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

Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. 535717
Regular Panel Decision
Aug 03, 2023

In the Matter of the Claim of Denis Campos

The Appellate Division of the Third Judicial Department affirmed decisions by the Workers' Compensation Board concerning a claim filed by Denis Campos. Claimant Campos, a construction worker, sought benefits after an accident. The Board had ruled that American Zurich Insurance Company was the liable workers' compensation carrier due to an improperly canceled policy, as per Workers' Compensation Law § 54 (5). American Zurich's appeal, including a request for reconsideration and full Board review, was denied because they failed to present crucial evidence to the Workers' Compensation Law Judge despite prior directives. The Appellate Division found no abuse of discretion in the Board's refusal to consider newly submitted evidence on administrative appeal and affirmed the denial of reconsideration.

Workers' CompensationInsurance Carrier LiabilityPolicy CancellationAdministrative ReviewAppellate ProcedureEvidentiary RulesJudicial DiscretionConstruction AccidentLadder FallThird Judicial Department
References
5
Case No. 532194
Regular Panel Decision
Nov 10, 2022

In the Matter of the Claim of Marc Trombino

Claimant Marc Trombino, an iron worker, filed a workers' compensation claim in September 2016 for work-related lung conditions, including silicosis and chronic obstructive pulmonary disease, naming FMB Inc. as his employer. The claim was initially indexed against Phoenix Insurance Co., then corrected to Liberty Insurance Corporation after an investigation. Liberty disputed coverage, but a Workers' Compensation Law Judge (WCLJ) found prima facie evidence and established the claim, finding an occupational disease and permanent total disability. Liberty appealed, belatedly raising a lack of policy coverage for the work location. The Board remitted the matter for a hearing on coverage, during which Ace American Insurance Company was put on notice. The WCLJ and subsequently the Board invoked the doctrine of laches, barring Liberty from denying coverage due to its inexcusable delay in raising the defense and the resultant prejudice to Ace American. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision.

Workers' CompensationOccupational DiseaseSilicosisChronic Obstructive Pulmonary DiseaseLaches DoctrineInsurance Coverage DisputeAppellate ReviewPrima Facie EvidencePermanent Total DisabilityMedical Expert Testimony
References
7
Case No. MISSING
Regular Panel Decision

Commer v. American Federation of State, County & Municipal Employees

Roy Commer, a pro se plaintiff, sued the American Federation of State, County and Municipal Employees (AFSCME) alleging violations of federal labor laws, specifically LMRDA §§ 101(a)(2) and 501, LMRA § 301, and 29 U.S.C. § 158, seeking reinstatement as president of Local 375 and substantial damages. AFSCME moved to dismiss all claims and requested sanctions. The court granted the motion to dismiss, finding that the LMRDA § 501 claim against AFSCME was not cognizable under the statute and that the claim against John/Jane Does lacked jurisdiction. The LMRA § 301 claim was dismissed due to collateral estoppel and failure to allege a specific contract breach. The LMRDA § 101 claim was dismissed administratively due to a pending identical prior action. Lastly, the 29 U.S.C. § 158 claim was found to be preempted by the National Labor Relations Act. The court, however, denied AFSCME's motion for sanctions against Commer, citing his pro se status while issuing a warning against future re-litigation of already dismissed claims.

Federal Labor LawLabor Management Reporting and Disclosure ActLabor Management Relations ActNational Labor Relations ActMotion to Dismiss GrantedSanctions DeniedCollateral EstoppelPreemption DoctrinePro Se LitigationUnion Officer Removal
References
43
Case No. MISSING
Regular Panel Decision

Harris v. American Protective Services of New York, Inc.

Raleigh L. Hams sued American Protective Services of New York, Inc. alleging race, sex, and disability discrimination, retaliation, sexual harassment, and defamation under Title VII and the ADA. The court, presided over by Chief Judge Larimer, granted in part and denied in part APS's motion to dismiss. Harris's claims for race, disability, and sexual harassment were dismissed with prejudice due to failure to exhaust administrative remedies or state a claim. His retaliation and defamation claims were dismissed with leave to replead. APS's motion to dismiss the disparate treatment sex discrimination claim was denied. All of Harris's motions to amend, vacate an arbitrator's decision, and for a preliminary injunction were denied.

Employment DiscriminationTitle VIIADARace DiscriminationSex DiscriminationDisability DiscriminationRetaliationSexual HarassmentDefamationMotion to Dismiss
References
28
Case No. CV-23-0928
Regular Panel Decision
Nov 07, 2024

In the Matter of the Claim of Patricio Herrera

Claimant Patricio Herrera appealed a Workers' Compensation Board decision that disallowed his claim for benefits, alleging he contracted COVID-19 during employment with American Badge, Inc. The Board initially established the claim but found no causally-related lost time, then later found no work-related COVID-19 contraction. The Appellate Division affirmed the Board's decision, emphasizing that a compensable COVID-19 claim requires demonstrating specific exposure or an elevated risk in the work environment. The court found that Herrera failed to provide sufficient evidence, as his symptoms appeared before those of most coworkers, and the employer implemented safety protocols. Therefore, the Board's conclusion was supported by substantial evidence.

COVID-19 claimWorkers' Compensation Board appealCausally-related injuryOccupational exposureInfection at workplaceSubstantial evidence reviewClaim disallowanceAppellate affirmationEmployer safety protocolsMedical deposition testimony
References
8
Case No. MISSING
Regular Panel Decision

Midori Hosokawa v. Screen Actors Guild-American, Federation of Television & Radio

Plaintiff Midori Hosokawa, proceeding pro se, filed a lawsuit against Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and its New York Local. She alleged breaches of SAG-AFTRA's duty of fair representation and its constitution, stemming from the Union's refusal to pursue her "upgrade" claims for compensation as a principal performer in a Verizon Droid commercial. SAG-AFTRA repeatedly informed Hosokawa that her claims were closed and warned her about persistent contact. Hosokawa's prior unfair labor practice charges with the NLRB were dismissed. The District Court granted SAG-AFTRA's motion to dismiss, ruling that the duty of fair representation claims were time-barred by the six-month statute of limitations, and the breach of constitution claims were either time-barred or lacked evidence of an actual breach.

Duty of Fair RepresentationLabor LawMotion to DismissStatute of LimitationsEquitable TollingUnion ConstitutionBreach of ContractPro Se PlaintiffSAG-AFTRAFederal Court
References
29
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. MISSING
Regular Panel Decision
Oct 28, 1997

Lurzer GMBH v. American Showcase, Inc.

Lurzer GMBH sued American Showcase, Inc. and The One Club For Art & Copy, Inc. for various claims, including trademark infringement, false advertising, and breach of contract. American had previously initiated arbitration regarding a breach of contract claim. Defendants moved to stay Lurzer's lawsuit pending arbitration, while Lurzer cross-moved to stay or dismiss the arbitration. The Court denied the defendants' motion to stay except for specific breach of contract, fiduciary duty, and good faith/fair dealing claims, finding the arbitration clause in the 1987 Agreement valid and broadly applicable to contract-related disputes, but not trademark ownership disputes. The Court also denied Lurzer's motion to stay or dismiss American's arbitration claim regarding advertising page limits, confirming the arbitration clause's applicability and the nature of the claim as non-past due moneys.

Arbitration AgreementTrademark DisputeContract InterpretationBreach of Fiduciary DutyCovenant of Good Faith and Fair DealingStay of ProceedingsFraudulent InducementFederal Arbitration ActScope of ArbitrationAdvertising Contract
References
7
Case No. 2023 NY Slip Op 04168 [219 AD3d 1003]
Regular Panel Decision
Aug 03, 2023

Matter of Campos v. Performance Master, Inc.

Claimant Denis Campos, a construction worker, filed for workers' compensation benefits after falling from a ladder. A Workers' Compensation Law Judge (WCLJ) established the claim and put American Zurich Insurance Company on notice regarding a specific workers' compensation policy. American Zurich contested, arguing the policy was canceled or that other policies applied, but failed to provide evidence for the identified policy despite being directed to do so. The WCLJ determined the policy remained in effect, making American Zurich the liable carrier. The Workers' Compensation Board affirmed this decision, declining to consider new evidence submitted by American Zurich on administrative appeal, and subsequently denied their application for reconsideration. The Appellate Division affirmed the Board's decisions, finding no abuse of discretion in refusing new evidence or denying reconsideration.

Workers' Compensation BenefitsInsurance Coverage DisputePolicy CancellationAdministrative ReviewEvidence SubmissionAppellate DivisionWCLJ DecisionBoard AffirmationReconsideration DenialAbuse of Discretion
References
5
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