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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

Meehan v. United States Postal Service

Plaintiff James Meehan, Administrator of Michael J. Meehan's estate, initiated an action against the U.S. Postal Service, U.S.A., and U.S. Office of Personnel Management under the Federal Group Life Insurance Act (FEGLI). He alleged that his son, Michael J. Meehan, was wrongfully denied free life insurance, despite having signed a waiver during his employment. Defendants sought summary judgment, contending that the court lacked subject matter jurisdiction because the plaintiff had failed to exhaust the mandatory grievance and arbitration procedures outlined in the collective bargaining agreement. The court concurred with the defendants, ruling that the claim constituted a breach of the collective bargaining agreement, thereby necessitating the exhaustion of administrative remedies prior to judicial review. Additionally, the court noted that the action would have been time-barred by the six-month statute of limitations and that Meehan had properly waived his life insurance.

Federal Group Life Insurance ActSummary JudgmentSubject Matter JurisdictionSovereign ImmunityCollective Bargaining AgreementGrievance ProceduresArbitrationExhaustion of Administrative RemediesStatute of LimitationsLife Insurance Waiver
References
25
Case No. 2019 NY Slip Op 02568
Regular Panel Decision
Apr 03, 2019

Peterson v. Estate of John Rozansky

Elaine M. Peterson and David Peterson (later his estate) sued the Estate of John Rozansky for personal injuries after David Peterson was struck by Rozansky's vehicle. Rozansky had previously declined deposition citing dementia and subsequently died from Alzheimer's. Plaintiffs sought Rozansky's medical records, but the Supreme Court granted a protective order and denied plaintiffs' motion to strike the defendant's answer, a decision upheld upon reargument. The Appellate Division, Second Department, affirmed, ruling that plaintiffs failed to show Rozansky's condition was 'in controversy' for CPLR 3121 (a) purposes, and neither Rozansky nor his estate waived physician-patient privilege. A dissenting opinion argued that Rozansky's refusal to be deposed due to dementia did place his condition in controversy, warranting medical record disclosure.

Personal InjuryMedical Records DiscoveryPhysician-Patient PrivilegeWaiver of PrivilegeProtective OrderDiscovery SanctionsStriking AnswerDementiaAlzheimer's DiseaseAppellate Review
References
22
Case No. MISSING
Regular Panel Decision

In re Michael B.

This appeal concerns six-year-old Michael B., born with cocaine toxicology and placed in foster care with his foster parents (appellant foster mother and Quintín L.). Following a prior reversal by the Appellate Division, which mandated a best-interests hearing, the Family Court awarded custody to Michael's natural father. The Appellate Division now reverses this decision, finding that the child's best interests are served by awarding custody to the foster parents. The court cited the child's strong bond with his foster parents, the natural father's deficient parenting, lack of emotional support, and potential for emotional and physical harm. The case is remitted to the Family Court, Kings County, for a hearing to determine the father's visitation rights.

Parental Rights TerminationChild CustodyBest Interests of ChildFoster CareChild NeglectPsychological EvaluationFamily LawAppellate ReviewParental FitnessVisitation Rights
References
8
Case No. MISSING
Regular Panel Decision

Claim of Jimenez v. Estate of Jimenez

This case concerns an appeal from a Workers' Compensation Board decision. Julio Jimenez, while operating a grocery business owned by the estate of his deceased brother Roberto, was murdered. Julio's wife, Amparo Jimenez, filed for workers' compensation benefits for herself and their three minor children. The Board found an employer-employee relationship existed between Julio and Roberto's estate, a decision contested by the Uninsured Employers’ Fund. The court affirmed the Board's decision, ruling that the estate, by accepting the benefits of Julio's efforts, was estopped from denying an employment relationship.

Employment RelationshipEstate LiabilityWorkers' Compensation BenefitsHomicideUninsured Employers' FundAppellate ReviewEstoppelDependent BenefitsBusiness OperationVolunteer Services
References
1
Case No. MISSING
Regular Panel Decision

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
Case No. 2021 NY Slip Op 04063 [195 AD3d 1325]
Regular Panel Decision
Jun 24, 2021

Matter of Scano v. DOCCS Taconic Corr. Facility

Steven Scano, an employee, suffered frostbite and a foot wound after moving a car in a snowy parking lot, leading to severe health complications and ultimately his death. He filed a workers' compensation claim but passed away before testifying or undergoing a scheduled independent medical examination. His estate continued the claim, but the Workers' Compensation Board disallowed it, ruling that the claim abated due to his death and the resulting prejudice to the carrier's ability to cross-examine him and have him medically examined. The Appellate Division affirmed the Board's decision, concluding that the record was undeveloped and the carrier's due process rights to a fair trial, including cross-examination and medical examination, were impaired.

Workers' CompensationClaim AbatementDue ProcessIndependent Medical ExaminationCross-examinationEstate of DeceasedAppellate ReviewUndeveloped RecordCausationDiabetic Complications
References
11
Case No. 94-CV-3954 (TCP)
Regular Panel Decision
Aug 09, 1995

Nationwide Mut. Ins. Co. v. Kaufman

The United States District Court, E.D. New York, affirmed a Magistrate Judge's Report and Recommendation regarding personal jurisdiction in a breach of contract action. Plaintiffs Nationwide Mutual Insurance Company sued Steven Kaufman, Myron Kaufman, The Estate of Harold Basser, and Basser-Kaufman, Inc., who sought dismissal for alleged improper service. The court found service on individual defendants proper by delivery to an adult co-worker at their business and subsequent mailing. Corporate service was valid based on the process server's reasonable belief that the recipient was authorized. The court also clarified that a partnership, Basser-Kaufman Co., was not initially a party but granted leave to amend the caption and serve it.

Personal JurisdictionService of ProcessFederal Rules of Civil ProcedureNew York Civil Practice Law and RulesManaging Agent DoctrineCorporate ServicePartnership LitigationMotion to DismissReport and RecommendationAffirmation of Order
References
19
Case No. No. 12
Regular Panel Decision
Apr 01, 2021

The Matter of the Claim of Estate of Norman Youngjohn v. Berry Plastics Corporation

Decedent Norman Youngjohn, employed by Berry Plastics Corporation, suffered work-related injuries to his right shoulder and left elbow in 2014, leading to a workers' compensation claim. Before his permanent partial disability benefits claim for a schedule loss of use (SLU) award was resolved, Youngjohn died in March 2017 from a heart attack unrelated to his work injuries. He left no surviving spouse, minor children, or qualifying dependents. His estate sought the full value of the posthumous SLU award, arguing that 2009 amendments to the Workers' Compensation Law, which permitted lump sum SLU payments, rendered WCL § 15 (4) (d) inapplicable. This section limits an estate's recovery for unaccrued SLU benefits to reasonable funeral expenses in cases of unrelated death without qualifying survivors. The Workers' Compensation Board limited the award to funeral expenses, while the Appellate Division held that the estate was entitled to the portion accrued up to the date of death plus reasonable funeral expenses. The New York Court of Appeals affirmed the Appellate Division's order, concluding that the 2009 amendments on lump sum payments did not implicitly alter WCL § 15 (4) (d)'s limitation on an estate's recovery of posthumous SLU awards. The Court emphasized that section 15 (4) (d) remains in effect and must be harmonized with the amendments, limiting recovery to benefits accrued before death and reasonable funeral expenses for the remainder.

Workers' Compensation LawPermanent Partial DisabilitySchedule Loss of Use (SLU)Lump Sum PaymentEstate RecoveryFuneral ExpensesStatutory InterpretationAccrual of BenefitsNew York Court of AppealsUnrelated Death
References
35
Case No. 2018 NY Slip Op 07702
Regular Panel Decision
Nov 14, 2018

Findlater v. Catering by Michael Schick, Inc.

The plaintiff, Christopher Findlater, sued Catering by Michael Schick, Inc., for personal injuries sustained when a food rack fell on him. The defendant moved for summary judgment, arguing the action was barred by the Workers' Compensation Law's exclusivity provisions, claiming Findlater was an employee. Findlater cross-moved for summary judgment, asserting defendant's negligence and his status as an independent contractor. The Supreme Court denied the defendant's motion and granted Findlater's cross-motion, concluding he was an independent contractor. On appeal, the Appellate Division modified the order, finding that the question of Findlater's employment status created a factual dispute that must be resolved by the Workers' Compensation Board. However, the Appellate Division affirmed the Supreme Court's determination of negligence against Catering by Michael Schick, Inc. The case was remitted to the Supreme Court for new determinations pending the Board's decision.

Personal InjuryWorkers' Compensation LawIndependent Contractor StatusSummary JudgmentNegligenceAppellate ReviewRemittalEmployment LawFactual DisputeExclusivity Provisions
References
4
Case No. MISSING
Regular Panel Decision

Patterson-Stevens, Inc. v. International Union of Operating Engineers Local Union No. 17

Patterson-Stevens (plaintiff) sought to vacate a July 24, 1995 judgment and amend its complaint against Local 17 (defendant). The original complaint sought an injunction to prevent arbitration of a grievance initiated by Local 17, which Patterson argued was untimely under a six-month statute of limitations. The court initially dismissed the case, lacking jurisdiction to issue an injunction. Patterson-Stevens then moved to vacate, arguing the complaint implicitly stated a claim for declaratory judgment. The court denied the motion, finding no clear error of law or manifest injustice in its prior decision. Furthermore, the proposed amendment for declaratory relief was deemed futile, as there was no legal precedent supporting a statute of limitations for grievance submission, unlike federal court actions.

Collective Bargaining AgreementGrievance ArbitrationStatute of LimitationsFederal JurisdictionInjunctive ReliefDeclaratory JudgmentMotion to Vacate JudgmentMotion to Amend ComplaintFederal Rules of Civil ProcedureNational Labor Relations Act
References
6
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