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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

Deluca v. Arch Insurance Group

This case involves an appeal from an order and judgment concerning an arbitration award. The Supreme Court, Suffolk County, confirmed an arbitration award dated December 12, 2011, in favor of the petitioner, and denied a cross-petition by Arch Insurance Group and Gallagher Bassett Services to vacate the award. Arch Insurance Group and Gallagher Bassett Services appealed this decision. The appellate court dismissed the appeal from the intermediate order dated June 5, 2012, as the right of direct appeal terminated with the entry of judgment. The court affirmed the judgment, finding the petitioner's service of the demand for arbitration proper and noting that insufficiencies did not warrant vacatur. The arbitrator's award was found to have evidentiary support and a rational basis, and was not duplicative of any worker’s compensation benefits. One bill of costs was awarded to the petitioner.

Arbitration ConfirmationArbitration Award VacaturCPLR Article 75Appellate ReviewInsurance ArbitrationUninsured MotoristUnderinsured MotoristEvidentiary SupportArbitrary and Capricious StandardSufficiency of Arbitration Demand
References
9
Case No. MISSING
Regular Panel Decision

Stratus Services Group, Inc. v. Kash 'N Gold, Ltd.

An employment agency, Stratus Services Group, Inc., failed to conduct required background checks for temporary workers provided to Kash ’N Gold, Ltd. (KNG). Following a burglary at KNG's warehouse by three of these workers, KNG's insurer, American Home Assurance Company, compensated KNG for its losses. American Home, as subrogee, then sued Stratus for breach of contract. Initially, the Supreme Court found a breach but no proximate cause for the damages. However, an appellate court reversed this decision, determining that Stratus's breach was indeed a proximate cause of the damages, and awarded American Home judgment of $241,251.71 against Stratus.

Breach of contractProximate causationSubrogation claimEmployment agency liabilityFailure to conduct background checksWarehouse burglaryInsurance claimAppellate reversalContractual damagesNew York law
References
3
Case No. 2025 NY Slip Op 03533 [239 AD3d 481]
Regular Panel Decision
Jun 10, 2025

MevRam Servs., LLC v. Quadrum Hospitality Group, LLC

This case concerns an appeal regarding a 'no-poaching' provision within staffing agreements between MevRam Services, LLC and Quadrum Hospitality Group, LLC, along with its affiliates. MevRam Services, LLC furnished employees to the Arlo hotels, and the agreement prohibited defendants from hiring these employees for a period. Defendants moved to dismiss MevRam's claims, arguing the provision violated the New York City Displaced Building Service Workers Protection Act (DBSWPA) and constituted unenforceable penalties. The Supreme Court denied the motion. The Appellate Division, First Department, affirmed the Supreme Court's order, concluding that the no-poaching provision did not violate the DBSWPA as employees were not displaced, and defendants failed to demonstrate any overriding public policy concerns or that the fees were penalties.

No-Poaching ClauseStaffing AgreementBreach of ContractLiquidated DamagesMotion to DismissDisplaced Building Service Workers Protection ActAppellate DivisionContract LawEmployment LawHotel Industry
References
3
Case No. 2024 NY Slip Op 06200
Regular Panel Decision
Dec 11, 2024

Matter of NYAHSA Servs., Inc. v. Special Funds Group

This case concerns an appeal by NYAHSA Services, Inc., the workers' compensation insurance carrier for St. Patrick's Nursing Home, from an order denying its petition for judicial approval of a personal injury settlement nunc pro tunc. The underlying matter involved Karen DiNoia, who sustained injuries in 2001 during employment and settled a third-party personal injury action in 2005 for $400,000. Although NYAHSA consented, the Special Funds Group's consent was not obtained at the time, which is crucial for the carrier to be reimbursed from the Special Disability Fund. The Supreme Court dismissed the petition, citing a lack of required documentation. However, the Appellate Division, Second Department, reversed the decision, finding that the settlement was reasonable, the delay in seeking judicial relief was not the petitioner's fault, and the Special Funds Group was not prejudiced, thus granting the petition.

Nunc Pro TuncPersonal Injury SettlementJudicial ApprovalAppellate ReviewSpecial Disability FundInsurance Carrier ReimbursementSupreme Court DiscretionDelayPrejudiceReasonableness of Settlement
References
10
Case No. CA 10-02269
Regular Panel Decision
Apr 29, 2011

ELLICOTT GROUP, LLC v. STATE OF NEW YORK EXECUTIVE DEPT.

This case addresses an appeal concerning the authority of the State of New York Executive Department Office of General Services (OGS) to mandate a prevailing wage clause in a lease agreement with Ellicott Group, LLC, for privately owned property. OGS had adopted a policy requiring prevailing wages for certain work, even if it did not meet the technical definition of 'public work' under the Labor Law. The Supreme Court, Erie County, had granted summary judgment to Ellicott Group, LLC, concluding that OGS lacked statutory authority and violated the separation of powers doctrine. The Appellate Division affirmed this judgment, holding that OGS, as an administrative body, usurped the legislative function by enacting a policy defining when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawLabor Law Article 8Labor Law Article 9Public WorkLease AgreementExecutive AuthorityLegislative FunctionSeparation of PowersAdministrative LawDeclaratory Judgment
References
14
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. ADJ1646985 (SJO 0242758) ADJ4557496 (SJO 0242761)
Regular
Apr 27, 2009

ALMA DIAZ vs. DE HART'S PRINTING SERVICE GROUP; CAMBRIDGE 15901 SACRAMENTO

This case concerns a dispute over the date of injury for applicant Alma Diaz's bilateral upper extremity cumulative trauma. The Appeals Board granted Everest National Insurance Company's petition for reconsideration and denied CIGA's, amending the original award. The Board found that applicant sustained a cumulative trauma injury on April 1, 2000, based on her modified work duties and need for treatment, aligning with *Rodarte*. Consequently, CIGA's petition was denied, and the decision was amended to reflect the corrected injury date.

Workers' Compensation Appeals BoardCIGAEverest National Insurance CompanyDe Hart's Printing Service Groupindustrial injurybilateral upper extremitiesinjurious exposureLabor Code section 5500.5Fremont Compensationcumulative trauma
References
1
Case No. MISSING
Regular Panel Decision
May 04, 2001

Hart v. Westchester County Department of Social Services

Herbert Hart, a pro se plaintiff, sued the Westchester County Department of Social Services (WCDSS) under 42 U.S.C. § 1983, alleging constitutional rights violations due to reduced public assistance and denied emergency financial relief, which led to his eviction. WCDSS moved for summary judgment, and Hart sought discovery sanctions. The court denied WCDSS's summary judgment motion concerning Hart's procedural due process claims regarding public assistance reduction and emergency benefits denial. However, the court granted summary judgment to WCDSS on Hart's equal protection, § 1981, intentional infliction of emotional distress, and punitive damages claims. Hart's discovery sanctions motion was also denied.

Due ProcessPublic AssistanceEmergency Financial ReliefSummary JudgmentEqual ProtectionSection 1983Section 1981Intentional Infliction of Emotional DistressPunitive DamagesWelfare Benefits
References
47
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
0
Case No. 2023 NY Slip Op 03994
Regular Panel Decision
Jul 28, 2023

Miller v. W Servs. Group, LLC

David L. Miller (plaintiff) sustained injuries from a slip and fall, receiving workers' compensation benefits from Safety National Casualty Corp., the insurer for his employer, Apple, Inc. Miller settled his personal injury claim against W Services Group, LLC for $1,350,000. He then attempted a "walk away" agreement with Safety National, where the insurer would waive its lien in exchange for Miller waiving future workers' compensation benefits. After an initial agreement by email, Safety National reneged upon learning Miller returned to work. The Supreme Court in Onondaga County enforced this settlement, but the Appellate Division, Fourth Department, reversed, ruling that any such agreement involving a waiver of a workers' compensation lien requires approval from the Workers' Compensation Board to be enforceable. The matter was remitted to the Supreme Court for further proceedings on alternative relief.

Workers' Compensation LawSettlement EnforceabilityLien WaiverAppellate ProcedureJudicial ReviewWorkers' Compensation BoardThird-Party LiabilityInsurance SubrogationContract DisputeStatutory Interpretation
References
3
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