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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
Jul 09, 2002

Saunders v. New York City Health & Hospitals Corp.

This case involves an order and judgment from the Supreme Court, New York County, concerning a proceeding under CPLR article 78. The petition was granted to the extent of enjoining the respondent from appointing temporary employees in disregard of Civil Service Law § 64 (1) and directing an amendment to its policy regarding Civil Service Law § 75 (1) (c) to include part-time employees. However, the application for lost wages and benefits on behalf of petitioner Patino was denied. The court unanimously affirmed the decision, stating that the injunctive relief was properly granted as the respondent failed to articulate an important need for open-ended temporary employment consistent with Civil Service Law. The court also rejected the argument that Civil Service Law § 75 (1) (c) applies only to full-time employees, affirming that no hearing was required for Patino's termination under the applicable collective bargaining agreements.

Temporary EmployeesCivil Service LawInjunctive ReliefPart-time EmployeesLost WagesCollective Bargaining AgreementsTerminationPublic PolicyJudicial ReviewAdministrative Law
References
4
Case No. MISSING
Regular Panel Decision

New York Charter School Ass'n v. Smith

This case involves appeals from two Supreme Court judgments concerning the applicability of Labor Law article 8's prevailing wage provisions to construction, renovation, repair, and maintenance projects undertaken by charter schools. Initially, the Department of Labor (DOL) had issued an opinion that charter school contracts were not subject to these provisions but reversed its stance in 2007. Various charter schools and related entities challenged this new determination, but the Supreme Court dismissed their applications, ruling in favor of DOL. On appeal, the court applied the two-part Erie County test, including modifications from a 2007 statutory amendment, to determine if the projects were subject to prevailing wage laws. The appellate court concluded that charter agreements do not satisfy the requirements of a contract for public work involving laborers, workers, or mechanics, thus reversing the lower court's judgments and declaring charter schools exempt from Labor Law article 8's prevailing wage provisions.

Charter SchoolsPrevailing Wage LawLabor Law Article 8Public Work ProjectsDeclaratory JudgmentCPLR Article 78Educational CorporationsStatutory InterpretationLegislative IntentErie County Test
References
4
Case No. MISSING
Regular Panel Decision

Claim of Capodagli v. West Seneca Central School District

This case involves an appeal from a Workers' Compensation Board decision concerning the applicability of Workers’ Compensation Law § 25-a to a claimant's award of benefits. The claimant was injured in October 2003, received benefits, and the case was closed. The employer later sought to shift liability to the Special Fund for Reopened Cases. The Special Fund requested claimant's testimony regarding advance payments of compensation, which was denied by the Workers' Compensation Law Judge, who determined liability shifted. The Board affirmed. The appellate court found that the Board's decision was not supported by substantial evidence because the record lacked information on whether the claimant performed light or limited duties while receiving full wages, which could prevent the shifting of liability. The decision was reversed, and the matter remitted for further proceedings.

Workers' CompensationSpecial Fund for Reopened CasesSection 25-aAdvance PaymentsLiability ShiftMedical TreatmentLight Duty WorkSubstantial EvidenceRemittalAppellate Review
References
5
Case No. WCB Case No. G069 6605
Regular Panel Decision
Aug 24, 2017

The Matter of the Claim of Kanye Khalid Green v. Dutchess County BOCES

This case involves Angel Vazquez, the applicant, and New York City Transit Authority, the employer, with the Commissioner of Taxation and Finance as the Special Funds Conservation Committee. The issue at hand is the employer's request for reimbursement from the Special Funds Conservation Committee under Workers' Compensation Law §15(8)(d). The Board Panel found that the employer failed to demonstrate a good faith effort to resolve the claim prior to the hearing, specifically regarding a claim for an accidental injury. The decision of the Workers' Compensation Law Judge, which denied the employer's request for reimbursement, was affirmed. The Board also noted that the employer's application for review did not comply with the requirements of 12 NYCRR 300.13(b)(1).

Workers' Compensation Law §15(8)(d)Special Funds Conservation CommitteeReimbursement claimGood faith effortAccidental injuryBoard Panel decisionAffirmation of WCJ decision12 NYCRR 300.13(b)(1)Pre-hearing resolutionEmployer liability
References
6
Case No. MISSING
Regular Panel Decision
Apr 25, 2000

Claim of Davis v. T.J. Madden Construction Co.

Claimant suffered two work-related knee injuries in 1988 and 1992, leading to separate compensation cases. In April 1999, an application to reopen the 1988 case was filed, supported by a medical report indicating a change in the claimant's condition. The carrier for the 1988 case sought to shift liability to the Special Fund for Reopened Cases and requested reopening of the 1992 case. The Workers' Compensation Board reversed a Law Judge's decision, discharging the Special Fund from liability and placing Travelers Property Casualty (1992 carrier) back on notice. The Appellate Division affirmed the Board's decision, finding that the April 1999 medical report, despite explicitly referencing only the 1988 case, constituted sufficient notice to reopen the interconnected 1992 case within the seven-year statutory period.

Workers' CompensationSpecial Fund for Reopened CasesLiability ShiftStatute of LimitationsMedical Report as NoticeChange in ConditionKnee InjuryApportionmentBoard DecisionAppeal
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

Coyne Electrical Contractors, Inc. v. United States (In Re Coyne Electrical Contractors, Inc.)

This case addresses whether a New York Lien Law "trust fund" beneficiary’s claim to priority payment under Lien Law Section 71(2)(d) is preempted by ERISA. The applicant, The Joint Industry Board of the Electrical Industry and its Participating Funds (JIB), sought priority payment from funds held by the debtor, asserting a claim for unpaid benefits. The defendant, A-J Contracting, Inc. (A-J), challenged this, arguing ERISA preemption, specifically that the Lien Law provided an "alternative enforcement mechanism" forbidden by ERISA. The court reviewed federal preemption doctrine and ERISA's objectives, ultimately concluding that Section 71(2)(d) does not create such a mechanism as it confirms existing employer liability rather than shifting it. Therefore, the court found that ERISA does not preempt JIB's assertion of priority rights under Lien Law Section 71(2)(d).

ERISA preemptionLien Law trust fundpriority disputeunpaid employee benefitsbankruptcy estatedebtor liabilityconstruction subcontractsfederal supremacystatutory interpretationcollective bargaining agreement
References
29
Case No. MISSING
Regular Panel Decision

Claim of Daquino v. East Meadow School District

Claimant suffered an employment-related knee injury in 1999, undergoing surgeries and receiving wages from his employer. His attorney later filed for further workers' compensation benefits, and the case was indexed by the Board in 2007. A Workers' Compensation Law Judge determined liability had shifted to the Special Fund for Reopened Cases, a decision subsequently affirmed by the Board. The Special Fund appealed, contending that informal wage payments and subsequent submissions by the claimant precluded the application of Workers' Compensation Law § 25-a. The appellate court reversed the Board's decision, finding it erred by solely relying on the indexing date, and remitted the matter for further findings on whether the claimant's submissions constituted applications to reopen the case.

Workers' CompensationSpecial Fund for Reopened CasesInformal AwardCase ReopeningStatute of LimitationsAppellate ReviewRemittalSchedule Loss of UseWage ReimbursementBoard Review
References
7
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. MISSING
Regular Panel Decision

Matter of Palazzolo v. Dutchess County

Claimant sustained a work-related injury to her left arm in July 2000. Although no lost wages were claimed initially, diagnostic tests were authorized, and issues of permanency and average weekly wages remained unresolved, with a directive for the employer to provide payroll records. In 2013, after claimant sought further medical treatment, the employer requested to transfer liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a, arguing the statutory time limits had elapsed. A Workers’ Compensation Law Judge denied this request, finding the case was never truly closed due to outstanding issues and unfulfilled directives. The Workers’ Compensation Board affirmed this decision, which was subsequently appealed. The appellate court affirmed the Board’s determination, concluding that substantial evidence supported the finding that further proceedings were contemplated, thus preventing the case from being considered truly closed for the purpose of shifting liability.

Workers' CompensationSpecial Fund for Reopened CasesLiability TransferCase ClosureOutstanding IssuesPermanency DeterminationAverage Weekly WagesPayroll RecordsAppellate ReviewNew York Labor Law
References
7
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