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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

Innoviant Pharmacy, Inc. v. Morganstern

Innoviant Pharmacy, Inc. sued its former sales executive, Max Morganstern, for unfair competition and breach of a non-compete agreement after he joined a competitor, Summit Pharmacy, Inc., and solicited Innoviant's customer referral sources. Innoviant sought a preliminary injunction to prevent Morganstern from contacting 114 key New York referral sources. The court found Innoviant unlikely to succeed on its breach of contract claim because the employment agreement was deemed unenforceable due to a later signed document. However, the court found Innoviant likely to succeed on its unfair competition claim, as Morganstern misappropriated a list of potential referral sources and business cards. Consequently, the court granted the preliminary injunction, restraining Morganstern from contacting the specified referral sources until February 24, 2006, conditioned on Innoviant posting a $100,000 security bond.

Preliminary InjunctionUnfair CompetitionBreach of ContractNon-compete ClauseTrade SecretsCustomer ListsConfidential InformationEmployment AgreementSales ExecutiveReferral Sources
References
50
Case No. 2021 NY Slip Op 03820 [195 AD3d 776]
Regular Panel Decision
Jun 16, 2021

21st Century Pharmacy v. American Intl. Group

21st Century Pharmacy appealed a Supreme Court order that dismissed its declaratory judgment action against American International Group (AIG) and the New York Workers' Compensation Board (WCB). The pharmacy sought a declaration that it could pursue payment for prescription bills in a plenary court proceeding, rather than solely through the WCB, and also sought a monetary judgment. The Supreme Court dismissed the complaint, asserting the WCB had exclusive subject matter jurisdiction. The Appellate Division, Second Department, reversed this decision, clarifying that while the WCB holds primary jurisdiction over Workers' Compensation Law applicability, it does not possess exclusive jurisdiction in a declaratory judgment action. The case was remitted to the Supreme Court for a determination on the merits of AIG's motion to dismiss.

Declaratory JudgmentSubject Matter JurisdictionWorkers' Compensation LawPrimary JurisdictionExclusive JurisdictionPrescription BillsAppellate ProcedureRemittalPharmacy RightsCourt Jurisdiction
References
8
Case No. MISSING
Regular Panel Decision

Rivera v. Ndola Pharmacy Corp.

Plaintiff Siew Lian Rivera brought an action alleging violations of the Fair Labor Standards Act (FLSA), New York Labor Law, Human Rights Law, Administrative Code, and common law claims against Ndola Pharmacy Corp. and several individuals. Defendants moved for partial summary judgment on the FLSA and Labor Law claims and to dismiss state law claims for lack of subject matter jurisdiction. The court denied partial summary judgment, finding Rivera's testimony sufficient for overtime claims despite credibility questions. Supplemental jurisdiction was retained for the sexual harassment claim against N. Patel due to its connection to wage allegations, but other state law claims were dismissed without prejudice for lacking a common nucleus of operative fact with the federal claim. Additionally, certain motions related to amending the answer regarding the plaintiff's standing due to bankruptcy were granted in part and denied in part.

FLSAOvertime CompensationWage ClaimsSexual HarassmentHostile Work EnvironmentSummary JudgmentSupplemental JurisdictionBankruptcy EstateCredibility of WitnessEmployment Law
References
46
Case No. MISSING
Regular Panel Decision

Lamarr-Arruz v. CVS Pharmacy, Inc.

This case involves claims of a hostile work environment and retaliation brought by Zaire Lamarr-Arruz and Mominna Ansoralli against CVS Pharmacy, Inc. Plaintiffs allege racial profiling of customers and a barrage of racial slurs by supervisors and managers, violating 42 U.S.C. §1981, NYSHRL, and NYCHRL. Lamarr-Arruz also filed a retaliation claim, alleging delayed return from medical leave and termination due to his complaints. CVS sought summary judgment, denying the allegations and arguing the lack of supervisory responsibility for some alleged harassers and the availability of their anti-harassment policy. The court denied CVS's motions for summary judgment, finding genuine disputes of material fact regarding the existence of a hostile work environment for Ansoralli, the imputation of hostile conduct to CVS, and Lamarr-Arruz's retaliation claim, including the pretextual nature of his termination reasons.

Hostile Work EnvironmentRacial DiscriminationRetaliationSummary JudgmentEmployment LawCivil Rights Act of 1991New York Human Rights LawNew York City Human Rights LawEmployer LiabilitySupervisory Liability
References
60
Case No. ADJ4281782
Regular
Jun 07, 2012

KATHY CAPONE vs. FIRST BANK & TRUST, CHUBB GROUP

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing lien claimant Hepps Pharmacy's lien. Hepps Pharmacy failed to appear at a lien conference and filed its objection late, offering only "inadvertence" as an excuse. The Board found that this excuse lacked credibility and did not justify relief, particularly given the claimant's repeated failures to appear and file timely objections. The Board also noted that the lien claimant cured a verification defect in its petition for reconsideration and may consider sanctions for the failure to appear.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantVerification defectSanctionsFailure to appearAdministrative Law JudgeElectronic Adjudication Management SystemNotice of Intent to DismissTimely objection
References
0
Case No. MON 0254068
Regular
Sep 26, 2007

JOSE BARAJAS vs. DON STEVE CHEVROLET, INC.; CIGA, Administered by CAMBRIDGE FOR FREMONT In Liquidation

The Workers' Compensation Appeals Board granted reconsideration to Hepps Pharmacy, finding the WCJ erred in dismissing their lien claim as untimely filed. The Board determined that defective service of the original decision rendered the lien claimant's petition for reconsideration timely upon receipt. Furthermore, the lien was implicitly recognized and preserved within a Compromise and Release Agreement, meaning Labor Code section 4903.5 did not apply to bar the claim. The case is now returned to the trial level for adjudication on the merits of Hepps Pharmacy's lien.

Lien claimantReconsiderationFindings and OrderLabor Code 4903.5(a)Timely filingOrder Approving Compromise and ReleaseDate of injurySubstituted servicePetition for reconsiderationCode of Civil Procedure section 1013
References
2
Case No. ADJ9822757, ADJ9826854
Regular
May 05, 2017

MIREYA CASILLAS vs. CVS PHARMACY, INC.

The Workers' Compensation Appeals Board denied CVS Pharmacy's Petition for Reconsideration. The Board adopted the WCJ's report, finding that a single physician's opinion can constitute substantial evidence, even if conflicting. This decision upholds the WCJ's findings regarding industrial injuries, including dyspepsia, fibromyalgia, rheumatological arthritis, and psyche, as reported by various medical experts. The Board specifically noted that apportionment issues were not at the forefront of the current "body parts" determination.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATION DENIEDSUBSTANTIAL EVIDENCEWCJ REPORTAPPORTIONMENTPSYCHERHEUMATOID ARTHRITISFIBROMYALGIADYSPEPSIAGASTROINTESTINAL
References
1
Case No. ADJ3 176427 (AHM 0148942)
Regular
Feb 03, 2016

GILBERT LUNA vs. NATIONWIDE PHARMACY, LIBERTY MUTUAL

The Workers' Compensation Appeals Board affirmed a prior decision finding that Nationwide Pharmacy and Liberty Mutual's payment of $52,481.40 for spinal surgery was reasonable. Lien claimant Monrovia Memorial Hospital sought reconsideration, arguing a higher fee was warranted and they were exempt from the Official Medical Fee Schedule. However, the Board found that while the hospital was exempt from the fee schedule, it still had the burden to prove the reasonableness of its charges. The lien claimant failed to meet this evidentiary burden by a preponderance of the evidence.

Monrovia Memorial HospitalLien claimantOfficial Medical Fee ScheduleOMFS exemptionReasonable feeUsual and customary reimbursementBurden of proofFacility feesLong term care hospitalTitle 42 Code of Regulations
References
2
Case No. MISSING
Regular Panel Decision

Santiago v. Fred-Doug 117, L.L.C.

The case involves a plaintiff who was injured while working at a Rite Aid pharmacy. There is a dispute whether the plaintiff was engaged in covered 'repair' work under Labor Law § 240 (1) or nonactionable 'routine maintenance,' as the plaintiff claimed he was fixing broken air conditioning while his employer's records indicated maintenance. Additionally, there are conflicting accounts regarding the cause of the plaintiff's fall from a ladder, raising the issue of whether his own actions were the sole proximate cause of his injuries. The court found that these discordant versions of facts preclude a determination as a matter of law, indicating that these are factual issues for a factfinder to resolve.

Labor Law § 240(1)Worker SafetyLadder AccidentRoutine MaintenanceRepair WorkProximate CauseFactual DisputeSummary Judgment PrecludedPersonal InjuryPremises Liability
References
6
Case No. ADJ6734934, ADJ7902780
Regular
Feb 18, 2014

LETICIA RODRIGUEZ vs. CVS PHARMACY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied CVS Pharmacy's Petition for Removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The Board found that a petition for reconsideration would be an adequate remedy if the ultimate decision on permanent disability is adverse. Therefore, the petition was denied, and the Board declined to consider sanctions against the defendant.

Petition for RemovalAppeals BoardWorkers' Compensation Judge (WCJ)Substantial PrejudiceIrreparable HarmReconsiderationJudicial EfficiencyPiecemeal LitigationPermanent DisabilityDeposition
References
3
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