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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Carnibucci v. New York State Executive Department Division for Youth

Petitioner, a Youth Division Aide IV, was terminated on August 10, 1991, under Civil Service Law § 71 due to alleged cumulative absences exceeding one year from a work-related back injury. Petitioner challenged the termination in a CPLR article 78 proceeding, asserting a second back injury was unrelated to the first. The Workers’ Compensation Board subsequently ruled on May 27, 1992, that the second injury was indeed unrelated, leading to petitioner's reinstatement on October 18, 1992. The Supreme Court initially awarded back pay only until the Board's determination date. However, the appellate court modified this judgment, directing that back pay should be awarded from the date of wrongful termination, August 10, 1991, until the date of actual reinstatement, October 18, 1992.

Public EmploymentWrongful TerminationBack PayReinstatementCivil Service LawWorkers' CompensationAppellate DivisionArticle 78 ProceedingDisability BenefitsState Employee
References
3
Case No. MISSING
Regular Panel Decision

New York State Correctional Officer & Police Benevolent Ass'n v. New York State Department of Correctional Services

Elsie Pierre, a correction officer, sustained a work-related injury in May 2004, leading to workers’ compensation leave. Respondent Department of Correctional Services initiated termination proceedings, but a medical evaluation by respondent's designated physician on September 15, 2005, found her unfit for duty. Pierre's physician, Sanford Wert, later cleared her for work on June 12, 2006, a finding supported by a Hearing Officer who recommended reinstatement with retroactive pay. Respondent, however, rejected the full retroactive award, granting pay only from October 12, 2007, arguing that Pierre had not properly exhausted administrative remedies for the earlier date and that an independent evaluation was lacking. Petitioners challenged this limited retroactive pay, but the Court confirmed the respondent's determination, dismissing the petition and upholding the October 12, 2007, start date for back pay.

Workers' Compensation LeaveRetroactive Back PayCivil Service LawAdministrative ReviewFitness for DutyMedical Evaluation DisputeCorrection Officer EmploymentCPLR Article 78 ProceedingJudicial DiscretionAppellate Court Decision
References
1
Case No. MISSING
Regular Panel Decision

Hotel, Motel & Restaurant Employees & Bartenders Union, Local 471 v. P. & J.G. Enterprises, Inc.

The Hotel, Motel & Restaurant Employees & Bartenders Union, Local 471, AFL-CIO, petitioned the court to confirm two arbitration awards against P. & J.G. Enterprises, Inc. d/b/a The Albany Thruway House. The dispute arose from the employer's discharge of two employees, Ann Russo and Mary O’Brien, who were members of the Union's collective bargaining unit. The first arbitration award, dated June 15, 1988, found the discharges were not for just cause and ordered reinstatement with back wages. Following the employer's failure to pay back wages despite reinstatement, a second arbitration award, dated September 14, 1989, quantified the back wages for the two employees. The employer contested the confirmation, citing lack of evidentiary support for the arbitrator's decision, alleged partiality of the arbitrator, and financial inability to pay the awards. The court, applying a limited scope of review for arbitration awards, rejected all of the employer's arguments. Ultimately, the court confirmed both arbitration awards and ordered the employer to pay the back wages, along with costs and reasonable attorney's fees to the Union, finding the employer's refusal to comply unjustified.

Arbitration awardLabor Management Relations ActCollective bargaining agreementBack wagesEmployee dischargeJust causeAttorney's feesJudicial reviewArbitrator partialityFinancial inability
References
18
Case No. MISSING
Regular Panel Decision

Local 1 of United Food & Com'l Workers v. Heinrich Motors

This action concerns the enforcement of an arbitration award. Orest Poliszuk, a used car salesman for Heinrich Motors Inc., was discharged after an injury. The Union filed a grievance, leading to an arbitration award by V. Sumner Carroll, who ordered Poliszuk reinstated with back wages from February 16, 1981, to May 6, 1981. The collective bargaining agreement, however, stipulated that no award could be retroactive beyond the grievance filing date, which was March 23, 1981. The District Court found that Arbitrator Carroll exceeded his authority by awarding back pay prior to the grievance date, as this disregarded the express contractual language. Consequently, the court partially vacated the arbitration award concerning back wages prior to March 23, 1981, and confirmed the award in all other respects.

Arbitration Award EnforcementCollective Bargaining AgreementLabor Management Relations ActWrongful DischargeBack Pay DisputeArbitrator AuthorityJudicial Review of ArbitrationContract InterpretationRetroactive PayGrievance Procedure
References
5
Case No. MISSING
Regular Panel Decision

Claim of Guifarro v. Zalman, Reiss & Associates

Claimant, a warehouse employee and delivery person, filed for workers' compensation benefits in March 2004, claiming a back injury from repetitive lifting on June 24, 2002. His physician's C-4 form corroborated the injury date, stating it occurred while lifting a heavy air conditioning unit. The employer and its carrier controverted the claim, asserting it was time-barred by the two-year statute of limitations under Workers' Compensation Law § 28, alleging an earlier injury date. However, the Workers' Compensation Law Judge established a work-related back injury with a June 24, 2002 accident date, which the Workers' Compensation Board subsequently affirmed. This appellate court found substantial evidence in the record to support the Board's decision, emphasizing the consistent reporting by the claimant and his physician, and the carrier's failure to provide concrete evidence for an earlier injury. Consequently, the Board's decision was affirmed.

Accidental InjuryRepetitive LiftingBack PainStatute of LimitationsAppellate ReviewSubstantial EvidenceCredibility DeterminationMedical EvidenceEmployer LiabilityCarrier Dispute
References
4
Case No. 2014-773 Q C
Regular Panel Decision
Sep 27, 2016

Laga v. Foremost Signature Ins. Co.

In this action, provider Adelaida M. Laga, as assignee of Jenny Jimenez, sought assigned first-party no-fault benefits from Foremost Signature Insurance Company. The Civil Court initially granted the defendant's motion for summary judgment, thereby dismissing the complaint. On appeal, the plaintiff argued that the defendant failed to legally establish that the fees charged exceeded the workers' compensation fee schedule. The Appellate Term, Second Department, reversed the Civil Court's order and denied the defendant's motion for summary judgment, siding with the plaintiff's argument.

No-fault benefitsSummary judgmentWorkers' compensation fee scheduleAppellate reviewInsurance claimMedical providerAssigneeCivil CourtAppellate TermDenial of benefits
References
1
Case No. MISSING
Regular Panel Decision

Korman v. Sachs

This case concerns an appeal challenging the invalidation of Lorraine Backal's designating petition for Judge of the Surrogate’s Court, Bronx County. The Supreme Court initially ruled her petition invalid, citing fewer than the required 5,000 signatures under Election Law § 6-136 (2) (b). On appeal, while the court upheld the factual finding of insufficient signatures, it deemed the 5,000-signature requirement for Bronx County unconstitutional. The court found this disparity, compared to 2,000 signatures for counties of similar population outside New York City, violated the Equal Protection Clause. Consequently, the judgment invalidating Backal's petition was reversed, and the Board of Elections was directed to place her name on the ballot.

Election LawDesignating PetitionsConstitutional LawEqual ProtectionBallot AccessSignature RequirementsJudicial ElectionsNew York StateAppellate ReviewSurrogate's Court
References
5
Case No. MISSING
Regular Panel Decision

Board of Directors of Rough Riders Landing Homeowners Ass'n v. Signature Group, LLC

Plaintiffs, an association and condominium boards in Montauk, New York, sued Signature Group, LLC and Selective Insurance Company of America to recover overpaid premiums on a Standard Flood Insurance Policy. The action was originally filed in state court and subsequently removed to federal court by the defendants. Plaintiffs moved to remand the case back to state court, arguing a lack of federal jurisdiction. The District Court, however, denied the motion, finding that federal question jurisdiction exists because the claims for refund of SFIP premiums implicate significant federal issues and federal funds, requiring uniform interpretation of the National Flood Insurance Program's manual.

Flood insuranceNational Flood Insurance ProgramNFIPStandard Flood Insurance PolicySFIPWrite-Your-Own ProgramWYOPFEMAFederal Emergency Management AgencyInsurance premiums
References
11
Case No. MISSING
Regular Panel Decision

Moskowitz v. Board of Elections

The petitioner, an orthodox observer of Jewish Sabbaths and religious holidays, sought an order to compel the Board of Elections of the City of New York to accept signatures for his independent nominating petition after the statutory deadline of September 21, 1966. He argued that religious observances prevented him and his campaign workers from collecting signatures for 8 days, requesting additional time. The court found this argument "specious," noting that 42 days were allotted, and the petitioner only obtained 99 signatures in the remaining 32 days. The petitioner's secondary argument, challenging the constitutionality of requiring 3,000 signatures for independent candidates versus 750 for party candidates, was also rejected, citing prior case law that upheld the distinction. Consequently, the court denied the application and dismissed the petition.

Election LawIndependent CandidateNominating PetitionsSignature RequirementsReligious ObservanceStatutory DeadlinesConstitutional ChallengeJudicial DiscretionCandidate EligibilityBoard of Elections
References
9
Case No. ADJ4191064 (AHM 0091361) ADJ3063740 (AHM 0095797)
Regular
Jan 11, 2010

JOSE BARRIOS vs. McPEEK CHRYSLER PLYMOUTH, INC., GAB ROBINS, BROADSPIRE, California Insurance Guarantee Association (CIGA), Kemper Insurance, Pacific National Company, Cal Indemnity, CalComp Insurance, Pacific Auto Insurance Company

This case involves a workers' compensation claim for cumulative trauma injury to the applicant's neck, back, shoulders, and wrists. The Appeals Board granted reconsideration to amend the date of injury for this cumulative trauma claim. Based on established law regarding the "date of injury" for cumulative trauma, the Board determined that the period of compensable temporary disability commencing in August 2000 constituted sufficient knowledge and disability to establish the injury date. Consequently, liability for the claim, which involved multiple insurers now adjusted by CIGA, was assigned accordingly with a revised injury end date of August 3, 2000.

CIGAKemper InsurancePacific National Companyliquidationcovered claimscumulative traumadate of injurytemporary total disabilityLabor Code section 5500.5Rodarte
References
2
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