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

Case No. 10-CV-5255 (ERK)(LB)
Regular Panel Decision

What Happened in Felix vs. Weber Metals Reconsideration?

Plaintiff Julian Rosario filed a collective action lawsuit against multiple discount stores and Raymond Srour, alleging unpaid overtime and minimum wages under the Fair Labor Standards Act and New York Labor Law. The plaintiff sought conditional certification of the collective action, production of potential opt-in plaintiffs' information, and authorization to circulate a notice of pendency. The court, presided over by Magistrate Judge Lois Bloom, granted the plaintiff's motion. The decision was based on a 'modest factual showing' that employees across several stores were subject to a common policy of wage and hour violations, despite initial concerns about the scope of the class and the definition of similarly situated employees. The court outlined specific modifications for the notice of pendency, including defining the class as 'non-managerial employees who performed work related to the receipt, stocking, or sale of merchandise, or general maintenance/cleaning of the store,' and also addressed the content and dissemination of the notice, and the production of employee information.

FLSANew York Labor LawWage and Hour DisputeOvertime CompensationMinimum WageCollective ActionConditional CertificationEmployee RightsEmployer LiabilityRetail Industry
References
26
Case No. W2018-00999-WCAB-WC-CT
Regular Panel Decision
Dec 19, 2018

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This interlocutory appeal concerns employee Rick O. Muncy's request to return to his authorized treating physician for a low back injury sustained in a July 2016 work accident. The employer, Premium Distributors, Inc., refused to authorize the evaluation, contending the low back complaints had resolved and were not primarily work-related. Following an expedited hearing, the trial judge ordered the employer to authorize a return visit. The Appeals Board affirmed the trial judge's order, concluding that the preponderance of evidence supported the determination. The Board also found no abuse of discretion in the trial judge's rejection of the medical questionnaire's opinion on causation, deeming it ambiguous and non-determinative given the doctor's lack of recent examination. The case was remanded for further proceedings consistent with the decision.

Workers' CompensationMedical BenefitsLow Back InjuryExpedited HearingCausationMedical OpinionEvidenceStandard of ReviewAppellate ReviewTennessee
References
9
Case No. 2020-07-0020
Regular Panel Decision
Mar 14, 2023

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Robert Bragg, an employee, claimed permanent total disability due to elbow, shoulder, and neck injuries sustained while bending steel with a vise. The employer, Premium Services, LLC, contended the neck injury was not work-related and Mr. Bragg was only entitled to permanent partial disability for his elbow and shoulder. The Court found Mr. Bragg's neck injury to be work-related, relying on Dr. Curlee's testimony regarding aggravation of a pre-existing condition and early complaints of neck pain, contrary to Dr. Parsioon's opinion. However, the Court denied permanent total disability, finding insufficient evidence, and awarded Mr. Bragg 23% permanent partial disability to the body as a whole, along with payment for past and future medical expenses related to all three injuries.

Workers' CompensationPermanent Partial DisabilityNeck InjuryElbow InjuryShoulder InjuryAggravation of Pre-existing ConditionMedical CausationAMA GuidesNeurosurgeon OpinionOrthopedic Surgeon Opinion
References
9
Case No. MISSING
Regular Panel Decision
Nov 12, 2003

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case involves an appeal from an order of the Supreme Court, Westchester County, concerning an action to recover unpaid workers' compensation insurance premiums. The plaintiff, an insurance fund, sought premiums from the defendant for policy periods between November 1993 and December 1996. The defendant moved for summary judgment, arguing that claims for estimated premiums for the periods from November 1993 to November 1996 were barred by the six-year statute of limitations, CPLR 213 (2). The Appellate Division modified the Supreme Court's order, agreeing that the claims for unpaid estimated premiums for those specific periods were time-barred. However, the court found that claims for final audit premiums issued after July 30, 1996, were not time-barred. Additionally, the Appellate Division granted summary judgment to the plaintiff, dismissing the defendant's counterclaim, on the grounds that such counterclaims against the State Insurance Fund are only cognizable in the Court of Claims.

Workers' Compensation InsuranceUnpaid PremiumsStatute of LimitationsSummary JudgmentCounterclaimInstallment PaymentsEstimated PremiumsAudit AdjustmentAppellate DivisionNew York Law
References
2
Case No. 2025-60-0029
Regular Panel Decision
Nov 24, 2025

Can a WCJ Be Disqualified for Appearance of Bias?

Mr. Talin Hubbard, a tire technician, sustained a chest injury on February 28, 2023, while working for Discount Tire, LLC. A compensation hearing was held on November 12, 2025, to resolve disputes regarding his permanent disability benefits. The Court adopted Dr. Karen Oldham's 1% whole person impairment rating for chronic pain syndrome, finding Discount Tire did not provide clear and convincing evidence to rebut the presumption of correctness given to the Medical Impairment Rating Registry physician's opinion. Furthermore, Mr. Hubbard was deemed entitled to increased benefits, receiving an award of $2,521.00, due to not returning to work for any employer. The Court also ordered Discount Tire to provide open medical benefits for both costochondritis and chronic pain syndrome, recognizing their work-related causation.

Workers' CompensationPermanent Disability BenefitsImpairment RatingChronic Pain SyndromeCostochondritisMedical Impairment Rating RegistryPreponderance of EvidenceClear and Convincing EvidenceReturn to WorkMedical Benefits
References
3
Case No. 2017-03-0447
Regular Panel Decision
Aug 27, 2018

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case involves Rick O. Muncy, an employee of Premium Distributors, Inc., who experienced bilateral elbow and low back pain while unloading ice cream on July 14, 2016. He sought evaluation for his back pain from his authorized treating physician, Dr. Gerald Russell, but Premium Distributors refused, citing Dr. Russell's prior assessment that his current back symptoms were not work-related. The employer relied on a medical questionnaire from Dr. Russell, who had last seen Mr. Muncy two years prior. The Court questioned Dr. Russell's knowledge of Mr. Muncy's current complaints and found that Mr. Muncy presented sufficient evidence to warrant a return visit. The Court ordered Premium Distributors to provide Mr. Muncy with a return visit to Dr. Russell for evaluation and treatment of any work-related back injury.

Workers' CompensationExpedited HearingMedical BenefitsBack PainElbow PainTreating PhysicianCausation OpinionBurden of ProofTennesseeMedical Evaluation
References
2
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

The case addresses whether Travelers, a workers' compensation insurance carrier, is entitled to priority for its prepetition unpaid workers' compensation premiums under 11 U.S.C. § 507(a)(4). Chief Judge George C. Paine, II, ruled that these premiums do not qualify as contributions to an "employee benefit plan" as defined by the statute. The court emphasized that priority status is disfavored and should only be granted where explicitly intended by Congress. It concluded that workers' compensation premiums are not voluntary "contributions," nor do they constitute a "plan" primarily benefiting employees, and they do not "arise from services rendered." Consequently, the court sustained the debtor's objection, denying priority status to Travelers' claim.

Bankruptcy LawWorkers CompensationPriority ClaimsEmployee BenefitsStatutory InterpretationUnsecured CreditorsInsurance PremiumsSixth Circuit PrecedentDebtor-Creditor LawFederal Bankruptcy Code
References
22
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The appellant, a workmen's compensation insurance carrier, sued the appellee, a subscriber under the workmen's compensation law, to recover premiums on workmen's compensation and liability insurance policies. The central issue was the proper classification of employees for premium calculation, particularly for work done in Colorado. The appellant reclassified employees to a higher-rated "iron and steel erection" due to the appellee's alleged failure to provide sufficient payroll records, while the appellee argued for "millwright work" classification and sought an offset for overcharged premiums. The jury found the work was "millwright work." The court affirmed the lower court's judgment, stating that the appellant failed to prove employees were doing the more hazardous work to justify the higher classification and had waived this finding by not requesting the issue.

Workmen's Compensation InsuranceInsurance PremiumsEmployee ClassificationMillwright WorkIron and Steel ErectionPayroll RecordsTexas Insurance CodeJury VerdictAccord and SatisfactionWaiver of Finding
References
3
Case No. MISSING
Regular Panel Decision
Apr 21, 2005

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

This case concerns an action to recover workers' compensation retrospective insurance premiums. The Supreme Court initially granted partial summary judgment to the plaintiffs, denied other parts, granted limited discovery to defendant Joyce International, Inc., and dismissed the complaint against defendant Streater, Inc. On appeal, the court unanimously modified the prior order, denying Streater, Inc.'s cross-motion to dismiss and reinstating the complaint against them, while otherwise affirming the initial decision. Specifically, summary judgment for plaintiffs' second through fifth causes of action was denied due to insufficient documentation of premium computations. However, dismissal of affirmative defenses and counterclaims alleging breach of good faith and fiduciary duty was upheld. The appellate court found it an improvident exercise of discretion to dismiss against Streater, Inc., noting that plaintiffs had not abandoned the multiparty action and Streater was not prejudiced by the delay in seeking a default judgment, in consideration of CPLR 3215 (c).

Summary JudgmentInsurance PremiumsWorkers' CompensationRetrospective Premium PolicyGood Faith and Fair DealingFiduciary DutyDiscovery DisputeDefault JudgmentCPLR 3215(c)Appellate Review
References
6
Case No. MISSING
Regular Panel Decision
Sep 22, 2005

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The New York County Supreme Court's order, which granted the plaintiff summary judgment and denied the defendant's cross-motion to dismiss in an action for unpaid workers' compensation premiums, was unanimously affirmed. The plaintiff successfully presented documentary evidence, including the insurance application, policy, audit reports, and statements, establishing a prima facie case. The court rejected the defendant's arguments concerning unproven policy terms, which were improperly raised, and conjectural claims about premium calculation. Additionally, the defendant's cross-motion to dismiss on grounds of "gross laches" was denied due to the absence of a CPLR 3216 notice. The defendant's unsubstantiated demand for discovery, which had been delayed for years, was deemed insufficient to prevent summary judgment.

Summary JudgmentWorkers' Compensation PremiumsAppellate AffirmationDocumentary EvidenceLaches DefenseCPLR 3216 NoticeInsurance Policy AuditPrima Facie CaseNew York LawUnpaid Premiums
References
6
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