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Case Law Database

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

Case No. MISSING
Regular Panel Decision

People v. Young

An attorney representing an indigent defendant in Monroe County filed an application seeking reimbursement for legal services at a rate of $200 per hour, mirroring the rate charged by the Special Prosecutor, rather than the statutory rates under County Law § 722-b. The attorney argued that the significant disparity in hourly compensation violated the defendant's right to equal protection and that his qualifications justified the requested rate. The New York State Association of Criminal Defense Lawyers supported the application as amicus curiae, while Monroe County opposed it, arguing the request was untimely and lacked extraordinary circumstances. Presiding Judge Donald J. Mark, J., acknowledged the court's authority to grant compensation in excess of statutory limits under extraordinary circumstances but ultimately denied the application. The denial was based on the court's reasoning that an analogous argument was previously rejected, that linking assigned counsel rates to prosecutor rates would render County Law § 722-b ineffective, and that extraordinary circumstances could not be demonstrated prior to the conclusion of the criminal action. The court, however, reserved the right to reconsider an increased hourly fee upon the case's termination if such circumstances are then proven.

Assigned CounselLegal Aid CompensationCounty Law Section 722-bHourly Rate DisputeSpecial Prosecutor FeesIndigent RightsJudicial DiscretionExtraordinary CircumstancesMonroe County LawEqual Protection Challenge
References
16
Case No. ADJ10231913
Regular
Mar 24, 2017

MARK REED vs. RAPID FIX, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision due to an incorrect calculation of the applicant's average weekly wage. The Board found that the administrative law judge erred by not correctly applying Labor Code section 4453(c)(2), which governs aggregate earnings from multiple employers. Specifically, self-employment earnings must be capped at the hourly rate of the employer where the injury occurred if it exceeds that rate. The case is remanded for further proceedings to accurately determine the applicant's hourly earnings from self-employment and the average number of hours worked.

Workers Compensation Appeals BoardPetition for ReconsiderationAverage Weekly WageTemporary Disability IndemnitySelf-Employment EarningsSchedule CForm 1040Schedule SELabor Code Section 4453(c)(2)Multiple Employment
References
1
Case No. MISSING
Regular Panel Decision
Jun 22, 1992

Camardo v. General Motors Hourly-Rate Employees Pension Plan

Plaintiff John A. Camardo, injured in 1983, sought disability pension benefits from the General Motors Hourly-Rate Employees Pension Plan after being declared a 'voluntary quit' by General Motors Corporation. The Plan denied his application for forms, leading to a lawsuit under ERISA. Magistrate Judge Heckman recommended denying the defendant's motions for dismissal and summary judgment and awarding summary judgment to the plaintiff. District Judge Arcara adopted the Magistrate Judge's Report and Recommendation, dismissed the defendant's objections for procedural non-compliance, and ordered the Plan Administrator to provide the plaintiff with the necessary application forms for disability pension benefits.

ERISADisability PensionSummary Judgment MotionLocal Rule ViolationReport and RecommendationAdministrative RemediesStatute of LimitationsVoluntary Quit ClauseCollective BargainingEmployee Benefits
References
20
Case No. MISSING
Regular Panel Decision

Hamilton v. General Motors Hourly-Rate Employee's Pension Plan

Plaintiff Gary Hamilton, proceeding pro se, initiated this action on June 26, 2014, under the Employee Retirement Income Security Act of 1974 (ERISA), alleging improper denial of pension benefits, breach of fiduciary duty, and equitable estoppel. He sought additional credited service for his tenure at non-foundry plants, contending that a Memorandum of Understanding (MOU) should modify his pension calculation as if his entire service had been at a designated foundry location. The defendants, General Motors Corporation Hourly-Rate Employee’s Pension Plan and General Motors, LLC, argued that the Plan's terms unambiguously require actual employment in designated foundry classifications for enhanced benefits and that the MOU's purpose was solely to facilitate employee transfers, not to alter pension benefits. The Court, applying an arbitrary and capricious standard of review, found the defendants' interpretation of both the Plan and the MOU to be reasonable. Consequently, the Court granted the defendants' motion for summary judgment and denied the plaintiff's claims in their entirety.

ERISAPension BenefitsFiduciary DutyEquitable EstoppelSummary JudgmentPlan AdministratorCredited ServiceFoundry JobsMemorandum of UnderstandingArbitrary and Capricious Standard
References
30
Case No. 2017 NY Slip Op 08460 [156 AD3d 404]
Regular Panel Decision
Dec 05, 2017

Clavin v. CAP Equipment Leasing Corp.

The Appellate Division, First Department, reversed a Supreme Court order, dismissing third-party claims for common law indemnification, contribution, and contractual indemnification. The court found that the plaintiff did not sustain a 'grave injury' as defined in Workers' Compensation Law § 11, making common law indemnification and contribution claims unsustainable against the employer. The claim for contractual indemnification was deemed unenforceable under General Obligations Law § 5-322.1, as it would indemnify CAP Rents for its own potential negligence. Additionally, the claim for failure to procure insurance was dismissed because the reservation contract did not expressly and specifically require Schiavone to name CAP Rents as an additional insured. CAP Equipment Leasing Corporation was also found to lack standing to enforce the contract.

indemnificationcontributiongrave injuryWorkers' CompensationGeneral Obligations Lawcontractual indemnificationinsurance procurementadditional insuredsummary judgmentnegligence
References
7
Case No. MISSING
Regular Panel Decision

Claim of Perrin v. Builders Resource, Inc.

The case concerns an appeal from a Workers' Compensation Board decision regarding the reimbursement rate for home health aide services provided to a claimant by their sister. Initially, the carrier denied payment but was later directed to pay. The Workers’ Compensation Law Judge set the reimbursement rate at $12 per hour for services starting in 2011, which the Board affirmed. The claimant appealed, solely challenging this rate. The court dismissed the appeal, ruling that the claimant was not an aggrieved party concerning the reimbursement rate, as the dispute was between the care provider (the sister) and the carrier. The court affirmed that the claimant received the care sought and could not raise issues on behalf of the care provider.

Workers' CompensationHome Health Aide ServicesReimbursement RateAppeal DismissalAggrieved PartyCare ProviderWorkers' Compensation BoardAppellate ProcedureNew York LawCarrier Liability
References
4
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Bakery & Confectionery Workers' International Union of America

This case involves a review of a determination finding discrimination. The court affirmed the discrimination finding, stating it was based on substantial evidence. However, the Commissioner's calculation of damages was found to be erroneous. The original damage award for eight complainants was based on an hourly wage rate applicable to only one. The court modified the awards for complainants whose actual wages were less than the hourly wage rate used by the Commissioner, accepting their actual hourly wage rate and hours lost. Awards where actual wages exceeded the determined rate were not disturbed due to the absence of a cross-appeal.

DiscriminationDamagesWage RateErroneous ComputationJudicial ReviewModificationComplainantsHourly WageSubstantial EvidencePanel Decision
References
2
Case No. ADJ10138143
Regular
Sep 01, 2017

SHIRLEY BROWN vs. MERCY MEDICAL CENTER MERCED COMMUNITY CAMPUS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending a prior decision. The Board ruled that attorney's fees for the applicant's counsel should be based entirely on their reasonable hourly rate and hours worked, not a combination of hourly rate and a percentage of the recovery. This decision clarified that fees owed by an employer under Labor Code § 4064(c) for an unrepresented employee's attorney are determined by the reasonableness of hours and hourly rate, not the indemnity awarded. Consequently, the applicant's attorney was awarded $10,758.75.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's FeesHourly RatePercentage of RecoveryLabor Code § 4064Declaration of Readiness to ProceedStipulations with Request for AwardQuantum MeruitIndemnity
References
1
Case No. 2024 NYSlipOp 01444 [225 AD3d 1189]
Regular Panel Decision
Mar 15, 2024

Jesmain v. Time Cap Dev. Corp.

Plaintiff Connor B. Jesmain was injured at a construction site on property owned by 980 James Street, LLC, while moving a stack of drywall panels that fell on his ankle. He commenced a Labor Law and common-law negligence action against Time Cap Development Corp. and 980 James Street, LLC (980 James defendants), and Interior Builders Framing and Drywall LLC. The 980 James defendants also sought contractual indemnification against third-party defendant Syracuse Energy Systems, Inc. The Appellate Division modified the Supreme Court's order, reinstating Labor Law §§ 240 (1) and 241 (6) causes of action due to issues of fact regarding safe storage and a dangerous material pile. The court also granted summary judgment dismissing Labor Law § 200 and common-law negligence claims against 980 James, denied contractual indemnification for 980 James defendants against Syracuse Energy, and granted summary judgment dismissing 980 James defendants' cross-claim for contractual indemnification against Interior Builders. The decision affirmed the denial of Interior Builders' motion to dismiss the amended complaint and other cross-claims.

Construction Site InjuryDrywall AccidentLabor Law § 240(1)Labor Law § 241(6)Labor Law § 200Common-Law NegligenceSummary JudgmentContractual IndemnificationThird-Party ActionAppellate Review
References
14
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
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