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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

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
Case No. MISSING
Regular Panel Decision

Patterson-Stevens, Inc. v. International Union of Operating Engineers Local Union No. 17

Patterson-Stevens (plaintiff) sought to vacate a July 24, 1995 judgment and amend its complaint against Local 17 (defendant). The original complaint sought an injunction to prevent arbitration of a grievance initiated by Local 17, which Patterson argued was untimely under a six-month statute of limitations. The court initially dismissed the case, lacking jurisdiction to issue an injunction. Patterson-Stevens then moved to vacate, arguing the complaint implicitly stated a claim for declaratory judgment. The court denied the motion, finding no clear error of law or manifest injustice in its prior decision. Furthermore, the proposed amendment for declaratory relief was deemed futile, as there was no legal precedent supporting a statute of limitations for grievance submission, unlike federal court actions.

Collective Bargaining AgreementGrievance ArbitrationStatute of LimitationsFederal JurisdictionInjunctive ReliefDeclaratory JudgmentMotion to Vacate JudgmentMotion to Amend ComplaintFederal Rules of Civil ProcedureNational Labor Relations Act
References
6
Case No. ADJ226519 (SDO 0302236) ADJ488924 (SDO 0329999)
Regular
May 23, 2011

Craig Stevens vs. PACIFIC BELL TELEPHONE COMPANY

In this Workers' Compensation Appeals Board case, the applicant, Craig Stevens, sought removal of an order continuing his case to a mandatory settlement conference. Stevens contended entitlement to temporary disability and spinal surgery, and alleged ex parte communication with the Agreed Medical Evaluator (AME), Dr. Harvey Wieseltier, necessitating his disqualification. The Appeals Board denied the Petition for Removal, adopting the WCJ's report and noting the petition was not correctly verified. The underlying issues of medical treatment and temporary disability remain for future proceedings.

Petition for RemovalExpedited HearingMandatory Settlement ConferenceTemporary Disability IndemnitySpinal SurgeryAgreed Medical EvaluatorDisqualificationEx Parte CommunicationLine InstallerIndustrial Injuries
References
0
Case No. ADJ12511510
Regular
May 02, 2025

STEVEN TOFANELLI vs. SECURITY CONTRACTOR SERVICES INC.; TRAVELERS SACRAMENTO

Defendant, Security Contractor Services Inc. and Travelers Sacramento, sought reconsideration of a Findings and Award which found that applicant Steven Tofanelli sustained a right ear injury causing 43% permanent disability without apportionment. Defendant contended the Workers' Compensation Administrative Law Judge (WCJ) erred by not finding apportionment, arguing that Dr. Ronald Ward's medical opinion constituted substantial evidence. The Appeals Board granted the petition for reconsideration, concluding that Dr. Ward's opinion on apportionment lacked substantial medical evidence as it failed to adequately explain how or why 98% of the applicant's total hearing loss was due to congenital factors versus the industrial head injury, and did not properly distinguish between apportionment of causation and disability. A final decision after reconsideration has been deferred pending further review.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardApportionmentSubstantial Medical EvidenceRonald Ward M.D.Permanent DisabilityLabor Code Section 5909Electronic Adjudication Management System (EAMS)Opinion on Decision
References
21
Case No. 2020 NY Slip Op 06534
Regular Panel Decision
Nov 12, 2020

Matter of Stevens v. Carey

The father, Robert Stevens, appealed from an order of the Family Court, Putnam County, entered August 23, 2019, which dismissed his petition to modify a prior order of custody and parental access. The Family Court had dismissed the petition without prejudice, awaiting a comprehensive substance abuse evaluation from the father. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the father failed to demonstrate a sufficient change in circumstances to warrant a modification of the parental access arrangements and had not addressed his substance abuse and mental health issues.

Custody ModificationParental AccessFamily Court AppealSubstance Abuse EvaluationChange in CircumstancesBest Interests of the ChildAppellate DivisionDismissal Without PrejudiceChild Custody
References
8
Case No. 2007 NY Slip Op 27117
Regular Panel Decision
Mar 16, 2007

Matter of Frances W. v. Steven M.

Petitioner Frances W. sought child support from respondent Steven M. for her niece, Melissa M. The court denied the application, affirming prior findings by a Referee and another Judge that Ms. W. had improperly brainwashed Melissa into falsely believing her father sexually abused her, thereby destroying their relationship. The court applied the doctrine of collateral estoppel and cited Matter of Orange County Dept. of Social Servs. v Meehan, concluding that Ms. W. forfeited her right to child support due to her egregious conduct. The decision emphasized that Ms. W. should not profit from her own wrongdoing, but clarified that Melissa M. retains the right to file her own support or enforcement petition against her father.

Child SupportParental AlienationCollateral EstoppelFamily LawChild Abuse AllegationsCustody DisputeVisitation InterferenceJudicial DiscretionForensic PsychologyChild Welfare
References
19
Case No. 532577
Regular Panel Decision
Feb 10, 2022

In the Matter of the Claim of Steven Coll

Claimant Steven Coll sustained neck and left shoulder injuries in a 2016 work accident and received temporary partial disability benefits. He subsequently took a light-duty job as a school security officer but was laid off on June 30, 2020, due to the COVID-19 pandemic. A Workers' Compensation Law Judge and the Workers' Compensation Board ruled that Coll was not entitled to reduced earnings awards after this date because his job loss was unrelated to his work-related disability. The Appellate Division affirmed, finding substantial evidence supported the Board's determination that Coll's unemployment was voluntary for workers' compensation purposes, as his disability did not cause or contribute to his separation from employment. The Court noted that his remedy would be unemployment insurance benefits.

Reduced Earnings AwardsVoluntary UnemploymentLabor Market WithdrawalCOVID-19 Impact on EmploymentWork-Related DisabilityCausation of UnemploymentWorkers' Compensation Board DecisionAppellate Division ReviewSubstantial Evidence StandardLight-Duty Employment
References
7
Case No. MISSING
Regular Panel Decision

Katz v. Feinberg

This case involves a dispute between former business partners, Norman Katz (petitioner) and Herbert Feinberg (respondent), arising from the sale of Katz's interest in their company, I. Appel Corporation, to Feinberg. An arbitration panel initially denied most claims but found that the purchase price valuation was improperly calculated. Katz petitioned the District Court to confirm the arbitration award in its entirety, while Feinberg cross-moved to partially vacate and modify the award, arguing the arbitrators exceeded their authority by re-fashioning the valuation determined by independent accountants (Mahoney, Cohen). The Court granted Feinberg's motion, vacating the portion of the award that adjusted the purchase price valuation, concluding that the original agreement made the accountants' determination final and immune from arbitral review. The remaining aspects of the arbitration award, including the direction for interest payments on the adjusted principal, were confirmed.

Arbitration AwardVacatur of AwardContract InterpretationPurchase AgreementBusiness Partnership DisputeAccountant ValuationFinality ClauseArbitrabilityFederal Arbitration ActNew York Law
References
24
Case No. MISSING
Regular Panel Decision
Sep 29, 1999

Faele v. New York City Health & Hospitals Corp.

Plaintiff Rosemary Faele, a nurse at Coney Island Hospital, sustained an eye irritation and received brief examinations from defendants Dr. Barry Eppinger and Dr. An-nan Das in the hospital's emergency room. Her condition worsened, and she was later diagnosed with a severe eye infection by a private ophthalmologist. Though compensated via Workers' Compensation, Faele and her husband initiated a medical malpractice action against the doctors and the New York City Health and Hospitals Corporation. The Supreme Court dismissed the complaint by granting summary judgment to the defendants. The appellate court affirmed this decision, ruling that a sufficient nexus existed between Faele's employment and the alleged malpractice, thereby precluding a common-law malpractice claim and limiting her recourse to Workers' Compensation.

Medical MalpracticeWorkers' Compensation PreclusionSummary Judgment AffirmationEmployment-Related InjuryHospital LiabilityEmergency Medical TreatmentAppellate Division DecisionPersonal InjuryDoctor-Patient NexusConey Island Hospital
References
4
Case No. MISSING
Regular Panel Decision

Stevens v. Barnhart

Plaintiff Patricia A. Stevens initiated a civil action to challenge the Administrative Law Judge's denial of her disability insurance benefits and Supplemental Security Income claims. Stevens alleged disability due to various physical and mental conditions since May 2000. The court reviewed the ALJ's decision based on three main arguments from the plaintiff: improper evaluation of treating physician opinions, incorrect assessment of her residual functional capacity, and inadequate consideration of her subjective pain reports. The court found no reversible error, determining that the ALJ appropriately weighed all medical evidence and considered Stevens' subjective complaints. Consequently, the court affirmed the ALJ's decision, granted judgment to the defendant, and dismissed the plaintiff's case.

Disability Insurance Benefits (DIB)Supplemental Security Income (SSI)Social Security ActAdministrative Law Judge (ALJ)Residual Functional Capacity (RFC)Treating Physician RuleMedical Evidence ReviewSedentary WorkCredibility AssessmentVocational Expert Testimony
References
19
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