows carriers to implement changes if mediation services are not invoked within the specified ten days, rejecting the government's arguments for an extended status quo or tolling of the period due to unforeseen closures or a mere telephone call.

Railway Labor ActNational Mediation BoardCollective BargainingLabor DisputeSummary JudgmentUnilateral ChangeStatus QuoTimelinessStatutory InterpretationAir Carrier
References
9
Case No. 533488
Regular Panel Decision
Apr 14, 2022

Matter of Blanch v. Delta Air Lines

Claimant Portia Blanch, a flight attendant for Delta Air Lines, sustained a head injury in June 2018. Her claim was initially established for a head injury, but the Workers' Compensation Board denied her request to amend the claim to include consequential postconcussion syndrome with associated headaches and anxiety, finding a lack of causal nexus. The Board also determined that the claimant had voluntarily removed herself from the labor market. On appeal, the Appellate Division, Third Department, affirmed the Board's findings regarding the denial of the amendment and the voluntary removal from the labor market. However, the court modified the decision, holding that the Board erred in rescinding indemnity benefits for the period of July 7, 2018, through July 12, 2020, as the date of lack of labor market attachment should be July 13, 2020, and remitted the matter for further proceedings consistent with this modification.

Head InjuryPost-concussion SyndromeLabor Market AttachmentMedical CausationExpert Witness TestimonyClaimant CredibilityAppellate DivisionIndemnity BenefitsTemporary Total DisabilityConsequential Injury
References
23
Case No. 2020 NY Slip Op 07633 [189 AD3d 1831]
Regular Panel Decision
Dec 17, 2020

Matter of Karwowska v. Air Tech Lab, Inc.

Three claimants appealed Workers' Compensation Board (Board) decisions denying their applications for review of Workers' Compensation Law Judge (WCLJ) findings. The Board denied the applications because the claimants failed to fully complete question number 15 on their RB-89 forms, which required specifying the objection or exception made to the WCLJ's ruling and when it was interposed. The Appellate Division affirmed the Board's decisions, stating that the Board has discretion to deny review when parties represented by counsel fail to comply with its procedural requirements. The court found that the claimants' responses were deficient as they only identified when the objection was made, not the specific objection itself, thus violating 12 NYCRR 300.13 (b) (1), (2) (ii).

Workers' Compensation LawBoard ReviewProcedural ComplianceApplication for ReviewRB-89 formAdministrative ReviewWCLJ DecisionAppellate ProcedureRegulatory ComplianceClaim Denied
References
13
Case No. 533623
Regular Panel Decision
Sep 29, 2022

Matter of Vaughan v. Heritage Air Sys., Inc.

Claimant Georgina M. Vaughan sought workers' compensation death benefits for her deceased spouse, a former sheet metal worker who died from cardiopulmonary arrest due to chronic obstructive pulmonary disease (COPD). An autopsy by Dr. Evgeny Olenko concluded his death was due to COPD following prolonged exposure to construction dusts and noxious gases during his employment with Heritage Air Systems, Inc., an opinion corroborated by the carrier's medical expert, Dr. Carl Friedman. The Workers' Compensation Board granted the claim, establishing a causal relationship between his employment and death. The employer and its carrier appealed, challenging the Board's reliance on the decedent's statements and the sufficiency of medical evidence. The Appellate Division, Third Department, affirmed the Board's decision, finding the decedent's statements properly corroborated and substantial evidence supporting the causal link.

Workers' CompensationDeath BenefitsCausationOccupational ExposureCOPDSheet Metal WorkerCorroborationMedical EvidenceSubstantial EvidenceAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

International Ass'n of MacHinists & Aerospace Workers v. Compagnie Nationale Air France

The International Association of Machinists and Aerospace Workers (IAM) sought a preliminary injunction against Air France to prevent the unilateral cancellation of their collective bargaining agreement from January 3, 1977, and to compel Air France to continue recognizing IAM as the representative for cargo agents. Air France terminated the agreement citing Article XVII(q), which was triggered by a National Mediation Board (NMB) decision concerning United Air Lines freight agents, interpreting it as permitting separate bargaining units for cargo agents. IAM contended that Air France's actions violated the Railway Labor Act (RLA) and that Article XVII(q) itself was illegal and an attempt to bypass RLA procedures. The court declined to exercise jurisdiction, categorizing the dispute as both a 'minor dispute' concerning contract interpretation, falling under the National Railroad Adjustment Board's exclusive jurisdiction, and a 'major dispute' regarding employee representation, which is under the primary jurisdiction of the NMB. Since administrative remedies had not been exhausted, the plaintiff's motion for a preliminary injunction was denied, and the case was dismissed.

Labor LawRailway Labor ActCollective BargainingPreliminary InjunctionJurisdictionMinor DisputeMajor DisputeNational Mediation BoardNational Railroad Adjustment BoardUnion Representation
References
23
Case No. MISSING
Regular Panel Decision

Claim of Friedlander v. New York City Health & Hospitals Corp.

Claimant, an Associate Director of Human Resources at New York City Metropolitan Hospital, had environmental sensitivities. Her employment was conditioned on sealing air vents in her office, which was initially done. When the vents were unsealed due to complaints from other employees, she experienced nosebleeds, attributing them to air conditioning aggravating her condition. Her employment was terminated due to budget cuts. Her workers' compensation claim for an accidental injury due to her reaction to the air conditioning system was denied by the Workers’ Compensation Board. The appellate court affirmed the Board's decision, finding substantial evidence that the claimant did not sustain an accidental injury as there was no unusual environmental condition or extraordinary event, and her reaction to normal air flow was not an accident under the Workers' Compensation Law.

Environmental SensitivitiesAir ConditioningAccidental InjuryWorkers' Compensation BenefitsEmployment TerminationMedical OpinionPhysiological CauseUnusual Environmental ConditionExtraordinary EventCausation
References
5
Case No. 2025 NY Slip Op 01020 [235 AD3d 1124]
Regular Panel Decision
Feb 20, 2025

Matter of Clean Air Action Network of Glens Falls, Inc. v. Town of Moreau Planning Bd.

The case involves an appeal by Clean Air Action Network of Glens Falls, Inc. against the Town of Moreau Planning Board, Raymond Apy, and Saratoga Biochar Solutions, LLC. The appeal challenged a Supreme Court judgment that dismissed a CPLR article 78 proceeding, which sought to annul the Planning Board's negative declaration under the State Environmental Quality Review Act (SEQRA) and its approval of a site plan for a biosolids remediation and fertilizer processing facility. The Appellate Division, Third Department, reversed the lower court's decision, finding that the Planning Board failed to take a 'hard look' at the project's potential adverse impacts, particularly concerning hazardous air pollutant emissions. The court concluded that the Planning Board's unexplained deference to DEC permitting standards without a reasoned elaboration for its negative declaration was arbitrary and capricious, thus granting the petition and remitting the matter for further proceedings.

Environmental ImpactState Environmental Quality Review Act (SEQRA)Planning Board DeterminationHazardous Air PollutantsBiosolids RemediationSite Plan ApprovalNegative Declaration RescissionArbitrary and CapriciousAppellate DivisionJudicial Review
References
18
Case No. MISSING
Regular Panel Decision

Richter v. Buffalo Air Park, Inc.

Henry Richter, a Chief Flight Instructor for Buffalo Air Park, Inc., was killed in a plane crash while giving a licensing examination to a student. His widow filed a claim for death benefits under the Workers’ Compensation Law. The carrier controverted the claim, arguing Richter was not an employee at the time of his death. After reviewing testimony, the Workers’ Compensation Board found an employer-employee relationship, citing Richter's FAA certification as an inducement for students, provided office space, and administrative support. The Board's determination was affirmed on appeal, with the court finding substantial evidence of an employment relationship based on Air Park's control over scheduling, payment methods, provision of equipment, and right to discharge Richter.

employment relationshipflight instructorworkers' compensationfatal accidentcausal relationshipright to controlmethod of paymentequipmentright to dischargerelative nature of work
References
1
Case No. 2020 NY Slip Op 05204 [186 AD3d 1679]
Regular Panel Decision
Sep 30, 2020

Matter of Board of Mgrs. of Half Moon Bay Mar. Condominium v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.

This case concerns a CPLR article 78 proceeding initiated by the Board of Managers of Half Moon Bay Marina Condominium and Maria Elena DiBella against the Board of Directors of Half Moon Bay Homeowners Association, Inc. The dispute arose over the voting rights of Marina directors on the HOA Board, which the HOA Board sought to restrict. The Supreme Court, Westchester County, ruled in favor of the petitioners, compelling the HOA Board to allow unrestricted voting. The Appellate Division affirmed this judgment, determining that the HOA's bylaws regarding voting rights were ambiguous. The court found that extrinsic evidence, including the HOA Board's historical practice, supported the interpretation that all directors had an unrestricted right to vote on all HOA matters.

Bylaws InterpretationVoting RightsCondominium LawHomeowners AssociationCPLR Article 78Contract InterpretationExtrinsic EvidenceBoard of DirectorsAppellate ReviewAmbiguity
References
11
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