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Case No. 2021 NY Slip Op 04070
Regular Panel Decision
Jun 24, 2021

Matter of Cisnero v. Independent Livery Driver Benefit Fund

Claimant Jeffrey Cisnero, an independent livery driver, sustained injuries when he was shot during a dispatch. He filed a claim for workers' compensation benefits, which was initially disallowed by a WCLJ but later reversed by the Workers' Compensation Board, finding coverage through the Independent Livery Driver Benefit Fund (ILDBF). The carrier appealed, arguing misinterpretation of the relevant statutes, particularly Executive Law § 160-ddd (1). The Appellate Division, Third Department, affirmed the Board's decision, determining that Cisnero's injuries arose out of and in the course of providing covered services as an independent livery driver dispatched by an ILDBF member. The court found that the vehicle's attenuated affiliation with the New York Black Car Operators' Injury Compensation Fund, Inc. did not alter ILDBF's liability.

Workers' CompensationLivery DriverIndependent ContractorBenefit FundAccidental InjuryCourse of EmploymentStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Mihalaris v. UTOG 2-Way Radio, Inc.

A limousine driver, who leased his vehicle from Augie’s Auto Repair, Inc. (Augie) and was dispatched by UTOG 2-Way Radio, Inc. (UTOG), was assaulted and injured during a vehicle theft while working. Initially, a Workers’ Compensation Law Judge found the driver a general employee of Augie and a special employee of UTOG, apportioning liability. The Workers’ Compensation Board modified this, finding the driver solely an employee of UTOG, discharging Augie based on an interpretation of Workers’ Compensation Law § 2 (4) regarding lessor/owner control. UTOG and its carrier appealed, arguing the Board misapplied the law concerning taxicab drivers, contending the control-related factors only apply when the owner operates the taxicab 40+ hours weekly. The Appellate Court reversed the Board's decision, stating the Board incorrectly applied the statute by requiring control factors for Augie when the 40-hour exception was not met, and remitted the matter for a decision consistent with the controlling statute.

Workers' Compensation LawEmployment RelationshipLimousine DriverTaxicab DriversStatutory InterpretationLessor-Lessee RelationshipGeneral EmploymentSpecial EmploymentAppellate ReviewRemand
References
7
Case No. MISSING
Regular Panel Decision

Sundram v. City of Niagara Falls

The case involves a petitioner, an Indian national and permanent resident alien, whose application for a taxicab driver's license in Niagara Falls, New York, was denied due to a citizenship requirement in a city ordinance. The petitioner challenged this requirement, arguing it violated the Equal Protection Clause of the Fourteenth Amendment. Citing precedents like Yick Wo v. Hopkins and Truax v. Raich, the court affirmed that the Fourteenth Amendment extends protection to aliens regarding their right to earn a livelihood. The court found no compelling state interest to justify the citizenship classification for taxicab drivers, deeming the "undifferentiated fear" of criminal activity insufficient. Consequently, the court held subdivision (e) of section 16 of chapter 365 of the Niagara Falls ordinances unconstitutional, but withheld injunctive relief pending the full processing of the petitioner's application.

Citizenship RequirementEqual Protection ClauseFourteenth AmendmentAlien RightsTaxicab LicensingOrdinance ConstitutionalityOccupational LicensingDiscriminationRight to WorkNiagara Falls
References
14
Case No. MISSING
Regular Panel Decision

Claim of Darling v. Transport Drivers, Inc.

The claimant, a truck driver, began experiencing neck pain in 1998 and filed a claim for workers’ compensation benefits, asserting an occupational disease. His treating physician opined that his work activities likely aggravated his degenerative condition, while an independent medical examiner reached a contrary conclusion. A Workers’ Compensation Law Judge initially disallowed the claim, a decision subsequently upheld by the Workers’ Compensation Board. The Board's determination was based on its finding that the treating physician’s opinion relied on an inaccurate description of the claimant's work duties. The Appellate Division affirmed the Board's decision, concluding that it was supported by substantial evidence and acknowledging the Board's authority in resolving conflicting medical evidence.

Causal RelationshipNeck PainOccupational DiseaseMedical EvidenceIndependent Medical ExaminationTreating Physician OpinionSubstantial EvidenceBoard DeterminationAppellate ReviewTruck Driver Injury
References
1
Case No. ADJ8910480
Regular
Oct 02, 2015

SIMONA MONTALVO vs. DRIVER'S MANAGEMENT, LLC, ACE AMERICA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board upheld the Administrative Law Judge's decision that the applicant, a truck driver, did not sustain a psychiatric injury arising out of and occurring in the course of employment. This denial was based on the ALJ's finding of applicant's lack of credibility due to inconsistent statements and the absence of substantial evidence to overturn this determination. The Board also admonished applicant's representative for misrepresenting an exhibit's status in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJpsychiatric injuryLabor Code section 3208.3(d)credibility determinationReport and RecommendationMandatory Settlement Conference (MSC)Pre-Trial Conference Statement
References
1
Case No. MISSING
Regular Panel Decision

Upstate New York Bakery Drivers and Industry Pension Fund v. Colony Liquor Distributors, Inc.

Plaintiff, Upstate New York Bakery Drivers and Industry Pension Fund, brought an action against Defendant, Colony Liquor Distributors, Inc., under ERISA, seeking $12,610 in delinquent fringe benefit contributions, along with interest, liquidated damages, and attorney's fees. The Court held oral argument on July 1, 1997, granting Plaintiff partial summary judgment for $10,494 in unpaid contributions, statutory interest, and liquidated damages, while denying Defendant's cross-motions. The remaining dispute concerned contributions for vacation leave from August 19, 1990, to December 31, 1991, which the Court resolved by granting partial summary judgment in favor of the Defendant, interpreting the collective bargaining agreement's Article XXII as unambiguously limiting contributions based on actual days worked. Consequently, the Plaintiff was awarded attorney's fees and costs, adjusted from the initial request. The final judgment ordered the Defendant to pay a total of $40,595.76, encompassing delinquent contributions, statutory interest, liquidated damages, and attorney's fees.

ERISAPension FundCollective Bargaining AgreementDelinquent ContributionsSummary JudgmentAttorney's FeesStatutory InterestLiquidated DamagesNorthern District of New YorkVacation Contributions
References
16
Case No. MISSING
Regular Panel Decision

In re Automotive Service Systems, Inc.

Automotive Service Systems, Inc., a company dispatching drivers, appealed a decision by the Unemployment Insurance Appeal Board that assessed it for additional unemployment insurance contributions totaling $19,754.76. The Board had determined that an employment relationship existed between Automotive and its drivers. The Appellate Division affirmed the Board's decision, finding substantial evidence that Automotive exercised sufficient control over its drivers' work, including setting payment terms, providing trip sheets, dictating attire and vehicle type, and handling customer complaints, thereby supporting the conclusion that the drivers were employees.

Unemployment InsuranceEmployment RelationshipIndependent ContractorControl TestAppellate ReviewSubstantial EvidenceDriversDispatch ServicesLabor LawEmployer Contributions
References
8
Case No. MISSING
Regular Panel Decision

In re the Claim of Webley

Graphic Transmissions, Inc., a package delivery service, appealed a decision by the Unemployment Insurance Appeal Board. The Board had ruled that the company's owner-drivers were employees, not independent contractors, a finding Graphic challenged as lacking substantial evidence. Graphic argued that it only exercised incidental control over the results produced by drivers, not the means. However, the Board presented evidence of an employer-employee relationship, including driver identification cards, Graphic's control over customer access and rates, payment for workers' compensation, and requirements for driver appearance and vehicle maintenance. The court affirmed the Board's decision, concluding that the evidence constituted substantial support for the finding of an employer-employee relationship and rejecting Graphic's other arguments regarding workers' compensation costs and the claimant's self-employment.

Unemployment InsuranceIndependent ContractorEmployer-Employee RelationshipWorkers' CompensationSubstantial EvidenceAppeal BoardDelivery ServiceControl TestJudicial ReviewLabor Law
References
3
Case No. 2022 NY Slip Op 06033
Regular Panel Decision
Oct 27, 2022

Matter of Bernal v. New York Apple Car Serv.

Claimant's spouse, a cab driver dispatched by New York Apple Car Service (NYACS), was fatally stabbed while working. Claimant filed for workers' compensation death benefits. NYACS, a member of the Independent Livery Driver Benefit Fund (ILDBF), disputed liability, contending the decedent was a black car operator, making the New York Black Car Operator's Injury Compensation Fund (NYBCOICF) responsible. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's decision that the decedent was an independent livery driver, holding the ILDBF carrier liable. The Appellate Division affirmed the Board's determination, rejecting the argument that the vehicle's affiliation with the NYBCOICF was determinative and relying on precedent set in _Matter of Cisnero v Independent Livery Driver Benefit Fund_.

Workers' CompensationDeath BenefitsIndependent Livery DriverBlack Car OperatorFund LiabilityStatutory InterpretationAppellate ReviewDispatch ServiceEmployer ResponsibilityVehicle Affiliation
References
1
Case No. 532689
Regular Panel Decision
Oct 27, 2022

In the Matter of the Claim of Monica Patricia Hidalgo Bernal (Poncefarfan, (dec'd) Otto)

Monica Patricia Hidalgo Bernal filed a claim for workers' compensation death benefits after her spouse, a cab driver, was fatally stabbed while dispatched by New York Apple Car Service (NYACS). NYACS, a member of the Independent Livery Driver Benefit Fund (ILDBF), controverted the claim, contending the decedent was a black car operator, thus making the New York Black Car Operators Injury Compensation Fund (NYBCOICF) liable. The Workers' Compensation Board found the decedent to be an independent livery driver, holding NYACS and its ILDBF carrier responsible. The Appellate Division affirmed the Board's decision, referencing Matter of Cisnero v Independent Livery Driver Benefit Fund, and reiterated that the vehicle's affiliation with NYBCOICF does not negate liability when the dispatch originated from an independent livery base.

Workers' CompensationDeath BenefitsIndependent Livery Driver Benefit Fund (ILDBF)New York Black Car Operators Injury Compensation Fund (NYBCOICF)Livery DriverBlack Car OperatorStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
1
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