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

Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. ADJ16905183
Regular
Apr 03, 2025

KIMBERLY ARREOLA CORTES vs. OC DIRECT DELIVERY, OLD REPUBLIC INSURANCE COMPANY

Kimberly Arreola Cortes, a delivery associate, claimed a work-related injury but repeatedly failed to attend scheduled medical evaluations with QME Dr. Ryan Culver due to personal reasons and relocation. Following a petition by the defendant, OC Direct Delivery, for dismissal due to inactivity, the WCJ issued a Notice of Intention to Dismiss Case. Applicant filed a premature Petition for Reconsideration, incorrectly believing the NIT was a final order. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration, finding both applicant's petition and defendant's prior petition for dismissal premature due to errors in applying notice periods for out-of-state service, and returned the matter to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to DismissQualified Medical EvaluatorAOE/COEOut-of-State RelocationWCAB Rule 10550Inactive Case DismissalPetition for DismissalPremature Filing
References
3
Case No. 2024 NY Slip Op 24011 [82 Misc 3d 812]
Regular Panel Decision
Jan 17, 2024

Smith v. Ryder

The Supreme Court, Albany County, addressed a negligence case where plaintiff Karla Smith sued Richard Ryder, Jr., a newspaper delivery person, and The Hearst Corporation/Hearst Communications, Inc., after Ryder struck her in a crosswalk. The core legal dispute involved whether Ryder was an employee or an independent contractor for Hearst, which would determine Hearst's vicarious liability under the doctrine of respondeat superior. Hearst moved for summary judgment, arguing that Labor Law and Workers' Compensation Law provisions classifying delivery persons as independent contractors for statutory benefits should override common law and apply to negligence claims. However, the court denied Hearst's motion, ruling that these statutes do not abrogate the common-law doctrine of respondeat superior in tort cases. The court found that a triable question of fact existed regarding Ryder's employment status, based on Hearst's alleged control over his delivery methods, monetary aspects, and disciplinary processes.

Respondeat SuperiorVicarious LiabilityIndependent ContractorEmployee StatusSummary JudgmentNegligenceNewspaper DeliveryStatutory InterpretationCommon LawLabor Law
References
20
Case No. MISSING
Regular Panel Decision
Mar 06, 2002

Cosby v. R.G. Delivery Service, Inc.

This case concerns a plaintiff's appeal regarding the denial of their motion to vacate a dismissal order. The original action for personal injuries, sustained in the course of employment when boxes allegedly delivered by the defendant toppled, was dismissed due to the plaintiff's attorney's failure to attend a post-note-of-issue conference. The Supreme Court affirmed the denial, citing the plaintiff's unexplained four-year delay in seeking to vacate the dismissal and the apparent lack of merit of the underlying action due to Workers' Compensation Law implications. Additionally, the court found the plaintiff's evidence regarding the stacking of boxes to lack sufficient probative value.

Personal InjuryDismissalVacate OrderLaw Office FailurePost-Note-of-Issue ConferenceWorkers' Compensation LawProbative ValueMedical ReportsDelay in MotionAppellate Review
References
1
Case No. 526722
Regular Panel Decision
Apr 11, 2019

Matter of Persons v. Halmar Intl., LLC

Claimant Matthew Persons appealed a Workers' Compensation Board decision that found he violated Workers' Compensation Law § 114-a by exaggerating his condition and failing to disclose volunteer firefighter activities, leading to disqualification from future wage replacement benefits. The Appellate Division, Third Department, found the Board's decision was not supported by substantial evidence, as it was based on speculation, surmise, and mischaracterizations of claimant's activities and medical records. The court noted that claimant was forthcoming about his volunteer work and that video surveillance did not conclusively contradict his reported injuries. Consequently, the decision was reversed, and the matter was remitted to the Board for further proceedings.

Workers' Compensation LawFraudExaggerated ConditionVolunteer Firefighter ActivitiesWage Replacement BenefitsSubstantial EvidenceMedical TestimonyPsychiatric DisabilityVideo SurveillanceRemittal
References
6
Case No. MISSING
Regular Panel Decision

Same Day Delivery Service, Inc. v. Penn Star Insurance

Same Day Delivery Service, Inc. sued its insurer, Penn-Star Insurance Company, seeking a declaration that Penn-Star must cover a personal injury lawsuit filed against Same Day. Penn-Star moved for summary judgment, arguing Same Day failed to provide timely notice of the claim and that the incident was excluded from the policy. The Court granted Penn-Star's motion for summary judgment, concluding that Same Day's notice to Penn-Star was untimely by approximately ten months, or at least two months even under Same Day's arguments, and that the delay was inexcusable under New York law. Consequently, Penn-Star is not obligated to provide coverage.

Insurance LawSummary JudgmentTimely NoticePolicy CoverageDeclaratory JudgmentPersonal InjuryNew York LawInsurance Policy ExclusionCommercial General LiabilityAs Soon As Practicable Clause
References
39
Case No. MISSING
Regular Panel Decision
Jul 15, 1992

In re the Claim of Gopie

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which had disqualified him from receiving benefits due to alleged misconduct. The claimant was discharged after pushing a delivery person who was verbally harassing him at work, an incident following previous similar taunts. The court found that the claimant's actions, while possibly poor judgment, did not constitute misconduct warranting disqualification, especially since no injury was caused and the delivery person was not an employee. The decision of the Unemployment Insurance Appeal Board was reversed, and the matter was remitted for further proceedings.

Unemployment InsuranceMisconductWorkplace HarassmentEmployee DischargeAppeal BoardJudicial ReviewWorkplace DisputeBenefits DisqualificationUnprovoked ActionsIsolated Incident
References
2
Case No. LAO 0856142
Regular
Jan 04, 2008

MARCO ANTONIO HERNANDEZ vs. LANCA, INC. dba LANCA EXPRESS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involved an applicant, a delivery driver, who was shot and robbed while exiting a hotel after a delivery run. The applicant argued his injuries were work-related under the "commercial traveler" rule, which extends coverage to employees traveling for business. The defense contended the applicant was engaged in personal activities when injured, even if the location was a high-crime area. The Board denied reconsideration, upholding the finding that the injury was industrial, as the applicant's work duties brought him to the location where the incident occurred, and personal activities during travel are generally covered if reasonable.

Workers' Compensation Appeals BoardCommercial Traveler RuleCourse of EmploymentArising Out of EmploymentCredibility DeterminationReasonable InferencesPetition for ReconsiderationIndustrial InjuryBusiness TripLodging and Meals
References
8
Case No. MISSING
Regular Panel Decision

Claim of Hampton v. Kelly

The employer and its insurance carrier appealed a decision by the Workmen’s Compensation Board which awarded death benefits to the decedent’s beneficiaries. The decedent, a part-time liquor store employee, was fatally injured in December 1967 while commuting to work in his personal vehicle. The Board had affirmed a Referee’s award, reasoning that the decedent’s use of his car for occasional deliveries benefited the employer, thus making his commute work-related. However, the appellate court reversed this decision, finding no substantial evidence to support that the decedent’s car use was required by the employer or for business purposes. The court concluded that the decedent used his car for personal convenience, and the store policy was against deliveries, therefore, his travel to work did not fall within the course of employment.

Death Benefits ClaimEmployment ScopeCommute RulePersonal Vehicle UseEmployer Benefit TestAccident InjuryAppellate Court DecisionReversal of AwardSubstantial Evidence ReviewWork-Related Injury
References
2
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