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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

Matter of Campbell v. Interstate Materials Corporation

The claimant, an operating manager for Interstate Materials Corporation, suffered injuries to his neck, back, and knees in August 2006 and a second lower back injury in April 2008. A Workers' Compensation Law Judge initially classified the claimant with a permanent total disability and struck the independent medical examiner's report. The Workers' Compensation Board reversed this, finding the IME report improperly precluded due to the examiner's hospitalization and reclassified the claimant with a permanent partial disability, equally apportioned between the two accidents. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in considering the IME report and that substantial evidence supported both the permanent partial disability classification and the equal apportionment of the disability.

Permanent Partial DisabilityPermanent Total DisabilityWorkers' Compensation BoardApportionment of DisabilityMedical EvidenceIndependent Medical Examination (IME)Cross-Examination RightsAbuse of DiscretionSubstantial EvidenceConflicting Medical Opinions
References
12
Case No. MISSING
Regular Panel Decision

Brauch v. Interstate Brands Corp.

A former employee of Interstate Brands Corp. sued Interstate, his union (IAM), and its representative for $50,000 in lost pension benefits after his benefits were terminated under a new IAM pension plan. The termination occurred because Interstate ceased contributions less than four years after joining the plan. The plaintiff alleged misrepresentation by the union and its representative, and failure to inform by Interstate regarding the plan's termination provision and their intent to cease contributions. The court, however, found no legal duty for the employer to inform the employee about collective bargaining agreement terms. Consequently, the appellate court unanimously reversed the lower court's denial of Interstate's motion for summary judgment, granted the motion, and dismissed the complaint against Interstate.

Pension Benefits TerminationEmployer LiabilityUnion LiabilityCollective Bargaining Agreement InterpretationDuty to InformSummary Judgment AppealWrongful Termination of BenefitsEmployee RightsLabor DisputeAppellate Reversal
References
0
Case No. MISSING
Regular Panel Decision

Committee of Unsecured Creditors of Interstate Cigar Co. v. Interstate Distribution, Inc. (In Re Interstate Cigar Co.)

This Memorandum Decision addresses the Plaintiff's Motion for Summary Judgment regarding damages in an adversary proceeding. The Committee of Unsecured Creditors of Interstate Cigar Co., Inc. sued Interstate Distribution, Inc. and Congress Financial Corporation, alleging violations of Article 6 of the Uniform Commercial Code (Bulk Sales Law). A New York State Appellate Court had already determined Congress's liability for violating the Bulk Sales Law. The Bankruptcy Court, presided over by Judge Dorothy Eisenberg, was tasked with determining the appropriate damages. The court granted summary judgment in favor of the Plaintiff, concluding that Congress is liable for the value of the inventory and equipment transferred, fixing damages at $14,976,662.00. The decision also awarded prejudgment interest to compensate the Plaintiff for Congress's wrongful retention of asset value, with the specific interest rate to be determined in a subsequent hearing.

Bankruptcy LawBulk Sales LawUniform Commercial Code Article 6Summary JudgmentDamages CalculationPrejudgment InterestFraudulent ConveyanceAsset TransferCreditor ProtectionTrustee Powers
References
40
Case No. MISSING
Regular Panel Decision
Sep 11, 2009

George v. IBC Sales Corp.

The defendant IBC Sales Corporation appealed an order denying its cross-motion for summary judgment in a wrongful death action. The decedent, an employee of Interstate Brands Corporation (Brands), was killed at a bakery thrift store owned by IBC Sales, a subsidiary of Brands. The plaintiff, the decedent’s wife, filed a workers' compensation claim, which found a work-related death, and then sued IBC Sales. IBC Sales argued that workers’ compensation was the exclusive remedy, claiming it was an alter ego of Brands or the decedent's special employer. The Supreme Court denied IBC Sales’s cross-motion, finding questions of fact regarding the alter ego status and special employment relationship. The appellate court affirmed, agreeing that IBC Sales failed to establish its prima facie entitlement to judgment as a matter of law.

Wrongful DeathSummary JudgmentWorkers' Compensation LawAlter EgoSpecial EmployeeParent SubsidiaryCorporate VeilAppellate ReviewNew York StateNassau County
References
10
Case No. MISSING
Regular Panel Decision

In re Clumber Transportation Corp.

Clumber Transportation Corporation and Poppy Cab Corporation appealed decisions from the Workers’ Compensation Board. The Board found both corporations to be employers, subject to workers’ compensation insurance requirements, because they leased taxicab medallions and, in Clumber's case, had more than one corporate officer prior to January 1, 1987. The corporations challenged the statutory employment relationship and the Board Chairman's authority to delegate penalty imposition. The court affirmed the Board’s interpretation of Workers’ Compensation Law § 2, finding that medallion leases created a statutory employment relationship. It also upheld the Board's finding regarding Clumber's multiple officers and the Chairman's delegation authority. However, the court modified the penalty against Poppy Cab Corporation, reducing it from $7,200 to $6,000, while affirming the decision against Clumber.

Workers Compensation LawTaxicab MedallionEmployer-Employee RelationshipStatutory EmploymentCorporate OfficersInsurance RequirementDelegation of AuthorityAdministrative PenaltiesAppellate ReviewStatutory Interpretation
References
3
Case No. MISSING
Regular Panel Decision
Mar 06, 2009

Johnson v. UniFirst Corp.

Plaintiff, an employee of Derrick Corporation, sustained injuries when his uniform, rented from UniFirst Corporation, caught fire. UniFirst, a defendant in the main personal injury action, filed a third-party complaint against Derrick for contractual indemnification. Derrick moved for summary judgment to dismiss the third-party complaint, arguing that its contract with UniFirst had expired at the time of the accident, thus barring indemnification under Workers' Compensation Law § 11. The Supreme Court denied Derrick's motion. On appeal, the order was reversed, and Derrick's motion for summary judgment was granted, leading to the dismissal of the third-party complaint. The appellate court found UniFirst failed to provide statutory notice for automatic contract renewal under General Obligations Law § 5-903 (2).

Contractual IndemnificationSummary JudgmentWorkers' Compensation LawGeneral Obligations LawAutomatic Renewal ProvisionThird-Party ActionPersonal InjuryUniform FireEmployer LiabilityStatutory Notice
References
6
Case No. 81 Civ. 3958 (KTD)
Regular Panel Decision
Sep 16, 1982

In Re Pension Plan for Emp. of Broadway Maint.

This case involves a dispute between the Pension Benefit Guaranty Corporation (PBGC) and the bankrupt Broadway Maintenance Corporation over the termination date of Broadway's employee pension plan. The PBGC initiated the lawsuit to be appointed statutory trustee, declare the plan terminated, and sought a termination date of March 26, 1981, while Broadway argued for a retroactive date prior to December 31, 1979. Judge Kevin Thomas Duffy acknowledged the appointment of the PBGC as trustee and the plan's termination, with the sole issue being the precise termination date. After considering the interests of the participants, the PBGC, and Broadway, and applying legal precedent, the court ultimately set December 5, 1980, as the earliest valid termination date. This date was chosen because it marked when the PBGC filed its original Proofs of Claim, signaling its clear intent to terminate the plan.

ERISAPension Plan TerminationEmployee BenefitsBankruptcyPBGCStatutory TrusteeRetroactive Termination DateJudicial TerminationParticipant InterestsFinancial Distress
References
3
Case No. MISSING
Regular Panel Decision

Exxon Mobil Corp. v. Tredegar Corp.

Exxon Mobil Corporation sued Tredegar Corporation alleging breach of an Asset Purchase Agreement (APA). Exxon claimed Tredegar failed to indemnify it for a settlement in an underlying personal injury action and failed to cooperate in Exxon's defense as per the APA. Tredegar filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6). The court granted the motion to dismiss Count I, finding the indemnification provisions of the APA ambiguous regarding whether the liability was 'assumed' or 'retained'. However, the court largely denied the motion to dismiss Count II, concluding that Exxon plausibly alleged a breach of Tredegar's duty to cooperate and provide reasonable access to employees, with a partial grant for the records access claim under Section 12.7 of the APA.

asset purchase agreementindemnification clausebreach of contractduty to cooperatemotion to dismisscontract ambiguitycorporate acquisitionpre-closing occurrencespost-closing eventslitigation defense
References
14
Case No. MON 314007
Regular
Dec 12, 2007

TROLANG CARR vs. INTERSTATE BRANDS CORPORATION

The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions for reconsideration. The Board upheld the original award finding industrial injury to the applicant's right hand and psyche, resulting in permanent disability and a need for further orthopedic treatment. While the applicant sought unrestricted psychiatric care, the Board found the WCJ's award, which included monitoring of psychotropic medication, was supported by evidence and the WCJ's own observations of the applicant's demeanor.

WCABInterstate Brands CorporationFindings and Awardindustrial injuryright handright index fingerright middle fingerpsychepermanent disabilityorthopedic medical treatment
References
1
Case No. MISSING
Regular Panel Decision
Oct 06, 1987

Constantine v. Sperry Corp.

James Constantine, a passenger in a van leased by his employer Sperry Corporation, was injured when the van, operated by a fellow employee Oligario, struck a curb. The plaintiffs appealed a judgment denying their motion for summary judgment and granted the defendants' cross motion, dismissing the complaint. The court affirmed the judgment, finding that Constantine's injuries arose out of and in the course of his employment, making his sole remedy the Workers' Compensation Law. Consequently, both the employer and co-worker were immune from suit, and no liability could be imputed to the van owner, Gelco Corporation. The derivative claim by Constantine's wife was also dismissed.

Personal InjuryWorkers' CompensationEmployer ImmunityCo-employee ImmunitySummary JudgmentAppellate ReviewDerivative ClaimVan AccidentNassau CountyNew York
References
4
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