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

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

Gould v. International Paper Co.

Plaintiff Lawrence Gould sustained a severe head injury while performing logging work for his father on property owned by International Paper Company. Plaintiff and his wife initiated an action against G.L. & R.L. Logging, Inc., International Paper Company, and International Paper Timberlands Operating Company, alleging that G.L. & R.L. Logging, Inc. left the property in a dangerous condition by allowing hanging trees to remain, which caused the plaintiff's injuries. Earlier in the litigation, International Paper Company was granted summary judgment, affirmed on appeal, on the grounds of a lack of proximate cause evidence. Subsequently, G.L. & R.L. Logging, Inc. moved for summary judgment, which the Supreme Court denied, citing factual issues from a second deposition. On appeal, the order denying summary judgment to G.L. & R.L. Logging, Inc. is reversed. The appellate court ruled that the doctrine of the law of the case precluded reconsideration of the proximate cause issue, as it had already been judicially determined on facts common to all defendants. The court also found the second deposition testimony to be inconsistent, speculative, and lacking probative value. Summary judgment is granted to G.L. & R.L. Logging, Inc., and the complaint against it is dismissed.

Summary JudgmentProximate CauseLaw of the CaseLogging AccidentPersonal InjuryAppellate ReviewMotion to DismissEmployer LiabilityDangerous Property ConditionDeposition Testimony
References
7
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. ADJ2440985 (EUR 0037746)
Regular
Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings
References
4
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. MISSING
Regular Panel Decision
May 16, 2006

Giblin v. Pine Ridge Log Homes, Inc.

Plaintiff, an employee of Martin McClary, sustained a severe eye injury while working on a construction project subcontracted by Pine Ridge Log Homes, Inc. The plaintiff initiated an action against Pine Ridge, which subsequently filed a third-party claim against McClary for indemnification. The core legal issue revolved around whether the plaintiff's loss of an eye, despite wearing a prosthesis, constituted a "grave injury" under Workers' Compensation Law § 11, a condition required for third-party indemnification claims against employers. The Supreme Court had partially denied McClary's cross-motion for summary judgment, citing a factual dispute. On appeal, the court reversed this decision, concluding that the plaintiff's injury did not meet the definition of "permanent and severe facial disfigurement" as per the narrowly defined grave injury categories. Consequently, Pine Ridge's common-law indemnification claim against McClary was dismissed, while the denial of severance for the breach of contract claim was affirmed.

Workers' Compensation LawGrave InjuryFacial DisfigurementIndemnificationCommon-Law IndemnificationSummary JudgmentCross AppealsStatutory InterpretationConstruction AccidentEye Injury
References
9
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
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