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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

Thomas v. City of Troy

Adrian Thomas filed a civil rights action against City Defendants (City of Troy, Adam R. Mason, Ronald Fountain, Tim Colaneri) and County Defendants (County of Rensselaer, Dr. Michael Sikirica) alleging malicious prosecution, violation of fair trial rights, failure to intervene, and conspiracy. The claims arise from his conviction for his son's murder, based on an allegedly coerced confession and a fabricated autopsy report by Dr. Sikirica. His conviction was later overturned, and he was acquitted in a re-trial. The Court addressed three motions to dismiss, granting in part and denying in part for both sets of defendants regarding Plaintiff's claims. Specifically, Plaintiff's malicious prosecution and certain conspiracy claims survived, while fair trial, failure to intervene, and municipal liability claims were dismissed as untimely or for failing to state a claim. City Defendants' cross-claims against County Defendants for indemnification and contribution were also dismissed.

Civil RightsSection 1983Malicious ProsecutionFabricated EvidenceCoerced ConfessionAutopsy ReportMunicipal LiabilityQualified ImmunityAbsolute ImmunityMotion to Dismiss
References
79
Case No. MISSING
Regular Panel Decision

Thomas v. Sullivan

Gertrude Thomas challenged the Social Security Administration's termination of her widow's benefits. After living with Joseph Thomas for 47 years in a common law marriage and receiving benefits, she was denied them following his death because his prior, undissolved ceremonial marriage to Janie Thomas was deemed valid. Gertrude argued that 42 U.S.C. § 416(h)(1)(B) violated equal protection by granting benefits to those in invalid ceremonial marriages but not invalid common law marriages. The District Court upheld the denial, finding a rational basis for the distinction in preventing fraud and easing administration, and dismissed the complaint.

Social Security ActWidow's BenefitsCommon Law Marriage ValidityCeremonial Marriage ValidityEqual Protection ChallengeRational Basis TestStatutory InterpretationFraud PreventionAdministrative EfficiencyDeemed Widow Provision
References
3
Case No. 05 Civ. 606
Regular Panel Decision

Thomas v. Istar Financial, Inc.

Plaintiff Kenneth Thomas sued iStar Financial, Inc. and Ed Baron for race discrimination, hostile work environment, and retaliation under Title VII and the NYCHRL. Defendants sought summary judgment on all claims, citing Thomas's poor performance and denying discriminatory intent. The Court granted summary judgment for defendants on Thomas's hostile work environment, disparate treatment, and certain retaliation claims (continuing hostile work environment, threats, reprimands, and negative references). However, the Court denied summary judgment on Thomas's claims for discriminatory termination and retaliation in the form of termination, finding that genuine issues of material fact precluded a full dismissal.

Race DiscriminationRetaliationHostile Work EnvironmentTitle VII ClaimsNYCHRL ClaimsSummary Judgment MotionEmployment DiscriminationDisparate TreatmentWrongful TerminationFederal Litigation
References
66
Case No. 532932
Regular Panel Decision
Jan 06, 2022

In the Matter of the Claim of Thomas Lazalee

Claimant Thomas Lazalee, a truck driver, had established work-related occupational diseases in both hands, undergoing multiple surgeries between 2018 and 2019. His treating physician, Raymond Stefanich, periodically classified him as temporarily totally disabled post-surgery, during which time the employer, Wegman's Food Markets, Inc., voluntarily paid temporary total disability benefits. At an April 2020 hearing, the employer accepted an amendment to the claim but requested to cross-examine Dr. Stefanich regarding the degree of disability following the October 2019 surgery. Both the Workers' Compensation Law Judge and the Board denied this request as untimely. The Appellate Division affirmed the Board's decision, finding that the employer's request was untimely and disingenuous, given their prior voluntary payments and the uncontroverted medical reports.

Occupational DiseaseCarpal Tunnel SyndromeTrigger ThumbTemporary Total DisabilityCross-Examination RequestUntimely RequestTreating PhysicianMedical Report AdmissibilityWorkers' Compensation Board DecisionAppellate Review
References
8
Case No. 2020 NY Slip Op 07642
Regular Panel Decision
Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

Aston R. Thomas, a claimant, was hired by US Pack Logistics, LLC to deliver blood samples. The Unemployment Insurance Appeal Board determined that Thomas was an employee of US Pack Logistics, LLC, making the company liable for unemployment insurance contributions. US Pack Logistics, LLC appealed this decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's finding of an employer-employee relationship, noting that US Pack Logistics, LLC exercised sufficient supervision, direction, and control over significant aspects of Thomas's work, despite Thomas using his own vehicle and not being reimbursed for expenses. The court emphasized that the determination of an employment relationship is a question of fact, and the Board's decision, if supported by substantial evidence, is beyond further judicial review.

Unemployment Insurance LawEmployer-Employee RelationshipIndependent ContractorControl TestAppellate ReviewUnemployment Insurance ContributionsLabor LawSubstantial EvidenceUnemployment Insurance Appeal BoardJudiciary Law
References
6
Case No. 2019 NY Slip Op 00446 [168 AD3d 955]
Regular Panel Decision
Jan 23, 2019

Matter of Thomas v. Town of Southeast, N.Y.

Petitioner Timothy Thomas, a road maintenance equipment operator, was accused of 12 counts of misconduct by his employer, the Town of Southeast, New York. Allegations included disobeying orders, unauthorized absence, and threatening a superior. Following an administrative hearing under Civil Service Law § 75, the hearing officer found Thomas guilty of 6 charges and recommended termination, citing the nature of incidents, lack of credibility/remorse, and prior disciplinary record. The Town Board adopted this recommendation, leading to Thomas's employment termination. Thomas initiated a CPLR article 78 proceeding for review. The Appellate Division confirmed the Town's determination, denied the petition, and dismissed the proceeding, concluding that the factual findings were supported by substantial evidence and the penalty of dismissal was not disproportionate to the offenses.

CPLR Article 78Administrative LawPublic EmploymentMisconductTermination of EmploymentCivil Service LawSubstantial EvidenceJudicial ReviewPenalty DisproportionAppellate Review
References
11
Case No. 2017 NY Slip Op 04360 [151 AD3d 412]
Regular Panel Decision
Jun 01, 2017

Thomas v. New York City Department of Education

Plaintiff, Michael P. Thomas, a taxpayer, filed a lawsuit against the New York City Department of Education (DOE), Chancellor Farina, and Communications Workers of America District One (CWA), alleging fraudulent and wasteful acts related to CWA's use of public school property for a meeting. Thomas also accused the Office of the Special Commissioner of Investigation for the New York City School District (SCI) of fraudulently concealing these actions. The Supreme Court granted the defendants' motion to dismiss the amended complaint. The Appellate Division affirmed this decision, finding that CWA paid the customary fees for using the school premises, thus not constituting an illegal gift of money under the New York State Constitution. Furthermore, the Court determined that no cause of action under General Municipal Law § 51 existed because there was no fraud or entirely illegal purpose, and Thomas could not use a taxpayer action to correct technical irregularities. Finally, the Court concluded that Thomas failed to plead a cause of action for fraudulent misrepresentation against SCI due to lack of intent to deceive and insufficient specificity in his allegations.

Taxpayer ActionFraudulent MisrepresentationWasteful ActsPublic School Property UseGift of MoneyGeneral Municipal LawCPLR 3016(b) Pleading RequirementsAppellate ReviewMotion to DismissSufficiency of Pleadings
References
4
Case No. ADJ884160 (LBO 0394637)
Regular
Mar 08, 2013

Shahdeh Khodawandi vs. Disneyland Resort

The Appeals Board granted reconsideration of an order dismissing lien claimant Dr. Thomas's lien claim. The dismissal occurred after Dr. Thomas and his then-agent failed to appear at a lien conference and a subsequent Notice of Intent to Dismiss (NOI) was not properly served on his agent. The Appeals Board found the petition for reconsideration timely as the dismissal order was not properly served on Dr. Thomas's agent of record. Furthermore, the dismissal order was issued prematurely, before the full 35-day period for a response to the NOI had expired, even with the mail-delay extension. The case is returned to the trial level to determine if Dr. Thomas has good cause to set aside the NOI.

Workers' Compensation Appeals BoardLien ClaimReconsiderationOrder Dismissing LienLien ConferenceCompromise and ReleaseNotice of Intention to Dismiss LienGood CauseService of ProcessAgent of Record
References
0
Case No. MISSING
Regular Panel Decision

Thomas v. Nassau County Correctional Center

Plaintiff Robert Thomas, an inmate, filed a pro se action under 42 U.S.C. § 1983 against the Nassau County Correctional Center, Sheriff Edward Reilly, Officer Kenneth H. Williams, Nassau County, and the Director of Nassau County University Hospital, alleging inadequate medical treatment for an injured hand. The Nassau County defendants moved to dismiss the complaint for failure to state a federal cause of action, arguing the allegations amounted to medical malpractice, not an Eighth Amendment violation. The court found that Thomas failed to allege a sufficiently serious medical condition or deliberate indifference from the defendants. Consequently, the court granted the motion to dismiss the claims against the Nassau County defendants and sua sponte dismissed claims against the director, both without prejudice. The plaintiff was granted leave to file an amended complaint.

Inadequate Medical CareDeliberate IndifferenceEighth AmendmentFourteenth AmendmentSection 1983Prisoner RightsMotion to DismissMedical MalpracticePro Se PlaintiffJail Conditions
References
38
Case No. CV-23-0874
Regular Panel Decision
Nov 21, 2024

In the Matter of the Claim of Thomas LaMont (dec'd)

This case involves an appeal from a Workers' Compensation Board decision that awarded death benefits to Dalena Lamont, the widow of Thomas Lamont. Thomas Lamont, a participant in World Trade Center rescue operations, developed rectal cancer in 2017, establishing a lifetime claim for an occupational disease. After his death in 2022, his widow sought death benefits. The Board ruled that the death was a consequence of the original occupational disease, setting the date of disablement as September 28, 2017, and holding Safety National Casualty Corp. liable for benefits calculated based on the average weekly wage at that disablement date. The Appellate Division affirmed the Board's decision, emphasizing that in occupational disease cases, disablement is treated as the date of the accident for determining injury date and average weekly wage for death benefits.

Workers' Compensation LawDeath Benefits ClaimOccupational DiseaseWorld Trade Center OperationsRectal Cancer DiagnosisDate of DisablementAverage Weekly Wage CalculationGround Zero ExposureAppellate ReviewThird Judicial Department
References
12
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