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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

State v. International Fidelity Insurance

The State (plaintiff) sought summary judgment against International Fidelity Insurance Company (IFIC) (defendant) to recover on surety bonds issued for Golden Distributors, LTD, after Golden's checks for cigarette tax stamps were dishonored. IFIC claimed the bonds were terminated via certified mail in 1989, but the Department of Taxation and Finance denied receipt. The court ruled that IFIC's failure to produce certified mail return receipts or white slips was fatal to their claim of "presumption of receipt" and that their office procedures were insufficient to establish proper mailing. Furthermore, the State's destruction of mail logs, done routinely, did not constitute spoliation as IFIC had not shown the logs were relevant to foreseeable litigation at the time of destruction. Consequently, the State's motion for summary judgment was granted, and IFIC's cross-motion was denied.

Summary JudgmentSpoliation of EvidenceCertified MailPresumption of ReceiptBond CancellationTax LawInsurance LawOffice ProceduresBurden of ProofEvidence Destruction
References
14
Case No. M1998-00938-COA-R3-CV
Regular Panel Decision
Jul 19, 2001

Rhonda Lowrimore v. Certified Industries, Inc.

This appeal concerns an award of front pay damages in a retaliatory discharge case. Rhonda Lowrimore, an employee, filed suit against Certified Industries, Inc., alleging she was discharged in retaliation for filing workers' compensation claims. A jury awarded back pay and punitive damages, and the trial court subsequently awarded front pay in lieu of reinstatement. On appeal, the employer challenged the entitlement and amount of the front pay award. The Court of Appeals affirmed the employee's entitlement to front pay but reduced the award due to a computational error, modifying it from $36,327 to $25,429.

Retaliatory DischargeWorkers' CompensationFront Pay DamagesBack PayPunitive DamagesEmployment LawMitigation of DamagesWage DifferentialAppellate ReviewJudicial Error
References
37
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

United States v. Certified Environmental Services, Inc.

Following a nine-day trial, defendants Certified Environmental Services, Inc. (CES), Nicole Copeland, Sandy Allen, and Elisa Dunn were found guilty of multiple charges including conspiracy, Clean Air Act violations, mail fraud, and false statements related to improper asbestos abatement. Co-defendant Frank Onoff pleaded guilty to conspiracy. The court held a hearing to determine restitution amounts owed to victims, as CES facilitated illegal "rip-and-run" asbestos removal by other contractors, Aapex and Paragon, through improper air monitoring. The court determined a total loss of $117,101.96, which was then apportioned among the defendants based on their contribution and economic circumstances, leading to specific restitution orders for each convicted party.

Asbestos AbatementClean Air Act ViolationsToxic Substances Control ActMail FraudConspiracyFalse StatementsRestitution OrderEnvironmental CrimesCorporate LiabilitySupervisory Role
References
8
Case No. MISSING
Regular Panel Decision

New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity

The New York Times Company initiated a contempt action against the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) and three union officials (Douglas LaChance, Lawrence May, Monte Rosenberg). The action stemmed from the defendants' alleged violation of a June 4, 1980 consent order, which mandated compliance with "status quo" rulings by an Impartial Chairman in collective bargaining disputes. On September 17, 1980, NMDU members engaged in a work stoppage following an employee's suspension, despite an Impartial Chairman's ruling that the suspension did not alter the status quo and ordering a return to work. The court found NMDU and Lawrence May guilty of contempt, ordering them to pay $229,718 in compensatory damages to the Times. However, the court denied the application for contempt against Douglas LaChance and Monte Rosenberg, and also denied the Times' request for a prospective fine.

Labor DisputeContempt of CourtNo-Strike ClauseArbitrationCollective Bargaining AgreementWork StoppageDamagesUnion LiabilityWildcat StrikeStatus Quo Ruling
References
11
Case No. W2007-02611-COA-R9-CV
Regular Panel Decision

Hall v. Haynes

This medical malpractice case concerns the effectiveness of service of process on an individual physician and a medical corporation in Tennessee. The plaintiffs, Billy R. Hall and Billie Gail Hall, sued Dr. Douglas B. Haynes, Jr. and MedSouth Healthcare, P.C. for alleged negligence. The core issue on appeal was whether various employees who accepted process, either in person or by certified mail, were authorized agents. The Supreme Court affirmed the Court of Appeals' judgment, holding that the employees were not authorized agents, and clarified that the authority to sign for certified mail does not automatically confer authority to accept service of process. Consequently, the one-year statute of limitations had run, leading to summary judgment for the defendants.

Medical MalpracticeService of ProcessAgency LawCivil ProcedureSummary JudgmentStatute of LimitationsAuthorized AgentCertified MailCorporate LiabilityImplied Authority
References
41
Case No. MISSING
Regular Panel Decision

People v. Gans

This court opinion addresses whether a certified social worker can be qualified as an expert witness to provide testimony regarding a defendant's mental capacity to proceed and future competency. The defense sought to qualify Hillel Bodek, a certified social worker specializing in forensic clinical social work, as an expert witness for these purposes. The court meticulously reviewed the qualifications of clinical social workers, acknowledging their critical role in the diagnosis of mental disorders, including their involvement in the development of the DSM III. Despite statutory provisions in CPL article 730 outlining who may serve as psychiatric examiners, the court emphasized that other appropriately trained and experienced experts can also offer testimony on competence. Ultimately, the court ruled in the affirmative, concluding that certified social workers with demonstrated training and supervised clinical experience in diagnosis and capacity assessment are qualified to provide expert testimony on these crucial issues.

Expert Witness QualificationCertified Social WorkerMental Capacity AssessmentCompetency to ProceedForensic Mental HealthDiagnostic AssessmentPrognostic StatementsCriminal Procedure Law Article 730DSM IIINon-Medical Expert Testimony
References
13
Case No. 2024 NY Slip Op 05361
Regular Panel Decision
Oct 30, 2024

Rogers v. Peter Scalamandre & Sons, Inc.

The plaintiff, Michael Rogers, an employee of Certified Interiors, Inc., sustained personal injuries at a construction site when a boom lift he was operating suddenly malfunctioned. Rogers initiated an action against Peter Scalamandre & Sons, Inc., the general contractor, alleging violations of Labor Law §§ 240(1) and 241(6). Scalamandre subsequently filed a third-party action against Certified for contractual indemnification and breach of contract for failure to procure insurance. The Supreme Court granted Rogers' motion for summary judgment on Labor Law § 240(1) and largely denied other motions. The Appellate Division modified the Supreme Court's order by granting Certified's motion to dismiss the contractual indemnification claim, deeming it void under General Obligations Law § 5-322.1 due to Scalamandre's negligence, and otherwise affirmed the lower court's rulings.

Personal InjuryConstruction AccidentBoom Lift MalfunctionLabor Law § 240(1)Labor Law § 241(6)General Obligations Law § 5-322.1Contractual IndemnificationSummary JudgmentAppellate ReviewThird-Party Action
References
32
Case No. 14-07-00239-CV
Regular Panel Decision
Nov 04, 2008

Douglas Ashworth v. Richard Brzoska

This case concerns the reversal and remand of a post-answer default judgment against appellant Douglas Ashworth. Ashworth failed to appear for trial, claiming he did not receive notice due to an un-updated mailing address. The trial court denied his motion for a new trial, asserting his non-appearance was due to his failure to update his address. The appellate court found that the trial court abused its discretion, concluding that Ashworth's failure to update his address and subsequent non-appearance were not intentional or a result of conscious indifference, primarily because he believed the lawsuit had been resolved. The court also noted a lack of evidence that the trial setting notice was properly mailed by certified or registered mail. The judgment is reversed, and the cause is remanded for a new trial.

Default JudgmentNew Trial MotionNotice of TrialPro Se LitigantAbuse of DiscretionCraddock TestMailing AddressAppellate ReviewCivil ProcedureDue Process
References
35
Case No. MISSING
Regular Panel Decision
Feb 02, 1987

Claim of Betances v. Hexreed Industries, Inc.

This case concerns an appeal from a Workers’ Compensation Board decision, filed on February 2, 1987, which found the State Insurance Fund (SIF) not liable for compensation benefits to a claimant. The employer, Hexreed Industries, Inc., and the Uninsured Employers’ Fund (appellants) challenged SIF’s cancellation of Hexreed’s workers’ compensation policy, effective January 5, 1980, for nonpayment of premium. The core issue was whether SIF complied with Workers’ Compensation Law § 54 (5) regarding the mailing of cancellation notices via certified or registered mail with a return receipt. Appellants argued that SIF failed to produce a return receipt and that a discrepancy existed in its mailing manifest. However, the Board credited testimony from SIF's senior underwriter regarding standard office procedures for cancellations. The appellate court affirmed the Board's decision, ruling that the failure to produce a return receipt does not preclude a finding of proper cancellation and that the statutory requirement of a specified date refers to the cancellation date itself, not the filing date.

Workers' Compensation InsurancePolicy CancellationNotice of CancellationCertified MailReturn ReceiptStatutory ComplianceMailing ProceduresWorkers' Compensation BoardAppellate ReviewEmployer Liability
References
8
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