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

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 However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship.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. MISSING
Regular Panel Decision

In re the Claim of Buiza

This case involves an appeal from a decision by the Unemployment Insurance Appeal Board, which determined that delivery drivers for Dependable Delivery, Inc. were employees, not independent contractors, and therefore entitled to unemployment benefits. The court examined various factors indicative of control exercised by Dependable, including established delivery routes, fixed weekly payments, Dependable handling customer relations and bearing risk of loss, and the inclusion of drivers under its workers' compensation and automobile liability policies. Despite the presence of some factors suggesting an independent contractor relationship, the court found sufficient evidence to support the Board's finding of an employer-employee relationship. Consequently, the court affirmed the Board's decision.

Unemployment InsuranceIndependent ContractorEmployer-Employee RelationshipDelivery ServicesSubstantial EvidenceControl TestWorkers' CompensationAutomobile LiabilityAppellate ReviewLabor Law
References
5
Case No. MISSING
Regular Panel Decision

Mitchell v. Route 21 Associates

The case involves an appeal by defendants Route 21 Associates and Max Finkelstein, Inc., from an order denying their motion for summary judgment in a personal injury action. The plaintiff, an employee of Rapid Dismantling Corporation, was injured while removing asbestos from a warehouse owned by Route 21 Associates and leased by Max Finkelstein, Inc. Applying New Jersey law, the court found that a landowner is not liable for injuries to an independent contractor's employee resulting from the contracted work, provided there was no interference. The appellants demonstrated they exercised no supervision or control, and the respondents failed to present a triable issue of fact. Consequently, the order was reversed, summary judgment was granted, and the complaint and cross claims against the appellants were dismissed.

Personal InjurySummary JudgmentAppellate ReviewLandowner LiabilityIndependent ContractorAsbestos RemovalNew Jersey LawPremises LiabilityDuty of CareNegligence
References
4
Case No. MISSING
Regular Panel Decision

Hernandez v. Chefs Diet Delivery, LLC

The case concerns a putative class action brought by delivery drivers against several defendants, including Chefs Diet Delivery, LLC, for alleged violations of Labor Law article 6 regarding wage and benefit payments. The plaintiffs appealed an order from the Supreme Court, Kings County, which had granted the defendants' motions to dismiss the complaint, categorizing the drivers as independent contractors. The Appellate Court reversed the lower court's decision, finding that the plaintiffs' allegations were sufficient to establish an employer-employee relationship due to the defendants' control over their work. The court also determined that the documentary evidence provided by the defendants was insufficient to conclusively prove the drivers were independent contractors, thus denying the motions to dismiss.

Class ActionLabor LawWage and HourEmployee ClassificationIndependent ContractorMotion to DismissAppellate ReviewDegree of ControlDelivery DriversWorkers' Rights
References
26
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. ADJ106846 (VNO 0536976)
Regular
Apr 28, 2011

SARKIS INDOIAN (Dec'd), BETTY INDOIAN (Widow) vs. ON THE WHEELS, SUCCESS DELIVERY, NOUNE SOMOKRANIAN, VIGEN GABOUCHIAN, ROUZZANA ARCHAKOUNI, UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the decedent sustained a fatal cumulative trauma injury due to his employment with Success Delivery. The Board found the medical evidence, particularly the Qualified Medical Evaluator's report, lacked sufficient factual basis and an accurate employment history to establish a causal link. Consequently, the case was remanded to the trial level for further development of the medical record to determine if the employment with Success Delivery contributed to the injury.

Cumulative traumaIndustrial injuryDeath benefitsEmployment relationshipSubstantial shareholderPartnershipUninsured employerMedical evidenceCausationApportionment
References
4
Case No. MISSING
Regular Panel Decision

Diaz v. Michigan Logistics Inc.

Plaintiffs (Johanna Diaz, et al.) sued Michigan Logistics Inc. d/b/a Diligent Deliveries, Northeast Logistics, Inc. d/b/a Diligent Deliveries (collectively, "Diligent"), and Parts Authority Inc. for alleged violations of the FLSA and NYLL, claiming misclassification as independent contractors and denial of minimum wage and overtime. Defendants moved to compel arbitration, citing owner-operator agreements with arbitration clauses. Plaintiffs opposed, arguing they were exempt from the FAA as transportation workers and that Parts Authority, a nonsignatory, could not compel arbitration. The court, presided by Judge Wexler, granted the defendants' motion, finding that even if the FAA did not apply, New York arbitration law favored arbitration and that Parts Authority could compel arbitration under equitable estoppel. Consequently, the Opt-in Plaintiffs' claims were dismissed without prejudice, and the case was stayed pending arbitration.

Fair Labor Standards ActNew York Labor LawArbitrationIndependent Contractor ClassificationWage and Hour ClaimsOvertime CompensationClass Action WaiverCollective Action WaiverFederal Arbitration ActEquitable Estoppel
References
22
Case No. 2022 NY Slip Op 00080 [201 AD3d 1045]
Regular Panel Decision
Jan 06, 2022

Matter of Fiorelli (Stallion Express, LLC--Commissioner of Labor)

The case concerns Charlene Fiorelli's claim for unemployment insurance benefits after her delivery courier services for Stallion Express, LLC (SE) concluded. The Department of Labor determined she was an employee, making SE liable for contributions, a decision affirmed by the Unemployment Insurance Appeal Board. SE appealed, contending Fiorelli was an independent contractor. The Appellate Division, Third Department, affirmed the Board's ruling, finding substantial evidence of an employer-employee relationship based on SE's significant control over Fiorelli's work, including mandatory uniforms, background checks, training, scheduled routes, and specific delivery and documentation procedures.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorDelivery CourierUnemployment Insurance Appeal BoardSubstantial EvidenceControl TestDepartment of LaborLogistics BusinessAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

In re Charles A. Field Delivery Service, Inc.

The New York Court of Appeals reversed an Appellate Division order that affirmed the Unemployment Insurance Appeal Board's (UIAB) decision classifying a delivery service's drivers as independent contractors, exempting the service from unemployment insurance contributions. The Court found the UIAB's determination arbitrary and capricious for failing to adhere to its own prior precedents (Matter of Di Martino and Matter of Wells) or provide a rational explanation for reaching a different result on essentially similar facts. The case was remitted to the UIAB for further proceedings, requiring it to either conform to its precedent or justify its departure.

unemployment benefitsemployment lawadministrative reviewagency discretionjudicial precedentstatutory interpretationNew York lawemployer-employee relationshipindependent contractor statusdue process
References
14
Case No. MISSING
Regular Panel Decision

Valleriani v. Route 390 Nissan LLC

Plaintiff Maria Valleriani brought an employment discrimination action against Route 390 Nissan LLC, alleging a sexually hostile work environment and unlawful retaliation leading to constructive discharge under Title VII and the New York State Human Rights Law. Defendant moved for summary judgment, arguing the harassment was not gender-based, not severe or pervasive, and Plaintiff failed to utilize internal complaint mechanisms. The Court denied summary judgment on the hostile work environment claims, citing genuine issues of material fact. However, the Court granted summary judgment on the retaliation claims, finding Plaintiff failed to establish a causal connection between her discrimination complaints and the alleged constructive discharge, as her own testimony indicated her departure was primarily due to complaints about bank fraud.

DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeTitle VIINYSHRLSummary JudgmentSexual HarassmentEmployment LawGender Discrimination
References
47
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