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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

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. 2025 NY Slip Op 01159
Regular Panel Decision
Feb 27, 2025

Matter of American Bridge Co. v. Contract Dispute Resolution Bd. of the City of N.Y.

The Appellate Division, First Department, affirmed a lower court's decision denying American Bridge Company's (AB) petition to annul a determination by the Contract Dispute Resolution Board (CDRB). AB, a contractor for the New York City Department of Transportation (DOT), sought additional compensation for redesigning a protective shield on the Ed Koch Queensboro Bridge due to a discrepancy in vertical clearance measurements. However, the contract explicitly required AB to verify all existing dimensions, noting that DOT's figures were approximate. The court concluded that the contract unambiguously placed the responsibility for verifying dimensions on the contractor, and DOT had not made any bad faith misrepresentations, thereby affirming the denial of additional costs.

Contract DisputeConstruction ContractPublic WorksContract InterpretationRisk AllocationField MeasurementsBid DocumentsMisrepresentationAdministrative AppealArticle 78 Proceeding
References
4
Case No. MISSING
Regular Panel Decision

Notaro v. Koch

The plaintiffs (James Notaro, George Longworth, and Pearse O’Callaghan), members of the Liberal Party, sued Edward Koch, Mayor of New York City and a gubernatorial candidate, alleging violations of their First Amendment rights. They claimed Koch threatened to fire Liberal Party members from state payroll if elected Governor and sought a permanent injunction under 42 U.S.C. § 1983. The plaintiffs filed a motion for expedited discovery to depose Koch within 30 days. The court denied this motion, finding the plaintiffs failed to demonstrate irreparable injury, a strong probability of success on the merits, a connection between expedited discovery and avoiding injury, or that their potential injury outweighed the defendant's burden. The court also noted weaknesses in their legal arguments, including prematurity and lack of state action, but denied the motion without prejudice, allowing them to refile with a stronger case.

Political AffiliationFirst Amendment RightsFreedom of SpeechExpedited DiscoveryCivil RightsIrreparable InjuryPreliminary InjunctionFederal Rules of Civil Procedure 30(a)Constitutional LawGubernatorial Election
References
7
Case No. ADJ7895528, ADJ944426 (VNO 0538295)
Regular
May 28, 2014

DANIEL BELLING vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

The Appeals Board granted the applicant's Petition for Removal, overturning the WCJ's order to continue an expedited hearing. The applicant requires urgent medical treatment for a catastrophic injury, and a delay would cause irreparable harm. While the WCJ's discretion in managing discovery was not abused, the Board found that continuing the matter to a status conference was improper given the applicant's critical need for a prompt judicial determination of his medical care. The June 12, 2014 hearing was redesignated as a mandatory settlement conference to expedite resolution.

Petition for RemovalCatastrophic InjuryExpedited HearingUtilization ReviewMandatory Settlement ConferenceQualified Medical EvaluatorHome HealthcareStroke RehabilitationApportionmentIndustrial Injuries
References
0
Case No. MISSING
Regular Panel Decision

Miller v. Midpoint Resolution Group, LLC

Plaintiff Sharon Miller sued Midpoint Resolution Group, LLC for multiple violations of the Fair Debt Collection Practices Act (FDCPA), alleging false threats, unauthorized electronic debits, and threats of criminal prosecution. The case, initially referred for pre-trial matters, eventually proceeded to a bench trial to determine damages and attorney's fees. The court found Midpoint liable for repeated FDCPA violations and awarded Ms. Miller $500 in actual damages, $1,000 in statutory damages, $7,000 in attorney's fees, and $1,132.50 in costs, totaling $9,632.50. The court noted the plaintiff's limited success on her claim for substantial actual damages but emphasized the importance of a fee award sufficient to deter similar abusive debt collection practices in the future.

Fair Debt Collection Practices ActFDCPA ViolationsActual DamagesStatutory DamagesAttorney's FeesEmotional DistressDebt Collection AbuseUnauthorized DebitsThreats of Criminal ProsecutionMagistrate Judge Decision
References
15
Case No. ADJ16458244
Regular
Jul 07, 2025

LAVERNE RIVERA vs. CRST EXPEDITED INC., COTTINGHAM BUTLER CLAIM SERVICES

Applicant Laverne Rivera, a truck driver, sustained an industrial injury to her face, head, and cervical spine. The WCJ issued a Findings and Award on April 2, 2025, finding in favor of Rivera for temporary disability benefits and further medical treatment. Defendant CRST Expedited Inc. sought reconsideration, challenging the findings on cervical spine injury, average weekly wage, and the validity of the QME process. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the WCJ's decision based on substantial medical evidence and concluding that defendant waived certain arguments.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtruck drivercervical spine injuryaverage weekly wagetemporary disability benefitspanel QMEsubstantial medical evidenceearning capacity
References
17
Case No. MISSING
Regular Panel Decision

In Re Enron Corp.

Enterprise Products Operating L.P. filed a motion for resolution of dispute against Enron Gas Liquids, Inc. (EGLI) regarding lien claims for pre-petition services. Enterprise asserted a total lien claim of $888,059.09 under Texas law for various services including storage, trucking, fractionation, and product treatment of natural gas liquids. EGLI acknowledged a portion of the lien related to trucking and storage but disputed the claim for fractionation and product treatment services. The court examined whether Enterprise qualified as a 'mechanic, artisan, or materialman' under Article XVI, § 37 of the Texas Constitution. The court ultimately denied the fractionation and product treatment lien, finding that Enterprise's complex engineering and technical operations did not fit these traditional definitions. Additionally, the court denied Enterprise's request for post-petition attorneys' fees, citing the absence of a contractual agreement for such fees.

Bankruptcy LawLien EnforcementTexas Constitutional LawSecured ClaimsAttorneys' FeesCommercial DisputeNatural Gas LiquidsFractionation ServicesWarehouseman's LienDebtor-in-Possession
References
12
Case No. MISSING
Regular Panel Decision
Jun 05, 1981

Zavarella v. Swayze

The petitioner, a supervising social worker for the Cortland County Mental Health Board, challenged Resolution No. 515 passed by the Cortland County Legislature, which abolished his position and created a new, less remunerative one. He sought reinstatement with back pay through a CPLR article 78 proceeding. Special Term dismissed the petition, and the petitioner appealed. The Appellate Division affirmed the dismissal, finding that the Cortland County Legislature had the authority to abolish the position under County Law § 204, and the petitioner failed to prove bad faith.

Position AbolitionCounty Legislature AuthorityMental Hygiene LawCounty LawGood Faith BurdenCPLR Article 78Government EmploymentJudicial Review
References
2
Case No. LAO 0862653
Regular
Sep 21, 2007

MICHAEL J. MESTAS vs. HMK ENGINEERING, INC., STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration, finding that the WCJ's orders for further medical development were interlocutory and not final orders subject to reconsideration. The Board also denied the applicant's request for removal, finding no substantial prejudice or irreparable harm to justify this extraordinary remedy. The WCJ's orders for panel QMEs were deemed appropriate to expedite the resolution of disputed medical issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalFindings and OrderOrder To Further Develop RecordQualified Medical EvaluatorInternal MedicineGastroenterologyPsychiatryLabor Code section 5502
References
7
Case No. ADJ11991353
Regular
Mar 30, 2020

TEOFILA DICKERSON vs. ALBERTSONS HOLDINGS

The Appeals Board dismissed the applicant's Petition for Removal, finding it moot. While the WCJ erred by not addressing the medical treatment issue at the expedited hearing, a subsequent Findings and Award was issued without challenge. This award determined temporary disability, rendering the prior dispute regarding treatment resolution moot for now. The Board advises filing a new DOR if disputes arise, as the WCJ must address all issues presented.

Petition for RemovalPrimary Treating PhysicianExpedited HearingMedical TreatmentFindings and AwardTemporary DisabilityDeclaration of Readiness to Proceed (DOR)MootLabor Code section 5313Appeals Board en banc
References
1
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