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

Case No. 06 Civ. 6377(WHP)
Regular Panel Decision
May 29, 2009

New York District Council of Carpenters Pension Fund v. Perimeter Interiors, Inc.

This Memorandum & Order addresses defendants' objections to a Magistrate Judge's Report and Recommendation on damages for unpaid fringe benefit contributions under ERISA and LMRA. Plaintiffs, various Carpenters Benefit Funds, had previously secured summary judgment against Perimeter Interiors and its president, Susan Reidy, for operating a secret bank account to evade contributions. The Magistrate Judge recommended a total award of $2,508,324.84. The District Court adopted the report, affirming findings of covered work, the alter ego status of Perimeter and Speedy Enterprises, and the awards for attorney's and auditor's fees, with a minor correction to principal damages. The Court denied defendants' objections, directing entry of judgment in favor of the plaintiffs for the full recommended amount.

ERISALMRAEmployee BenefitsFringe Benefit ContributionsSummary JudgmentDamages InquestMagistrate Judge ReportObjections DeniedAlter Ego DoctrineUnpaid Contributions
References
29
Case No. CV-23-1587
Regular Panel Decision
Feb 06, 2025

Matter of Carpenter v. Albany Dialysis Ctr.

Victoria A. Carpenter's workers' compensation claim for complex regional pain syndrome (CRPS) was established following a work injury in 2014, leading to temporary partial disability benefits. Surveillance video later revealed inconsistencies between Carpenter's reported medical condition and her actual functional abilities. A Workers' Compensation Law Judge found Carpenter violated Workers' Compensation Law § 114-a by making material misrepresentations, imposing penalties including rescission of past benefits and permanent disqualification from future wage replacement. The Workers' Compensation Board affirmed this decision, which was subsequently upheld by the Appellate Division, Third Department. The court found substantial evidence supported the Board's findings regarding Carpenter's material misrepresentations to physicians and that the penalties were proportionate.

Fraudulent ClaimMaterial MisrepresentationDisability Benefits SuspensionSurveillance EvidencePermanent DisqualificationCRPSIndependent Medical ExaminationAppellate Division ReviewJudiciary Law § 431Workers' Compensation Law § 114-a
References
9
Case No. 92 Civ. 4884 (RJW)
Regular Panel Decision

PEOPLE OF STATE OF NY BY ABRAMS v. Foreman

Plaintiffs, the People of the State of New York, moved for civil contempt against Joseph Foreman, Patrick Mahoney, and Robert Sehenck for violating a Preliminary Injunction issued on July 13, 1992, in People v. Operation Rescue Nat’l. The injunction prohibited presenting a fetus to Governor Bill Clinton. Defendants Foreman and Sehenck, along with Harley David Belew, discussed plans to present a fetus ("Baby Nathan") to Governor Clinton during the Democratic National Convention. Despite being aware of the injunction, Foreman and Sehenck facilitated Belew's actions by providing lodging and failing to dissuade him. The Court found Foreman and Sehenck in civil contempt, concluding they aided and abetted the violation. The decision highlighted their clear noncompliance, lack of reasonable diligence, and willful disregard for the judicial decree, and held them liable for liquidated damages as stipulated by the injunction.

Civil ContemptPreliminary InjunctionAiding and AbettingFetus PresentationAbortion ProtestJudicial Decree ViolationDemocratic National ConventionWillful DisobedienceLiquidated DamagesCourt Order Enforcement
References
11
Case No. 81 C 2521
Regular Panel Decision
Dec 09, 1981

Mandaglio v. UNITED BROTH. OF CARPENTERS, ETC.

Plaintiffs Dominick Mandaglio and Charles Ferrera, former members of the United Brotherhood of Carpenters and Joiners of America, sued the union entities and several individuals after being removed from their positions and membership. They alleged violations of the Labor-Management Reporting Disclosure Act, 29 U.S.C. §§ 411(a) and 529, claiming procedural improprieties during internal union trials and a conspiracy among defendants. Defendants William Konyha and William Sidell, out-of-state residents, moved to dismiss the action against them for want of personal jurisdiction in New York. The court examined New York's long-arm statute, CPLR § 302(a)(2) and (3), to determine if jurisdiction could be established. Finding no prima facie factual showing of conspiracy or substantial New York contacts for Konyha and Sidell, the court granted their motion and dismissed them from the action.

Labor-Management Reporting Disclosure ActUnion MembershipRemoval from OfficePersonal JurisdictionConspiracyExtraterritorial JurisdictionNew York Long-Arm StatuteSummary DismissalDue ProcessInternal Union Procedures
References
8
Case No. MISSING
Regular Panel Decision

Laflamme v. Carpenters Local 370 Pension Plan

Plaintiff Michael LaFlamme initiated a class action against the Carpenters Local #370 Pension Plan and its Board of Trustees, alleging violations of the Employee Retirement Income Security Act (ERISA) concerning the plan's 'freezing rule' for benefit accrual after a 'break in service.' LaFlamme sought a judicial declaration that this rule contravenes ERISA's minimum accrual standards, along with a reformation of the pension plan and recalculation of benefits for all affected class members. The court, presided over by District Judge Hurd, evaluated the motion for class certification under Federal Rule of Civil Procedure 23(a) and (b), finding that the requirements of numerosity, commonality, typicality, and adequacy of representation were met. Consequently, the motion for class certification was granted, establishing a class comprised of all plan participants, active or retired, who experienced a service break resulting in frozen benefit accrual rates. The decision also outlined procedures for providing notice to the newly certified class members, while deferring detailed adjudication of defenses like statute of limitations and exhaustion of remedies to later dispositive motions.

ERISAPension BenefitsClass ActionBenefit AccrualFreezing RuleBreaks in ServiceClass CertificationRule 23(a)Rule 23(b)Federal Civil Procedure
References
49
Case No. CV-23-1587
Regular Panel Decision
Feb 06, 2025

In the Matter of the Claim of Victoria Carpenter

The claimant, Victoria A. Carpenter, a registered nurse, sustained a work-related injury in 2014, leading to a workers' compensation claim for complex regional pain syndrome. She was subsequently deemed temporarily partially disabled and received indemnity benefits. The employer and its carrier presented surveillance video that showed claimant's functional abilities contradicted her reported medical condition and disability. After review of medical examinations and testimonies, the Workers' Compensation Law Judge found claimant violated Workers' Compensation Law § 114-a due to material misrepresentation of her disability, imposing mandatory and discretionary penalties including permanent disqualification from future wage replacement benefits. The Workers' Compensation Board affirmed these decisions and denied reconsideration, which was subsequently affirmed by the Supreme Court, Appellate Division.

Workers' Compensation Law § 114-aMisrepresentationFraudDisability BenefitsSurveillance VideoMedical ExaminationAffirmationPermanent DisqualificationIndemnity BenefitsComplex Regional Pain Syndrome
References
9
Case No. MISSING
Regular Panel Decision
Feb 22, 1984

Barnhardt v. Hudson Valley District Council of Carpenters Benefit Funds

The plaintiff, injured in May 1978 during maintenance work, was denied workers' compensation due to the absence of an employer-employee relationship. Subsequently, he sought reimbursement for medical expenses from the Hudson Valley District Council of Carpenters Benefit Funds (Benefit Funds) through a union insurance policy. Continental Assurance Company (Continental), Benefit Funds' insurer, rejected the claim, citing an employment-related injury exclusion in the policy. The plaintiff then initiated an action against Benefit Funds, which in turn filed a third-party action against Continental seeking indemnification. Continental's motion for summary judgment, asserting the exclusion, was denied by the County Court. The appellate court affirmed this denial, ruling that the exclusionary language was ambiguous and applied only in cases where a clear employer-employee relationship existed, a fact still to be determined.

Insurance Policy InterpretationEmployment StatusWorkers' Compensation ExclusionSummary Judgment MotionContractual AmbiguityGroup Health InsuranceMedical Expense ReimbursementThird-Party ActionAppellate ReviewEmployer-Employee Relationship
References
10
Case No. 89 CV 3290
Regular Panel Decision

United Brotherhood of Carpenters & Joiners of America v. Tile Helpers Union Local 88

This case involves three related actions where the plaintiff, the United Brotherhood of Carpenters and Joiners of America ('Carpenters'), seeks to recover assets from unnamed defendant local unions. The local unions had disaffiliated from the Tile, Marble, Terrazzo, Finishers, Shop-workers and Granite Cutters International Union ('Tile Workers'), which subsequently merged into the Carpenters. The Carpenters assert that the local unions were obligated to forfeit their assets upon disaffiliation according to the Tile Workers' constitution. The defendant local unions raised affirmative defenses, challenging the Carpenters' standing by disputing the validity of the merger due to an allegedly improperly adopted constitutional amendment and a failure to disclose 'imprudent' investments. The court ruled that the defendant local unions lacked standing to challenge the internal union merger process and consequently struck their affirmative defenses. The court also denied the Carpenters' motion to add the Tile Workers as a plaintiff.

Union DisaffiliationAsset RecoveryLabor Union MergerStanding DoctrineAffirmative DefenseLabor LawInternal Union AffairsFederal JurisdictionWorkers' RightsConstitutional Amendment Challenge
References
15
Case No. MISSING
Regular Panel Decision

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. MISSING
Regular Panel Decision

United Brotherhood of Carpenters Joiners v. Tile Helpers Union Local 88

This case involves the disaffiliation of Tile Finishers Union Local No 88 (old Local 88) from its parent, TMT International Union, to join the Bricklayers. Subsequently, TMT International merged into United Brotherhood of Carpenters and Joiners of American (the Carpenters). The Carpenters, as successor to TMT International, sued the new local (Tile Helpers Union Local 88), a Mortuary Fund, and former officers, seeking damages and asset transfer, claiming old Local 88 improperly transferred assets into a mortuary account to evade forfeiture to TMT International. The court found the Carpenters' attempt to establish a trusteeship over old Local 88 invalid. However, it upheld the validity of establishing the mortuary fund by old Local 88, despite the intention to evade forfeiture, as the local's by-laws implicitly permitted such funds. Claims regarding other asset expenditures and return of books and records were referred to a Magistrate Judge.

DisaffiliationUnion AssetsMortuary FundTrusteeshipLabor-Management Relations ActLabor-Management Reporting and Disclosure ActSummary JudgmentLocal UnionInternational UnionBreach of Contract
References
3
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