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

Case No. 2020 NY Slip Op 04896 [186 AD3d 1770]
Regular Panel Decision
Sep 03, 2020

Matter of Wen Liu v. Division of Gen. Internal Medicine, Mount Sinai Sch. of Medicine

Wen Liu, a data programming analyst, filed for workers' compensation benefits in May 2010, claiming a neck injury from a June 5, 2008 fall at work due to dizziness. The employer failed to timely file a notice of controversy, but a Workers' Compensation Law Judge (WCLJ) disallowed the claim, finding no causal connection between the injuries and employment. The Workers' Compensation Board upheld this decision, which the claimant appealed. The Appellate Division affirmed the Board's decision, emphasizing that the employer's procedural failure did not absolve the claimant of proving a causal relationship. Substantial evidence supported the Board's rejection of the claimant's medical proof, as emergency room records contradicted her later descriptions of the incident and indicated pre-existing conditions.

Workers' CompensationCausationMedical EvidenceTimely NoticeBurden of ProofInjuryFallDizzinessNeck InjuryCarpal Tunnel Syndrome
References
7
Case No. 23
Regular Panel Decision
Apr 30, 2020

American International Specialty Lines Insurance Company v. Allied Capital Corporation

This case addresses whether an arbitration panel exceeded its authority by reconsidering a "Partial Final Award" in an insurance dispute. The underlying dispute involved Ciena Capital LLC and Allied Capital Corporation seeking coverage from American International Specialty Lines Insurance Company (AISLIC) after settling a federal qui tam action. Initially, the arbitration panel issued a partial award, which was later reconsidered and corrected to grant both indemnification and defense costs. AISLIC challenged this reconsideration, arguing the panel was functus officio. The New York Court of Appeals reversed an Appellate Division ruling, holding that the initial "Partial Final Award" was not truly final because the parties had not mutually agreed to its finality. Consequently, the arbitration panel was deemed to have acted within its authority by reconsidering its initial determination, and the petition to vacate the corrected award was denied.

ArbitrationFunctus OfficioPartial Final AwardReconsiderationArbitrator AuthorityInsurance CoverageIndemnificationDefense CostsQui Tam ActionNew York Court of Appeals
References
18
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. ADJ8835693
Regular
Apr 01, 2015

DIANA MORALES vs. ROBERT HALF INTERNATIONAL, INC., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board granted the employer's petition for removal, rescinding an administrative law judge's order for additional QME panels. The employer argued the order improperly bypassed statutory procedures for obtaining QME panels, specifically Labor Code Sections 4060, 4062, and 4062.2, and would cause irreparable harm and prejudice. The Board agreed, finding the required prerequisite of a treating physician's determination and an objection thereto was not met for internal medicine, neurology, or gynecology. Consequently, the order for these panels was rescinded.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical ExaminerLabor Code Sections 406040624062.2Medical DirectorDivision of Workers' CompensationAgreed Medical EvaluatorApplication for Adjudication of Claim
References
0
Case No. MISSING
Regular Panel Decision

LLT International Inc. v. MCI Telecommunications Corp.

Petitioner LLT International Inc. moved to vacate an arbitration award rendered against it and in favor of Respondent MCI Telecommunications Corporation. MCI cross-moved to confirm the award. The District Court found the arbitration award to be internally inconsistent and that the arbitrators manifestly disregarded the controlling agreement by failing to account for unpaid monthly retainer fees and invoices. The court rejected LLT's claims of evident partiality and bias by the arbitration panel, finding no facts to support such a conclusion. Consequently, the court granted LLT's motion to vacate, denied MCI's cross-motion, vacated the arbitration award, and remanded the matter to the arbitrators for reconsideration of both parties' claims, dismissing the action with leave to renew.

Arbitration AwardVacaturRemand to ArbitratorsContractual AgreementFederal Arbitration ActArbitrator BiasInconsistent AwardBreach of ContractCommercial DisputeJudicial Review of Arbitration
References
22
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. ADJ11629744
Regular
Apr 24, 2023

ROCHELLE BOYD vs. VISSER, NATIONAL INTERSTATE RICHFIELD

The applicant sought reconsideration after the WCJ denied injury claims to the brain, internal system, psyche, and sexual dysfunction, as well as the issuance of additional QME panels. The Appeals Board granted reconsideration, finding good cause existed for additional QME panels in internal medicine and psychiatry. The original findings of fact were rescinded, and the issue of further QME panels in urology and neurology was deferred. The Board concluded that additional QME evaluations were necessary for a full adjudication of the claimed injuries outside of the admitted orthopedic injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorQME panelsinternal medicinepsychiatryneurologyurologysexual dysfunctionpsyche
References
3
Case No. MISSING
Regular Panel Decision

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. No. 00-CV-1161
Regular Panel Decision
Dec 28, 2000

Gallagher v. International Brotherhood of Electrical Workers

Michael Gallagher, a member of IBEW Local 43, sued the International Brotherhood of Electrical Workers (IBEW), its President J.J. Barry, IBEW Local 43, and several electrical contractors, alleging age discrimination in employment referrals and retaliation. He claimed violations of the Age Discrimination in Employment Act (ADEA) and New York Executive Law § 296. The International defendants (IBEW and J.J. Barry) filed a motion for judgment on the pleadings, arguing that Gallagher failed to name them in his administrative charges with the EEOC and NYSDHR, and that the claims were time-barred. The court granted the motion, finding that the "identity of interest" exception did not apply, thereby barring the ADEA claim against the International defendants. Additionally, the court ruled that Gallagher's state law claims were also time-barred due to failure to file within the statutory limits against the International defendants.

Age DiscriminationEmployment LawLabor UnionsCollective BargainingHiring HallEEOCNYSDHRStatute of LimitationsJudgment on the PleadingsIdentity of Interest
References
15
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