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

Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
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. MISSING
Regular Panel Decision

Permian Basin Community Centers for Mental Health & Mental Retardation v. Johns

Bob Johns sued Permian Basin Community Centers for Mental Health and Mental Retardation (PBCC) under the Texas Whistleblower Act, claiming wrongful termination after reporting alleged client abuse. Johns, a community living instructor, was suspended and later not rehired after reporting bruises on a resident. PBCC argued Johns was not their employee and failed to exhaust administrative remedies. The jury found in favor of Johns, but on appeal, PBCC contended that Johns failed to meet the jurisdictional prerequisite of exhausting administrative grievance procedures. The appellate court agreed, finding that Johns had not conclusively proven compliance with PBCC's internal grievance procedures, which were a mandatory prerequisite for filing suit under the Act. Consequently, the judgment for Johns was reversed, and the case was remanded to the trial court with orders to dismiss for lack of jurisdiction.

Whistleblower ActPublic EmployeeAdministrative RemediesJurisdictional PrerequisiteRetaliation ClaimWrongful TerminationEmployer-Employee RelationshipIndependent ContractorGrievance ProcedureAbuse Reporting
References
12
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. MISSING
Regular Panel Decision

Spring-Gar Community Civic Ass'n v. Homes for the Homeless, Inc.

The Spring-Gar Community Civic Association, Inc. and J. Clifford Gadsden, representing Springfield Gardens residents, sought a permanent injunction against Homes for the Homeless, Inc. and the City of New York, opposing the establishment of a homeless shelter for 715 individuals. Plaintiffs alleged public and private nuisance, environmental violations under SEQRA and CEQR, and lack of proper community notification. Justice Martha K. Zelman denied the injunction, concluding that the operation of a homeless facility is not a nuisance per se and that the city's obligation to house the homeless, under emergency provisions, allows for immediate action without full environmental review. However, the court found merit in the plaintiffs' claim of insufficient community notice and directed the city to initiate an environmental proceeding. While dismissing the complaint, the court expressed sympathy for the community and urged the Legislature to enact laws promoting greater community involvement and preventing the concentration of large numbers of homeless individuals in single areas.

HomelessnessHousing CrisisPermanent InjunctionNuisance LawEnvironmental LawSEQRACEQRCommunity OppositionSocial Services LawUrban Development
References
17
Case No. 07-02-0011-CV
Regular Panel Decision
May 19, 2003

Cresthaven Nursing Residence v. Freeman

This case involves an appeal in a health care liability claim where the appellees, daughters of Wanda Granger, sued Cresthaven Nursing Residence, Cantex Healthcare Centers, and its general partners for negligence that allegedly resulted in Granger's injury and death. A jury awarded $9 million, which was subject to a statutory damage cap. The appellate court initially found prejudgment interest was not subject to the cap and suggested remittiturs for excessive damages. However, on rehearing, the court modified its decision, aligning with a new Supreme Court ruling that prejudgment interest is included in the damage cap, and affirmed the judgment with an adjusted cap of $1,413,008.13. Key issues included the application of the damage cap, prejudgment interest calculation, spoliation instruction, and expert witness qualification.

Health Care LiabilityMedical MalpracticeNursing Home NegligenceWrongful DeathSurvival ActionDamage CapPrejudgment InterestSpoliation of EvidenceExpert Witness QualificationExcessive Damages
References
39
Case No. 2017-05-0944
Regular Panel Decision
Sep 07, 2018

White, Carole v. Community Care of Rutherford Co.

Carole White filed a Petition for Benefit Determination seeking medical and temporary disability benefits, alleging a mental injury stemming from a hostile work environment. The Court initially found it unlikely that Ms. White would prevail on her claim. Community Care subsequently filed a Motion for Summary Judgment, which Ms. White did not effectively oppose with supporting evidence. The Court ruled that Ms. White failed to provide proof of an identifiable stressful, work-related event producing a sudden mental stimulus, relying instead on a claim of gradual employment stress, which is not compensable under relevant law. Consequently, the Court granted summary judgment in favor of Community Care, dismissing Ms. White's claim with prejudice.

Workers' CompensationSummary JudgmentMental InjuryHostile Work EnvironmentCausationGradual StressProcedural HistoryBenefit DeterminationTennessee LawAppellate Procedure
References
3
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court's judgment that reversed its determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The central legal question involved whether a 1993 Massachusetts conviction for "indecent assault and battery" was "substantially similar" to a reportable Texas sex offense. DPS contended the trial court erred by excluding a police report detailing the victim's allegations and in its "substantial similarity" finding. The appellate court affirmed the district court's judgment, concluding that the elements of the Massachusetts statute were not substantially similar to those of Texas sexual assault, indecency with a child, or related attempted offenses. Therefore, the anonymous resident was not required to register as a sex offender in Texas under SORA, rendering the evidentiary exclusion issue moot.

Sex Offender RegistrationSORASubstantial Similarity TestMassachusetts LawTexas LawCriminal ProcedureSexual AssaultIndecent Assault and BatteryAppellate ReviewStatutory Interpretation
References
19
Case No. 03-02-00570-CV
Regular Panel Decision
Apr 10, 2003

Fleetwood Community Home v. Eric M. Bost, Commissioner, in His Official Capacity And Texas Department of Human Services

Fleetwood Community Home appealed a district court judgment affirming the Texas Department of Human Services' order that terminated Fleetwood's Medicaid certification for a ten-day period. The Department found an immediate and serious threat to residents due to issues like resident aggression, respiratory illness, injuries, inadequate staff training, and lack of appropriate nursing services. Fleetwood argued that the decision was an abuse of discretion and not supported by substantial evidence, claiming it had remedied the deficiencies within the

Medicaid CertificationICF/MR FacilitiesAdministrative Order AppealSubstantial Evidence ReviewAbuse of DiscretionFast-Track TerminationResident Health and SafetyUntrained StaffTexas Court of AppealsMedicaid Regulations
References
18
Case No. 03-98-00022-CV
Regular Panel Decision
Aug 26, 1999

Concho Residential Service, Inc. v. MHMR Services for the Concho Valley A/K/A Concho Valley Center for Human Advancement, in Its Capacity as an Unincorporated Association, Its Capacity as a Mental Retardation Authority, and as a Purported Community MHMR Center

Concho Residential Services, Inc. (CRS) sued MHMR Services for the Concho Valley and 22 others for damages and injunctive relief, alleging statutory and common-law causes of action. The trial court rendered summary judgment, which CRS appealed. The appellate court affirmed the summary judgment in part, finding that community centers are governmental entities entitled to sovereign immunity, thus dismissing antitrust, RICO, DTPA, and common-law tort claims. It also dismissed CRS's claim for injunctive relief due to lack of standing and claims under the Persons with Mental Retardation Act. The summary judgment for Hale County was also affirmed.

Antitrust ImmunityState Action ExemptionSovereign ImmunityMental Health ServicesMental Retardation ServicesCommunity CentersGovernmental EntitiesSummary JudgmentAppellate ReviewStanding
References
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