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Case No. MISSING

Regular Panel Decision

Matter of Dir.(bodek)

This case addresses the appealability and reviewability of compensation orders issued under County Law § 722-c. The dispute arose from services provided by Hillel Bodek, a social worker, to indigent defendants in New York County, for which the Supreme Court ordered the City of New York to pay $100 per hour, often exceeding statutory norms due to 'extraordinary circumstances'. The Director of the Assigned Counsel Plan for New York City sought reconsideration and fee reduction, citing budget constraints and lower prescribed rates, but was unsuccessful at the Supreme Court and Appellate Division. This Court, after granting leave to appeal, affirmed the Appellate Division's decision, holding that such compensation orders are administrative in nature and not subject to judicial review on their merits by an appellate panel.

Compensation OrderAppellate ReviewCounty Law § 722-cAssigned Counsel PlanSocial Worker FeesExtraordinary CircumstancesJudicial DiscretionAdministrative ReviewNon-reviewable OrdersIndigent Defense

References

Case No. 1:12-cv-46

Regular Panel Decision

Sep 24, 2018

Lillian Roberts Dir. of Dist. Council 37, Afscme ex rel. Situated v. Cuomo

Plaintiffs, a group of active and retired New York State employees, sued the State and various officials, alleging that a unilateral increase in health insurance contributions for retirees violated the Contracts Clause and Due Process Clause of the U.S. Constitution, breached their collective bargaining agreements, and violated state law. The defendants moved for summary judgment, arguing that no contractual right to perpetually fixed premium contribution rates existed and that the increase was a reasonable and necessary response to a significant fiscal crisis. The court granted the defendants' motion for summary judgment, finding that the collective bargaining agreements did not establish a vested right to fixed retiree health insurance rates and that the state's actions were a legitimate and necessary measure to address its financial distress. All of plaintiffs' claims, including those for breach of contract, due process violations, and state law violations, were dismissed.

Collective Bargaining AgreementHealth Insurance PremiumsRetiree BenefitsContracts ClauseDue Process ClauseSummary JudgmentFiscal CrisisState EmployeesCivil Service LawProperty Interest

References

Case No. ADJ1477600 (SAC 0360901)

Regular

Jan 27, 2009

VARINDER KUMAR CHARAYA vs. QUICK STOP MARKET, UNINSURED EMPLOYERS BENEFIT TRUST FUND/DIR, RANDEEP DEOL dba QUICK STOP 96, POOJA KAUR

The WCAB dismissed defendant's petition for reconsideration and denied applicant's petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedDeniedUninsured Employers Benefit Trust FundWCJ ReportVarinder Kumar CharayaPooja KaurQuick Stop MarketADJ1477600

References

Case No. ADJ7016910, ADJ7016880

Regular

Jan 25, 2017

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

This case involves a lien dismissal for non-payment of a $100 activation fee. The lien claimant argues they had until December 31, 2015, to pay based on a federal court order and a DWC Newsline. The Appeals Board intends to rescind the dismissal if the fee is paid within ten days, based on the interpretation that the federal court order allowed payment between November 9 and December 31, 2015. If the fee is paid, the lien claim will proceed to the trial level.

Lien activation feeLabor Code § 4903.06Workers' Compensation Appeals BoardReconsiderationOrder Dismissing Lien ClaimDWC NewslineU.S. District CourtPreliminary injunctionAngelotti Chiropractic v. BakerDIR Newsline

References

Case No. ADJ8897034

Regular

May 03, 2018

MARIA CUELLAR DE PATLAN vs. GELSONS MARKET, SPRINGFIELD INSURANCE COMPANY

Lien claimant Mesa Pharmacy's petition for removal was granted because the WCJ erred in continuing the lien trial to notify the anti-fraud unit (AFU), as this violated due process and the AFU lacked standing. The Appeals Board rescinded the WCJ's order, finding that documents now available on the DIR website likely obviate the need for AFU involvement. The matter was taken off calendar to allow parties to review these documents, with a new hearing to be scheduled if a dispute regarding Labor Code section 4615 remains.

RemovalLien ClaimantAnti-Fraud Unit (AFU)Labor Code Section 4615Due ProcessElectronic Adjudication Management System (EAMS)Stayed LienPetition for RemovalWorkers' Compensation Appeals Board (WCAB)Administrative Law Judge (WCJ)

References

Case No. ADJ1035201

Regular

Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order

References

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Matter of Dir.(bodek)

Compensation OrderAppellate ReviewCounty Law § 722-cAssigned Counsel PlanSocial Worker FeesExtraordinary CircumstancesJudicial DiscretionAdministrative ReviewNon-reviewable OrdersIndigent Defense

Lillian Roberts Dir. of Dist. Council 37, Afscme ex rel. Situated v. Cuomo

Collective Bargaining AgreementHealth Insurance PremiumsRetiree BenefitsContracts ClauseDue Process ClauseSummary JudgmentFiscal CrisisState EmployeesCivil Service LawProperty Interest

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

MARIA CUELLAR DE PATLAN vs. GELSONS MARKET, SPRINGFIELD INSURANCE COMPANY

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY