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

Case No. 2021 NY Slip Op 01050 [191 AD3d 884]
Regular Panel Decision
Feb 17, 2021

Matter of Faith A. M. (Faith M.)

The mother, Faith M., appealed an order from the Family Court, Kings County, which found her to have derivatively neglected her child, Faith A.M. This finding stemmed from a prior neglect determination in May 2014 concerning her other children due to excessive corporal punishment, which the court deemed proximate in time to the current proceeding. The evidence presented, including statements from siblings, testimony from a school counselor, and observations of injuries, corroborated the ongoing use of excessive corporal punishment. The Family Court's assessment of the mother's credibility, finding her denials incredible, was supported by the record, reinforced by her guilty plea to disorderly conduct related to similar allegations. The Appellate Division affirmed the Family Court's order, as the mother failed to provide evidence that the circumstances leading to the neglect finding no longer existed.

Child NeglectDerivative NeglectCorporal PunishmentFamily Court ActAppellate ReviewParental JudgmentPreponderance of EvidenceCredibilityPrior FindingsRisk of Harm
References
11
Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. MISSING
Regular Panel Decision

In Re Bush Industries, Inc.

This case involves a Chapter 11 reorganization plan for Bush Industries, Inc., a furniture manufacturer. The Official Committee of Equity Security Holders objected to the plan, arguing it violated the absolute priority rule, proposed improper general releases, and lacked good faith due to a "golden parachute" for the principal officer, Paul S. Bush. Bankruptcy Judge Carl L. Bucki determined that the debtor's enterprise value did not exceed outstanding claims, thus upholding the absolute priority rule regarding pre-petition stock cancellation. However, the court found that the renegotiated employment contract for Paul Bush and the proposed releases for corporate management constituted a breach of fiduciary duty by officers and directors, violating the good faith requirement of 11 U.S.C. § 1129(a)(3). Consequently, the court denied confirmation of the plan in its present form, requiring the debtor to demonstrate good faith in a revised plan, possibly by distributing the premium secured by management to all shareholders.

Chapter 11 BankruptcyPlan of ReorganizationAbsolute Priority RuleFiduciary DutyCorporate GovernanceGolden ParachuteValuation MethodologiesDiscounted Cash Flow AnalysisComparable Companies AnalysisExit Multiple
References
11
Case No. ADJ991157 (GRO 0032393)
Regular
Jun 07, 2010

RANDY SHOOK (Deceased) GLENDA STAFFORD vs. ARMORED TRANSPORT, ESIS SOUTHFIELD

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Randy Shook's suicide. Applicant argued the employer's investigation was conducted in bad faith, thus invalidating the "good faith personnel action" defense. However, the Board found the investigation met the objective reasonableness standard and was undertaken in subjective good faith. The Board distinguished this case from those involving criminal false imprisonment and affirmed its authority to reject a WCJ's findings when substantial evidence supports its own. Therefore, compensation remains barred under Labor Code section 3208.3(h).

Labor Code section 3208.3(h)good faith personnel actionindustrial suicidepsychiatric injurydeceit and coercionpreliminary investigationcriminal misconductsubjective good faithobjective reasonablenesscriminal false imprisonment
References
3
Case No. MISSING
Regular Panel Decision
Nov 09, 2005

Plaza Restoration, Inc. v. Nationwide Mutual Insurance

The plaintiff insured brought an action seeking a declaratory judgment, alleging that the defendant insurer breached its covenant of good faith and fair dealing. This alleged breach related to a personal injury action previously commenced against the plaintiff by a construction worker. The defendant appealed an order from the Supreme Court, Nassau County, which had denied its motion to dismiss the complaint or for summary judgment, arguing the action was premature. The appellate court rejected the defendant's contention, affirming that a declaratory judgment action against an insurer is permissible even before a judgment in the underlying action. The order of the Supreme Court was affirmed, with costs.

Declaratory JudgmentBreach of CovenantGood Faith and Fair DealingInsurance LawPersonal InjuryConstruction Site InjuryRipeness DoctrineMotion to DismissSummary JudgmentAppellate Review
References
3
Case No. ADJ10679452
Regular
Jun 29, 2018

HORTENCIA AGUILAR vs. CONTRA COSTA COUNTY, EMPLOYMENT & HUMAN SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it failed to meet the procedural requirements of Labor Code section 5902 and WCAB Rule 10842 by not providing specific references to the record. The Board adopted the Judge's report and recommendation, which found that the employer's disciplinary action against the applicant was not taken in good faith. Specifically, the employer failed to follow its own investigatory procedures by not including the applicant's input and by not adhering to its dispute resolution process. The Judge concluded that the employer's actions lacked the objective reasonableness required for a good-faith personnel action under applicable case law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5902WCAB Rule 10842Report and RecommendationInjury to psycheGood faith personnel actionObjective good faith standardCotran v. Rollins Hudig Hall Intl.Inc.
References
0
Case No. ADJ12294911
Regular
Apr 14, 2025

KHADIJAH BROWN vs. REGINALD AJAKWE, MD, RAYMOND TATEVOSSIAN, MD, MID-CENTURY INSURANCE COMPANY

Applicant Khadijah Brown sought reconsideration of a WCJ's decision that she did not sustain a psychiatric injury arising out of and occurring in the course of employment (AOE/COE) and that a good faith personnel action defense was established. The Appeals Board granted reconsideration, finding that the WCJ erroneously concluded applicant did not sustain injury to her psyche AOE/COE and failed to recognize objective evidence of harassment. The Board rescinded the original findings and substituted new findings, determining that applicant did sustain injury to her psyche AOE/COE and that this injury resulted from actual events of employment. The issue of the defendant's good faith personnel action defense was deferred for further proceedings.

AOE/COEpsychiatric injuryLabor Code Section 3208.3(b)(1)actual events of employmentharassmentgood faith personnel actionVerga v. Workers' Comp. Appeals Bd.racial epithetsuspensiontermination
References
8
Case No. MISSING
Regular Panel Decision
Feb 05, 1999

Dunbar Ex Rel. National Labor Relations Board v. Carrier Corp.

Sandra Dunbar, Regional Director of the National Labor Relations Board (NLRB), petitioned for a Section 10(j) injunction against Carrier to prevent the relocation of its TR-1 facility from Syracuse, New York, to Huntersville, North Carolina. The NLRB alleged that Carrier failed to bargain in good faith with Sheet Metal Workers International Association, Local No. 527 (union) over the relocation decision, insisting to impasse on a non-mandatory subject that would alter the bargaining unit's scope. The court found reasonable cause to believe Carrier committed unfair labor practices by failing to bargain in good faith regarding the mandatory subject of relocation. The injunction was granted in part, ordering Carrier to bargain in good faith with the union on the relocation decision and its effects, and enjoining further relocation actions without a good-faith impasse or agreement. A subsequent motion by Carrier for reconsideration, modification, and a limited stay pending appeal was denied.

Labor RelationsUnfair Labor PracticeCollective BargainingSection 10(j) InjunctionRelocation of WorkBargaining ImpasseMandatory Bargaining SubjectPermissive Bargaining SubjectWaiver of RightsStatus Quo Ante
References
29
Case No. MISSING
Regular Panel Decision

Claim of Howe v. New York State Department of Corrections

The case involves an appeal by a claimant's employer and its workers' compensation insurance carrier challenging a $500 penalty imposed by the Workers' Compensation Board. The Board found that the carrier interposed objections to the claimant's benefits claim without just cause. The appellate court affirmed the penalty, holding that "just cause" under Workers' Compensation Law § 25 (2) (c) requires an objective rational basis and relevant, objective, and reasonable evidence to support controverting a claim. A subjective good-faith belief alone is insufficient. The court found that despite opportunities, the carrier failed to provide factual evidence to disprove the claim, relying instead on supposition and unfounded hope.

Workers' Compensation PenaltyJust CauseCarrier ObjectionsEmployer LiabilityStatutory InterpretationObjective Rational BasisGood-Faith BeliefEvidence RequirementsAppellate ReviewBoard Decision Affirmation
References
2
Case No. MISSING
Regular Panel Decision

In re the Judicial Dissolution of Good Co. General Store Cooperative

Petitioners Diane Mohney and Laura Ferris sought judicial dissolution of Good Company General Store Cooperative under Business Corporation Law § 1104-a, or alternatively, an accounting and judgment for their capital accounts. The court denied the petition for dissolution, finding petitioners lacked standing as their membership shares were automatically transferred upon termination of employment according to the cooperative's by-laws and Cooperative Corporations Law. However, the court granted the petitioners' alternative request, ordering Good Company to account for and pay the value of each petitioner’s capital account within 60 days, in compliance with its By-Laws. All other requests for judgment were denied without prejudice.

Worker CooperativeJudicial DissolutionBusiness Corporation Law § 1104-aCooperative Corporations LawMembership Share RedemptionInternal Capital AccountsBy-Laws DisputeCorporate StandingEmployment TerminationMember Rights
References
0
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