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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

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. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. MISSING
Regular Panel Decision

United Technologies Communications Co. v. International Brotherhood of Electrical Workers, Local Union No. 3

This case involves a damage action brought by United Technologies Communication Company (UTCC), formerly General Dynamics Communications Company (GDCC), against Local 3, International Brotherhood of Electrical Workers (IBEW), under Section 303 of the National Labor Relations Act. UTCC alleged that Local 3 engaged in illegal secondary boycotts and jurisdictional disputes at two New York City sites, One Broadway and Two Broadway, in violation of Section 8(b)(4) of the Act. The court found Local 3 liable, concluding that its members, agents, and executive board supported and ratified unlawful actions, including work stoppages, threats, vandalism, and harassment, aimed at forcing employers to cease business with GDCC and assign work to Local 3 members. While liability was established, the plaintiff's claim for lost sales to potential customers was denied due to insufficient proof of direct causation. The decision concludes the liability phase of the trial, with a second phase to be scheduled for the determination of damages.

Labor Law ViolationSecondary BoycottJurisdictional DisputeNational Labor Relations ActTaft-Hartley ActUnion LiabilityAgency PrinciplesCollateral EstoppelDamage ActionNon-Jury Trial
References
45
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. MISSING
Regular Panel Decision

Loblaw, Inc. v. Employers' Liability Assurance Corp.

Loblaw, Inc., a self-insured retail chain, sued its excess insurer, Employers’ Liability Assurance Corporation, for reimbursement under a workers’ compensation policy. The dispute centered on whether Loblaw timely notified Employers’ of an employee's escalating injury claim. Loblaw initially believed the claim would not exceed its $25,000 self-retention, delaying notice until June 1972, despite warnings from its agent and mounting costs. The Supreme Court, Erie County, initially sided with Loblaw, but the Appellate Division reversed, ruling Loblaw had an ongoing obligation to notify the insurer and was derelict by May 1969. This court affirmed the Appellate Division's dismissal of Loblaw's complaint, holding that the notice given in June 1972 was too late as a matter of law, given the claim had exceeded $21,000 by December 1970.

Insurance policy interpretationWorkers' compensationExcess insuranceNotice provisionSelf-insurerTimely noticeAppellate reviewContract constructionObjective standardSubjective judgment
References
22
Case No. MISSING
Regular Panel Decision

Claim of Fuentes v. New York City Housing Authority

This case concerns an appeal by the Special Fund for Reopened Cases from a Workers’ Compensation Board decision dated November 15, 2006. The Board had transferred liability for a claimant's 1998 work-related back injury to the Special Fund, pursuant to Workers’ Compensation Law § 25-a. The Special Fund argued that certain payments made to the claimant in late 2005, between November 30 and December 17, were advance payments of compensation, which would preclude the transfer of liability. However, the Board found that these payments were charged to the claimant's accumulated sick leave and did not constitute advance payments of compensation. The court affirmed the Board's finding, concluding that the sick leave payments did not prevent the transfer of liability to the Special Fund because they were not made voluntarily in recognition of employer liability, and thus, the criteria for transferring liability to the Special Fund were met.

Special Fund for Reopened CasesWorkers' Compensation Law Section 25-aAdvance Payments of CompensationSick Leave PlanLiability TransferStale ClaimApplication to Reopen ClaimWork-Related InjuryBack InjuryTreating Physician Report
References
7
Case No. MISSING
Regular Panel Decision

United States Liability Ins. v. Mountain Valley Indemnity Co.

This diversity action involves an insurance dispute between plaintiffs United States Liability Insurance Co. (U.S. Liability) and Mobile Air Transport, Inc., and defendant Mountain Valley Indemnity Co. The conflict arose from a fatal truck accident involving a Mobile Air employee driving a truck leased from Leroy Holding Company, Inc. After an underlying personal injury action settled, U.S. Liability and Mountain Valley each paid $225,000 towards the remaining $450,000 portion of the settlement. The core disagreement is whether the Truck Lease Agreement, which designates Mobile Air's insurance as primary, or the specific 'other insurance' clauses within U.S. Liability's and Mountain Valley's respective policies, which would make Mountain Valley's coverage primary, should govern. Applying New York law, the court ruled that the insurance policy provisions take precedence over the lease agreement. Consequently, U.S. Liability's motion for summary judgment was granted, and Mountain Valley's cross-motion was denied, holding Mountain Valley liable for the entire $450,000 in dispute.

Insurance DisputePrimary vs Excess CoverageTruck Lease AgreementInsurance Policy InterpretationSummary JudgmentNew York LawDiversity JurisdictionIndemnificationSubrogationAutomobile Accident
References
5
Case No. MISSING
Regular Panel Decision

Hull-Hazard, Inc. v. Roberts

Justice Levine dissents from the majority's decision, which annulled the respondent's determination that held Hull Corporation jointly liable with Hull-Hazard, Inc., for violations of Labor Law § 220. Levine argues for a liberal construction of Labor Law § 220, citing its remedial and protective purposes for workers' rights. He emphasizes the extensively interlocking relationship between Hull Corporation and Hull-Hazard, Inc., highlighting shared ownership, officers, managerial staff, and employee benefit plans. According to Levine, Hull Corporation, as a successor employer, should not be permitted to evade liability given its clear knowledge and use of Hull-Hazard's resources, drawing parallels to federal labor law on successor liability. He concludes that the imposition of joint liability was rational and should have been confirmed. The overall determination was modified by annulling the finding of a willful violation of Labor Law § 220 (2) and the joint liability of Hull Corporation, and then confirmed as modified.

Joint LiabilitySuccessor EmployerLabor Law ViolationsCorporate InterlockingDissenting OpinionConcurring OpinionRemedial LegislationUnfair Labor PracticesAnnulment of DeterminationWillful Violation
References
5
Case No. MISSING
Regular Panel Decision
Jun 08, 1995

Rigopoulos v. State

Dimitrios Rigopoulos, an independent contractor, sustained injuries while painting a bridge from a floating barge. He and his wife, Victoria Rigopoulos, brought a claim for personal injuries against the State of New York, alleging violations of the Labor Law. The Court of Claims initially awarded damages to the claimants and granted partial summary judgment on liability under Labor Law § 240 (1). On appeal, the judgment was reversed. The appellate court ruled that the accident occurred on navigable waters and constituted traditional maritime activity, thus Federal maritime law applied. Consequently, Labor Law § 240 (1), which imposes strict liability, was preempted. The case was remitted to the Court of Claims for a new determination on liability under Labor Law § 200 (1) and § 241 (6), which do not impose strict liability and are not preempted by Federal maritime law.

Personal InjuryFederal Maritime LawLabor Law PreemptionStrict LiabilityNegligenceAppellate ProcedureSummary JudgmentDamages AwardRemandBridge Maintenance
References
13
Case No. MISSING
Regular Panel Decision

Claim of Porter v. New York State Electric & Gas Corp.

The claimant, who sustained head, neck, and back injuries in 2004, had a workers' compensation case established for occupational disease, with 22.5% liability for neck and back injuries apportioned to the incident. After experiencing continued back problems and being diagnosed with severe biforaminal stenosis, the Chair authorized an MRI in 2010 and lumbar spine surgery in 2011. The workers’ compensation carrier sought to transfer liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a, a request initially denied by a WCLJ but granted by the Board, which found the April 27, 2011 order authorizing surgery constituted a 'true closing' of the case. The Special Fund appealed the Board's decision, arguing against the transfer of liability. The appellate court affirmed the Board's decision, concluding that substantial evidence supported the finding that the case was truly closed, thereby shifting liability to the Special Fund.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesLiability ShiftClosed CaseTrue ClosingMedical AuthorizationLumbar Spine SurgeryCervical Spine MRIOccupational DiseaseApportionment
References
8
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