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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
Feb 21, 2014

Marin v. Constitution Realty, LLC

This case involves an appeal from an order regarding the division of attorneys' fees among Sheryl Menkes (appellant), David B. Golomb, and Jeffrey A. Manheimer (respondents). Menkes, attorney of record for plaintiffs in a personal injury action, had agreements with both Golomb and Manheimer for fee sharing. The primary dispute concerned Golomb's share, contingent on whether the case settled at a specific mediation session (12% fee) or later (40% fee). The court affirmed the lower court's decision, finding the contract unambiguous that the mediation session concluded on a specific date, entitling Golomb to the higher fee, and that Manheimer was entitled to 20% as per his agreement. The court rejected Menkes's arguments based on contract interpretation and professional conduct rules.

Attorney's FeesContract InterpretationMediation AgreementFee DisputePersonal Injury ActionQuantum MeruitProfessional ConductNew York LawSettlement NegotiationsStructured Settlement
References
13
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. MISSING
Regular Panel Decision

Claim of Shea v. Icelandair

A WCLJ found a claimant had a mild permanent partial disability but voluntarily retired, authorizing medical treatment without lost wage awards. The carrier disputed medical and transportation expenses, leading to a Workers’ Compensation Law § 32 agreement of $17,500 for claimant's expenses, including a $2,200 counsel fee. The WCLJ and Workers’ Compensation Board denied the counsel fee, arguing medical/travel awards are not 'compensation' subject to a lien. The appellate court reversed, broadly interpreting 'compensation' to include medical expenses to ensure representation availability for injured employees. The court remitted the case for the Board to exercise its discretion in reviewing the requested counsel fee.

Workers' CompensationCounsel FeesMedical ExpensesStatutory InterpretationLienPermanent Partial DisabilityVoluntary RetirementBoard DiscretionAppellate ReviewNew York Law
References
14
Case No. ADJ7016910, ADJ7016880
Regular
Jan 25, 2017

DENNIS LEBER vs. HOWARDS APPLIANCES, INSURANCE COMPANY OF THE WEST

This case involves a lien dismissal for non-payment of a $100 activation fee. The lien claimant argues they had until December 31, 2015, to pay based on a federal court order and a DWC Newsline. The Appeals Board intends to rescind the dismissal if the fee is paid within ten days, based on the interpretation that the federal court order allowed payment between November 9 and December 31, 2015. If the fee is paid, the lien claim will proceed to the trial level.

Lien activation feeLabor Code § 4903.06Workers' Compensation Appeals BoardReconsiderationOrder Dismissing Lien ClaimDWC NewslineU.S. District CourtPreliminary injunctionAngelotti Chiropractic v. BakerDIR Newsline
References
1
Case No. 2022 NY Slip Op 05964 [209 AD3d 596]
Regular Panel Decision
Oct 25, 2022

Pirozzo v. Laight St. Fee Owner LLC

Plaintiff Paul Pirozzo sought summary judgment on his Labor Law § 240 (1) claim against defendants Laight Street Fee Owner LLC, Laight Street Fee Owner II LLC, and Sciame Construction, LLC, which was granted by the Supreme Court. The Appellate Division, First Department, affirmed this decision. The plaintiff established a prima facie case by demonstrating that the scaffold he was working on collapsed without an apparent reason. The defendants' arguments that the plaintiff was the sole proximate cause, either by failing to lock scaffold pins or remaining on the scaffold while it was moved, were deemed unavailing. The court noted that these actions, even if proven, would amount to comparative negligence, which is not a defense to a Labor Law § 240 (1) claim, and there was no evidence of specific instructions to the plaintiff that were disobeyed.

Summary judgmentLabor Law § 240 (1)Scaffold collapseSole proximate causeComparative negligenceWorkers' compensation Form C-2Hearsay objectionPersonal knowledgeRecalcitranceAppellate Division
References
9
Case No. ADJ10406903
Regular
Jan 11, 2019

LUIS MANUEL MENDEZ SANCHEZ vs. HARTMARK CABINET DESIGN & MANUFACTURING, INC., EVEREST NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration of an order denying interpreter fees, finding that services for interpreting a Compromise and Release (C&R) may be compensable. The Board clarified that while not explicitly listed in statute, such interpretation could be considered a "similar setting" necessary to ascertain the validity and extent of injury for an applicant with limited English proficiency. The case was returned to the WCJ for further proceedings to determine if the interpreter fees were reasonably, actually, and necessarily incurred under Labor Code section 5811 and AD Rule 9795.3.

Workers' Compensation Appeals BoardPetition for ReconsiderationInterpreter FeesCompromise and ReleaseLabor Code Section 5811AD Rule 9795.3Judicial EconomyWCJPetition for CostsAdministrative Law Judge
References
0
Case No. ADJ9322594
Regular
Aug 17, 2018

ROSA AVILES vs. QUAKER GARDENS, ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding interpreter fees and sanctions. The WCAB rescinded the original findings and returned the case to the administrative law judge for further proceedings. This was because the defendant, Quaker Gardens, failed to pay interpreter fees within the mandated 60 days, and offered no justification for the delay. The WCAB found no evidence that the interpreter's litigation was frivolous.

Workers' Compensation Appeals BoardReconsiderationFindings of FactPetition for ReconsiderationAdministrative Law Judge (WCJ)PenaltiesInterestCostsSanctionsAttorney's Fees
References
1
Case No. ADJ908115 (LBO 0381637)
Regular
Jan 28, 2010

AARON VILLEGAS vs. CAMPOS TACOS, NATIONAL LIABILITY & FIRE INSURANCE CO.

This case involves a lien claim by an interpreter for services rendered to an applicant who ultimately was found not to be an employee. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed a prior order disallowing the lien. The WCAB determined that interpreter fees incurred for services at WCAB conferences and hearings are allowable costs under Labor Code section 5811(b), regardless of employee status. However, fees for interpretation at medical or medical-legal appointments were affirmed as not allowable.

Workers' Compensation Appeals BoardLien claimantReconsiderationWCJMedical-legal expensesLabor Code section 5811Interpretation servicesCampos TacosNational Liability & Fire Insurance Co.Applicant
References
1
Case No. ADJ10348591 ADJ10349019
Regular
Jan 07, 2019

MIGUEL VELAZQUEZ, SERVANDO VELAZQUEZ vs. ARTEMIO ARCE, SOLOMON MARTINEZ

The Workers' Compensation Appeals Board denied a defendant's petition for reconsideration, upholding a prior finding that liens for interpreting services were not barred by AD rule 9792.5.5. This rule, requiring a second review request for fee schedule disputes, did not apply because the interpreter services were not subject to an applicable fee schedule at the time of service. Therefore, the lien claimant's failure to request a second review did not preclude the WCAB from adjudicating the lien dispute. The Board reasoned that AD rule 9792.5.5 and associated statutes only mandate the second review process for disputes concerning amounts under an "applicable fee schedule."

Workers' Compensation Appeals BoardAD Rule 9792.5.5Official Medical Fee ScheduleIndependent Bill ReviewExplanation of ReviewLabor Code section 4603.2Senate Bill 863Threshold IssueFee Schedule DisputeInterpreter Services
References
0
Case No. 04-MD-1596
Regular Panel Decision
Mar 20, 2006

In Re Zyprexa Products Liability Litigation

This order by Senior District Judge Weinstein addresses legal fee allocation in a coordinated multi-district litigation against Eli Lilly & Company concerning the prescription drug Zyprexa. Following a partial settlement covering approximately 8,000 individual plaintiffs, the court adopted a proposal from special settlement masters regarding fee caps. The court modified the proposed cap, reducing it from 37.5% to 35% for most recoveries, while maintaining a 20% cap for "Track A" settlements. The special masters are granted discretionary authority to adjust fees within a range of 30% to 37.5% based on individual case circumstances, with appeal rights to the court. The decision emphasizes the court's inherent authority to supervise attorney fees, particularly in quasi-class actions and mass litigations, to ensure fairness and prevent excessive charges to clients, drawing parallels to class action rules and state laws limiting contingent fees.

Mass TortMulti-District LitigationFee AllocationContingency FeesAttorney FeesEthical SupervisionSettlementZyprexa LitigationQuasi-Class ActionJudicial Discretion
References
23
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