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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

Flores v. Anjost Corp.

Plaintiffs filed a class action lawsuit against Anjost Corporation and its principals, alleging violations of the Fair Labor Standards Act and the New York Labor Law, including issues with minimum wage, overtime pay, tip withholding, and uniform costs. The court addressed Plaintiffs' motion for class certification, following a prior conditional certification of an FLSA collective action. Evaluating the proposed classes under Rule 23 of the Federal Rules of Civil Procedure, the court found that the requirements for numerosity, commonality, typicality, and adequacy of representation were largely met. Consequently, the court granted the motion for class certification in a modified form, establishing three specific classes: a Tipped Employee Class, a Spread of Hours and Wage Statement Class, and a Uniform Claims Class. The decision also included orders for the defendants to disclose class member information and for both parties to jointly prepare a proposed class notice.

Class ActionFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and Hour ClaimsOvertime WagesMinimum WageTip WithholdingUniform CostsWage StatementsSpread of Hours Premium
References
71
Case No. ADJ7960157 (RDG 0095395) ADJ4276340
Regular
Apr 03, 2013

DAVID SANDROCK vs. INDEPENDENT BUSINESS FORMS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by the defendant, Independent Business Forms, Inc. The Workers' Compensation Appeals Board has granted this reconsideration. The Board intends to further study the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the Office of the Commissioners.

SandrockIndependent Business FormsPreferred Employers Insurance CompanyADJ7960157ADJ4276340ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardRedding District OfficeSan Francisco
References
0
Case No. ADJ4276340 RDG 0095395 ADJ7960157
Regular
Aug 15, 2013

David Sandrock vs. Independent Business Forms, Inc., Preferred Employers Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended a prior decision regarding David Sandrock's cumulative trauma claim. The WCAB found that Sandrock's cumulative trauma injury ending July 28, 2006, is not presumptively compensable because no claim form was filed with the employer, as required by Labor Code sections 5401 and 5402. The Board determined that the insurer, Preferred Employers, did not violate due process by submitting the case on briefs at a conference. The WCAB deferred the issue of injury arising out of and occurring in the course of employment (AOE/COE) and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCumulative TraumaPresumptive CompensabilityClaim Form90-Day Investigation PeriodDue ProcessIndustrial InjuryAOE/COE
References
1
Case No. MISSING
Regular Panel Decision

Mazzarella v. Cutting

The employer, Charles Cutting, and his workers' compensation carrier appealed a decision by the Workers’ Compensation Board. The Board had denied the carrier's request for reimbursement from the Special Disability Fund, citing the carrier's failure to file the prescribed form C-251.3 prior to the award of compensation. The carrier argued that neither Workers’ Compensation Law § 14 (6) nor § 15 (8) (Z) explicitly required this specific form and that their timely filing of form C-251.2 provided notice to the Fund. The appellate court affirmed the Board's decision, emphasizing that 12 NYCRR 300.5 (e) mandates claims for reimbursement under Workers’ Compensation Law § 15 (8) to be filed on a chair-prescribed form, which was C-251.3. The court reiterated the Board Chair’s authority to issue regulations and forms, and the Board’s right to insist on strict adherence to these requirements, deeming the argument regarding lack of prejudice to the Fund irrelevant.

Workers' Compensation LawReimbursementSpecial Disability FundForm C-251.3Form C-251.2Regulation AdherenceBoard Chair AuthorityAppellate DivisionEmployer LiabilityInsurance Carrier Claims
References
3
Case No. MISSING
Regular Panel Decision

Morris v. Pavarini Construction

Plaintiff, a carpenter, sustained injuries when a form wall fell on his hand during the construction of a new building. The Supreme Court initially granted the defendants' motion for summary judgment, dismissing the plaintiff's Labor Law § 241 (6) claim. This court reversed that decision, holding that Industrial Code (12 NYCRR) § 23-2.2 (a), which mandates proper bracing for forms, applies to forms even during their construction phase, not just when they are completed. The court found that the back form wall was not properly braced, leading to the plaintiff's injury, and distinguished the defendants' cited precedents.

Construction AccidentLabor Law § 241(6)Industrial Code 23-2.2(a)Summary JudgmentAppellate ReviewWorker SafetyConcrete FormworkBracing RequirementsStatutory InterpretationWorkplace Injury
References
3
Case No. 2021 NY Slip Op 01726 [192 AD3d 560]
Regular Panel Decision
Mar 23, 2021

Palermo v. 7 W. 21 LLC

The plaintiff, Frank Palermo, was injured while assisting a coworker in carrying a large wood form on a construction site. While the plaintiff rested his end of the form on vertical piping, his coworker unexpectedly lifted his side, causing the form to fall and strike the plaintiff's left foot. The plaintiff moved for summary judgment on his Labor Law § 240 (1) claim, which the Supreme Court denied. The Appellate Division affirmed the denial, citing factual issues regarding whether the activity involved an elevation-related risk requiring the wood form to be secured under Labor Law § 240 (1). Additionally, a factual question remained as to whether an appropriate safety device could have prevented the accident.

Labor Law § 240 (1)Summary JudgmentConstruction AccidentElevation-Related RiskSafety DeviceFalling ObjectCoworker ActionLiability DisputeAppellate ReviewFactual Issues
References
6
Case No. 10 Civ. 0699
Regular Panel Decision

Davis v. City of New York

This Opinion & Order by District Judge Shira A. Scheindlin addresses the admissibility of 'decline to prosecute' (DP) forms in a class action against the City of New York. Plaintiffs sought to use these forms as evidence of the NYPD's alleged unconstitutional trespass stops and arrests in NYCHA buildings for class certification and trial. The City argued against their admission as hearsay and legal conclusions. The Court ruled the DP forms admissible, primarily under the business records exception (Rule 803(6)), and found arresting officers' statements admissible as party-opponent admissions. The decision emphasized the forms' probative value and the lack of alternative evidence, despite concerns about implied legal conclusions, given the unique context of a class action challenging systemic practices.

Admissibility of EvidenceHearsay ExceptionBusiness RecordsPolice PracticesTrespass ArrestsNYCHA BuildingsClass ActionFederal Rules of EvidenceProbable CauseLegal Conclusions
References
28
Case No. MISSING
Regular Panel Decision
Mar 19, 2003

Credit Suisse First Boston Corp. v. Pitofsky

This case addresses whether an arbitration provision in employment agreements (Employee Dispute Resolution Program - EDRP) between a securities broker-dealer and its employees supersedes an arbitration provision in the Uniform Application for Securities Industry Registration or Transfer (Form U-4). Appellants, former employees of Credit Suisse First Boston (CSFB), were registered with the National Association of Securities Dealers (NASD) and New York Stock Exchange (NYSE) via Form U-4, which mandates arbitration for employment disputes. CSFB later introduced an EDRP, which also required arbitration but included an exception for registered representatives legally bound to arbitrate in a specific forum. After their employment was terminated, a compensation dispute arose. Appellants sought arbitration with the NYSE, while CSFB demanded arbitration before JAMS, as per their EDRP, and petitioned the Supreme Court to stay the NYSE arbitration. The Supreme Court granted CSFB's petition, but the appellate court reversed, finding that the EDRP's exception applied, and Form U-4, along with NYSE rules, required arbitration in the NYSE forum. The court also noted that prior case law holds that employment agreements cannot supersede previously executed Form U-4 agreements. Consequently, the appellate court denied CSFB's petition and directed the parties to proceed to arbitration before the New York Stock Exchange.

Arbitration agreementEmployment disputeForm U-4Employee Dispute Resolution ProgramSecurities industryNational Association of Securities DealersNew York Stock ExchangeRegistered representativesContract interpretationSuperseding agreement
References
4
Case No. ADJ8939533
Regular
Dec 23, 2019

MAURICIO FLORES vs. MERCY HOUSING, INC., FEDERAL INSURANCE COMPANY

This case concerns an employer's petition for reconsideration regarding the denial of a new Qualified Medical Evaluator (QME) panel. The applicant amended his claim to include a cumulative trauma injury and additional body parts, but he did not file a new claim form. The Board denied the petition, holding that because the applicant amended an existing application and did not file a new claim form, the employer was not entitled to a new QME panel. The ruling relies on the principle that the filing date of the claim form determines which evaluator considers the injury claim.

Cumulative traumaQualified Medical EvaluatorQME panelAmendment of ApplicationDWC-1 Claim FormNavarro v. City of MontebelloThreshold issueInterlocutory decisionRemovalReconsideration
References
5
Case No. MISSING
Regular Panel Decision
Feb 18, 1983

Claim of Kearsch v. Town of Hempstead

This case involves an appeal of a Workers' Compensation Board decision concerning the timely filing of a C-250 reimbursement form by a self-insured employer from the Special Fund. Although the C-250 form was missing from the board's file when permanency was established on November 19, 1981, evidence indicated the Special Fund was aware of the claim prior to this date, having attended a hearing on November 20, 1980, and a conference on February 21, 1980. The board concluded the form had been timely served but merely misplaced. The court affirmed the board's decision, finding it supported by substantial evidence.

C-250 FormReimbursement ClaimSpecial FundSelf-Insured EmployerTimely FilingPermanency DeterminationWorkers' Compensation BoardSubstantial EvidenceAppeal DecisionMisplaced Document
References
0
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