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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

Hojnowski v. Buffalo Bills, Inc.

David Hojnowski, a former equipment manager for the Buffalo Bills, sued his former employer alleging age discrimination under the Age Discrimination in Employment Act, New York State Human Rights Law, and violations of the Employee Retirement Income Security Act. The Buffalo Bills moved to dismiss the claims and compel arbitration, citing an arbitration clause in Hojnowski's employment contract. Hojnowski contended that the arbitration agreement was unenforceable due to the absence of arbitration rules and unconscionability. The court determined that the arbitration rules were sufficiently incorporated into the agreement and that the contract was not unconscionable. Consequently, the court granted the Bills' motion, compelling Hojnowski to arbitration and dismissing his complaint.

Arbitration AgreementEmployment LawAge DiscriminationERISANew York State Human Rights LawMotion to DismissContract EnforceabilityUnconscionability DefenseFederal Arbitration ActNFL Commissioner
References
25
Case No. ADJ8485371
Regular
Dec 01, 2014

MICHAEL (MIKE) STRATTON vs. SAN DIEGO CHARGERS, ZENITH NORTH AMERICA, BUFFALO BILLS

The Workers' Compensation Appeals Board reconsidered a prior decision regarding Michael Stratton's cumulative injury claim against the San Diego Chargers and Buffalo Bills. While the original judge found Stratton's claim against the Bills timely, the Board reversed this, determining it was barred by the statute of limitations. The Board found that neither employer breached a duty to notify Stratton of his workers' compensation rights at the time of his employment. Therefore, the statute of limitations was not tolled, and Stratton's claim against the Buffalo Bills is dismissed.

WCABStatute of LimitationsLabor Code Section 5405Date of InjuryTollingCumulative InjuryProfessional Football PlayerSan Diego ChargersBuffalo BillsZenith North America
References
17
Case No. 2017 NY Slip Op 03642 [150 AD3d 1641]
Regular Panel Decision
May 05, 2017

In Re the Arbitration Between City of Buffalo & Buffalo Police Benevolent Ass'n

The City of Buffalo appealed an order denying its petition to vacate an arbitration award. The arbitrator found that the City violated a collective bargaining agreement by terminating a police officer without due process, awarding him back pay. The Appellate Division, Fourth Department, affirmed the lower court's decision, ruling that the City failed to demonstrate the award was against public policy or irrational. The court emphasized judicial deference to arbitration awards, especially in public employment disputes, and found the City's arguments insufficient for vacatur.

Collective Bargaining AgreementArbitration Award VacaturPolice Officer TerminationDue Process ViolationBack Pay AwardPublic Policy ExceptionJudicial ReviewLabor DisputeErie CountyAppellate Division
References
10
Case No. 2023 NY Slip Op 06422 [222 AD3d 1147]
Regular Panel Decision
Dec 14, 2023

Matter of Brown v. Buffalo Transp., Inc.

Claimant Tara Brown sought workers' compensation benefits after a motor vehicle accident, identifying Buffalo Transportation, Inc. as her employer. The Workers' Compensation Board initially found Brown was an employee of Buffalo Transportation and that State National Insurance Company, as the carrier for Southeast Personnel Leasing, Inc. (SPLI), was responsible for coverage. However, the Board later amended its decision, affirming Brown's employment with Buffalo Transportation but concluding she was not a leased employee covered by SPLI's policy, thus placing the Uninsured Employers' Fund on notice. The Appellate Division affirmed the Board's amended decision, upholding the finding that Brown was an employee of Buffalo Transportation and not a leased employee, thereby distinguishing the matter from prior similar cases.

Workers' Compensation BenefitsEmployment RelationshipProfessional Employer Organization (PEO)Insurance Coverage DisputesEmployer LiabilityUninsured Employers' FundAppellate ReviewBoard Decision AmendmentMotor Vehicle Accident ClaimStatutory Interpretation
References
10
Case No. CA 16-01699
Regular Panel Decision
May 05, 2017

CITY OF BUFFALO, MTR. OF

The City of Buffalo, the petitioner-appellant, appealed an order and judgment that denied its petition to vacate an arbitration award. The arbitration award found that the City had violated a collective bargaining agreement (CBA) by terminating a police officer without following due process procedures and subsequently awarded back pay to the officer. The City argued that the award was against public policy and irrational. The Supreme Court confirmed the award. The Appellate Division affirmed the lower court's decision, concluding that the City failed to demonstrate that the arbitration award should be vacated on either public policy grounds or irrationality, emphasizing the high burden required for such vacatur in cases involving public employment CBAs.

ArbitrationCollective Bargaining AgreementPublic EmploymentDue ProcessVacatur of AwardPublic Policy ExceptionAppellate ReviewPolice OfficerTerminationBack Pay
References
9
Case No. MISSING
Regular Panel Decision

Regensdorfer v. Central Buffalo Project Corp.

The Supreme Court erred in denying the cross motion of defendant Central Buffalo Project Corporation and third-party defendant United States Shoe Corporation, doing business as Casual Corner, for summary judgment dismissing the complaint. An out-of-possession landlord, Central Buffalo, was not liable as it relinquished control, was not contractually obligated to repair nonstructural defects, and did not have notice of the condition. The loose stairway treads were deemed a non-structural defect. Additionally, Casual Corner was contractually obligated to indemnify Central Buffalo. The amendment to Workers' Compensation Law § 11, effective September 10, 1996, was deemed prospective only and not applicable to this action.

Landlord LiabilityPremises LiabilitySummary JudgmentContractual IndemnificationWorkers' Compensation LawStructural DefectNotice of DefectAppellate ReviewOut-of-Possession LandlordLease Agreement
References
15
Case No. MISSING
Regular Panel Decision

United States v. City of Buffalo

The United States moved to modify a 1979 remedial hiring decree against the City of Buffalo's police and fire departments. This decree, issued after findings of unlawful discrimination against blacks, Spanish-surnamed Americans, and women, required 50% of entry-level appointments to be from qualified minority applicants. The government argued that Firefighters Local Union No. 1784 v. Stotts mandated an end to preferential hiring. Chief Judge Curtin denied the motion, citing the Second Circuit's decision in EEOC v. Local 638, which held that Stotts does not prohibit race-conscious relief in this context. The court emphasized that the Buffalo decree is temporary, applies only to qualified candidates, and does not involve the displacement of existing employees, distinguishing it from the Stotts case. The hiring goals will end when the City proves its selection procedures are valid.

Employment DiscriminationRacial DiscriminationAffirmative ActionHiring DecreeRemedial OrderTitle VIISeniority RightsJudicial ReviewConsent DecreePublic Employment
References
8
Case No. MISSING
Regular Panel Decision

Armbruster v. Buffalo China, Inc.

Plaintiff commenced an action seeking damages for personal injuries sustained in an industrial accident at a manufacturing plant owned by defendant Buffalo China, Inc. The plaintiff, an apprentice sheet metal worker for third-party defendant Engelhaupt Co., Inc., was struck by an exhaust stack weighing 750-800 pounds that detached from a hoist. He alleged negligence and Labor Law violations, specifically Labor Law § 240 (1). While the trial court granted the plaintiff partial summary judgment on liability and a jury awarded damages, the appellate court found the awards for past and future pain and suffering to be inadequate. Consequently, the appellate court modified the judgment, vacating that award and granting a new trial on those damages unless Buffalo China stipulates to increase the total verdict for pain and suffering to $250,000.

Industrial AccidentPersonal InjuryLabor LawDamagesPain and SufferingLoss of EarningsNew TrialAppellate ReviewSummary JudgmentIndemnification
References
1
Case No. MISSING
Regular Panel Decision

Gress v. Brown

Plaintiffs, seasonal sanitation employees of the City of Buffalo, initiated a class action alleging that the City and Mayor Byron Brown failed to pay them in accordance with the Buffalo Living Wage Ordinance. Defendants, including the Buffalo Fiscal Stability Authority (BFSA), appealed a judgment that granted plaintiffs partial summary judgment, declaring the BFSA lacked authority to freeze their wages. The court rejected defendants' argument that the action was a CPLR article 78 proceeding, thus a four-month statute of limitations did not apply, finding the action primarily sought damages for wage violations. It further affirmed that the BFSA's wage freeze was inapplicable to plaintiffs because their wage increases stemmed from the Living Wage Ordinance, not a collective bargaining agreement, placing them outside the BFSA's authority.

Living Wage OrdinanceWage DisputeClass ActionBuffalo Fiscal Stability AuthorityPublic Authorities LawMunicipal EmployeesWage FreezeSummary JudgmentStatute of LimitationsCollective Bargaining
References
3
Case No. MISSING
Regular Panel Decision
Jun 10, 2021

Matter of Gaylord v. Buffalo Transp., Inc.

Claimant Kevin Gaylord, a bus driver for Buffalo Transportation, Inc., sustained multiple injuries after being struck by a car. Buffalo Transportation had a personnel leasing agreement with Southeast Personnel Leasing, Inc. (SPLI), a professional employer organization, which procured a workers' compensation policy from State National Insurance Company, Inc. State National controverted Gaylord's claim, arguing he was not a covered worksite employee. The Workers' Compensation Board determined that SPLI was statutorily obligated to provide coverage and State National was the proper carrier. The Appellate Division, Third Department, affirmed, concluding that SPLI was a co-employer and the State National policy covered Gaylord, as it did not clearly exclude him.

Workers' CompensationProfessional Employer OrganizationPEOCo-employmentInsurance Coverage DisputeStatutory ObligationAppellate ReviewCarrier LiabilityLease AgreementBus Driver Injury
References
8
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