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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

Edwards v. Jet Blue Airways Corp.

Glenn Edwards initiated a putative class action against Jet Blue Airways Corporation, alleging violations of New York Labor Law, article 19, § 650 et seq., concerning overtime compensation. Edwards claimed that Jet Blue failed to pay him at 1.5 times his regular rate for hours worked beyond 40 that were exchanged with coworkers. Jet Blue sought to dismiss the complaint, asserting an exemption under the Fair Labor Standards Act (FLSA) § 213 (b) (3) for air carriers, which it argued was incorporated into New York's 12 NYCRR 142-2.2. The court acknowledged the applicability of the FLSA exemption to Edwards due to Jet Blue's status as an air carrier. However, the court ruled that 12 NYCRR 142-2.2 still mandates overtime pay at 1.5 times the basic minimum hourly rate for exempt employees, which in this context means their regular pay rate plus one half times the New York State minimum wage. Finding that Edwards' complaint sufficiently alleged inadequate overtime compensation under New York law based on this calculation, the court denied Jet Blue's motion to dismiss.

Class actionOvertime payLabor LawFair Labor Standards Act (FLSA)Railway Labor Act (RLA)Minimum wageAir carrier exemptionWage and hour disputeMotion to dismissNew York employment law
References
18
Case No. 2021 NY Slip Op 04174
Regular Panel Decision
Jul 01, 2021

Edwards v. State Univ. Constr. Fund

Stephen Edwards was injured during renovations at SUNY Oneonta when he allegedly hit his head on a wooden beam supporting a scaffold and fell down stairs. Edwards and his wife commenced an action against the State University Construction Fund (owner), Fahs Construction Group, Inc. (general contractor), and Tim Duffek Contracting, Inc. (subcontractor), alleging violations of Labor Law §§ 200 and 241 (6), common-law negligence, and loss of consortium. The Supreme Court denied motions to dismiss by SUCF and Fahs, partially granted Duffek's motion, awarded contractual indemnification to SUCF and Fahs from Ralo Construction, Inc. (Edwards's employer), and denied Ralo's motion to dismiss third-party complaints. On appeal, the Appellate Division affirmed the denial of summary judgment for SUCF and Fahs on Labor Law § 200, common-law negligence, and Labor Law § 241 (6) claims, citing triable issues of fact regarding a dangerous condition and notice. The court also affirmed the dismissal of the Labor Law § 241 (6) claim against Duffek. However, it reversed the premature award of contractual indemnification to SUCF and Fahs from Ralo due to unresolved questions of negligence, and granted Ralo's motion to dismiss the breach of contract claims.

Construction accidentScaffold injuryDangerous conditionPremises liabilityContractual indemnificationBreach of contractSummary judgmentLabor Law § 200 claimLabor Law § 241(6) claimCommon-law negligence
References
38
Case No. 2015 NY Slip Op 06751
Regular Panel Decision
Sep 08, 2015

All State Flooring Distributors, L.P. v. MD Floors, LLC

Plaintiff, All State Flooring Distributors, L.P., initiated legal action against MD Floors, LLC, and Michael Savino to recover $48,188.50 for wood flooring delivered. MD Floors, in turn, filed counterclaims asserting that it incurred additional labor costs due to faulty flooring and was subjected to double-billing. The Supreme Court initially denied the plaintiff's motion for summary judgment, citing both a procedural default and the presence of triable issues of fact. On appeal, the Appellate Division, First Department, affirmed the denial of summary judgment, while correcting the Supreme Court's finding of a procedural default. The Appellate Division concurred that substantial triable issues of fact existed regarding partial payments, attorney's fees, and the alleged personal guaranty by Savino, and also affirmed the existence of triable issues concerning MD Floors' counterclaims for additional labor costs and double-billing.

Summary JudgmentBreach of ContractPersonal GuarantyCounterclaimsProcedural DefaultAppellate ReviewTriable Issues of FactAttorney's FeesCommercial LawContract Dispute
References
3
Case No. ADJ10620323
Regular
May 14, 2019

EDWARD ZOZOSKY vs. INTERSTATE DISTRIBUTOR CO.; XL INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board affirmed a finding that Edward Zozosky sustained a right shoulder injury arising out of and in the course of employment, despite conflicting evidence regarding a forceful braking event. The Board found that medical reports from Dr. Kupfer and Dr. Zardouz constituted substantial evidence supporting the injury AOE/COE. While the defendant presented testimony and evidence questioning the mechanics of the alleged forceful stop, the Board gave deference to the administrative law judge's credibility determination of the applicant. However, one Commissioner dissented, arguing that the applicant failed to present substantial evidence of an industrial injury, emphasizing the lack of corroborating medical history and applicant's credibility issues.

AOE/COEhard braking eventOnGuard systemABS brakesrotator cuff capsule sprainindustrial aggravationQMEmedical opinioncredibility determinationsubstantial evidence
References
0
Case No. ADJ11062454
Regular
Oct 16, 2020

SIMON GONZALEZ RODRIGUEZ vs. JS TECHNOLOGIES, INC., PREFERRED EMPLOYERS INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original Findings and Order, remanding the case to the WCJ for further proceedings. The Board found that neither the applicant's testimony nor the medical reports from Dr. Haronian or Dr. Chun constituted substantial evidence regarding the applicant's injury. Specifically, Dr. Haronian's reports contained factual inconsistencies and lacked sufficient reasoning, while Dr. Chun's reports failed to address the cumulative injury claim. Therefore, the Board determined the record needed further development to properly adjudicate the injury AOE/COE and the post-termination defense.

ADJ11062454Petition for ReconsiderationFindings and OrderQualified Medical ExaminerSubstantial EvidenceLabor Code Section 3600(a)(10)Cumulative TraumaInjury AOE/COEPost-Termination DefenseMedical Opinion
References
11
Case No. 2014-1493 W CR
Regular Panel Decision
Aug 01, 2016

People v. Oliva (Edward)

Edward P. Oliva appealed convictions for driving while ability impaired and two counts of passing a red signal. The Appellate Term, Second Department, dismissed the appeal concerning passing a red signal as abandoned due to lack of raised issues. The judgment convicting Oliva of driving while ability impaired was affirmed. The court found sufficient evidence to support the conviction, noting that Oliva consumed alcohol, exhibited signs of impairment such as glassy eyes and slurred speech, fled an accident scene at high speed, and refused a breath test. Oliva's defense, attributing his condition to fatigue and shock, was deemed meritless by the court.

Driving While Ability Impaired (DWAI)Vehicle and Traffic Law ViolationsAppellate Review of ConvictionSufficiency of EvidenceRefusal to Submit to Chemical TestConsciousness of GuiltLesser-Included OffensePolice ChaseOperating a Motor Vehicle Under InfluenceTraffic Accident
References
19
Case No. 533459
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Edward Hopeck

Claimant Edward Hopeck sustained a left knee injury in 1984, leading to a schedule loss of use award which was later increased in 2000. Following knee replacement surgery in 2006, the Workers' Compensation Law Judge marked the case for no further action pending new medical evidence. In 2020, after additional knee surgeries in 2017 and 2019, claimant sought further awards. However, both the WCLJ and the Workers' Compensation Board ruled that the reopening of the claim was barred by Workers' Compensation Law § 123, citing the lapse of time since the injury and last payment. The Appellate Division affirmed this decision, concluding that the claimant's decade-long inaction in pursuing awards constituted an abandonment of the claim, thus making the time limitations of § 123 applicable.

Workers' Compensation Law § 123Reopening of ClaimStatute of LimitationsSchedule Loss of Use AwardKnee InjuryAppellate ReviewClaim AbandonmentMedical EvidenceWorkers' Compensation Board DecisionJudicial Review
References
7
Case No. 534627
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Edward Zeltman

Claimant Edward Zeltman appealed a Workers' Compensation Board decision denying his claim for benefits, alleging neck, lower back, left shoulder, and consequential knee injuries from two incidents on March 15, 2019, while working for Infinigy Engineering, PLLC. The Board, affirming a WCLJ's ruling, found the claimant not credible due to delayed reporting of a slip and fall, inconsistent medical histories, lack of witnesses, and a potential motive to fabricate claims after being reassigned. The court affirmed the Board's determination, concluding that substantial evidence supported the finding that Zeltman failed to establish a causal relationship between his injuries and employment, emphasizing the Board's role as the sole arbiter of witness credibility and its reasonable inferences from the evidence.

Workers' Compensation BenefitsCausally-Related InjuryCredibility AssessmentDelayed ReportingInconsistent Medical HistoriesSlip and FallHeavy Equipment LiftingPre-existing ConditionsSubstantial EvidenceAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Edwards v. Jericho Union Free School District

Plaintiff Lisa Edwards sued Jericho Union Free School District and several individuals for race-based discrimination, hostile work environment, and retaliatory employment practices under Title VII, 42 U.S.C. §§ 1981, 1988, NYSHRL, and state emotional distress claims. Defendants moved for summary judgment. The court granted summary judgment, dismissing all of plaintiff's claims. The court found plaintiff failed to establish a prima facie case of discrimination or provide evidence of pretext, or a link between hostile actions and race, or awareness of protected activity by the defendants. The emotional distress claims were also dismissed for not meeting the 'outrageous conduct' standard.

Employment DiscriminationRace DiscriminationHostile Work EnvironmentRetaliation ClaimSummary Judgment GrantedTitle VIISection 1981NYSHRLEmotional DistressTeacher Tenure
References
56
Case No. MISSING
Regular Panel Decision
Sep 01, 1994

Hunt v. Hunt

This case involves an appeal stemming from a dispute between two brothers, Donald and Edward G. Hunt, over the ownership of Hunt Brothers Contractors, Inc. Donald commenced an action claiming 50% shareholder ownership in the corporation and seeking an accounting, which Edward denied. Edward counter-sued for money damages, alleging Donald improperly withdrew funds from joint bank accounts. The Supreme Court dismissed Donald's claim and ruled in favor of Edward in the second action. Donald appealed, but the appellate court affirmed the lower court's judgment. The court found that Donald failed to prove his 50% ownership claim by a preponderance of the evidence, noting inconsistencies in his statements and lack of capital contribution. The appellate court also deferred to the trial court's assessment of witness credibility, and Donald abandoned his appeal regarding the damages awarded to Edward.

Shareholder disputeCorporate ownershipFamily business disputeEvidentiary burdenCredibility assessmentAppellate reviewJoint bank accountsBusiness assetsStock ownershipCorporate records
References
9
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