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

Case No. 21 NY3d 861
Regular Panel Decision

Town of Islip v. New York State Public Employment Relations Board

The Town of Islip challenged a determination by the New York State Public Employment Relations Board (PERB) that the Town committed an improper practice by unilaterally discontinuing the permanent assignment of town-owned vehicles to certain employees for commuting. PERB had found this practice to be an economic benefit and a mandatory subject of bargaining. The Town argued that the practice was illegal under its local code of ethics and therefore not subject to negotiation. The Court affirmed PERB's finding that the Town engaged in an improper practice, concluding that the past practice of providing 'take-home' vehicles was not illegal under the Town's code. However, the Court modified PERB's remedial order, finding it unreasonable to compel the Town to repurchase vehicles it had sold, and remitted the case for PERB to fashion a more practical remedy.

Public Employment Relations BoardImproper PracticeUnilateral ChangePast PracticeMandatory Subject of BargainingTake-Home VehiclesCommuting BenefitEconomic BenefitCivil Service LawTaylor Law
References
14
Case No. MISSING
Regular Panel Decision

Claim of Young v. New York State Police

Claimant, a State Trooper, was injured in a motor vehicle accident while driving to work in Westchester County. The Workers’ Compensation Board ruled that her injury arose out of and in the course of her employment, given she was on call 24 hours a day and within her assigned geographical area, and awarded benefits. The employer and its insurance carrier appealed this decision. The appellate court reversed the Board's decision, emphasizing that accidents during commuting typically do not arise out of employment unless there is a sufficient causal nexus established by employer control. The court found insufficient evidence of the employer's control over the claimant's activities at the time of the accident to establish this nexus, distinguishing the case from precedents where such control was present. Consequently, the claim for workers' compensation benefits was dismissed.

Commuting AccidentCourse of EmploymentArising Out Of EmploymentEmployer ControlState TrooperMotor Vehicle AccidentWorkers' Compensation BenefitsCausal NexusAppellate ReviewClaim Dismissed
References
8
Case No. MISSING
Regular Panel Decision

In re the Claim of Finchum v. Colaiacomo

The Workers’ Compensation Board issued an amended decision ruling against further development of the record on the employer’s liability under Workers’ Compensation Law § 56, and later denied the employer's request for reconsideration. The claimant was involved in a serious automobile accident while driving for an uninsured employer, leading to complex proceedings where the employer sought to assign liability to a general contractor, Cleanway Industries, Inc., and its insurer, Travelers Insurance Company. The appellate court found that the Board abused its discretion by sua sponte rescinding its prior directive to further develop the record, particularly without a compelling reason or apparent regulatory authorization. The court noted that the issue of liability had been pending for years and there were potential reasonable excuses for the employer's absence at certain hearings. Consequently, the appellate court reversed the Board's decisions and remitted the matter for further proceedings consistent with its ruling.

Workers' Compensation LawBoard DiscretionAbuse of DiscretionRecord DevelopmentWaiver DefenseUninsured EmployerGeneral Contractor LiabilityInsurance CoverageAppellate ReviewRemittal
References
3
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. MISSING
Regular Panel Decision
Aug 04, 1993

Claim of Rainone v. 36th Street Terminal Corp.

This case is an appeal from a Workers’ Compensation Board decision, filed August 4, 1993, which found an employer-employee relationship between the decedent and Universal Maritime Service Corporation, in addition to 36th Street Terminal Corporation. The decedent, a security guard for 36th Street, was killed by a forklift operated by a Universal employee. The Board had ruled that 36th Street was the general employer and Universal was the special employer. The appellate court affirmed the Board’s decision, concluding that there was substantial evidence supporting the employment relationship with Universal, considering factors such as Universal's ownership of 36th Street, 36th Street's exclusive work for Universal, and Universal's provision of work equipment and assignments to 36th Street employees.

employer-employee relationshipspecial employergeneral employerworkers' compensationfatal accidentsecurity guardforklift accidentsubstantial evidence
References
0
Case No. MISSING
Regular Panel Decision

Graziano v. 110 Sand Co.

The case involves an injured truck driver, originally employed by Horan Sand & Gravel, who was assigned to work at 110 Sand Company's site. After sustaining injuries on the job, he accepted workers' compensation benefits from Horan. Subsequently, he and his wife filed a personal injury lawsuit against 110 Sand. 110 Sand moved for summary judgment, arguing the plaintiff was its 'special employee' and thus, the acceptance of workers' compensation benefits from Horan barred the lawsuit against them. The Supreme Court granted this motion, a decision which the appellate court affirmed. The appellate court agreed that the evidence supported the finding of a special employment relationship, and under Workers' Compensation Law, an injured worker who accepts benefits from their general employer is precluded from suing their special employer for the same injuries.

Personal InjuryWorkers' CompensationSpecial EmployeeGeneral EmployerSummary JudgmentAppellate ReviewSuffolk CountyNew York LawEmployer LiabilityDerived Claim
References
10
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Claim of Lashlee v. Pepsi-Cola Newburgh Bottling

The Special Disability Fund appealed a decision by the Workers’ Compensation Board concerning a claimant's average weekly wage calculation. The claimant, injured while employed by Pepsi-Cola, also had concurrent employment with Mid-Hudson Limousine Service, Inc. and Robert H. Auchmoody Funeral Homes, Inc. A Workers’ Compensation Law Judge (WCLJ) included Auchmoody as a concurrent employer, increasing the claimant's average weekly wage. The Fund argued that Auchmoody should not be considered a "covered" employer because there was no proof of workers' compensation insurance. The Workers’ Compensation Board affirmed the WCLJ’s decision. The appellate court affirmed the Board's decision, clarifying that "covered" employment under Workers’ Compensation Law § 14 (6) refers to an employer subject to the Workers’ Compensation Law, irrespective of whether they actually carried an insurance policy, and that the law must be liberally construed in favor of employees.

Workers’ CompensationConcurrent EmploymentAverage Weekly WageCovered EmploymentIndependent ContractorSpecial Disability FundInsurance PolicyLiberal ConstructionAppellate DivisionWCLJ Decision
References
4
Case No. MISSING
Regular Panel Decision

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. New York State Public Employment Relations Board

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
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