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

Case No. 2015 NY Slip Op 06751
Regular Panel Decision
Sep 08, 2015

All State Flooring Distributors, L.P. v. MD Floors, LLC

Plaintiff, All State Flooring Distributors, L.P., initiated legal action against MD Floors, LLC, and Michael Savino to recover $48,188.50 for wood flooring delivered. MD Floors, in turn, filed counterclaims asserting that it incurred additional labor costs due to faulty flooring and was subjected to double-billing. The Supreme Court initially denied the plaintiff's motion for summary judgment, citing both a procedural default and the presence of triable issues of fact. On appeal, the Appellate Division, First Department, affirmed the denial of summary judgment, while correcting the Supreme Court's finding of a procedural default. The Appellate Division concurred that substantial triable issues of fact existed regarding partial payments, attorney's fees, and the alleged personal guaranty by Savino, and also affirmed the existence of triable issues concerning MD Floors' counterclaims for additional labor costs and double-billing.

Summary JudgmentBreach of ContractPersonal GuarantyCounterclaimsProcedural DefaultAppellate ReviewTriable Issues of FactAttorney's FeesCommercial LawContract Dispute
References
3
Case No. 2019 NY Slip Op 00867
Regular Panel Decision
Feb 06, 2019

Matter of Berg v. Planning Bd. of the City of Glen Cove

This appeal arises from a hybrid proceeding and action challenging determinations by the Planning Board of the City of Glen Cove regarding a major waterfront redevelopment project. Petitioners, residents of Glen Cove and surrounding areas, sought to review the Planning Board's 2011 adoption of a final environmental impact statement and a special use permit, as well as its 2015 resolution finding no need for a supplemental EIS for an amended plan. The Supreme Court, Nassau County, dismissed the challenge to the 2011 determination as time-barred and the challenge to the 2015 determination on the merits. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the statute of limitations barred the review of the 2011 determination and that the Planning Board had taken a 'hard look' at environmental concerns for the 2015 determination, thus upholding the dismissal.

Environmental ReviewSEQRAPlanning BoardZoningLand UseDeclaratory JudgmentInjunctive ReliefStatute of LimitationsEstoppelHybrid Proceeding
References
31
Case No. 535366
Regular Panel Decision
Apr 13, 2023

In the Matter of the Claim of Glen Delaney

Claimant Glen Delaney filed a workers' compensation claim for bilateral arm and hand injuries diagnosed as neuropathy, osteoarthritis, bilateral carpal tunnel, and right cubital tunnel syndrome, attributed to a work-related occupational disease as a construction laborer. The Workers' Compensation Board established December 19, 2018, as the date of disablement, holding John P. Picone, Inc., as the employer at that time, and Starr Indemnity & Liability Company as the liable carrier. Picone and Starr Indemnity appealed, challenging the disablement date and arguing Jett Industries Inc. should be the liable employer under Workers' Compensation Law § 44. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported the chosen disablement date and clarifying that Workers' Compensation Law § 44 dictates liability for the employer at or preceding the disablement date. The Court also upheld the WCLJ's preclusion of untimely cross-examination of physicians by the appellants.

Occupational DiseaseCarpal Tunnel SyndromeCubital Tunnel SyndromeDate of DisablementLast Employer LiabilityWorkers' Compensation Board DecisionAppellate ReviewInsurance Carrier LiabilityIME Report PreclusionRepetitive Stress Injury
References
25
Case No. 2022 NY Slip Op 00917 [202 AD3d 1232]
Regular Panel Decision
Feb 10, 2022

Matter of Eastman v. Glens Falls Hosp.

The case involves Stacy Eastman, who was injured at work and awarded workers' compensation benefits, including a 10% schedule loss of use of her right leg. The employer, Glens Falls Hospital, and its carrier applied for reconsideration and/or full Board review, arguing that the Board improperly failed to consider apportionment of the SLU award with a prior injury. The Workers' Compensation Board denied this application. The Appellate Division, Third Department, affirmed the Board's denial, finding that the Board's decision was neither arbitrary and capricious nor an abuse of discretion, as the employer failed to demonstrate newly discovered evidence, a material change in condition, or that the Board improperly failed to consider the issues.

Workers' CompensationSchedule Loss of UseApportionmentReconsiderationFull Board ReviewAppellate ReviewAbuse of DiscretionArbitrary and CapriciousPrior InjuryMedical Evidence
References
5
Case No. 2018 NY Slip Op 07811 [166 AD3d 1263]
Regular Panel Decision
Nov 15, 2018

Matter of Murray v. South Glens Falls Sch. Dist.

The case "Matter of Murray v South Glens Falls Sch. Dist." involves an appeal to the Appellate Division, Third Department, concerning a Workers' Compensation Board decision. The core issue was whether claimant Bonnie J. Murray had been classified with a permanent partial disability following work-related injuries sustained in December 2007. WCLJ D. Jeffrey Romeo had issued decisions regarding the degree of disability and awards, with a subsequent amended decision from WCLJ Jonathan Frost finding no such classification had been made. The employer appealed, arguing for classification based on prior decisions or claimant's counsel's alleged concession. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant was never classified with a permanent partial disability.

Workers' Compensation BenefitsPermanent Partial DisabilityDisability ClassificationWage-Earning Capacity LossWorkers' Compensation Board AppealAppellate Division Third DepartmentRes Judicata DoctrineLaw of the Case DoctrineJudicial ReviewMaximum Medical Improvement
References
1
Case No. 2025 NY Slip Op 01020 [235 AD3d 1124]
Regular Panel Decision
Feb 20, 2025

Matter of Clean Air Action Network of Glens Falls, Inc. v. Town of Moreau Planning Bd.

The case involves an appeal by Clean Air Action Network of Glens Falls, Inc. against the Town of Moreau Planning Board, Raymond Apy, and Saratoga Biochar Solutions, LLC. The appeal challenged a Supreme Court judgment that dismissed a CPLR article 78 proceeding, which sought to annul the Planning Board's negative declaration under the State Environmental Quality Review Act (SEQRA) and its approval of a site plan for a biosolids remediation and fertilizer processing facility. The Appellate Division, Third Department, reversed the lower court's decision, finding that the Planning Board failed to take a 'hard look' at the project's potential adverse impacts, particularly concerning hazardous air pollutant emissions. The court concluded that the Planning Board's unexplained deference to DEC permitting standards without a reasoned elaboration for its negative declaration was arbitrary and capricious, thus granting the petition and remitting the matter for further proceedings.

Environmental ImpactState Environmental Quality Review Act (SEQRA)Planning Board DeterminationHazardous Air PollutantsBiosolids RemediationSite Plan ApprovalNegative Declaration RescissionArbitrary and CapriciousAppellate DivisionJudicial Review
References
18
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Apr 04, 2005

Transport Workers Union of America Local 100 v. Schwartz

This case consolidates two appeals arising from a 1985 real estate exchange involving Transport Workers Union of America Local 100 AFL-CIO (TWU) and 80 W.E.T.H. Corp. (80 WETH). Action No. 1 targeted real estate agents Alan G. Schwartz, Glen Allen Associates, Ltd., and Glen Equities, Ltd. for breach of fiduciary duty, contract, and constructive fraud. Action No. 2 was against attorney Richard L. O’Hara for breach of fiduciary duty and actual fraud. The court affirmed summary judgment for the Schwartz defendants, ruling claims time-barred under the statute of limitations, rejecting continuous representation and equitable estoppel. In the O'Hara action, breach of fiduciary duty claims were also dismissed as time-barred, but the actual fraud claim, initially preserved, was modified on appeal to be dismissed for 80 WETH. The disputes centered on undisclosed fees and potential conflicts of interest during the 1985 transaction.

Real Estate LawStatute of LimitationsBreach of Fiduciary DutySummary JudgmentEquitable EstoppelContinuous Representation DoctrineBrokerage FeesAttorney MisconductActual FraudConstructive Fraud
References
10
Case No. ADJ2260435 (SBR 0329428) ADJ779567 (SBR 0333906)
Regular
May 06, 2013

SARAH ANN LARRY vs. WAL MART STORES, INC, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by Dr. Glen Marshak. The dismissal was based on the finding that Dr. Marshak lacked standing, as he is not a recorded lien claimant in this case. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationDismissedStandingLien ClaimantAdministrative Law JudgeWCJWorkers' Compensation Appeals BoardWal Mart Stores IncAmerican Home Assurance CompanyYork Services
References
0
Case No. 2019 NY Slip Op 07125 [176 AD3d 1281]
Regular Panel Decision
Oct 03, 2019

Matter of Luckenbaugh v. Glens Falls Hosp.

Claimant Sharon Luckenbaugh appealed a Workers' Compensation Board decision which denied her application for administrative review of a Workers' Compensation Law Judge's ruling. The Board's denial was based on the claimant's failure to fully complete the required RB-89 form, specifically leaving question number 13 blank which asked for hearing dates and evidence. The Appellate Division, Third Department, affirmed the Board's decision, citing its reasonable rules and discretionary authority to enforce compliance with regulations governing applications for Board review, consistent with established precedents.

Workers' Compensation LawAdministrative ReviewForm RB-89Regulatory ComplianceApplication DenialAppellate ReviewProcedural Due ProcessVoluntary SeparationMultiple Chemical Sensitivity SyndromeBoard Regulations
References
5
Case No. 527101
Regular Panel Decision
Feb 07, 2019

Matter of Bell v. Glens Falls Ready Mix Co., Inc.

Walter Bell, a diesel mechanic/driver, appealed a Workers' Compensation Board decision regarding his schedule loss of use (SLU) of his right arm. Bell sustained work-related injuries requiring surgery and received workers' compensation benefits. While a Workers' Compensation Law Judge initially found an 80% SLU, the Board, crediting Dr. Maloney's opinion, determined a 50% SLU of the right shoulder and added 10% for elbow defects, resulting in a 60% SLU of the right arm based on the New York State Guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence and consistent with the guidelines for calculating SLU awards for combined upper extremity injuries.

Schedule Loss of Use (SLU)Right Arm InjuryShoulder InjuryElbow InjuryMedical EvaluationTreating PhysicianIndependent Medical Examination (IME)Appellate ReviewWorkers' Compensation BoardPermanent Impairment Guidelines
References
8
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