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

Case No. 2014 NY Slip Op 08369
Regular Panel Decision
Dec 02, 2014

Matter of Allen v. City of New York

The Appellate Division, First Department, affirmed the Supreme Court's decision to annul the termination of petitioner Lionel Allen's employment by the City of New York. The court found that the City violated Allen's due process rights by initially terminating him under Civil Service Law § 73 for non-occupational injuries, then rescinding that and re-terminating him retroactively under Civil Service Law § 71 for occupational injuries, without offering a new opportunity to be heard. The decision highlighted the procedural differences between the two sections of the Civil Service Law, noting that Section 71 offers greater protections. The court also rejected the respondents' suggestion to order a hearing to determine Allen's fitness, stating it would nullify the due process holding.

Due ProcessEmployment TerminationCivil Service LawOccupational InjuryNon-Occupational InjuryReinstatementArticle 78 PetitionRetroactive TerminationProcedural ProtectionAppellate Review
References
1
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
Case No. MISSING
Regular Panel Decision

Peninsula National Bank v. Allen Carpet Shops, Inc. (In Re Allen Carpet Shops, Inc.)

The creditors' committee moved for reargument and reconsideration of a previous court decision that granted summary judgment in favor of Peninsula National Bank (PNB) against Allen Carpet Shops, Inc., the debtor in a Chapter 11 reorganization. PNB sought administrative priority for various payroll account overdrafts. The court reaffirmed the summary judgment for a $19,545.16 portion of PNB's claim and clarified that a $12,684.17 pre-petition overdraft constituted a general unsecured claim. However, the court identified several unanswered material facts concerning a $37,892.92 portion of PNB's claim, which involved checks drawn pre-petition but honored post-petition. Consequently, the court warranted a rehearing specifically on this disputed portion of the claim, effectively granting the committee's motion for reargument in part.

BankruptcyChapter 11 ReorganizationAdversary ProceedingSummary JudgmentReargument MotionAdministrative Expense PriorityWage PriorityDebtor-in-PossessionOverdraftsCreditors' Committee
References
9
Case No. 222 AD3d 1134
Regular Panel Decision
Dec 14, 2023

Matter of Allen v. New York City Hous. Auth.

Claimant Odaliris Allen appealed a Workers' Compensation Board decision which ruled that Workers' Compensation Law § 123 precluded an award of additional indemnity benefits. Allen sustained a work-related injury in 2000, and liability later transferred to the Special Fund for Reopened Cases. Despite subsequent amendments to her claim to include consequential ankle injuries and authorization for a surgical procedure, the Board affirmed that more than 18 years had passed since the injury and eight years since the last compensation payment, thus barring further awards. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the case was truly closed after a 2019 Workers' Compensation Law Judge decision and subsequent surgical authorization, making Workers' Compensation Law § 123 applicable.

Workers' Compensation LawSpecial FundReopened CasesIndemnity BenefitsSchedule Loss of UseStatute of LimitationsAppellate DivisionCase ClosureInjury ClaimsAnkle Injury
References
13
Case No. MISSING
Regular Panel Decision
Jul 14, 1995

Allen v. Blum

This case involves an appeal in two related actions seeking damages for personal injuries. The plaintiff, Leon Allen, an employee of Coca Cola Bottling Company, was injured by a moving service van after installing a replacement transmission. Defendants Brian Pechaska, as President of New York Coca Cola Distributors Association, and New York Coca Cola Distributors Association, appealed a Supreme Court order that denied their motion for summary judgment, which sought to dismiss the complaint based on their vicarious liability under Vehicle and Traffic Law § 388. The appellate court reversed the lower court's decision, granting the appellants' motion for summary judgment and dismissing the complaint against them. The court reasoned that since Coca Cola Bottling and supervisor Michael Parise were immune from suit under Workers’ Compensation Law § 29 (6), the appellants could not be held vicariously liable as owners of the service van.

Personal InjuryVicarious LiabilityVehicle and Traffic LawWorkers' Compensation LawSummary JudgmentAppellate ReviewExclusive RemedyOwner LiabilityAutomobile AccidentWorkplace Injury
References
6
Case No. MISSING
Regular Panel Decision

Allen v. Comm'r of Soc. Sec.

Plaintiff Latoya Allen sought judicial review of the Social Security Commissioner's final decision denying her applications for disability insurance benefits, child's insurance benefits, and supplemental security income. The U.S. District Court reviewed the ALJ's decision, which found Plaintiff not disabled, applying a five-step sequential evaluation. Plaintiff argued the ALJ erred in weighing medical opinions, excluding attention and concentration limitations from the RFC, and rejecting a nurse practitioner's opinion. The Court, finding the Commissioner's determination supported by substantial evidence and free from legal error, upheld the ALJ's assessment of medical opinions and the RFC. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's motion was denied.

Disability BenefitsSocial Security ActDisability Insurance BenefitsChild's Insurance BenefitsSupplemental Security IncomeAdministrative Law JudgeResidual Functional CapacityMedical Opinion EvidenceNon-examining Medical SourceConsultative Examiner
References
64
Case No. CV-24-1460
Regular Panel Decision
Feb 19, 2026

In the Matter of the Claim of Bonnie Blake

Claimant Bonnie C. Blake appealed an amended decision of the Workers' Compensation Board, which ruled she needed to show ongoing labor market attachment for both her 2000 and 2017 injury claims. The Appellate Division, Third Judicial Department, reviewed the applicability of the 2017 amendment to Workers' Compensation Law § 15 (3) (w). The court found that due to her return to full-time employment at pre-injury wages at the time of her 2011 permanent partial disability classification for Claim No. 1, and no finding of voluntary withdrawal from the labor market, the 2017 amendment applied retroactively. Consequently, the claimant was not required to demonstrate ongoing labor market attachment for Claim No. 1 to be entitled to indemnity benefits. The Court modified the Board's decision, reversing the requirement for labor market attachment in Claim No. 1 and remitted the matter for further proceedings.

Workers' Compensation Law § 15 (3) (w)Labor Market AttachmentPermanent Partial DisabilityRetroactive ApplicationSpecial Fund for Reopened CasesDue ProcessAppellate Division Third DepartmentWage-Earning CapacityIndemnity BenefitsWorkers' Compensation Board
References
14
Case No. MISSING
Regular Panel Decision

Ruane v. Allen-Stevenson School

In August 2005, plaintiff Edward Ruane, a sheet metal worker, suffered a knee injury from a slip and fall on construction debris. He sued The Allen-Stevenson School (owner) and F.J. Sciame Construction Co., Inc. and Sciame Development, Inc. (general contractors) for personal injury. F.J. Sciame filed a third-party action against Ruane's employer, Met Sales & Installations Corp., seeking indemnification based on an unsigned rider, which Met disputed. The court ruled that F.J. Sciame failed to provide prima facie evidence that the indemnification rider was part of the contract, denying their claim. Additionally, the motion court found that factual disputes regarding constructive notice prevented the dismissal of common-law negligence and Labor Law § 200 claims.

personal injuryknee injuryconstruction accidentindemnificationgeneral contractor liabilitypremises liabilitycontractual disputesummary judgmentLabor Law 200constructive notice
References
6
Case No. 2023 NY Slip Op 05294 [220 AD3d 1078]
Regular Panel Decision
Oct 19, 2023

Matter of Bonnie FF. (Marie VV.)

This case concerns an appeal from Family Court orders that adjudicated Bonnie FF. and other children as neglected. The Commissioner of Social Services of Chemung County initiated the proceeding against Marie VV. (mother) and Harold W. (father), alleging excessive corporal punishment, exposure to pornography and sexual acts, and domestic violence. The Family Court found the children neglected, a decision challenged by the parents on appeal. The Appellate Division, Third Department, affirmed the Family Court's findings of neglect, concluding they were supported by a sound and substantial basis in the record. However, the court reversed one order and remitted the matter to Family Court to remove references to testimony that had not been admitted into evidence.

NeglectChild ProtectionFamily LawChild AbuseCorporal PunishmentDomestic ViolenceAppellate ReviewFamily Court ActCredibilityEvidence
References
14
Case No. 530285
Regular Panel Decision
May 20, 2021

Matter of Allen v. CPP-Syracuse, Inc.

Claimant Casey Allen sustained work-related injuries to his left shoulder and neck in 2010. In 2018, he sought to amend his claim to include consequential generalized anxiety disorder, which was supported by his treating physician and an independent medical examiner, Kishor Sangani. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board affirmed the amendment. The employer appealed, arguing that the medical opinions were based on inaccurate information and sought to reopen a 2014 decision to exclude the neck injury, citing a 2013 motorcycle accident. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the inclusion of generalized anxiety disorder and no abuse of discretion in denying the reopening, as the employer had prior notice of the 2013 accident.

Workers' CompensationGeneralized Anxiety DisorderConsequential InjuryMedical CausationIndependent Medical ExaminationReopening ClaimMedical RecordsNeck InjuryShoulder InjuryAppellate Review
References
11
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