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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

DiDomenico v. C & S Aeromatik Supplies, Inc.

The plaintiff, Frank DiDomenico, was injured by a leaking hazardous material package while employed by United Parcel Service (UPS). UPS's subsequent dilatory responses to discovery demands and willful destruction of crucial evidence, including the package and related records, prevented DiDomenico from identifying and suing the third-party shipper. This conduct also prejudiced co-defendant CA Aromatics Co., which destroyed its own records due to UPS's delays. The appellate court reversed the lower court's denial of sanctions, finding UPS's actions constituted willful non-compliance with court orders and spoliation of evidence. Consequently, UPS's answer was stricken, and summary judgment was granted to DiDomenico against UPS for impairing his right to sue, and to CA Aromatics Co. for indemnification.

Spoliation of EvidenceSummary JudgmentDiscovery SanctionsCPLR 3126Workers' CompensationEmployer LiabilityThird-Party ActionHazardous MaterialsDocument DestructionAppellate Review
References
20
Case No. MISSING
Regular Panel Decision

Pibouin v. CA, Inc.

Plaintiff Jean-Phillipe Pibouin initiated an employment action against CA, Inc., alleging discrimination based on marital status and national origin under the New York Human Rights Law (NYHRL), claims for unpaid commissions under New York Labor Law (NYLL), and state equitable remedies for unpaid severance. The court ultimately granted the defendant's motion for summary judgment, leading to the dismissal of all claims. The marital status discrimination claim was rejected as NYHRL protects marital status itself (e.g., married vs. single), not marriage to a specific individual or coworker. The national origin discrimination claim, based on plaintiff's French descent and comments about his accent, was dismissed due to insufficient evidence of a direct link between the alleged discriminatory remarks and the adverse employment actions of demotion and termination. Additionally, claims for unpaid commissions were dismissed because the plaintiff failed to provide specific proof of outstanding amounts, and his severance claim was found to be preempted by ERISA, having been previously withdrawn with prejudice.

Employment DiscriminationNational Origin DiscriminationMarital Status DiscriminationNYHRLNYLLERISA PreemptionSummary JudgmentUnpaid CommissionsSeverance PayAccent Discrimination
References
50
Case No. ADJ322024 (FRE 0248360)
Regular
Dec 29, 2011

KEVIN MILLER vs. CA STATE UNIVERSITY FRESNO, SEDGWICK CLAIMS

Defendant CA State University Fresno sought reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted the petition to allow further study of the factual and legal issues. This action is deemed necessary to ensure a just and reasoned decision after thorough review. Pending the decision after reconsideration, all communications must be filed with the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationCA State University FresnoSedgwick ClaimsDecision After ReconsiderationOffice of the CommissionersStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther Proceedings
References
0
Case No. ADJ11080934
Regular
Oct 28, 2025

JUAN MARTINEZ vs. CREAM OF THE CROP AG SERVICE, INC.; CA FARM MANAGEMENT, INC.

The applicant, Juan Martinez, sought reconsideration of a prior decision that reversed a Workers' Compensation Administrative Law Judge's (WCJ) order imposing sanctions against the defendant for alleged frivolous tactics. The Appeals Board originally found insufficient evidence of bad-faith conduct by the defendant, Cream of the Crop AG Service, Inc. and CA Farm Management, Inc. In this petition, the applicant sought clarification on the standard of review and claimed certain issues were not addressed. The Board denied the applicant's petition, reiterating its finding that the defendant's actions did not constitute bad-faith litigation tactics under Labor Code section 5813, and confirmed that the responsibility for pursuing discovery, such as a neuropsychological evaluation recommended by Dr. Bhatia in 2018, did not rest solely on the defendant.

WCABPetition for ReconsiderationLabor Code Section 5813SanctionsAttorneys' FeesFrivolous TacticsBad Faith ConductNeuropsychology EvaluationAdditional PanelsReconsideration Proceedings
References
13
Case No. CA 10-02172
Regular Panel Decision
Mar 25, 2011

NEW YORK SCHOOLS INSURANCE RECIP, MTR. OF

The petitioner, New York Schools Insurance Reciprocal, appealed an order from the Supreme Court, Erie County, which denied its petition for a permanent stay of arbitration. Respondent Patricia Armitage sought arbitration after the petitioner denied her claim for no-fault insurance benefits. The court affirmed the lower court's decision, concluding that the dispute involving the insurer's liability to pay first-party benefits is a matter for arbitration under Insurance Law § 5106 [b]. The court also rejected the petitioner's contention that the offset for workers' compensation benefits exceeding the monthly limit is not arbitrable and that the denial of a stay of arbitration denied its right to a loss-transfer claim from proposed additional respondents.

No-fault insuranceArbitrationWorkers' compensation offsetFirst-party benefitsAppellate reviewInsurance LawStay of arbitrationLoss-transfer claim
References
5
Case No. CA 11-00125
Regular Panel Decision
Jun 17, 2011

COMMUNICATION WORKERS OF AMERICA, L v. TOWN OF GREECE

This case concerns an appeal from an order of the Supreme Court, Monroe County, which partially vacated an arbitration award. The arbitration involved a disciplinary action against a Town of Greece police sergeant, a member of the Communication Workers of America, Local 1170, who had been demoted. The arbitrator found just cause for demotion but deemed a permanent demotion unreasonable, converting it to a one-year demotion. The Union sought to confirm the award, while the Town sought partial vacatur. The Appellate Division, Fourth Judicial Department, reversed the Supreme Court's order, granted the Union's petition, denied the Town's cross-petition, and confirmed the arbitration award. The court held that the arbitrator did not exceed his authority by modifying the penalty, as the collective bargaining agreement allowed for such a determination if the penalty was found unreasonable, arbitrary, or capricious, and did not contain specific limitations on the arbitrator's power to fashion a new penalty.

Collective Bargaining AgreementArbitration AwardPublic PolicyGrievanceDemotionAppellate ReviewJudicial AuthorityArbitrator's PowerContractual InterpretationUnreasonable Penalty
References
10
Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
Case No. CA 11-02000
Regular Panel Decision
Nov 09, 2012

OLSEN, MICHAEL JAMES v. KOZLOWSKI, SHIRLEY F.

Plaintiff Michael James Olsen commenced a Labor Law and common-law negligence action seeking damages for injuries sustained from falling during residence construction. Plaintiff moved for partial summary judgment on liability under Labor Law § 240 (1), while defendants Louis F. Kozlowski and Shirley F. Kozlowski (property owners) cross-moved for summary judgment dismissing the complaint. The Supreme Court granted dismissal against Louis F. Kozlowski and denied dismissal against Shirley F. Kozlowski, also granting plaintiff's motion against Shirley F. Kozlowski. The Appellate Division modified the order, denying plaintiff's motion in its entirety, finding a triable issue of fact regarding whether Shirley F. Kozlowski was an officer of the employer, which could bar the action under Workers' Compensation Law § 29 (6).

Personal InjuryLabor LawPremises LiabilitySummary JudgmentAppellate ReviewWorkers' CompensationOfficer LiabilityEmployer ImmunityConstruction AccidentFall from Height
References
20
Case No. CA 13-00856
Regular Panel Decision
May 02, 2014

PIOTROWSKI, RICHARD v. MCGUIRE MANOR, INC.

Plaintiff Richard Piotrowski sued McGuire Manor, Inc. under Labor Law and common-law negligence after sustaining injuries from a fall off a wobbly ladder. A jury initially found in favor of the plaintiff and awarded damages. On appeal, the Appellate Division, Fourth Judicial Department, reversed the judgment and granted a new trial. The court determined that the trial court committed a reversible error by failing to give an expanded sole proximate cause charge to the jury, thereby prejudicing a substantial right of the defendant. Dissenting justices argued that the issue regarding the jury charge was not properly preserved for review or that the charge provided was sufficient.

Labor LawSole Proximate CauseJury ChargeAppellate ReviewNegligenceLadder AccidentReversalNew TrialPreservation of ErrorCPLR
References
29
Case No. CA 11-00538
Regular Panel Decision
Mar 16, 2012

INTER-COMMUNITY MEMORIAL HOSPITAL A v. THE HAMILTON WHARTON GROUP, INC.

Plaintiffs, formerly active members in a workers' compensation group self-insurance trust fund, initiated this action to recover damages from the program administrator, managing director, and individual trustees for claims including negligence, gross negligence, breach of contract, and breach of fiduciary duty, stemming from financial deficits levied against them. The Appellate Division modified the Supreme Court's order. It vacated portions granting plaintiffs leave to replead negligence and gross negligence claims against certain defendants, asserting that tort claims from negligent contract performance are not recognized without an independent duty. The court also vacated the allowance for a new indemnification cause of action. However, the dismissal of breach of contract claims as time-barred was erroneous; these claims were reinstated to the extent they arose from breaches within six years of the action's commencement, with specific note that deficit assessments were levied on June 30, 2005, falling within the six-year statute of limitations. The court affirmed the denial of dismissal against Walter B. Taylor individually.

breach of contractnegligencegross negligencefiduciary dutystatute of limitationsworkers' compensation trustself-insuranceappellate reviewmotion to dismissleave to replead
References
21
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