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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Claim of Keselman v. New York City Transit Authority

The claimant appealed two decisions by the Workers’ Compensation Board concerning a discrimination claim. In 1986, the claimant sustained a shoulder injury and was placed on disability retirement in 1990 by the self-insured employer. In 2001, the claimant filed a discrimination claim, alleging retaliation for filing a workers' compensation claim. Both a Workers' Compensation Law Judge and the Board found the discrimination claim untimely, as it was filed almost 11 years after the alleged discriminatory practice in 1990, exceeding the two-year statutory period under Workers’ Compensation Law § 120. The Appellate Division affirmed the Board's decision, rejecting the claimant's argument that the two-year period should start from a later Board decision.

workers' compensationdiscrimination claimtimelinessstatute of limitationsretaliationdisability retirementAppellate DivisionBoard decisionNew York lawjudicial review
References
4
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. MISSING
Regular Panel Decision

Claim of Bal v. Sidewalk of New York Productions, Inc.

Claimant filed a discrimination claim under Workers' Compensation Law § 120, alleging retaliatory discharge for filing a workers' compensation claim. The employer contended the termination was due to unsatisfactory performance prior to the reported injury. A Workers’ Compensation Law Judge (WCLJ) denied the claim, questioning the claimant's testimony and a tape recording. A Board panel affirmed, and the Workers’ Compensation Board denied full Board review. The appellate court affirmed the Board's discretionary denial, finding no abuse of discretion as the claimant had ample opportunity to litigate the credibility issue and further review was unwarranted.

Workers' CompensationRetaliatory DischargeDiscrimination ClaimCredibility IssueDiscretionary ReviewFull Board ReviewPro Se RepresentationAppellate ReviewAbuse of DiscretionUnsatisfactory Job Performance
References
4
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Board of Higher Education & Professional Staff Congress/CUNY

This case addresses a petition to stay arbitration initiated by a petitioner against a respondent, representing Sandra Davis and Luis Rodriquez-Abad. The grievants, non-reappointed instructional staff at CUNY (Hunter College), sought arbitration alleging discrimination. The petitioner refused to process these grievances, citing a collective bargaining agreement clause (Section 20.7) that precludes arbitration for discrimination claims if a party has filed a claim in court or with a governmental agency. Sandra Davis had filed a Title VII lawsuit, and Luis Rodriquez-Abad had filed a complaint with the New York State Division of Human Rights. The court, referencing Alexander v. Gardner-Denver Co., ruled that while statutory rights cannot be prospectively waived, the contractual right to arbitration can be waived if a superior forum is chosen. Consequently, the court granted the petition to stay arbitration of the discrimination claim, allowing other claims to proceed to arbitration.

ArbitrationStay of ArbitrationCollective Bargaining AgreementDiscriminationNonreappointmentTenureGrievance ProcedureTitle VIICivil Rights ActExecutive Law
References
8
Case No. MISSING
Regular Panel Decision

Lampo v. Eastman Kodak Co.

The claimant appealed three decisions by the Workers' Compensation Board that denied additional disability benefits and rejected an application for reconsideration of a discrimination claim. The court found substantial evidence in Dr. David Smith's testimony, which indicated normal visual performance, supporting the Board's conclusion that the claimant had no loss of visual acuity. It was also noted that the claimant received 26 weeks of disability payments, and the employer's long-term disability plan, which exceeds state requirements, is governed solely by ERISA. The Board's decision to deny reconsideration of the discrimination claim was deemed neither an abuse of discretion nor arbitrary, as no new evidence was presented. Consequently, the court affirmed the Board's decisions.

Workers' Compensation BoardDisability BenefitsVisual AcuityERISADiscrimination ClaimReconsideration DenialSubstantial EvidenceCredibility IssueAppellate ReviewAffirmed Decision
References
3
Case No. CLAIM NO. 78
Regular Panel Decision

In Re DDI Corp.

This case concerns the application of excusable neglect to a late class proof of claim filed by Raymond Ferrari and other representatives on behalf of a putative class against DDi Corp., a debtor in a pre-arranged chapter 11 case. The claim was filed approximately six weeks after the bar date. The debtors moved to expunge the claim due to untimeliness and procedural defects, while the representatives cross-moved for leave to file late, arguing lack of actual notice. The court denied the cross-motion, finding that the class was an unknown creditor at the time the bar date notice was mailed, and therefore, excusable neglect was not established. Consequently, the debtors' motion to expunge Claim No. 78 was granted.

excusable neglectlate claimclass actionproof of claimbar datebankruptcysecurities fraudchapter 11actual noticeunknown creditor
References
10
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. 531391
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Thomas Hogan

Claimant Thomas Hogan, a freelance per diem technician, injured his finger in December 2015 while working for CBS Television Stations. He reported the injury and filed a workers' compensation claim. His employment ended on December 23, 2015, and Hogan subsequently filed a discrimination complaint under Workers' Compensation Law § 120, alleging retaliatory discharge for filing the claim. A Workers' Compensation Law Judge initially found in Hogan's favor, but the Workers' Compensation Board reversed, concluding that Hogan failed to prove a violation of § 120. Hogan appealed the Board's decisions. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's amended decision, finding substantial evidence supported the Board's conclusion that Hogan's termination was not causally linked to his workers' compensation claim, as he had been informed of his assignment's end date prior to his injury.

Retaliatory DischargeEmployment TerminationWorkers' Compensation ClaimDiscrimination ComplaintCausal NexusSubstantial EvidenceAppellate ReviewWorkers' Compensation BoardFreelance TechnicianOccupational Disease
References
9
Case No. MISSING
Regular Panel Decision

Beattie v. Farnsworth Middle School

Plaintiff Patricia Beattie, a part-time paraprofessional, filed a sex discrimination action against the Guilderland Central School District and several individual defendants, alleging sexual harassment by Roger Levinthal and retaliation after she reported the harassment. The court addressed motions to dismiss, finding that the sexual harassment claims were largely time-barred under Title VII due to the continuing violation exception not applying, and employer liability for co-worker harassment was not established for the physical acts. However, the court denied the motion to dismiss Plaintiff's Title VII retaliation claim, finding sufficient facts to support a prima facie case. Individual defendants' motions to dismiss for individual liability under HRL and Section 1983 were granted, except for Roger Levinthal. The Section 1985 conspiracy claim was also dismissed for lack of specific discriminatory animus.

Sexual harassmentRetaliationTitle VIINew York Human Rights LawSection 1983Continuing violation doctrineHostile work environmentEmployer liabilityIndividual liabilityPrima facie case
References
44
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