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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 Kornrich

Philip J. Shore, beneficiary of an inter vivos trust, through his guardian ad litem, sought the removal of trustee Georgina Vassiliou, Esq., for her failure to account as directed by a prior court order. Vassiliou, who drafted the trust instrument naming herself as grantor and trustee, argued that the trust terms exempted her from accounting during the beneficiary's lifetime. The court found that such a provision, attempting to render a fiduciary unaccountable, is void as against public policy, as expressed in EPTL 11-1.7, and applies equally to inter vivos trusts where beneficiaries cannot protect their interests. The court also denied Vassiliou's motion to dismiss the guardian's petition and her requests for reargument or renewal, finding them procedurally defective and lacking merit. Ultimately, the court granted the application for Vassiliou's removal as trustee and for permission to take and state her account, while denying all of Vassiliou's motions.

Inter Vivos TrustTrustee RemovalFiduciary DutyAccountingPublic PolicyEPTL 11-1.7Guardian ad LitemBeneficiary RightsProfessional EthicsSurrogate's Court
References
18
Case No. ADJ9141002 [death claim] ADJ6796445 [inter vivos]
Regular
Jan 16, 2014

RAMON PRIETO (Deceased) vs. APACHE AUTO, INC., ZENITH INSURANCE COMPANY, MEADOWBROOK/STAR INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The amendment changed the cumulative trauma period for the deceased applicant's industrial injury to his heart and neurological system from December 2007-December 2008 to November 2008-December 26, 2008. This change was made to reflect the correct insurance carrier's coverage period. The Board otherwise affirmed the original findings regarding industrial injury and death.

Workers' Compensation Appeals Boarddeath claiminter vivosindustrial injuryheart/cardiovascular systemneurologic systematrial fibrillationcumulative traumaauto wrecker salespersonZenith Insurance Company
References
0
Case No. MISSING
Regular Panel Decision

Jones v. Inter-County Imaging Centers

Plaintiff Earlston Jones, diagnosed with sickle cell disease, filed an action alleging employment discrimination under the Americans with Disabilities Act (ADA) and the New York Human Rights Law against Inter-County Imaging Center (ICIC) and Diane Demers. Jones claims he was denied a promotion and terminated due to his medical condition to avoid insurance costs. Defendants moved to dismiss, challenging ICIC's employer status, the number of employees for ADA applicability, and Demers' liability. The court denied dismissal of the ADA and Human Rights Law claims, pending discovery on employer identity and size. However, the court granted the dismissal of claims against Demers in her individual capacity and also dismissed the Title VII and Section 1981 claims.

Employment DiscriminationAmericans with Disabilities ActNew York Human Rights LawMotion to DismissSummary JudgmentEmployer DefinitionIndividual LiabilityRepresentative CapacityEEOC ChargeSickle Cell Disease
References
23
Case No. MISSING
Regular Panel Decision

Gawez v. Inter-Connection Electric, Inc.

The plaintiffs, a putative class of workers, commenced an action against contractor defendants, Inter-Connection Electric, Inc., and its president Jeff Skowronski, along with surety defendants, First National Insurance Company of America and RLI Insurance Company, alleging failure to pay prevailing wages mandated by Labor Law § 220 for various public works projects. The contractor defendants cross-moved to dismiss claims related to federally-funded projects and the Luna Park Houses project. The surety defendants also cross-moved for summary judgment on claims pertaining to federally-funded projects, the 1010 East 178th Street Development project, the New Cambria Heights Library project, and the Castle Hill Houses project. The Supreme Court granted these cross motions. The appellate court affirmed the Supreme Court's order, concluding that no private right of action exists under the Federal Davis-Bacon Act for federally-funded projects, the Luna Park Houses project was privately funded, and the plaintiffs failed to establish their involvement in other specific projects against the surety defendants.

class actionprevailing wageLabor LawDavis-Bacon Actpublic worksfederally fundedprivate right of actioncontract lawsummary judgmentdismissal
References
11
Case No. ADJ11893382
Regular
Mar 10, 2020

JAIME ANGUIANO (Deceased) vs. INTER CON SECURITY SYSTEMS, ARCH INSURANCE COMPANY

This case involves a deceased applicant, Jaime Anguiano, and the defendants Inter Con Security Systems and Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) denied a Petition for Removal filed by one of the parties. The WCAB emphasized that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm that reconsideration cannot remedy. Because the WCJ's report suggested placing the matter back on calendar, the WCAB determined the issue is best handled at the trial level and denied the petition.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationTrial LevelStatus ConferenceMandatory Settlement ConferenceWorkers' Compensation Appeals BoardAdministrative Law Judge
References
2
Case No. ADJ10492342
Regular
Apr 27, 2023

JASMINE ORBERG vs. INTER SOURCES, INC., STATE FARM FIRE AND CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision, finding applicant Jasmine Orberg was an employee of Inter Sources, Inc. at the time of her injury. The WCAB determined that Orberg's activities in the training program, including interacting with customers and providing status updates, established an employer-employee relationship under the Borello standard. Furthermore, the WCAB ruled that the "going and coming" rule did not bar her claim because the employer provided transportation, which falls under an exception to the rule. The case is returned to the trial level for further proceedings on other issues.

Workers' Compensation Appeals BoardInternshipMotor Vehicle AccidentGoing and Coming RuleEmployer-employee relationshipBorello standardIndependent contractorPrima facie caseAgencyProvided transportation
References
18
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. SRO 125481, SRO 140547
Regular
Apr 04, 2008

SANDRA FORREST (deceased), BRYAN MAHAFFY (widower) vs. BOYES SPRINGS FOOD CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing a previous decision and finding that the applicant's claim for death benefits was barred by the statute of limitations. The Board determined that the claim was filed more than 240 weeks after the established date of injury, as dictated by Labor Code Section 5406. This decision was based on precedent stating that once an injury date is established *inter vivos*, a dependent's subsequent knowledge of industrial causation does not create a new date of injury.

Statute of limitationsDeath benefitsPetition for reconsiderationFindings of Fact and DecisionIndustrial injuryBilateral upper extremitiesCarpel tunnel syndromeShoulder dislocationTemporary disabilityPermanent and stationary
References
9
Case No. ADJ8221321
Regular
Nov 09, 2020

ANTHONY PAUL MAGOULAS, PAUL MAGOULAS (deceased) vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT AND INDMENITY

The Workers' Compensation Appeals Board rescinded the original findings and returned the case to trial for further proceedings. The Board determined the death benefit claim was timely filed under Labor Code § 5406, even though it was erroneously filed under the decedent's inter vivos claim number. Additionally, the Board found that dependency is determined at the time of injury, not death, and the original finding of no dependent was legally inaccurate and unsupported by the record. Therefore, the WCAB remanded the case to address the dependency issue and potentially assign a separate adjudication number to the death claim.

WCABReconsiderationDeath ClaimStatute of LimitationsLabor Code Section 5406Inter Vivos ClaimDependencyLabor Code Section 3501Adjudication NumberLiberal Construction
References
15
Case No. ADJ7099563, ADJ7825176
Regular
Mar 07, 2014

MARIA GONZALEZ (WIDOW) vs. THE GAP, INC. dba BANANA REPUBLIC, AMERICAN ZURICH INSURANCE C/O SPECIALTY RISK

The Workers' Compensation Appeals Board affirmed a prior decision finding that the deceased employee did not sustain an industrial injury to his nervous, cardiac, or hypertension systems. Furthermore, his death was determined not to be industrially caused, and his widow's claim for death benefits was denied. The Board found that the defendant's timely denial of the employee's inter vivos claim precluded the need for a separate denial of the death benefit claim arising from the same alleged injury. The Board also concluded that the applicant failed to present substantial medical evidence demonstrating industrial causation for the alleged conditions or the resulting death.

Workers' Compensation Appeals BoardMiguel Angel GonzalezMaria GonzalezThe Gap Inc.Banana RepublicAmerican Zurich Insuranceindustrial injurynervous systemcardiac systemhypertension
References
10
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