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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

Claim of Enriquez v. Home Lawn Care & Landscaping, Inc.

The claimant filed for workers' compensation benefits after sustaining an injury from falling off a ladder while working for Home Lawn Care and Landscaping, Inc. A Workers' Compensation Law Judge initially determined an employer-employee relationship existed and that the injury arose out of and in the course of employment. The Workers' Compensation Board affirmed these findings and found Home Lawn Care had violated Workers’ Compensation Law § 25 (2) (b) due to an untimely notice of controversy. Home Lawn Care appealed. The appellate court agreed that the Board erred in finding a violation of Workers’ Compensation Law § 25 (2) (b) but upheld the Board's determination of an employer-employee relationship and that the injury arose from employment, thus modifying and affirming the Board's decisions.

Workers' CompensationEmployer-Employee RelationshipScope of EmploymentAccidental InjuryNotice of ControversySubstantial EvidenceCredibility DeterminationAppellate ReviewLadder FallGutter Cleaning
References
12
Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
Case No. MISSING
Regular Panel Decision

Concerned Home Care Providers, Inc. v. Cuomo

Plaintiffs, an association of home care providers and five licensed home care services agencies, challenged the New York Public Health Law § 3614-c (Wage Parity Law), alleging preemption by NLRA and ERISA, and violations of Equal Protection and Due Process. The Court dismissed claims against Governor Andrew M. Cuomo and all claims related to NLRA preemption, Equal Protection, and Due Process. However, the Court denied dismissal of the ERISA preemption claim against Commissioner Nirav R. Shah, finding subdivision 4 of the Wage Parity Law invalid as preempted by ERISA. Consequently, subdivision 4 was severed, and Commissioner Shah was permanently enjoined from enforcing it, while the remainder of the Wage Parity Law was upheld.

Wage Parity LawERISA PreemptionNLRA PreemptionEqual ProtectionDue ProcessStandingSeverabilityHome Care ServicesMedicaidCollective Bargaining
References
14
Case No. 2020 NY Slip Op 02696 [183 AD3d 983]
Regular Panel Decision
May 07, 2020

Matter of Zuniga v. Aliah Home Care Inc.

Zulma Zuniga, a home health care aide, filed a workers' compensation claim listing Aliah Home Care Inc. as her employer. A Workers' Compensation Law Judge (WCLJ) found Aliah to be Zuniga's employer and 100% liable for awards. Aliah later filed an application with the Workers' Compensation Board seeking review, asserting that Zuniga was actually employed by County Agency. The Board denied Aliah's application as untimely, as it was filed well beyond the 30-day window. Aliah's subsequent request for reconsideration was also denied. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in denying the untimely application for review.

Workers' CompensationTimelinessApplication for ReviewAdministrative DiscretionEmployer LiabilityPermanent Partial DisabilityHome Health CareAppellate ReviewUntimely FilingBoard Decision
References
5
Case No. 2025 NY Slip Op 06107 [243 AD3d 986]
Regular Panel Decision
Nov 06, 2025

Matter of Dunkez Private Home Care, Inc. v. McDonald

The case involves Dunkez Private Home Care, Inc., a licensed home care services agency, challenging the Commissioner of Health's determination to revoke its license and impose a monetary penalty. The revocation stemmed from multiple deficiencies found during DOH surveys in 2019 and 2021, a substantiated patient complaint, and the agency's failure to comply with a temporary suspension order. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding it supported by substantial evidence. The Court also found the penalty, license revocation and a monetary fine, was not disproportionate or shocking to one's sense of fairness, considering the serious danger posed to vulnerable patients.

Home Care Services AgencyLicense RevocationAdministrative LawJudicial ReviewSubstantial EvidenceDepartment of HealthCPLR Article 78Monetary PenaltyTemporary Suspension OrderPatient Care Deficiencies
References
12
Case No. 2018 NY Slip Op 08737
Regular Panel Decision
Dec 20, 2018

NYAHSA Servs., Inc., Self-Insurance Trust v. Recco Home Care Servs., Inc.

This case concerns an appeal from an order of the Supreme Court in Albany County. Plaintiff NYAHSA Services, Inc., Self-Insurance Trust, a self-insured trust providing workers' compensation coverage, sued defendant Recco Home Care Services, Inc. for unpaid adjustments after the defendant terminated its membership. Following an amendment to the complaint adding individual trustees as plaintiffs, the defendant asserted counterclaims for fraud, breach of fiduciary duty, and negligence against these trustees, which the Supreme Court dismissed as time-barred. The defendant also sought to amend its answer to include a counterclaim under General Business Law, which was denied. The Appellate Division, Third Department, found that the Supreme Court erred in dismissing the counterclaims for fraud and breach of fiduciary duty and in denying the cross-motion to amend for the General Business Law claim. Consequently, the Appellate Division modified the Supreme Court's order, reversing parts of the dismissal and denial, and affirmed the order as modified.

Workers' Compensation CoverageSelf-Insurance TrustFraud AllegationsBreach of Fiduciary DutyGeneral Business LawStatute of LimitationsAmended PleadingsCounterclaimsAppellate ReviewMotion to Dismiss
References
2
Case No. MISSING
Regular Panel Decision
Feb 24, 1988

Settlement Home Care, Inc. v. Industrial Board of Appeals of the Department of Labor

Four related CPLR article 78 proceedings were brought by nonmunicipal petitioners (Settlement Home Care, Inc., Christian Community in Action, Inc., and CABS Home Attendants Service, Inc.) along with the City of New York and the Human Resources Administration, challenging determinations by the Industrial Board of Appeals of the Department of Labor. The determinations affirmed that the Commissioner of Labor had jurisdiction to issue labor violation notices against the nonmunicipal petitioners for failing to meet minimum wage requirements for sleep-in home attendants. The core issue was whether these home attendants were exempt from the State Minimum Wage Act under Labor Law § 651 (5) (a) as 'companions.' The court confirmed the board's finding that the attendants were not exempt because the clients were not considered employers, the principal purpose of the attendants was not companionship, and their principal duties included housekeeping. Consequently, the court confirmed the Industrial Board of Appeals' determinations and dismissed the proceedings on the merits.

Minimum Wage ActHome AttendantsLabor Law ExemptionCPLR Article 78Industrial Board of AppealsSleep-in EmployeesEmployer DefinitionCompanionship ExemptionHousekeeping DutiesAgency Determination Review
References
4
Case No. MISSING
Regular Panel Decision

Concerned Home Care Providers, Inc. v. State

The case concerns a challenge by home care service agencies and a trade association (petitioners) to New York's Wage Parity Law (Public Health Law § 3614-c). This law conditions Medicaid reimbursement for home health care services in the metropolitan New York area on agencies paying home care aides a minimum wage, determined by reference to New York City's Living Wage Law. Petitioners argued the law was unconstitutional due to improper delegation of legislative authority, violation of the "incorporation by reference" clause, and violation of home rule provisions. They also challenged the Department of Health's (DOH) interpretation of "total compensation." The Supreme Court granted summary judgment to the respondents (DOH), and the appellate court affirmed, finding no improper delegation, no violation of the incorporation by reference clause, home rule provisions inapplicable as Medicaid is a state concern, and DOH's interpretation of "total compensation" to be rational.

Wage Parity LawHome Health Care ServicesMedicaid ReimbursementConstitutional LawLegislative AuthorityNew York City Living Wage LawHome RuleDue ProcessDepartment of HealthStatutory Interpretation
References
27
Case No. MISSING
Regular Panel Decision

Express Home Care Agency, Inc. v. VIP Health Services, Inc.

The defendant appeals an order from the Supreme Court, Kings County, denying its motion for summary judgment regarding a breach of contract action. The plaintiff, a home health care worker provider, and the defendant, a home health care agency, had a contract where the plaintiff provided aides, and the defendant agreed to pay an hourly rate. The plaintiff sued for non-payment, while the defendant counterclaimed, alleging the plaintiff provided unqualified aides. The court found the contract divisible, thus the plaintiff was entitled to compensation for qualified aides, affirming the denial of summary judgment for the first cause of action. However, the order was modified to dismiss the second, third, and fourth causes of action, which alleged unjust enrichment, as they were based on the same breach of contract allegations.

Breach of ContractSummary JudgmentAppealDivisible ContractUnjust EnrichmentHome Health CareQualified WorkersCounterclaimsContract LawAppellate Division
References
6
Case No. 2023 NY Slip Op 01170
Regular Panel Decision
Mar 07, 2023

Teshabaeva v. Family Home Care Servs. of Brooklyn & Queens, Inc.

Maktumma Teshabaeva and Jian Hua Deng, former home health aids, initiated a wage-and-hour class action against Family Home Care Services of Brooklyn and Queens, Inc., alleging underpayment for 24-hour shifts and overtime. Defendants sought to compel arbitration based on a 2015 memorandum of agreement (MOA) with the plaintiffs' union, which established a mandatory alternative dispute resolution procedure. The Supreme Court initially denied the defendants' motion to compel, ruling the MOA did not apply to plaintiffs who terminated employment before its effective date. After a federal court confirmed an arbitration interim award, defendants moved to renew their arbitration motion, which the Supreme Court denied, also granting plaintiffs legal fees for opposing the motion. Separately, the Supreme Court granted plaintiffs' motion to strike defendants' answer due to persistent discovery non-compliance. The Appellate Division, First Department, affirmed both Supreme Court orders, finding the federal court's confirmation did not constitute new facts for renewal, and reiterated that lower federal court decisions are not binding precedent in state courts. The court also upheld the sanctions against defendants for frivolous conduct and their willful failure to comply with discovery demands.

Wage-and-hour disputeLabor Law claimsBreach of contractClass actionArbitrationAlternative Dispute Resolution (ADR)Motion to renewDiscovery sanctionsFrivolous conductRes judicata
References
15
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