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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jan 09, 2003

Almonte v. Western Beef, Inc.

Ramon Almonte was injured in a workplace accident involving a garbage compactor and received workers’ compensation benefits as an employee of Western Beef, Inc. He and his wife later sued Western Beef, Western Beef Retail, Inc., and Western Beef-Metropolitan Avenue, Inc., for personal injuries. Western Beef was dismissed due to workers' compensation exclusivity. Western Beef Retail and Western Beef-Metropolitan Avenue, Inc. moved for summary judgment, arguing worker's compensation bar or corporate dissolution, respectively. The Supreme Court denied their motion. On appeal, the order was modified to grant summary judgment for Western Beef-Metropolitan Avenue, Inc., as it was dissolved before the accident. The denial of summary judgment for Western Beef Retail was affirmed, as its alter ego argument was not properly raised and lacked sufficient evidence.

Personal injurySummary judgmentCorporate dissolutionAlter ego doctrineEmployer liabilityAppellate reviewConsolidated actionWorkplace accidentGarbage compactorExclusivity defense
References
10
Case No. MISSING
Regular Panel Decision

Western Elec. Co., Inc. v. COMMUNICATIONS WKRS., ETC.

This action involves Western Electric Company's motion for summary judgment to vacate a labor arbitrator's opinion and award, and Communications Workers of America's (CWA) cross-motion for compliance. The dispute arose from Western Electric's unilateral changes to travel compensation routes for its installers in the New York area, which CWA argued violated a collective bargaining agreement and a local understanding. The arbitrator ruled in favor of CWA, concluding that Western Electric was estopped from making the revisions due to misrepresentations made during negotiations. The District Court, exercising a narrow scope of review, found that the arbitrator's award drew its essence from the collective bargaining agreement and past practices, ultimately denying Western Electric's motion and enforcing the arbitrator's decision.

Labor DisputeCollective BargainingArbitration AwardSummary JudgmentContract InterpretationEstoppelTravel CompensationRoute RevisionsUnion NegotiationsPast Practice
References
17
Case No. MISSING
Regular Panel Decision

Smith v. CONWAY ORGANIZATION, INC.

Plaintiff Sharon Smith, a black woman, sued The Conway Organization, Inc. for racial discrimination under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging she was not hired due to her race. Conway moved for summary judgment, asserting an 'after-acquired evidence' defense, claiming Smith misrepresented her employment history on her application. The court examined the circuit split on whether after-acquired evidence bars liability or only affects remedies in discrimination cases. Following precedents that limit such evidence to the remedies stage, the court denied Conway's motion for summary judgment, concluding that after-acquired evidence is not admissible to determine liability.

Racial DiscriminationEmployment DiscriminationTitle VIICivil Rights Act of 1964After-Acquired EvidenceSummary Judgment MotionResume FraudFailure to HireBurden of ProofPrima Facie Case
References
26
Case No. MISSING
Regular Panel Decision

Claim of Colin v. Express Private Car & Limousine Service, Inc.

The claimant, a for-hire driver, filed for workers' compensation benefits after an automobile accident, naming Express Private Car & Limousine Service, Inc. and Yolette Kernisan as employers. The Workers’ Compensation Board ruled the claimant was an independent contractor of Express. On appeal, the court modified the Board's decision, reversing the finding that the claimant was not an employee of Yolette Kernisan and remitting the matter for further consideration regarding Kernisan's relationship with the claimant, citing an improper control standard. However, the court affirmed the Board's finding of no employment relationship with Express, supported by substantial evidence regarding drivers supplying their own vehicles and expenses, and ability to work for other companies.

Workers' CompensationEmployment RelationshipIndependent ContractorAutomobile AccidentRadio-Dispatched Car ServiceVehicle OwnershipControl TestRemittalAppellate ReviewLabor Law
References
4
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. American Express Publishing Corp.

The Equal Employment Opportunity Commission (EEOC) filed an action against American Express Publishing Corporation, alleging age discrimination in the termination of J. Stewart Lahey's employment, violating the ADEA. American Express moved for summary judgment, arguing Lahey had released his ADEA claim by signing an agreement for severance pay. A previous summary judgment motion was denied due to factual issues regarding the knowing and voluntary nature of the release. The court, applying factors such as Lahey's education, time to review the agreement, role in negotiation, and clarity of terms, found that while some factors favored dismissal, significant factual disputes remained. These disputes include the actual time Lahey possessed the release, whether he genuinely negotiated its terms, and the extent and understanding of the consideration received. Therefore, the court denied American Express's renewed motion for summary judgment, concluding these issues require a trial.

Age DiscriminationEmployment TerminationRelease AgreementSummary JudgmentVoluntary WaiverKnowing WaiverSeverance PayFactual DisputeADEAEmployee Rights
References
4
Case No. MISSING
Regular Panel Decision
May 12, 1998

Conway v. Beth Israel Medical Center

Timothy Conway, a construction worker, was injured while stepping on an A-Frame dolly in a storage room owned by Beth Israel Medical Center, causing him to fall. He appealed an order from the Supreme Court, Rockland County, which granted Beth Israel's motion for summary judgment dismissing the complaint. The appellate court affirmed the dismissal of the Labor Law § 200 claim due to insufficient evidence of Beth Israel's direction or control over Conway's work and because the danger was readily apparent. The Labor Law § 240 claim was also dismissed as the injury did not involve an elevation-related risk. Finally, the Labor Law § 241 (6) claim was dismissed because the Industrial Code provisions relied upon (12 NYCRR 23-1.7 [e] [1] and [2]) were not applicable, as the storeroom was not a "passageway" or "working area" and the dolly was not a "scattered tool".

Personal injuryConstruction accidentLabor LawSummary judgmentWorkplace safetyA-Frame dollyElevation riskIndustrial Code violationRockland County Supreme CourtAppellate Division
References
13
Case No. MISSING
Regular Panel Decision

Dorato v. Blue Cross of Western New York, Inc.

George Dorato (plaintiff) sued Blue Cross of Western New York (defendant), also known as HealthNow, Inc., doing business as Blue Cross & Blue Shield of Western New York, after his health insurance benefits for a herniated disk were denied. Dorato's workers' compensation claim, which alleged a work-related injury, resulted in a $80,000 Section 32 settlement agreement, although his claim was officially 'disallowed' by the Workers' Compensation Board. HealthNow denied benefits citing a contract exclusion for injuries where payment is available under Workers' Compensation Law, arguing the settlement constituted such payment. Dorato moved for summary judgment, seeking a de novo review and asserting collateral estoppel, and also moved to amend his complaint to recharacterize his claims under ERISA. The court applied an 'arbitrary and capricious' standard of review to HealthNow's decision, noting the contract's discretionary authority. The court found that collateral estoppel did not apply due to lack of identical issues and HealthNow's inability to participate in the WCB proceedings. Ultimately, the court granted HealthNow's motion for summary judgment, ruling that their interpretation of the contract's exclusion was rational and not arbitrary or capricious. Dorato's motions were consequently denied as futile.

ERISAWorkers' CompensationHealth InsuranceSummary JudgmentCollateral EstoppelArbitrary and Capricious StandardDe Novo ReviewBenefit DenialContract ExclusionEmployee Welfare Benefit Plan
References
29
Case No. MISSING
Regular Panel Decision

Sainato v. Western Suffolk BOCES

The petitioner appealed a judgment dismissing his employment termination review petition due to improper notice of claim to Western Suffolk BOCES. The Supreme Court had previously denied leave to serve a late notice because the motion was made after the Statute of Limitations expired. The appellate court dismissed the appeal from an earlier decision, affirmed the judgment against the petitioner, and found the petitioner's remaining contentions without merit. This affirmed the requirement for proper and timely notice of claim in proceedings against school districts.

Employment TerminationCustodial WorkerCPLR Article 78Notice of ClaimEducation Law § 3813Statute of LimitationsLate Notice of ClaimAppellate ProcedureJudicial ReviewSchool District Liability
References
5
Case No. MISSING
Regular Panel Decision

Sulewski v. Federal Express Corp.

A cargo plane crashed in Malaysia in 1989, resulting in the death of aircraft mechanic Leonard Sulewski. The plaintiff initiated a wrongful death action against Federal Express Corporation, successor to Flying Tiger Line, alleging liability under the Warsaw Convention and common law negligence. The central legal question revolved around whether Sulewski was traveling as a passenger or an on-duty employee at the time of the crash. Both parties filed motions for summary judgment, presenting arguments regarding Sulewski's employment status and the applicability of the Convention. The court found no genuine dispute of material fact, concluding that Sulewski was an on-duty employee, not a passenger, and therefore the Warsaw Convention did not apply. The defendant's motion for summary judgment was granted.

Wrongful DeathWarsaw ConventionSummary JudgmentAirline LiabilityEmployee StatusPassenger StatusInternational TransportationAircraft MechanicScope of EmploymentFederal Rules of Civil Procedure
References
13
Case No. ADJ3904838
Regular
Jan 06, 2015

EDWARD MORSE vs. CONWAY WESTERN EXPRESS, INDEMNITY INSURANCE

This case concerns a clerical error in the Workers' Compensation Appeals Board's (WCAB) prior decision, specifically the date of service. The Board identified that the decision, served on December 6, 2015, should have reflected a service date of January 6, 2015. The WCAB has corrected this specific clerical error without requiring further proceedings, citing its authority to do so at any time. This correction amends the date of service to January 6, 2015, as reflected in the amended order.

Clerical error correctionDate of servicePetition for reconsiderationWorkers' Compensation Appeals BoardAmended date of serviceSupplemental proceedingsOpinion and Orders Denying PetitionGranting PetitionDecision After ReconsiderationConstitution State Service Company
References
1
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