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

Case No. 2018 NY Slip Op 07391
Regular Panel Decision
Nov 01, 2018

Matter of Community Hous. Improvement Program v. Commissioner of Labor

The Appellate Division, Third Department, dismissed an appeal filed by the Community Housing Improvement Program against the Commissioner of Labor. The appeal sought to challenge a decision by the Industrial Board of Appeals regarding a minimum wage order for the building service industry. The court determined it lacked subject matter jurisdiction because the petitioner failed to properly file a notice of appeal with the court of original instance, which was the Industrial Board of Appeals, not the Appellate Division. Additionally, the petitioner failed to timely and correctly serve the notice of appeal on the respondent's counsel at the designated address. Consequently, due to the complete failure to comply with CPLR 5515, the appeal was dismissed.

JurisdictionAppeal ProcedureService of ProcessAppellate DivisionIndustrial Board of AppealsMinimum WageLabor LawCPLRNew York CourtsStatutory Interpretation
References
12
Case No. 142 SSM 33
Regular Panel Decision
Nov 16, 2017

The Matter of the Claim of Lidia Burgos v. Citywide Central Insurance Program

The New York Court of Appeals affirmed the order of the Appellate Division. The decision concerned the claim of Lidia Burgos against Citywide Central Insurance Program and the Workers' Compensation Board. The Appellate Division had concluded that substantial evidence supported the Workers' Compensation Board's determinations regarding the claimant's degree of impairment and loss of wage-earning capacity. The Court of Appeals found no reason to overturn this conclusion.

Workers' CompensationImpairmentWage-earning CapacitySubstantial EvidenceAppellate DivisionClaimantInsurance ProgramBoard DeterminationJudicial ReviewAffirmed Order
References
1
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. MISSING
Regular Panel Decision

Lugo v. Gaines

This dissenting opinion concerns a petitioner's request for review of a determination terminating his participation in a temporary release program and for monetary damages. The petitioner, an inmate, was removed from the program after a urine sample tested positive for cocaine. The dissent argues that the procedures followed, despite a lack of formal chain of custody documentation, did not violate the petitioner's due process rights, as strict rules of evidence are not required in such disciplinary proceedings. Citing judicial precedent, the dissenting judges emphasize that an inmate's constitutional protections are diminished by institutional needs. Therefore, they would affirm the termination of the petitioner's work release program.

temporary release programdrug testingdue processinmate rightscorrectional facilitiesadministrative hearingchain of custodyurine analysisArticle 78State liability
References
8
Case No. 2007 NY Slip Op 31662(U)
Regular Panel Decision
Jul 26, 2007

J Squared Software, LLC v. Bernette Knitware Corp.

The Supreme Court of New York County issued a judgment on July 26, 2007, affirming a prior order from June 18, 2007. This order had denied the plaintiff's motion for partial summary judgment on liability, granted the defendants' cross-motion for summary judgment dismissing the complaint in an action for conversion of a software program, and vacated a preliminary injunction. The appellate court unanimously affirmed this decision, holding that the plaintiff lacked a cause of action for conversion as the program was obtained under a valid contract and its return was never demanded. Consequently, the preliminary injunction was properly vacated upon the dismissal of the complaint.

conversionsoftware programsummary judgmentpreliminary injunctioncontract lawlicenseecause of actionappellate reviewjudgment affirmedcomplaint dismissal
References
2
Case No. MISSING
Regular Panel Decision
Feb 25, 1976

In re the Claim of Phelosof

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which affirmed the Industrial Commissioner's determination that the claimant was ineligible for benefits under the Federal Special Unemployment Assistance Program (SUA). The claimant, who was terminated from employment by Monroe County, was receiving benefits under the New York State Labor Law based on prior covered employment. The Board denied SUA benefits, reasoning that eligibility for State benefits precluded eligibility for SUA, as the Federal program is intended for those not otherwise eligible for unemployment allowances under any other law. The court affirmed the Board's decision, emphasizing that SUA is not a substitute for minimum wage law or an economic floor, and eligibility under State law disqualifies one from SUA benefits.

Unemployment BenefitsFederal Special Unemployment Assistance ProgramEligibility CriteriaNew York State Labor LawCovered EmploymentUncovered EmploymentUnemployment Insurance Appeal BoardIndustrial CommissionerAppellate ReviewStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision

John B. v. Emkes

This Memorandum Opinion addresses a class-action challenge against Tennessee officials regarding the TennCare managed care program's compliance with early and periodic screening, diagnosis and treatment (EPSDT) services for children. The lawsuit, initiated in 1998, operated under a Consent Decree. The State filed a motion to vacate the Decree, arguing substantial compliance. After an evidentiary hearing and review of extensive evidence, the Court found that the State has achieved substantial compliance with the Consent Decree's requirements concerning outreach, screening, diagnosis, treatment, and monitoring of EPSDT services. Consequently, the Court granted the State's motion to vacate the Consent Decree, dissolved all injunctive relief, and dismissed the case, while retaining jurisdiction for fee applications and contempt citations.

TennCareMedicaid ActEPSDT ProgramConsent Decree VacatedSubstantial ComplianceChild HealthcareManaged Care OrganizationsMedical ScreeningDiagnosis and TreatmentOutreach Efforts
References
4
Case No. Docket No. 406
Regular Panel Decision
Jun 15, 2005

Frew v. Hawkins

This civil action, initiated in 1993, addresses the alleged failure of the State of Texas to implement a Medicaid program, specifically the Early Periodic Screening, Diagnosis and Treatment (EPSDT) program, for indigent children. A Consent Decree was approved in 1996 to ensure compliance, with the court retaining jurisdiction. Defendants subsequently filed a Rule 60(b) motion in November 2004, seeking either complete dissolution of the Consent Decree or its partial dissolution for urban areas, citing compliance with federal law and changed circumstances. Following a June 2005 hearing, the Court evaluated evidence concerning medical checkups, dental services, outreach efforts, and case management. The Court concluded that Defendants failed to demonstrate significant changed factual circumstances, that the proposed relief was suitably tailored, or that reasonable efforts were made to comply with the decree's obligations. Consequently, Defendants' Rule 60(b) Motion for Relief From Judgment was DENIED, affirming the continued prospective application of the Consent Decree.

Medicaid Program EnforcementEPSDT ServicesConsent Decree ModificationRule 60(b) MotionHealth Care AccessIndigent Children's HealthManaged Care PerformanceState Compliance IssuesOutreach EffectivenessDental Care Access
References
27
Case No. MISSING
Regular Panel Decision

Frew v. Gilbert

This civil action, filed on September 1, 1993, addresses the alleged failure of the State of Texas to implement a Medicaid program ensuring timely, comprehensive healthcare for over 1.5 million indigent children eligible for the Early Periodic Screening, Diagnosis and Treatment (EPSDT) program. Plaintiffs moved to enforce multiple provisions of a 1996 consent decree, alleging defendant non-compliance in areas like outreach, medical and dental checkups, managed care operations, and provider training. The court found defendants in violation of numerous decree provisions, citing insufficient outreach, inadequate provision of checkups (especially dental and for specific subgroups), data inaccuracies, and failures in managed care implementation. Defendants' objections to enforceability, based on § 1983 and Eleventh Amendment immunity, were largely rejected, with the court affirming its jurisdiction to enforce provisions stemming from actionable federal rights under the Medicaid Act. The opinion concludes by detailing the specific violations and affirming the enforceability of the decree's terms, while acknowledging some of defendants' recent improvement efforts.

Medicaid ProgramEPSDT ServicesChildren's HealthcareConsent Decree EnforcementState Non-ComplianceManaged Care SystemOutreach EffectivenessDental CheckupsMedical CheckupsTransportation Assistance
References
65
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
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