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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
Aug 28, 1997

Claim of Dockum v. Syroco, Inc.

The claimant, an electrician, was suspended pending discharge for allegedly failing to follow supervisor instructions. Shortly after this incident, he attempted suicide. He subsequently filed a claim for workers' compensation benefits based on injuries sustained from the suicide attempt. A Workers' Compensation Law Judge initially found in favor of the claimant, but the Workers' Compensation Board later reversed, concluding that the claim was barred by Workers’ Compensation Law § 2 (7) because the discharge was a good-faith personnel decision, and the injury was solely mental. The Appellate Division affirmed the Board's decision, holding that physical complications resulting from a suicide attempt are not compensable if the attempt itself is not compensable under § 2 (7), and that the employer's personnel decision was lawful and undertaken in good faith.

Workers' CompensationSuicide AttemptMental InjuryPersonnel DecisionGood FaithDischargeCausal RelationshipWorkers' Compensation Law § 2 (7)Physical ComplicationsAppellate Review
References
3
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
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. MISSING
Regular Panel Decision

United Transportation Union v. DELAWARE AND HUDSON RAILWAY, CO.

This case addresses a labor dispute between the United Transportation Union (UTU), Delaware & Hudson Railway Company (D & H), and the National Mediation Board (NMB) under the Railway Labor Act. UTU sought declaratory and injunctive relief, asserting its right to self-help (strike) after purportedly terminating collective bargaining negotiations with D & H. The NMB intervened, attempting to compel mediation, which UTU resisted, claiming NMB lacked jurisdiction due to proper termination of conferences. The Court, denying UTU's motion for summary judgment, clarified that while mutual termination is not required, an unequivocal termination and good faith bargaining are prerequisites for exercising self-help. Ultimately, the court found genuine issues of material fact existed regarding both the unequivocal termination of conferences and UTU's good faith bargaining efforts, thus precluding summary judgment.

Railway Labor ActCollective BargainingNegotiation TerminationSelf-HelpMediationSummary JudgmentGood Faith BargainingLabor DisputeFederal Rules of Civil Procedure
References
18
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

In re Lindsay W.

The Commissioner of Social Services of the City of New York appealed an order from the Family Court, Queens County, which effectively dismissed a proceeding to continue the placement of a neglected child, Lindsay W. The Family Court had denied the Commissioner's request for a temporary extension of placement, citing the process server's error in service as an invalid excuse. The appellate court ruled that the Family Court abused its discretion by not granting the temporary extension, finding that the Commissioner had shown 'good cause' through good-faith attempts to notify the respondent mother and an excusable process server misunderstanding. The case was reversed and remitted to the Family Court to determine if the Commissioner's initial petition for extension, filed 11 days late, was also for 'good cause', which would then lead to a merits hearing on the extension of placement.

Child NeglectFamily Court ActPlacement ExtensionService of ProcessAbuse of DiscretionGood CauseParental RightsAppellate ReviewRemittiturTimely Filing
References
6
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
Case No. ADJ6889455
Regular
Jun 10, 2011

SALVADOR RUIZ vs. WASTE CONNECTIONS INC., ESIS

The Workers' Compensation Appeals Board denied reconsideration of a psychiatric injury claim where the employer asserted a good faith personnel action defense. The Board found the employer failed to prove the personnel action was in good faith, noting evidence of racial animus and inconsistent disciplinary practices. Furthermore, even if the action were deemed in good faith, the employer did not meet its burden of proving it was a substantial cause (35-40%) of the applicant's psychiatric injury, as the medical evidence did not apportion causation. Therefore, the defense under Labor Code section 3208.3(h) was not established.

Labor Code section 3208.3(h)psychiatric injurygood faith personnel actionsubstantial causeobjective reasonablenesspretextualagreed medical evaluatorcausation apportionmentmedical evidencediscriminatory
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Willoughby Realty & Management Co. & New York State Independent Union of Building Service Employees & Factory Workers, Local 2

The court reversed a prior order, granting the petitioner's motion to stay arbitration in a dispute between employers and a union. The core issue was the employers' right to lay off employees under a collective bargaining agreement, which required "good faith and sound business judgment." While the union challenged the employers' good faith, the court found insufficient facts presented to raise a genuine issue for arbitration. Therefore, the arbitration was stayed. A dissenting opinion argued that the record contained adequate circumstances to challenge the employer's good faith, warranting arbitration. An appeal from a decision by Justice Conlon dated November 5, 1959, was dismissed on grounds of non-appealability.

Arbitration StayCollective Bargaining AgreementEmployee LayoffsEmployer RightsUnion DisputeGood Faith ClauseJudicial ReviewAppellate ReversalDissenting OpinionLabor Law
References
1
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