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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

Perfect Dental, PLLC v. Allstate Insurance

In this consolidated action, plaintiffs Perfect Dental Care, P.C., Zodiac Dental, PLLC, and Smooth Dental PLLC (Dental PCs) sought unpaid insurance claims from Allstate Insurance Company and State Farm Mutual Automobile Insurance Company (Insurers). The Insurers countersued alleging insurance fraud and unjust enrichment, and initiated a third-party action against various individuals and entities. The Insurers moved for partial summary judgment, seeking a declaratory judgment that Dental PCs could not recover for services provided by dentists and physical therapists, and for summary judgment on their fraud and unjust enrichment counterclaims. The court denied summary judgment concerning dentists' services, finding a triable issue of fact regarding their employment status. However, it granted summary judgment for the Insurers regarding physical therapy services, as Dental PCs conceded these services were provided by non-employees. Consequently, the court also denied summary judgment on the fraud and unjust enrichment claims, as their resolution depended on the unresolved employment status of the dentists.

Insurance ClaimsHealthcare ServicesContract LawSummary JudgmentProfessional CorporationsIndependent ContractorsEmployment LawFraud AllegationsUnjust EnrichmentDeclaratory Judgment
References
17
Case No. MISSING
Regular Panel Decision

First District Dental Society v. Sencer

The petitioners, dental societies in New York City, initiated an Article 78 proceeding to challenge a directive from the New York City Department of Health. The directive, dated August 14, 1981, mandated that all radiation installation licensees, including dental offices, make complete copies of Article 175 of the New York City Health Code available for staff examination. Petitioners argued this requirement was arbitrary and capricious due to its impracticality, financial burden, and the existence of an alternative provision allowing a descriptive notice. Respondents defended the directive as a rational measure to protect public health and ensure worker instruction regarding radiation safety, aligning with state and federal regulations. The court, applying the standard for administrative review, found a rational basis for the Department's interpretation and upheld the directive, denying the petitioners' request for nullification, though a 60-day stay on enforcement was granted.

Radiation SafetyHealth CodeAdministrative LawJudicial ReviewDental PracticesRegulatory CompliancePublic HealthArticle 78 ProceedingsAgency InterpretationDirective Challenge
References
8
Case No. MISSING
Regular Panel Decision

Claim of De Beauharnais-Romanovsky v. Sheraton Corporation

Claimant, a hotel worker, sustained a facial injury in 1982, leading to a workers' compensation claim for a nose injury that was initially granted. Subsequently, he alleged additional injuries, including back, neck, jaw, dental conditions, and hearing loss. After multiple hearings, a Workers' Compensation Law Judge (WCLJ) found the jaw and dental conditions causally related. However, the Workers’ Compensation Board overturned this finding, ruling there was no credible evidence to support the causal relationship of his back, neck, jaw, or dental conditions to the 1982 accident, thereby denying his claim. The Appellate Division affirmed the Board's decision, emphasizing that resolving conflicting medical testimony falls within the Board's authority and noting that certain issues were not preserved for review.

Workers' CompensationCausal RelationshipMedical Testimony ConflictBoard JurisdictionAppellate ReviewDental ConditionsJaw ConditionsBack ConditionsNeck ConditionsHearing Loss
References
2
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. 2020 NY Slip Op 01355
Regular Panel Decision
Feb 26, 2020

Naula v. Utokilen, LLC

The plaintiff, Victor Naula, commenced an action for personal injuries against Utokilen, LLC, and others. The Workers' Compensation Board (WCB) found Naula's employer, Specialized Dental Construction, Inc., uninsured and Adapt Construction, LLC, to be the general contractor, awarding Naula workers' compensation benefits. Utokilen and Nancy Marin-Rojas D.D.S., P.C., initiated a third-party action against Specialized Dental for common-law indemnification and contribution. Specialized Dental moved for summary judgment, asserting exclusivity under Workers' Compensation Law § 11, but Utokilen and Marin-Rojas cross-moved, arguing Specialized Dental could not invoke § 11 due to its uninsured status. The Supreme Court granted the cross-motion and denied Specialized Dental's motion. The Appellate Division dismissed Adapt Construction, LLC's appeal as it was not an aggrieved party and affirmed the Supreme Court's order against Specialized Dental Construction, Inc.

Personal InjuriesWorkers' Compensation LawSummary JudgmentThird-Party ClaimsIndemnificationContributionGrave InjuryUninsured EmployerAppellate PracticeCollateral Estoppel
References
7
Case No. MISSING
Regular Panel Decision
Nov 29, 2004

Velella v. New York Local Condotional Release Commission

The petitioners, including Gonzalez, Caba, Stephens, Velella, and DelToro, challenged determinations by the Conditional Release Commission and the Department of Correction. These determinations advised petitioners that their conditional releases were invalid and directed them to surrender. The Supreme Court, New York County, denied their five CPLR article 78 petitions. This appellate court unanimously affirmed the Supreme Court's decision, finding the petitioners' conditional releases illegal due to non-compliance with Correction Law § 273 (1) and (6). The court also ruled that the agencies had the power to set aside determinations based on significant irregularities and that the petitioners had no substantive due process right to illegal orders, having been afforded adequate procedural due process through the CPLR article 78 proceedings.

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law
References
14
Case No. MISSING
Regular Panel Decision
Nov 18, 2010

Figueroa-Plumey v. Astrue

Plaintiff Maria C. Figueroa-Plumey sought judicial review of the Commissioner of Social Security's final decision denying her application for disability insurance benefits. Figueroa alleged disability due to pain in her ankle, leg, and lower back, stemming from a 2002 injury, which she claimed required special conditions at her dental assistant job. The Administrative Law Judge determined Figueroa was not disabled because her earnings constituted substantial gainful activity (SGA), and her work conditions were not "special conditions" as defined by the Act. The Appeals Council denied her request for review, making the ALJ's decision final. The District Court affirmed the Commissioner's findings, granting the Commissioner's motion for judgment on the pleadings and denying Figueroa's cross-motion, concluding that substantial evidence supported the determination that Figueroa was engaged in SGA.

Social Security DisabilityDisability Insurance BenefitsSubstantial Gainful Activity (SGA)Special Conditions of EmploymentAdministrative ReviewJudicial ReviewDenial of BenefitsDental AssistantMedical ImpairmentPain Condition
References
9
Case No. 2019 NY Slip Op 00229 [168 AD3d 491]
Regular Panel Decision
Jan 15, 2019

Sanchez v. 404 Park Partners, LP

Luis Sanchez, a construction worker, was injured after falling through an uncovered floor opening at a work site. He moved for summary judgment on Labor Law §§ 240(1) and 241(6) claims against the property owner, 404 Park Partners, LP, the general contractor, Sciame Construction, LLC, and subcontractor Cord Contracting Co. Inc., which was granted by the Supreme Court. The Appellate Division, First Department, affirmed the liability findings against these parties, noting the owner and general contractor's statutory duties and the subcontractor's delegated duty to cover floor openings. Additionally, the court modified the lower court's indemnification rulings. It granted conditional full contractual indemnification to Sciame from United Air Conditioning Corp. II and conditional contractual indemnification to 404 Park and Sciame from Cord, contingent on the extent of their respective negligence, while also preserving factual issues concerning common-law negligence and Labor Law § 200 claims against Sciame.

Construction AccidentLabor LawSummary JudgmentContractual IndemnificationSubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilitySafe Place to WorkIndustrial Code ViolationsProximate Cause
References
6
Case No. MISSING
Regular Panel Decision

McGlone v. Contract Callers, Inc.

Plaintiff Michael McGlone initiated a Fair Labor Standards Act (FLSA) action against Contract Callers, Inc. (CCI), Michael McGuire, and William Tim Wertz, alleging unpaid overtime for work performed before and after recorded workdays and during meal breaks. McGlone sought conditional certification for a nationwide collective action of Field Service Representatives (FSRs), asserting a common policy of wage violations, including uncompensated preparatory and concluding tasks, and automatic meal break deductions despite working through them. The court applied a two-step analysis for FLSA collective actions, focusing on the lenient "notice stage" standard. While the plaintiff claimed company-wide misconduct, his evidence for a nationwide class was deemed insufficient, relying primarily on "information and belief." Consequently, the court denied conditional certification for a nationwide class but granted it for FSRs employed in CCI's New York Division, where McGlone demonstrated direct personal knowledge of the alleged violations and supervisory directives. Additionally, the statute of limitations was equitably tolled as of the motion's filing date due to the court's processing time.

FLSACollective ActionConditional CertificationOvertime PayWage ViolationsMeal BreaksUncompensated WorkField Service RepresentativesEquitable TollingNew York Division
References
28
Case No. MISSING
Regular Panel Decision
Sep 09, 1999

Bulvas v. Dubrowsky

The plaintiffs appealed a judgment from the Supreme Court, Rockland County, which dismissed their complaint alleging dental malpractice. The appellate court affirmed the judgment, ruling that the plaintiffs' argument regarding insufficient evidence was not preserved for review. It further held that the jury had a rational basis to conclude that no dental malpractice occurred, and the verdict was supported by a fair interpretation of the evidence, thus dismissing the appeal.

Dental MalpracticeAppellate ReviewJury VerdictSufficiency of EvidenceWeight of EvidenceAffirmationRockland CountyCivil ProcedureMedical MalpracticeJudgment Dismissal
References
8
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