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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
Mar 23, 2004

Matter of Rosenblum v. New York State Workers' Compensation Bd.

This case, Matter of Rosenblum v. New York State Workers' Compensation Bd., was heard by the Court of Appeals of the State of New York. The decision was rendered on March 23, 2004. The outcome of the case was that the appeal was withdrawn and discontinued. This indicates a resolution where further judicial review was halted by the appellant.

Appeal WithdrawnDiscontinuedWorkers' CompensationCourt of AppealsNew YorkCase Resolution
References
0
Case No. MISSING
Regular Panel Decision

Ovadia v. Office of Industrial Board of Appeals

The Court of Appeals remitted *Matter of Ovadia v Office of the Indus. Bd. of Appeals* (19 NY3d 138 [2012]) back to this Court. The determination of the Industrial Board of Appeals, dated December 14, 2009, which had affirmed an order directing petitioners to pay claimants unpaid wages, was unanimously annulled. The matter has been remanded for further proceedings. These proceedings specifically involve determining whether Ovadia made an enforceable promise to pay workers for their continued work following Bruten’s disappearance and whether the workers relied on this promise by continuing to work at the construction site for six days.

AnnulmentRemandUnpaid wagesIndustrial Board of AppealsCommissioner of Department of LaborWorkers' relianceEnforceable promiseCourt of AppealsAppellate reviewLabor Law
References
1
Case No. MISSING
Regular Panel Decision

Golan v. Montefiore Hospital

The National Benefit Fund for Hospital and Health Care Employees (Fund) appealed a Workers’ Compensation Board decision awarding a claimant pregnancy disability benefits under the Disability Benefits Law. The Fund's disability plan, filed by Montefiore Hospital, covered pregnancy, which was statutorily excluded by Workers’ Compensation Law § 205 (subd 3). The Fund contended the Board lacked jurisdiction over such claims. The appellate court affirmed the Board's decision, citing Workers’ Compensation Law §§ 211 and 221, which grant the Board authority over all issues related to filed disability benefit plans. The court held that voluntarily conferred benefits that supersede statutory ones are fully enforceable by the Board, even if they cover disabilities explicitly excluded by statute.

Disability Benefits LawPregnancy DisabilityWorkers' Compensation Board JurisdictionVoluntarily Conferred BenefitsStatutory ExclusionsAppellate ReviewEmployer Plan FilingBenefit Plan EnforcementWorkers' Compensation Law Article 9Section 211 Workers' Comp Law
References
3
Case No. MISSING
Regular Panel Decision

Fraser v. Brunswick Hospital Medical Center, Inc.

In this medical malpractice action, the defendant The Brunswick Hospital Medical Center, Inc. appealed an order that granted the plaintiff’s motion to strike its workers’ compensation coverage defense. Concurrently, the plaintiff cross-appealed the dismissal of the complaint against defendant S. Fong. The appellate court affirmed the decision to strike the workers’ compensation defense for The Brunswick Hospital Medical Center, Inc., citing its participation and lack of appeal in the prior Workers’ Compensation Board hearing. However, the dismissal of the complaint against S. Fong was reversed, as S. Fong was not present at the Board hearing, thus preclusion did not apply, and a triable issue of fact existed regarding whether the injury was employment-related. The court also rejected S. Fong's argument regarding the absence of a doctor-patient relationship.

Medical MalpracticeWorkers' CompensationAffirmative DefenseSpecial EmployeeCoemployeePreclusive EffectTriable Issue of FactDoctor-Patient RelationshipAppellate ReviewHospital Liability
References
7
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. MISSING
Regular Panel Decision

New York Hospital Medical Center v. Microtech Contracting Corp.

This case addresses whether an employer's protection from third-party claims under Workers' Compensation Law § 11 is lost when its injured employees are undocumented aliens. Plaintiff New York Hospital Medical Center sued defendant Microtech Contracting for common-law and contractual contribution and indemnification, following a judgment paid to Microtech's injured undocumented employees, Luis and Gerardo Lema. The hospital argued that Microtech's alleged violation of the Immigration Reform and Control Act (IRCA) in hiring the Lemas should preclude it from invoking Section 11's shield. Both the Supreme Court and Appellate Division dismissed the hospital's claims, affirming that employee immigration status does not negate an employer's statutory rights. The Court of Appeals affirmed, holding that the illegality of the employment contract under IRCA does not override the employer's protections under Workers' Compensation Law § 11, particularly as the hospital did not pursue conflict preemption on appeal.

Workers' Compensation Law § 11Immigration Reform and Control Act (IRCA)Undocumented AliensThird-Party ClaimsContribution and IndemnificationGrave InjuryPreemptionLabor LawEmployer LiabilityEmployee Rights
References
11
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. 2019 NY Slip Op 01011 [169 AD3d 1477]
Regular Panel Decision
Feb 08, 2019

Matter of Riccelli Enters., Inc. v. State of N.Y. Workers' Compensation Bd.

This case involves an appeal stemming from an order of the Supreme Court, Onondaga County, which had granted partial summary judgment to Riccelli Enterprises, Inc., et al., and 3679 River Road, Inc., et al. These parties were respondents and intervenors-respondents, respectively, while the State of New York Workers' Compensation Board and others were the appellants. The Appellate Division, Fourth Department, reviewed the appeal. However, prior to a full merits decision, the appeal was dismissed. The dismissal was a result of a stipulation of discontinuance signed by the attorneys for all parties involved on January 15, 2019.

Workers' Compensation BoardAppellate DivisionSummary JudgmentAppeal DismissalStipulation of DiscontinuanceOnondaga CountyJudiciary LawFourth DepartmentProceduralCase Dismissal
References
2
Case No. MISSING
Regular Panel Decision

Claim of Abramson v. Long Beach Memorial Hospital

This case involves an appeal from a Workers’ Compensation Board decision that found a nursing assistant to be a general employee of Nassau Registry, Inc., and a special employee of Long Beach Memorial Hospital. The claimant sustained disabling lower back injuries after slipping on a wet hospital floor while working at the hospital, having been assigned by the Registry. The Board apportioned the workers' compensation awards equally between both employers. The appellate court affirmed the Board's determination, concluding that substantial evidence supported the finding of a dual employer-employee relationship. Key factors considered included the right to control, method of payment, and the integral nature of the claimant's work for both the employment agency and the hospital.

General EmploymentSpecial EmploymentEmployer-Employee RelationshipWorkers' Compensation Board DecisionAppellate ReviewSubstantial EvidenceRight to ControlMethod of PaymentDual EmploymentEmployment Agency
References
6
Case No. ADJ9179881
Regular
Dec 19, 2014

CURTIS MAUCH vs. CITY OF LODI, YORK RISK SERVICES GROUP, INC.

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the prior decision that required liability for necessary medical treatment. This liability is specifically limited to treatment enabling knee replacement surgery, not for subsequent conditions. The Board adopted the WCJ's reasoning, citing *Braewood Convalescent Hospital v. Workers' Comp. Appeals Bd.* to support the decision. The case involved an applicant needing knee replacement surgery, and the defendant argued that a separate cardiac defibrillator issue was unrelated to the industrial injury.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCity of LodiYork Risk Services GroupAdministrative Law JudgeKnee replacement surgeryCardiac defibrillatorBraewood Convalescent HospitalLabor Code Section 5903Myers
References
8
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