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

Case No. MISSING
Regular Panel Decision

Hyek v. Field Support Services, Inc.

Plaintiff Audra Hyek initiated an action against her former employer, Field Support Services, Inc. (FSSI), alleging gender discrimination under Title VII and the New York State Human Rights Law (NYSHRL). FSSI moved for summary judgment, which the court reviewed under the McDonnell Douglas burden-shifting framework. The court found that Plaintiff failed to establish a prima facie case of gender discrimination, specifically regarding disparate treatment in equipment, training, policy enforcement, or her termination compared to a male co-worker. Additionally, Plaintiff's hostile work environment claim was deemed abandoned due to her failure to address Defendant's arguments in opposition papers. Consequently, the court granted FSSI's motion for summary judgment, dismissing all of Plaintiff's claims.

Employment DiscriminationGender DiscriminationTitle VIINYSHRLSummary JudgmentDisparate TreatmentHostile Work EnvironmentMcDonnell Douglas FrameworkPrima Facie CasePretext
References
70
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. MISSING
Regular Panel Decision

Greene County Department of Social Services v. Ward

This is a concurring opinion by Chief Judge Kaye regarding a case involving Ms. Ward and the Greene County Department of Social Services (GCDSS). Ms. Ward, facing challenges with her son Jeffrey's severe behavioral issues and a lack of support services, was coerced into permanently relinquishing her parental rights to GCDSS after they refused a temporary relinquishment and failed to provide adequate assistance. She subsequently challenged a child support order, citing statutory exceptions and equitable estoppel due to GCDSS's alleged failures in providing information on parental support obligations and mandatory preventive services. While the court affirmed the original support order, Chief Judge Kaye's opinion highlights the GCDSS's apparent non-compliance with regulatory mandates, including the failure to inform parents of support obligations, conduct a 'best interests' analysis, and refer to essential preventive and emergency mental health services, stressing that such a situation should not recur. However, the requested remedy of estoppel against the agency could not be granted.

Parental RightsChild SupportSocial Services AgencyEquitable EstoppelRegulatory CompliancePreventive ServicesChild WelfareGreene CountyConcurring OpinionFamily Law
References
4
Case No. MISSING
Regular Panel Decision
Nov 02, 2005

Vita v. New York Waste Services, LLC

In an action for personal injuries, the defendants appealed an order from the Supreme Court, Suffolk County, which granted the plaintiffs' motion to dismiss their sixth, seventh, eighth, and eleventh affirmative defenses. The appellate court affirmed the lower court's decision, concluding that the plaintiffs successfully demonstrated the lack of merit of these defenses. The defenses were based on the exclusivity provisions of the Workers' Compensation Law. The plaintiffs provided substantial evidence that the injured plaintiff was employed by Allied Waste Services, Inc. and its subsidiary, Island Waste Services, and was injured by a vehicle owned by defendant New York Waste Services, LLC and operated by defendant Gene R. Brewer. The defendants failed to present sufficient evidence to counter these claims, particularly regarding their assertions of the injured plaintiff being an employee of New York Waste, or that New York Waste was an alter ego, joint venture, or special employer.

Personal InjuryWorkers' Compensation ExclusivityAffirmative DefensesMotion to DismissCPLR 3211(b)Appellate ReviewEmployment RelationshipAlter EgoJoint VentureSpecial Employee
References
10
Case No. 8 N.Y.3d 1007
Regular Panel Decision
Jun 12, 2007

MATTER OF GREENE COUNTY DEPT. OF SOCIAL SERVICES v. Ward

Dawn Ward adopted Jeffrey, a special needs child with severe behavioral and developmental issues, and received a monthly adoption subsidy. When Jeffrey's behavior escalated, posing safety risks, Ms. Ward attempted a temporary relinquishment of parental rights to the Greene County Department of Social Services (GCDSS). GCDSS, however, only allowed a permanent surrender, which Ms. Ward accepted. Subsequently, GCDSS initiated a petition for child support against Ms. Ward, who challenged the obligation on grounds of statutory exception and equitable estoppel. The Court of Appeals affirmed the lower court's decision, ruling that as an adoptive parent, Ms. Ward retained the financial support obligation, and the specific statutory exception for unwed biological mothers did not apply to her. The court also highlighted GCDSS's failure to provide Ms. Ward with required notifications and access to support services, although these omissions did not alter the child support ruling in this case.

Adoption LawChild Support ObligationParental RightsSpecial Needs ChildrenSocial Services LawEquitable EstoppelNew York Court of AppealsFamily LawChild WelfareVoluntary Surrender
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Kowaleski & New York State Department of Correctional Services

Petitioner Barbara Kowaleski, a correction officer, was disciplined by DOCS for alleged misconduct. She argued that the disciplinary action was brought in retaliation for reporting a fellow officer's misconduct, asserting this as an affirmative defense under Civil Service Law § 75-b. The arbitrator, however, refused to consider this defense, stating his authority was limited to determinations of guilt or innocence and the appropriateness of proposed penalties. The arbitrator found Kowaleski guilty of two charges and upheld her termination. Kowaleski subsequently petitioned to vacate the arbitration award. The Supreme Court and Appellate Division affirmed the arbitrator's decision, concluding that while the arbitrator made an error of law, it did not warrant vacating the award. The Court of Appeals reversed, holding that the arbitrator exceeded his power by failing to consider and determine the mandatory retaliation defense as explicitly required by Civil Service Law § 75-b, emphasizing the critical need for a separate retaliation inquiry to protect whistleblowers. The matter was remitted to the Supreme Court for further proceedings.

Whistleblower ProtectionRetaliation DefenseCivil Service LawArbitration AwardJudicial ReviewArbitrator AuthorityPublic PolicyCollective Bargaining AgreementEmployee DisciplineDue Process
References
4
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. 09 Civ. 4390 (PKC)
Regular Panel Decision
Nov 29, 2010

Aiello v. Kellogg, Brown & Root Services, Inc.

Plaintiff Richard Aiello, a civilian contractor, sued Kellogg, Brown & Root Services, Inc. for negligence after sustaining injuries from a fall in a latrine at Camp Shield, a forward operating base in Iraq. Aiello alleged negligent construction, renovation, repair, and/or maintenance of the facility. Defendant Kellogg moved for summary judgment, asserting defenses including the political question doctrine and federal preemption under the combatant activities exception of the Federal Tort Claims Act (FTCA). The District Court found the political question doctrine inapplicable but granted summary judgment for Kellogg, holding that tort claims against government contractors integrated into military combatant activities in a war zone are preempted. The court reasoned that the maintenance of essential life-support facilities at an active forward operating base constituted combatant activity, and imposing state tort liability would significantly conflict with unique federal interests.

Military Contractor LiabilityFederal PreemptionCombatant Activities ExceptionFederal Tort Claims Act (FTCA)Political Question DoctrineSummary JudgmentNegligenceIraq War OperationsCamp ShieldLogistics Civil Augmentation Program (LOGCAP)
References
49
Case No. ADJ3415466 (BAK 0149054)
Regular
Apr 17, 2009

Candido Salinas vs. Defense Support Servjaig Claims, Lockheed Martin/ESIS

The Workers' Compensation Appeals Board granted reconsideration to find that Candido Salinas sustained a single cumulative trauma injury for bilateral hearing loss ending on his last day of employment, April 26, 2006. Consequently, liability for benefits was placed on Defense Support Services and its insurer, American Home Assurance, reversing the prior finding that the injury date was 2003. This decision determined that the applicant's continued exposure to noise after noticing hearing loss, and subsequent progression of the condition, established the later date of injury. The award was amended to reflect this new finding, including reimbursement for self-procured hearing aids and attorney fees.

Cumulative traumaDate of injuryStatute of limitationsApportionmentPermanent disabilityBilateral hearing lossIndustrial injuryWorkers' compensationLockheed MartinDefense Support Services
References
15
Case No. MISSING
Regular Panel Decision

Wayne County Department of Social Services v. Schultz

William Schultz, Jr., a minor, left his father's home due to unbearable living conditions with his stepfamily. Despite initially supporting himself, he eventually began receiving public assistance. The Department of Social Services then sought reimbursement from his father, who claimed William was emancipated or that he lacked the financial ability to contribute. The court ruled that while William was personally emancipated from his father, this did not relieve the father of his legal obligation to support his son when public funds were involved. Consequently, the court ordered the father to pay $25 per week towards William's support.

EmancipationChild SupportParental ObligationPublic AssistanceMinorFamily LawReimbursementFinancial Responsibility
References
7
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