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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

Claim of Young v. New York State Police

Claimant, a State Trooper, was injured in a motor vehicle accident while driving to work in Westchester County. The Workers’ Compensation Board ruled that her injury arose out of and in the course of her employment, given she was on call 24 hours a day and within her assigned geographical area, and awarded benefits. The employer and its insurance carrier appealed this decision. The appellate court reversed the Board's decision, emphasizing that accidents during commuting typically do not arise out of employment unless there is a sufficient causal nexus established by employer control. The court found insufficient evidence of the employer's control over the claimant's activities at the time of the accident to establish this nexus, distinguishing the case from precedents where such control was present. Consequently, the claim for workers' compensation benefits was dismissed.

Commuting AccidentCourse of EmploymentArising Out Of EmploymentEmployer ControlState TrooperMotor Vehicle AccidentWorkers' Compensation BenefitsCausal NexusAppellate ReviewClaim Dismissed
References
8
Case No. MISSING
Regular Panel Decision

Claim of Figueroa v. Perfect Shoulder Co.

A claimant, a factory supervisor, was rendered a quadriplegic when his parked car on a public street was struck from behind while he was waiting to open the factory at the employer-mandated time. His application for workers' compensation benefits was approved by a Workers' Compensation Law Judge and subsequently upheld by the Workers' Compensation Board. The employer and its carrier appealed, arguing the accident occurred away from the workplace and outside work hours. The court affirmed the Board's decision, ruling that the employer's directive to arrive early and wait established a causal nexus between the employment and the injury.

Workers' Compensation BenefitsScope of EmploymentOff-Premises AccidentEmployer MandateWaiting TimePublic StreetQuadriplegic InjuryCausal NexusBoard Decision AppealTimely Arrival
References
8
Case No. MISSING
Regular Panel Decision

Anowai v. Holiday Inn

Claimant, a security officer, was struck on the head by falling facade debris from an adjacent building shortly after completing his shift at a Manhattan hotel. He filed for workers' compensation benefits, and a Workers’ Compensation Law Judge initially ruled the accident arose out of and in the course of employment, deeming it within the area of egress. However, the Workers’ Compensation Board reversed this decision, concluding that the accident did not occur as an incident or risk of employment because it happened on a public street, in front of a separate building, and involved a hazard outside the employer's control. The appellate court affirmed the Board's decision, finding no basis to overturn its factual findings regarding the nexus between the accident and the claimant's employment. The court reiterated that while risks near the employment situs can merge with employment risks, the Board's discretionary determination of such risks should be respected.

Accidental InjuryScope of EmploymentGoing and Coming RuleEgress and IngressStreet RiskPublic SidewalkEmployer ControlFactual FindingsAppellate ReviewSecurity Officer
References
5
Case No. MISSING
Regular Panel Decision
Feb 28, 2013

Noboa v. International Shoppes, Inc.

Claimant, a sales associate, was injured while being transported home by her employer in a merchandise van during a snowstorm after her shift was unexpectedly terminated. Public transportation was suspended due to the severe weather. Initially, a Workers’ Compensation Law Judge disallowed her claim, but the Workers’ Compensation Board reversed this decision and awarded benefits. The Appellate Division affirmed the Board's determination, concluding that the injury arose out of and in the course of employment because the employer assumed responsibility for employee transportation and maintained exclusive control over the conveyance, establishing a clear nexus between the accident and employment. The court referenced several precedents supporting this exception to the general 'going and coming' rule.

Workers' CompensationSnowstorm InjuryEmployer Provided TransportationScope of EmploymentAccident During CommuteAppellate AffirmationBoard DecisionEmployee SafetyNexus to EmploymentCompensable Injury
References
7
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Claim of Lashlee v. Pepsi-Cola Newburgh Bottling

The Special Disability Fund appealed a decision by the Workers’ Compensation Board concerning a claimant's average weekly wage calculation. The claimant, injured while employed by Pepsi-Cola, also had concurrent employment with Mid-Hudson Limousine Service, Inc. and Robert H. Auchmoody Funeral Homes, Inc. A Workers’ Compensation Law Judge (WCLJ) included Auchmoody as a concurrent employer, increasing the claimant's average weekly wage. The Fund argued that Auchmoody should not be considered a "covered" employer because there was no proof of workers' compensation insurance. The Workers’ Compensation Board affirmed the WCLJ’s decision. The appellate court affirmed the Board's decision, clarifying that "covered" employment under Workers’ Compensation Law § 14 (6) refers to an employer subject to the Workers’ Compensation Law, irrespective of whether they actually carried an insurance policy, and that the law must be liberally construed in favor of employees.

Workers’ CompensationConcurrent EmploymentAverage Weekly WageCovered EmploymentIndependent ContractorSpecial Disability FundInsurance PolicyLiberal ConstructionAppellate DivisionWCLJ Decision
References
4
Case No. MISSING
Regular Panel Decision

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. New York State Public Employment Relations Board

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Rappaport, Hertz, Cherson & Rosenthal, P.C.

The Equal Employment Opportunity Commission (EEOC) and Melissa Castillo brought claims of sex discrimination, retaliation, and constructive discharge against Rappaport, Hertz, Cherson & Rosenthal, P.C., William Rappaport, and Herbie Gonzalez under Title VII. Castillo sought to intervene in the EEOC's action and assert additional state and city claims, while the defendant moved to compel arbitration of Castillo's claims based on an employment arbitration agreement. The court granted Castillo's motion to intervene and permitted her state and local claims to proceed under supplemental jurisdiction. The court also granted the defendant's motion to compel arbitration for all of Castillo's claims, determining that the arbitration agreement was an employer-promulgated plan and the associated costs would not be prohibitively expensive. The EEOC's action was not stayed, as it was not a party to the arbitration agreement, but Castillo's individual proceedings were stayed pending arbitration.

Sexual HarassmentRetaliationConstructive DischargeTitle VIIArbitration AgreementInterventionEmployment DiscriminationFederal Arbitration ActSupplemental JurisdictionEEOC Enforcement Action
References
51
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