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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

Kelley v. Lynaugh

This case involves appeals and cross-appeals concerning the validity of various absentee and special ballots cast in a November 5, 2013, general election for Councilmember, 4th Council District, Town of Brookhaven. Constance M. Kepert appealed parts of a Supreme Court order, and Michael A. Loguercio, Jr., cross-appealed other parts. The appellate court modified the lower court's determinations regarding the casting and canvassing of specific ballots. The modifications were based on voter intent derived from ballot markings, as well as adherence to Election Law regarding signature verification and timely ballot receipt. Ultimately, the court directed the Suffolk County Board of Elections not to cast or canvass ballots designated as exhibits 2, 8, and 17, and to cast and canvass ballots designated as exhibits 3, 6, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, and 24.

Election DisputeBallot ValidityVoter IntentAbsentee BallotsSpecial BallotsCanvassing ProceduresElection Law Article 16Suffolk County ElectionsAppellate ReviewGeneral Election 2013
References
8
Case No. MISSING
Regular Panel Decision

In Re Sterling Die Casting Co., Inc.

This case involves an appeal by Local 365 United Auto Workers Welfare and Pension Fund (the Fund) against Sterling Die Casting Company regarding the avoidance of a judgment lien under 11 U.S.C. § 547(b)(l)(4). The central issue is whether New York State practice regarding the docketing of judgments discriminates against federal court judgments. The Fund argued that its lien was created on the date of judgment in federal court, while Sterling contended it was created upon docketing with the county clerk, which fell within the 90-day preference period before its Chapter 11 bankruptcy filing. The District Court affirmed the Bankruptcy Judge's decision, holding that New York's C.P.L.R. 5018(b) does not discriminate and that a lien is established only upon filing a transcript with the county clerk, serving the practical need for centralized record-keeping.

Judgment LienBankruptcy Code Section 547(b)(l)(4)Federal vs. State JudgmentsNew York Civil Practice Law and Rules 5018(b)28 U.S.C. Section 1962Docketing JudgmentsProperty LienSupremacy ClauseRetroactive DocketingEastern District of New York
References
6
Case No. MISSING
Regular Panel Decision

Brayley v. Doehler-Jarvis Castings Division of NL Industries, Inc.

Petitioners, employees of Doehler-Jarvis Castings Division, faced plant closure in 1982 and chose enhanced retirement benefits over severance pay. They later commenced a proceeding under Executive Law § 296, alleging age discrimination after a second offer of severance was declined. The Administrative Law Judge's recommendation to dismiss for failure to prosecute was upheld by the Supreme Court and Executive Deputy Commissioner of SDHR. The court affirmed the dismissal, finding the severance plan was an employee welfare benefit plan preempted by ERISA, not falling under the Fort Halifax exception as it required ongoing administrative discretion. Furthermore, it concluded the plan did not violate the ADEA under the then-controlling Betts precedent, as the employment termination was unrelated to age.

Age DiscriminationERISA PreemptionSeverance PayRetirement BenefitsFailure to ProsecuteAdministrative Law JudgeOlder Workers Benefit Protection ActEmployee Welfare Benefit PlanManagerial DiscretionExecutive Law
References
10
Case No. MISSING
Regular Panel Decision

Cast Optics Corp. v. Textile Workers Union

Cast Optics Corp. sought a preliminary injunction against the Textile Workers Union of America (TWUA), the American Arbitration Association, and arbitrator Benjamin Wolfe to prevent a decision in a labor dispute. The dispute arose after the TWUA engaged in a job action and subsequent strike, leading the company to cease recognizing the union. The company argued the dispute was not arbitrable, citing reasons such as the union's alleged material breach of the no-strike clause, NLRB primary jurisdiction, waiver due to late filing, laches, and jurisdictional issues under the U.S. Arbitration Act. The District Court denied the company's motion, concluding that its arguments lacked merit and that issues concerning contract repudiation and procedural arbitrability were for the arbitrator to decide.

Labor DisputeArbitrationPreliminary InjunctionCollective Bargaining AgreementNo-Strike ClauseRepudiation of ContractNLRB JurisdictionProcedural ArbitrabilityLachesUnited States Arbitration Act
References
13
Case No. ADJ8222803
Regular
Aug 05, 2019

Terry Lasko vs. Entertainment Partners, AIG, Cast & Crew, Zurich North America, Universal Studios, Paramount Pictures

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision regarding contribution between two employers, Entertainment Partners and Cast & Crew. The WCAB modified the award, ordering Cast & Crew to contribute to future medical care for the applicant's left shoulder, finding substantial evidence of industrial injury. However, the WCAB affirmed the arbitrator's denial of Cast & Crew's contribution for temporary disability and future medical care for GERD, constipation, and high blood pressure due to insufficient evidence of industrial causation for those conditions. One commissioner dissented, arguing for Cast & Crew's contribution to future medical care for the internal conditions.

Cumulative TraumaContribution PetitionLabor Code Section 5500.5Compromise and ReleaseFuture Medical CareApportionmentPanel Qualified Medical EvaluatorSubstantial Medical EvidenceNon-Industrial InjuryIndustrial Injury
References
10
Case No. ADJ8222803
Regular
Jul 30, 2018

TERRY LASKO vs. ENTERTAINMENT PARTNERS; AIG, Cast & Crew Entertainment Services

This case involves a petition for contribution where Entertainment Partners seeks reimbursement from Cast & Crew for benefits paid to an applicant. The original arbitrator awarded Entertainment Partners $95,565.17 but denied Cast & Crew liability for future medical care. Entertainment Partners contends the arbitrator erred by arbitrarily allocating $7,500 to an unpled specific injury and by denying them contribution for temporary disability. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings due to the arbitrator exceeding his authority by making an unsubstantiated allocation.

Labor Code Section 5500.5ContributionPetition for ReconsiderationFindings and AwardCompromise and ReleaseCumulative TraumaFuture Medical CareArbitrator AuthorityTemporary DisabilitySpecific Injury
References
5
Case No. ADJ6746759; ADJ6746764
Regular
Oct 17, 2014

JEANNE VAN PHUE vs. ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PA, administered by CNA CLAIMSPLUS, CAST & CREW, ZURICH NORTH AMERICA

This case concerns defendant Cast & Crew's petition for reconsideration of an arbitrator's award finding their insured's employee's hypertension, psychiatric injury, knee injury, and back injury, among other issues, to be related to a specific October 13, 2013 injury. The Board granted reconsideration to further review the case. After review, the Board has decided to vacate the order granting reconsideration and deny Cast & Crew's petition, adopting the arbitrator's original findings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardHypertensionPsychiatric InjuryKnee ReplacementPermanent DisabilityTemporary DisabilityMedical TreatmentSpecific Injury
References
0
Case No. ADJ201545
Regular
Jun 30, 2015

GEORGE ZAMORA vs. ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, CNA CLAIMS PLUS, CAST AND CREW ENTERTAINMENT, INC., ZURICH NORTH AMERICA

This case involves a Petition for Reconsideration by Defendant Cast & Crew concerning a workers' compensation award. The petitioner argued the Statute of Limitations barred contribution claims and sought to avoid future liability. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's reasoning. The WCJ found that contribution claims were not time-barred, citing case law that distinguishes enforcing an existing award from determining initial apportionment. Therefore, Cast & Crew's petition was denied as they were aware of their ongoing liability.

WORKERS' COMPENSATION APPEALS BOARDGEORGE ZAMORAENTERTAINMENT PARTNERSAMERICAN CASUALTY COMPANYCNA CLAIMS PLUSCAST AND CREW ENTERTAINMENTZURICH NORTH AMERICAPetition for ReconsiderationWCJCal. Code Regs. tit. 8 § 10848
References
1
Case No. MISSING
Regular Panel Decision
Dec 08, 2010

Johnson v. Martins

This appellate decision concerns two related proceedings initiated by Craig M. Johnson and Jay Jacobs following a 2010 general election for State Senator in New York's 7th Senatorial District. The petitioners sought to review the validity of various ballots and compel a manual audit of voter verifiable records. The Supreme Court, Nassau County, denied a manual audit and made rulings on specific challenged ballots. On appeal, the court dismissed appeals from interim decisions but modified the final order. The appellate court directed the Nassau County Board of Elections to cast and canvass certain absentee ballots (exhibits 33, 154, 166) while prohibiting the casting of others (exhibits 8, 127, 182, 183). The denial of the manual audit by the Supreme Court was affirmed.

Election LawBallot AuditAbsentee BallotsVoter Verifiable RecordsGeneral ElectionState SenatorNassau County ElectionsJudicial ReviewElection ContestBallot Canvassing
References
20
Case No. 2020 NY Slip Op 01880 [181 AD3d 1133]
Regular Panel Decision
Mar 16, 2020

Matter of Barrera v. Corinthian Cast Stone, Inc.

Claimant Jesus Barrera sustained a work-related injury in 2002, leading to a schedule loss of use award. The employer and its workers' compensation carrier sought a transfer of liability for the claim under Workers' Compensation Law § 25-a. A Workers' Compensation Law Judge denied this request, prompting the carrier to file an application for Board review. The Workers' Compensation Board denied the application, citing the carrier's failure to comply with 12 NYCRR 300.13 (b) by not fully completing the application, specifically by omitting the date when the objection was interposed. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as the carrier failed to satisfy the temporal element of the regulation.

Workers' Compensation LawAdministrative ReviewProcedural ComplianceApplication for Board ReviewWorkers' Compensation Board RulesAppellate JurisdictionTransfer of Liability (WCL § 25-a)Schedule Loss of UseTimeliness of ObjectionsRegulatory Interpretation
References
11
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