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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

In Re Soika

This case concerns Household Finance Corporation's petition to review a Referee in Bankruptcy's order regarding the nondischargeability of a prebankruptcy debt. The bankrupt provided false financial statements to Household Finance Corp. and Postal Finance Co., omitting significant existing indebtedness. The Referee found these statements to be materially false, made with intent to deceive, and relied upon by the creditors, resulting in the bankrupt receiving additional funds. The Referee determined the nondischargeable liability for Household Finance Corp. to be $75.00, which was challenged by Household Finance, seeking $1,400.00. The court affirmed the Referee's decision, concluding that the 1960 amendment to the Bankruptcy Act § 17(a)(2) does not impose a special penalty beyond the New York 'actual pecuniary loss' rule for fraud, thus construing exceptions to discharge strictly in favor of the bankrupt.

BankruptcyNondischargeable DebtFalse Financial StatementFraudDamagesBankruptcy ActCreditor RightsDebtor ProtectionPecuniary LossAppellate Review
References
6
Case No. ADJ11073243
Regular
Aug 01, 2018

MARTINA RODRIGUEZ OCOTECATL vs. GROLINK PLANT COMPANY, INC., HOUSEHOLD INDUSTRIES SELF INSURED GROUP, ATHENS ADMINISTRATORS, ARCH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an order declaring the case moot due to a settlement. The Board granted removal on its own motion to address whether the applicant's claim against Household Industries Self Insured Group was actually settled by the Compromise and Release (C&R). The Board found the WCJ's order was not a final decision and rescinded it. The matter was returned to the WCJ for further proceedings to determine the scope of the C&R and its impact on the claim against Household Industries.

Workers Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalCompromise and ReleaseApplicant's AttorneySelf-Insured EmployerInjury ClaimCumulative InjuryDeclarations of Readiness to Proceed
References
8
Case No. 00-CV-905
Regular Panel Decision

Federal Trade Commission v. First Capital Consumer Membership Services, Inc.

Non-party Electronic Payment Exchange (EPX) sought to intervene as a plaintiff in a case initiated by the Federal Trade Commission (FTC) against First Capital defendants. EPX claimed a significant financial interest due to an outstanding debt from defendant Worldwide Telecom, Inc., and a specific interest in funds held in the "Dakota Financial Group" account seized by the FTC and placed under receivership. EPX moved to intervene as of right and by permission, arguing its interests were not adequately protected by the FTC or the Receiver. The court denied EPX's motion, finding that EPX did not demonstrate that its interests would be impaired or inadequately protected, especially given the FTC's role as parens patriae and the Receiver's obligation to all claimants. The court also noted that EPX had alternative avenues for relief and that allowing intervention would introduce collateral issues and unduly delay the main action.

InterventionFederal Rules of Civil Procedure 24(a)(2)Federal Rules of Civil Procedure 24(b)(2)Asset FreezeReceivershipPromissory NoteCreditor ClaimsAdequacy of RepresentationParens PatriaeCollateral Issues
References
17
Case No. ADJ915105
Regular
Oct 08, 2008

ALEJANDRO ZAVALA vs. HOUSEHOLD INTERNATIONAL, ZURICH, SPECIALTY RISK SERVICES

This case concerns an applicant, Alejandro Zavala, and his employer, Household International, and their workers' compensation insurer, Zurich. The Workers' Compensation Appeals Board granted reconsideration of the original judge's decision. The Board rescinded the previous decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ.

WORKERS' COMPENSATION APPEALS BOARDAlejandro ZavalaHousehold InternationalZurichSpecialty Risk ServicesADJ915105SAL 0116450Santa AnaOpinion and Order Granting ReconsiderationDecision After Reconsideration
References
0
Case No. MISSING
Regular Panel Decision

Cleary v. Board of Education

The petitioner, a substitute school teacher, sought retroactive membership in the New York State Teachers’ Retirement System after the enactment of Retirement and Social Security Law § 803. Respondent, her employer, denied her application. Petitioner then initiated a CPLR article 78 proceeding, which the Supreme Court granted, annulling the Hearing Officer's determination due to lack of a rational basis. The respondent appealed this decision. The Appellate Court affirmed the Supreme Court's judgment, concluding that the Hearing Officer's finding that the petitioner participated in a procedure requiring a formal decision to join the retirement system lacked a rational basis, as the evidence presented by the respondent, including W-4 forms, personnel notations, and general office practice testimony, was insufficient to meet the burden.

Retroactive membershipTeachers’ Retirement SystemCPLR article 78Rational basis reviewStandard office practiceEvidence sufficiencyConstitutional challengeSubstitute teacherPublic retirement systemNew York law
References
6
Case No. ADJ8035089, ADJ8033530, ADJ8033513
Regular
Jun 27, 2012

Linda Barajas vs. First Group America, Chartis

The Appeals Board overturned a WCJ's denial of reimbursement for a self-procured gym membership. The applicant's claim was in delay status when her physician prescribed the membership, and she notified the adjuster without objection before purchasing it. The Board found the gym membership reasonable and consistent with ACOEM guidelines for shoulder treatment, though limited to six months. Therefore, the applicant is awarded one-half the cost of her 12-month membership as reasonable self-procured medical treatment.

Workers' Compensation Appeals BoardReconsiderationSelf-procured medical treatmentGym membershipTreating physicianDelay statusACOEM guidelinesLabor Code 5402(c)Utilization reviewIndustrial injury
References
0
Case No. MISSING
Regular Panel Decision

Padilla v. Wyman

The petitioner, an unnamed recipient of Old Age Assistance, challenged the constitutionality of New York State social services provisions. Her grant for basic needs was reduced after she moved from a one-person household to live with her daughter and granddaughter, both public assistance recipients. The petitioner argued that the reduction based on household size and the varying grant amount based on the status of other household members violated the equal protection clause. The court affirmed the Appellate Division's decision, finding a rational basis for reduced per capita grants in multiperson households and stating that social welfare classifications do not require absolute precision.

Equal Protection ClauseOld Age AssistancePublic AssistanceSocial Services LawHousehold CompositionGrant ReductionWelfare ProgramsAdministrative RegulationsConstitutional LawNew York Social Services
References
3
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
Case No. MISSING
Regular Panel Decision

Local 32B, Service Employees International Union v. Sage Realty Corp.

This case involves an application for a preliminary injunction regarding a labor dispute stemming from a collective bargaining agreement between the Realty Advisory Board on Labor Relations (RAB) and Local 32B, Service Employees International Union, AFL-CIO, against Sage Realty Corp. and other defendants. The plaintiff sought to prevent alleged violations of the agreement's sub-contracting and no-lockout provisions and compel arbitration, asserting the defendants were bound by RAB membership. However, the defendants contended they were never RAB members. The court found that their managing agent, Cushman & Wakefield, Inc., applied for membership on its own behalf, not for the defendants, and that any dues payments by Sage were inadvertent. Consequently, the court denied the plaintiff's motion for a preliminary injunction, concluding that the plaintiff failed to demonstrate the defendants' membership in the RAB and their obligation under the agreement.

Preliminary injunctionCollective bargaining agreementLabor disputeArbitrationUnionSubcontractingNo-lockout provisionCorporate membershipManaging agentInadvertent payment
References
0
Case No. MISSING
Regular Panel Decision
Mar 09, 1981

Rondinelli v. Corapi

Plaintiff George Rondinelli, a member and Chairman of Local 3, sued Local 101 and its president, Corapi, under the Labor Management Reporting and Disclosure Act (LMRDA). Rondinelli sought membership in Local 101, arguing he was denied his rights, and requested declaratory and injunctive relief to be admitted. His application followed his transfer to a new job at Brooklyn Union Gas Company that required him to work partly in Local 101's jurisdiction, and he aimed to challenge Corapi's leadership. Local 101 requested details about his job and reasoning for seeking membership, which Rondinelli refused to provide, claiming an automatic right to join. The court found that Local 101's inquiries were reasonable and in good faith due to the ambiguities of his job classification and existing union affiliation. Consequently, the court ruled that Rondinelli failed to meet membership requirements and dismissed his complaint, granting judgment to the defendants.

LMRDAUnion Membership RightsLabor DisputeInjunctive ReliefDeclaratory ReliefCollective BargainingBargaining UnitUnion By-lawsFederal Rules of Civil ProcedureDistrict Court
References
2
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