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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

In re the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. 2020 NY Slip Op 02301 [182 AD3d 821]
Regular Panel Decision
Apr 16, 2020

Matter of Community, Work, & Independence, Inc. v. New York State Off. for People with Dev. Disabilities

This case involves a CPLR article 78 proceeding initiated by Community, Work, and Independence, Inc. (petitioner) to challenge a determination affirming the objection to its proposed discharge of M.D., an individual with developmental disabilities, from day habilitation services. M.D.'s parents objected to the discharge, and an administrative hearing sustained their objection, a decision later affirmed by the Commissioner of the Office for People with Developmental Disabilities. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding that the burden of proof was appropriately placed on the service provider. The court concluded that substantial evidence supported the finding that discharging M.D. was not reasonable, considering his needs, the lack of suitable alternative programs, and despite the petitioner's financial concerns. The court suggested that financial issues for service providers should be addressed by seeking increased funding rather than by discharging individuals.

Developmental DisabilityHCBS WaiverDischarge ServicesAdministrative HearingBurden of ProofSubstantial EvidenceFinancial ConcernsService ProviderMedicaid FundingAutism Spectrum
References
7
Case No. 2019 NY Slip Op 05238 [173 AD3d 1571]
Regular Panel Decision
Jun 27, 2019

Matter of Kriplin (Community Newspaper Group LLC--Commissioner of Labor)

Jonathan Kriplin, a newspaper carrier for Community Newspaper Group LLC (now Community First Holdings, Inc. - CFHI), applied for unemployment insurance benefits after ceasing deliveries. The Department of Labor and an Administrative Law Judge determined that Kriplin and other carriers were employees, making CFHI liable for unemployment insurance contributions. The Unemployment Insurance Appeal Board upheld these findings. The Appellate Division, Third Department, affirmed the Board's decisions, citing substantial evidence of an employment relationship, consistent with prior cases involving CFHI and similar workers. The court dismissed CFHI's arguments regarding independent contractor status and First Amendment rights.

Unemployment InsuranceEmployment RelationshipIndependent ContractorNewspaper CarriersAppellate ReviewSubstantial EvidenceDepartment of LaborUnemployment Insurance Appeal BoardLabor LawFirst Amendment Rights
References
4
Case No. 2021 NY Slip Op 04349 [196 AD3d 560]
Regular Panel Decision
Jul 14, 2021

Membrives v. HHC TRS FP Portfolio, LLC

This class action was initiated by Pedro Membrives and others against HHC TRS FP Portfolio, LLC, and related entities, alleging violations of Labor Law article 6, specifically concerning sections 196-d, 12 NYCRR 146-2.18, and 12 NYCRR 146-2.19. The plaintiffs claimed that the defendants improperly retained administrative fees from catered events without adequately disclosing that these fees were not gratuities. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' motion to dismiss. On appeal, the Appellate Division, Second Department, modified the Supreme Court's order by denying summary judgment to the plaintiffs on the Labor Law § 196-d claim, citing a triable issue of fact regarding the plaintiffs' employee status. However, the Appellate Division affirmed the grant of summary judgment for the plaintiffs concerning the violations of 12 NYCRR 146-2.18 and 146-2.19, as the defendants failed to rebut the presumption that the administrative fees were purported gratuities and did not provide proper disclosure.

Class ActionLabor LawWage and HourGratuityAdministrative FeeEmployee StatusSummary JudgmentAppellate ReviewNYCRRHotel Industry
References
11
Case No. 2020 NYSlipOp 01424
Regular Panel Decision
Feb 27, 2020

Matter of Spratley (New York State Dept. of Corr. & Community Supervision)

Petitioner Wayne Spratley, a correction officer, was suspended without pay and terminated after an off-duty drunken altercation, despite later being acquitted of criminal charges. An arbitrator upheld his termination but granted him full back pay, deeming his suspension retroactively invalid. Spratley sought to confirm this arbitration award, while the New York State Department of Corrections and Community Supervision (DOCCS) cross-moved to partially vacate it. The Supreme Court confirmed the award in its entirety. On appeal, the Appellate Division, Third Department, found that the arbitrator exceeded his authority by awarding back pay, as the collective bargaining agreement (CBA) did not provide for such a retroactive invalidation of an interim suspension. Consequently, the Appellate Division modified the Supreme Court's order, vacating the back pay award, and affirmed the order as modified.

Arbitration AwardPublic Sector EmploymentCollective Bargaining AgreementInterim SuspensionBack Pay DisputeArbitrator's AuthorityDisciplinary ActionCriminal AcquittalCPLR Article 75Appellate Review
References
5
Case No. 2020 NY Slip Op 00661
Regular Panel Decision
Jan 30, 2020

Matter of Enoch v. New York State Dept. of Corr. & Community Supervision

Claimant Robert Enoch, a correction officer, injured his right knee and received workers' compensation benefits. The employer, New York State Department of Corrections and Community Supervision, paid his wages during disability and sought reimbursement from the Workers' Compensation Board. Initially, counsel fees were designated as a lien on the employer's reimbursement credit. However, after Enoch received a schedule loss of use award, the Board modified its prior decision, ruling that the counsel fees should be paid from Enoch's schedule loss of use award instead, to avoid providing a windfall to the claimant and to ensure the employer received full reimbursement. Enoch appealed this modification. The Appellate Division, Third Department, affirmed the Board's decision, finding it a rational exercise of its continuing jurisdiction under Workers' Compensation Law § 123.

Workers' CompensationSchedule Loss of UseCounsel FeesEmployer ReimbursementAdministrative DecisionAppellate ReviewJudicial DiscretionStatutory InterpretationNY Workers' Compensation LawBoard Jurisdiction
References
21
Case No. MISSING
Regular Panel Decision

Yuhas v. Provident Life & Casualty Insurance

Deborah Yuhas sued Provident Life and Casualty Insurance Company under ERISA for long-term disability benefits, claiming physical disability. Yuhas, a graphic designer, initially received benefits for a mental condition, which ceased after 24 months due to policy limitations. She subsequently appealed, claiming physical disabilities from a car accident, leading to a retroactive award of benefits for a specific period (October 1991 through May 1993) but no further benefits. Provident repeatedly denied her claim for benefits beyond May 1993, citing lack of objective physical disability and the expiration of appeal periods. Yuhas filed suit in September 2000, but the court granted Provident's motion for summary judgment, ruling that her claim was barred by the three-year statute of limitations, which had accrued by December 13, 1993, at the latest.

ERISALong Term Disability BenefitsSummary JudgmentStatute of LimitationsAccrual of Cause of ActionDisability Insurance PolicyMental DisorderPhysical InjuryAppeals ProcessRepudiation of Claim
References
13
Case No. 2024 NY Slip Op 00844 [224 AD3d 1079]
Regular Panel Decision
Feb 15, 2024

Matter of Cross v. New York State Dept. of Corr. & Community Supervision

Brenda Cross, the claimant, established a workers' compensation claim for knee and ankle injuries from a 2020 work accident. The employer's carrier required her to use contracted providers for diagnostic testing. After an approved MRI for her right ankle was performed by a non-contracted provider, the carrier objected to payment. The WCLJ and Workers' Compensation Board sided with the carrier but found claimant not responsible for the bill. Cross appealed, but the Appellate Division, Third Department, dismissed the appeal, ruling that Cross lacked standing as she was not aggrieved, since she was not responsible for the medical bill and any dispute over reimbursement rates was between the provider and the carrier.

Workers' Compensation ClaimMedical Bill DisputeDiagnostic TestingContracted ProvidersStanding (Law)Aggrieved PartyAppeal DismissedWorkers' Compensation Board DecisionAppellate DivisionMedical Reimbursement
References
2
Case No. MISSING
Regular Panel Decision

CHIMBAY v. AvalonBay Communities, Inc.

Plaintiff Jose Chimbay sued AvalonBay Communities, Inc. and DaVinci Construction of Nassau, Inc. for injuries sustained after falling from an elevated work surface at a construction site, asserting claims under New York Labor Law §§ 200, 240, and 241. DaVinci filed a cross-claim against AvalonBay, and a third-party complaint against Gold Star Construction, Inc. (Plaintiff's employer) and Burlington Insurance Company. The court addressed four summary judgment motions: Plaintiff's motion for partial summary judgment on Labor Law claims, AvalonBay's motion against DaVinci for breach of contract and indemnification, DaVinci's motion against Burlington for coverage, and Burlington's motion against DaVinci for no obligation to provide coverage. The court granted Plaintiff's motion, finding defendants liable under Labor Law § 240(1) for failing to provide safety devices. It denied AvalonBay's indemnification and breach of contract motions due to factual disputes regarding negligence and insurance procurement. Finally, the court granted Burlington's motion for summary judgment against DaVinci, concluding that Burlington's insurance policy unambiguously excluded coverage for employees of any insured, despite DaVinci's arguments regarding timely notice and "insured contracts".

Labor LawSummary JudgmentNegligenceContractual IndemnificationCommon Law IndemnificationBreach of ContractInsurance CoverageCross-Liability ExclusionTimely NoticeConstruction Accident
References
56
Case No. MISSING
Regular Panel Decision

C.N.S., Inc. v. Connecticut General Life Insurance

This case involves cross-motions for summary judgment concerning a dispute over retiree medical benefits provided by AlliedSignal, Inc. The plaintiffs, C.N.S., Inc. d/b/a Community Nursing Services (CNS) and Gloria Steiner, challenged the denial of benefits for nursing services and the hourly rate. The Court dismissed claims against Connecticut General Life Insurance Company (CGLIC) as it had no duty to pay benefits. The Court granted summary judgment to defendants regarding the reduction of nursing service payments from $100 to $55 per hour, finding the administrator's decision reasonable due to plaintiffs' failure to provide justification. However, the Court denied both parties' motions for summary judgment concerning the termination of benefits for around-the-clock nursing care, citing a genuine issue of material fact regarding the reasonableness of that decision.

ERISAEmployee BenefitsRetiree Medical PlanSummary Plan DescriptionPlan Administrator DiscretionBenefit DenialSummary JudgmentArbitrary and Capricious StandardOut-of-Network BenefitsNursing Services
References
7
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