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

Case No. MISSING
Regular Panel Decision
Mar 15, 2012

RCN Telecom Services of New York, LP v. Frankel

This case involves petitioners challenging a ruling that their backup power equipment is assessable as real property and contesting tax assessments on that equipment. The petitioners argued that the equipment should not be considered real property under Real Property Tax Law § 102 (12) (f) because it falls under an exception for movable machinery or equipment. They also contended that the equipment should be exempt as telecommunications equipment and that assessments were void due to lack of timely notice. The court modified the lower court's decision, declaring that the backup power equipment is assessable as real property and that the assessments are not nullities for lack of notice.

real propertytax assessmentbackup power equipmentpower generating apparatusmovable machinerytelecommunications equipmentRPTLstatutory interpretationsummary judgmentNew York
References
1
Case No. MISSING
Regular Panel Decision

Held v. New York State Workers' Compensation Board

Petitioners, consisting of group self-insured trusts (GSITs), initiated a proceeding to challenge assessments levied by the New York State Workers’ Compensation Board under Workers’ Compensation Law § 50 (5) (former [f]). They argued that the statute was inapplicable to GSITs and that the Board failed to meet statutory prerequisites for the assessments. The Supreme Court annulled the assessments on the grounds that the Board failed to satisfy prerequisites, although it deemed the statute applicable to GSITs. Petitioners appealed the Supreme Court’s finding that the statute was applicable. The appellate court dismissed the appeals, determining that petitioners were not aggrieved by the judgment as they had received the relief sought—the annulment of the assessments. The court also clarified that collateral estoppel would not apply to the interpretation of the statute, which is a pure question of law, and that the discovery issue was academic.

Group Self-Insured TrustsWorkers' Compensation LawStatutory InterpretationAssessmentsAnnulmentAppeal DismissalAggrieved PartyCollateral EstoppelCPLR Article 78Declaratory Judgment
References
12
Case No. MISSING
Regular Panel Decision
Jun 14, 2005

Claim of Horton v. Salt

Claimant appealed a Workers' Compensation Board decision that reduced penalties against the employer and its carrier for late benefit payments. The Workers' Compensation Law Judge initially assessed a penalty of 20% of the late payments plus six $300 assessments. The Board agreed on late payments but reduced the penalty to only one $300 assessment, interpreting Workers’ Compensation Law § 25 (1) (e) as allowing a single $300 assessment per "instance" of application. The Court found the Board's interpretation not irrational but noted its inconsistency with prior Board decisions on similar facts without providing an explanation. Consequently, the Court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationLate Payment PenaltiesStatutory InterpretationAdministrative LawAgency PrecedentArbitrary and CapriciousJudicial ReviewRemandWorkers' Compensation BoardEmployer Obligations
References
6
Case No. MISSING
Regular Panel Decision

Claim of Cedeno v. Pacoa

The Workers' Compensation Board assessed a $500 monetary penalty against claimant's counsel for an unsubstantiated request to change the hearing venue from Queens/Nassau to White Plains, Westchester County. The Workers’ Compensation Law Judge initially assessed $250. The appellate court affirmed the Board's decision, finding ample support for the assessment under Workers’ Compensation Law § 114-a (3) (ii). The court ruled that the Board had authority to increase the penalty and overlooked a procedural defect regarding who filed the appeal, treating it as filed by counsel.

Workers' CompensationVenue ChangeCounsel FeesMonetary PenaltyAppellate ReviewBoard DecisionProcedural MotionUnpreserved ArgumentSubstantial EvidenceJudicial Authority
References
5
Case No. MISSING
Regular Panel Decision

Carlucci v. Omnibus Printing Co.

The claimant, a pressman, developed various respiratory, pulmonary, and cardiac disorders during his employment. A Workers' Compensation Law Judge initially found a permanent partial disability. The Workers' Compensation Board later determined a permanent moderate partial disability and reduced the compensation award, which the claimant appealed. The appellate court reversed the Board's decision, concluding that the Board had incorrectly relied on inapplicable medical guidelines for low back total disability when assessing the claimant's condition. The case was subsequently remitted to the Workers’ Compensation Board for a proper re-assessment of the medical evidence.

Workers' CompensationPermanent Partial DisabilityMedical GuidelinesAppellate ReviewRemittalDisability AssessmentRespiratory DisordersCardiac DisordersPulmonary DisordersNew York Law
References
4
Case No. MISSING
Regular Panel Decision

People ex rel. Workers Colony Corp. v. Mills

The order was affirmed with $20 costs and disbursements, and no opinion was provided. Judges Dore, Cohn, Callahan, and Peek were present. Presiding Judge Martin, P.J., dissented from the decision, voting to reverse the order and reinstate the assessments made by the Board of Taxes and Assessments of the City of New York.

Costs and DisbursementsAppellate ReviewTax AssessmentsDissenting OpinionJudicial Panel DecisionNew York CityAppeals
References
1
Case No. MISSING
Regular Panel Decision

Claim of Maiorano v. Plumbing

Claimant applied for workers' compensation benefits after being injured as a plumber in New York City. Despite residing in Brooklyn, the claimant sought to have hearings in White Plains, Westchester County, for convenience. A Workers’ Compensation Law Judge denied this request, and the Workers’ Compensation Board affirmed, additionally assessing $500 in costs against the claimant’s counsel under Workers’ Compensation Law § 114-a (3) (ii). The appellate court affirmed the Board's decision, stating that the Board Chair has authority over hearing locations and the claimant failed to provide a reasonable basis for the change of venue. The court also upheld the penalty assessment, finding substantial evidence for the Board's determination that the request lacked a reasonable basis.

Workers' Compensation LawVenue ChangeAppellate ReviewProcedural DenialCost AssessmentJudicial AuthorityAdministrative DiscretionClaimant RightsBoard DecisionAffirmation
References
3
Case No. MISSING
Regular Panel Decision
Nov 08, 2012

Claim of Bailey v. Achieve Rehab & Nursing

Claimant, a nursing assistant, was granted workers' compensation benefits for a permanent partial disability. Following an independent medical examination, the employer's workers' compensation carrier repeatedly attempted to reopen the claim, citing counsel's failure to provide updates on claimant's job search. The Workers' Compensation Board denied these requests, emphasizing the lack of sufficient supporting evidence beyond non-response. Consequently, the Board assessed a $1,000 cost against the carrier under Workers’ Compensation Law § 114-a (3) (i) for pursuing proceedings without reasonable grounds after being clearly advised on evidentiary requirements. The appellate court affirmed this decision, finding no abuse of discretion in the Board's assessment of costs.

Workers' CompensationPermanent Partial DisabilityWork SearchReopening ClaimCosts AssessmentAbuse of DiscretionIndependent Medical ExaminationAppellate ReviewBoard DecisionCarrier Responsibility
References
2
Case No. MISSING
Regular Panel Decision

Clark v. New York City Department of Human Resources Administration

Claimant received workers' compensation benefits for work-related injuries and settled a third-party action for $725,000. The employer and carrier consented, expecting satisfaction of their lien and a future credit. Claimant sought reimbursement for legal expenses, but a Workers' Compensation Law Judge (WCLJ) declined an award without a closing statement. The Workers’ Compensation Board upheld this decision and assessed a $500 penalty against claimant’s counsel for pursuing proceedings without reasonable grounds. The appellate court affirmed the Board’s decision, finding substantial evidence supported the counsel fee assessment because the application for Board review was unnecessary given the requirement for a signed closing statement.

Workers' Compensation LawMonetary PenaltyCounsel FeesThird-Party SettlementCarrier's CreditLien SatisfactionLegal Expenses ReimbursementClosing Statement RequirementBoard ReviewAppellate Affirmation
References
6
Case No. MISSING
Regular Panel Decision

In re Exotic Island Enterprises

This case involves appeals by Exotic Island Enterprises and Sliffer Enterprises, Inc., corporations owned by Keith Slifstein, against decisions from the Unemployment Insurance Appeal Board. The Department of Labor had initially determined that exotic dancers performing at their venues, Fantasy Island Gent Club and Pleasure Island II, were employees, leading to assessments for additional unemployment insurance contributions. An Administrative Law Judge and subsequently the Unemployment Insurance Appeal Board affirmed this determination. The court, in turn, affirmed the Board’s decision, finding substantial evidence that the corporations exercised sufficient direction and control over the dancers to establish an employment relationship. Factors included Slifstein's involvement in dancer selection, scheduling, pricing for private dances, retention of a percentage of earnings, and provision of performance infrastructure. The court also noted the corporations' failure to provide remuneration documentation, allowing the Department to assess contributions based on available information.

Unemployment Insurance AppealExotic Dancers Employee StatusEmployer ControlUnemployment Insurance ContributionsAdministrative Law Judge DecisionWorkers Compensation CoverageLabor Law ComplianceAppellate ReviewSubstantial EvidenceBusiness Operations
References
7
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