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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. MISSING
Regular Panel Decision
Feb 11, 2005

Claim of Cook v. Staffing

Claimant sustained back and facial injuries in a 1994 work accident, leading to a 1997 award for facial disfigurement, no lost time, and continued back treatment, then case closure. In 2000, the case reopened to address medical reports and potential benefits, but was subsequently ruled resolved and "not truly closed" by a WCLJ, preventing Workers’ Compensation Law § 25-a liability shift to the Special Fund for Reopened Cases. In 2004, claimant sought lost time compensation, and the Workers’ Compensation Board modified the WCLJ's decision, finding the case was indeed closed in 2000, thereby meeting the requirements for § 25-a liability to shift. The Special Fund appealed this determination, arguing the case was not truly closed. The appellate court affirmed the Board's decision, concluding that the finding of true closure in 2000 was supported by evidence showing all pending issues had been resolved and no further proceedings were contemplated at that time.

Workers' Compensation Board AppealSpecial Fund LiabilityCase Reopening CriteriaWorkers’ Compensation Law § 25-aPermanent Facial DisfigurementLost Time BenefitsWorkers' Compensation LawAppellate Court AffirmationDate of Case ClosureMedical Treatment Coverage
References
4
Case No. MISSING
Regular Panel Decision

Claim of Stokes v. Valeo Electrical Systems, Inc.

Claimant filed a workers' compensation claim in 1999 for repetitive-motion injuries, and the case was initially closed in February 2000 by a WCLJ who found an occupational disease but no prima facie evidence of permanency, allowing for reopening. The case was reopened in 2001 to include shoulder injuries, leading to the involvement of prior employers General Motors Corporation and ITT Automotive for Workers’ Compensation Law § 44 apportionment. In 2003, claimant was deemed permanently partially disabled, and liability was apportioned, with all employers subsequently filing claims for reimbursement from the Special Disability Fund. The WCLJ later determined that the case was "truly closed" in February 2000, making the reimbursement claims timely, but the Workers’ Compensation Board reversed this determination. The Appellate Division reversed the Board's decision, concluding that the case was indeed truly closed in February 2000, which made the employers' reimbursement claims timely, and remitted the matter for further proceedings.

Workers' CompensationOccupational DiseaseRepetitive Motion InjuryCase ReopeningPermanency AssessmentApportionmentSpecial Disability FundTimeliness of ClaimWorkers’ Compensation Board DecisionAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Claim of Giglio v. Fehlhaber Horn Corp.

The claimant, a 57-year-old construction worker, suffered two compensable back injuries in 1969 and 1974, leading to a finding of total permanent disability and case closure in 1977. Later, medical examinations by Drs. Foster and Mincy prompted an apportionment change but reaffirmed permanent total disability. In 1981, the claimant applied to reopen his cases based on Dr. Teresi's report suggesting permanent partial disability, which would offer financial advantages given his retirement and Social Security benefits. The Workers’ Compensation Board denied the reopening application, asserting no change in physical condition and that the prior disability determination was conclusive as it was not appealed. The Appellate Division affirmed the Board's decision, concluding that the Board's refusal to reopen was not arbitrary or capricious, despite its misapplication of the 'law of the case' doctrine.

Workers' CompensationDisability ClassificationCase ReopeningPermanent Total DisabilityPermanent Partial DisabilityMedical EvidenceJudicial ReviewBoard DiscretionAppellate ProcedureFinancial Advantage
References
3
Case No. MISSING
Regular Panel Decision
Dec 14, 2007

Lynch v. Buffalo Bills, Inc.

The Workers' Compensation Board ruled that liability shifted to the Special Fund for Reopened Cases pursuant to Workers' Compensation Law § 25-a for a claimant with a permanent partial disability whose case was closed. The self-insured employer requested discharge to the Special Fund after seven years from injury and three years from the last payment. The Board affirmed the transfer of liability and the bifurcation of a new claim for reduced earnings. The Special Fund appealed. The court affirmed the Board's findings regarding the case closure and liability transfer but modified the decision, holding that the claimant's recovery was limited to payments by the Special Fund for the two-year period prior to the application, thus reversing the directive for payments by the self-insured employer.

Reopened CasesSpecial Fund LiabilityPermanent Partial DisabilityReduced Earnings ClaimWorkers' Compensation BoardStatutory InterpretationTimeliness of ApplicationEmployer DischargeAppellate ReviewCase Closure
References
10
Case No. MISSING
Regular Panel Decision

Renzi v. Case Manangement Concepts

In this workers' compensation case, the claimant sustained a compensable injury in 1998, with the claim becoming the Special Fund for Reopened Cases' liability in 2006. In 2008, a licensed massage therapist submitted requests for payment for services allegedly prescribed by the claimant's treating physician. The Special Fund objected, arguing massage therapists are not authorized providers under the Workers’ Compensation Law. A Workers' Compensation Law Judge (WCLJ) initially found massage therapy compensable if performed by a licensed therapist under a physician's supervision, holding payments in abeyance pending prescription submission. The Workers' Compensation Board affirmed this in an amended decision. This Court reversed the Board's decision, concluding that there was insufficient evidence to support the Board’s determination that the Special Fund is liable, as the massage therapist was not an authorized provider nor did they fall under any statutory exceptions like being a registered nurse, person trained in diagnostic techniques, physical therapist, or occupational therapist.

Workers' Compensation LawMassage TherapyAuthorized Medical ProvidersSpecial Fund for Reopened CasesCompensability of TreatmentStatutory ExceptionsAppellate ReviewProvider AuthorizationMedical Treatment GuidelinesSupervision of Care
References
4
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
Case No. 2019 NY Slip Op 00945 [169 AD3d 1141]
Regular Panel Decision
Feb 07, 2019

Matter of Guillen v. Tulley Constr.

Claimant Morris Guillen, a construction worker, sought workers' compensation benefits for injuries sustained in 2005. The Workers' Compensation Board (WCB) initially established the claim but later found no further causally-related disability after March 2010. Following ongoing disputes regarding treatment requests, the employer and carrier requested transfer of liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a. The WCB ultimately ruled that the case was "truly closed" and transferred liability to the Special Fund, retroactive to October 25, 2011. The Appellate Division affirmed this decision, holding that objections to payments for medical care do not prevent a finding of true closure necessary for liability transfer.

Workers' Compensation LawSpecial Fund for Reopened CasesLiability TransferCase ClosureMedical TreatmentCompensation BenefitsAppellate ReviewTimeliness of AppealPsychiatric DisabilityOrthopedic Disability
References
11
Case No. ADJ1174751 (SAC 0331800), ADJ6448656, ADJ6448658
Regular
May 22, 2008

LAWRENCE BURNELL vs. SOLANO GARBAGE

The Workers' Compensation Appeals Board granted reconsideration in one case (ADJ1174751) and denied it in two others (ADJ6448656 and ADJ6448658). For the granted case, the Board amended the decision to find no permanent disability due to a back injury, based on a later medical report that superseded an earlier one. Reconsideration was denied in the other two cases, as the defendant failed to prove overlap of disability for apportionment purposes as required by law. The Board affirmed the original decisions in ADJ6448656 and ADJ6448658.

Workers' Compensation Appeals BoardSolano GarbageLawrence BurnellADJ1174751ADJ6448656ADJ6448658ReconsiderationFindings and AwardPermanent DisabilityQualified Medical Evaluator
References
2
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