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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
Apr 19, 2011

Dietz v. Board of Education of Rochester City School District

Petitioner commenced a CPLR article 78 proceeding seeking reinstatement of his employment with the Rochester City School District after his position as a "school instructor/transition counselor" was abolished. He contended he was entitled to seniority rights within the "special subject tenure area" of school social worker under 8 NYCRR 30-1.8 (b) (9) and Education Law § 2585 (3), asserting he was not the least senior person in that tenure area. The Supreme Court denied the petition, and the appellate court affirmed. The collective bargaining agreement between the District and the union specified that layoffs for "school instructors" would occur within distinct categories, not tenure areas, and that school instructors could not displace teachers. By accepting employment as a school instructor and participating in the CBA, the petitioner was deemed to have waived any seniority rights in the school social worker tenure area.

Employment LawSeniority RightsCollective Bargaining AgreementSchool InstructorSchool Social WorkerTenure AreaCPLR Article 78 ProceedingJudicial ReviewWaiver of RightsWorkforce Reduction
References
11
Case No. ADJ302560 (LAO 0733786)
Regular
Aug 11, 2009

DAVID COE vs. PROFESSIONAL ASSOCIATION OF DIVING INSTRUCTORS, MISSION INSURANCE COMPANY

The applicant, injured in 1984, filed a workers' compensation claim in 1996, outside the typical statute of limitations. The Administrative Law Judge found the claim barred due to the applicant's failure to prove incompetence during the intervening period. The Appeals Board, while granting reconsideration to address a separate fee issue, affirmed the statute of limitations bar, finding insufficient evidence that the applicant was legally incompetent to file his claim between 1984 and 1996. The Board concluded that the medical expert, while diagnosing dementia, could not definitively state the applicant was incompetent for the entire relevant period, thus applicant failed to meet his burden of proof.

Statute of LimitationsIncompetencyTollingDementiaExecutive FunctioningAgreed Medical EvaluatorEquitable EstoppelLabor Code Section 5710Petition for ReconsiderationWCJ
References
4
Case No. LAO 733786
Regular
Jul 25, 2007

David Coe vs. PROFESSIONAL ASSOCIATION OF DIVING INSTRUCTORS, MISSION INSURANCE COMPANY, CIGA

The Appeals Board granted reconsideration of the trial judge's decision that barred the applicant's claim due to the statute of limitations. The Board found that the applicant's severe head injury and resulting dementia raised serious questions about his competency to file a timely claim. Therefore, the case was returned to the trial level for further proceedings to determine if the statute of limitations should be tolled due to the applicant's mental incapacity.

Statute of LimitationsIncompetencyGuardian Ad LitemTollingWorkers' Compensation Appeals BoardMission InsuranceCIGAScuba Diving InstructorCatastrophic InjuryHypoxic Encephalopathy
References
1
Case No. ADJ302560
Regular
Jan 10, 2012

DAVID COE vs. PROFESSIONAL ASSOCIATION OF DIVING INSTRUCTORS, MISSION INSURANCE COMPANY, IN LIQUIDATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board granted reconsideration on its own motion to correct a clerical error in a prior decision regarding a Labor Code section 5710 attorney's fee. The original award of $1,903.75 was twice the applicant's attorney's requested fee of $1,093.75, which the WCJ and the Board's prior decision acknowledged. The Board corrected its decision to reflect the accurate attorney fee of $1,093.75, while reaffirming that CIGA has no liability for this fee due to a credit against the applicant's third-party recovery, which is reduced by the corrected fee amount.

Workers' Compensation Appeals BoardProfessional Association of Diving InstructorsMission Insurance CompanyCalifornia Insurance Guarantee Association (CIGA)Labor Code section 5710attorney's feeclerical errorpetition for reconsiderationthird-party recoverynet third party recovery
References
2
Case No. MISSING
Regular Panel Decision

Oram v. SoulCycle LLC

Plaintiff Nick Oram, a former SoulCycle instructor, filed a class action alleging wage and hour violations under New York and California labor laws, including insufficient pay for non-class tasks, infrequent wage payments, and unreimbursed business expenses, along with a retaliation claim. Defendants, various SoulCycle entities, moved to sever California claims, dismiss New York claims, and strike parts of the complaint. The court denied the motion to sever, dismissed the first three New York wage claims, but allowed the retaliation claim to proceed, and partially granted and denied the motion to strike certain allegations from the complaint.

Wage and Hour ViolationsRetaliationMinimum WageUnlawful DeductionsClass Action LawsuitMotion PracticeEmployment LawNew York Labor LawCalifornia Labor CodeFederal Civil Procedure
References
50
Case No. MISSING
Regular Panel Decision

Matter of Saratoga Skydiving Adventures v. Workers' Compensation Board

Saratoga Skydiving Adventures appealed a Workers’ Compensation Board decision upholding a stop-work order. The initial order was issued after an investigation revealed the company lacked workers' compensation coverage, with owner Bob Rawlins asserting his workers were independent contractors. Following a hearing, a Workers’ Compensation Law Judge denied Saratoga Skydiving's application to lift the order. The appellate court affirmed this denial, determining that substantial evidence supported the finding of an employer-employee relationship for pilots and jump instructors, given their integral role in the business and Rawlins' control over their work. Consequently, Saratoga Skydiving was required to maintain workers' compensation coverage for these individuals.

Workers' CompensationStop-Work OrderEmployer-Employee RelationshipIndependent ContractorSkydiving BusinessHazardous EmploymentUninsured Employers’ FundAppellate ReviewSubstantial EvidenceLabor Law
References
7
Case No. MISSING
Regular Panel Decision

Weaver v. DiNapoli

Petitioner, a vocational instructor, applied for disability retirement benefits under Retirement and Social Security Law article 15 after sustaining various work-related injuries between 2002 and 2007. The Comptroller denied the application, determining that petitioner failed to establish permanent incapacity from performing his job duties. Petitioner subsequently initiated a CPLR article 78 proceeding to challenge this determination. The court confirmed the Comptroller's decision, citing the lack of a definitive medical opinion of permanent incapacity from the petitioner's treating physician, who classified the disability as temporary. Furthermore, an orthopedic surgeon for the respondent opined that petitioner's conditions did not permanently incapacitate him. Consequently, the Comptroller's determination was supported by substantial evidence.

References
5
Case No. MISSING
Regular Panel Decision

Richter v. Buffalo Air Park, Inc.

Henry Richter, a Chief Flight Instructor for Buffalo Air Park, Inc., was killed in a plane crash while giving a licensing examination to a student. His widow filed a claim for death benefits under the Workers’ Compensation Law. The carrier controverted the claim, arguing Richter was not an employee at the time of his death. After reviewing testimony, the Workers’ Compensation Board found an employer-employee relationship, citing Richter's FAA certification as an inducement for students, provided office space, and administrative support. The Board's determination was affirmed on appeal, with the court finding substantial evidence of an employment relationship based on Air Park's control over scheduling, payment methods, provision of equipment, and right to discharge Richter.

employment relationshipflight instructorworkers' compensationfatal accidentcausal relationshipright to controlmethod of paymentequipmentright to dischargerelative nature of work
References
1
Case No. MISSING
Regular Panel Decision

Claim of Maw v. Wal-Mart

The claimant, injured in 1999 as an 18-year-old sales associate, sought workers' compensation benefits with a focus on future wage expectancy as a professional dancer. Initially, her average weekly wage was set at $226.38, but a WCLJ later adjusted it to $800 after classifying her with a permanent partial disability. The Workers' Compensation Board modified this to $450, based on potential earnings as a dance instructor, arguing that her pursuit of a professional dancing career was too speculative at the time of injury. The Board also limited the application of this adjustment to awards made from the date of permanency, February 12, 2007. The Appellate Division affirmed the Board's decision, finding substantial evidence to support both the wage expectancy rate determination and the effective date of the adjustment.

Wage expectancyPermanent partial disabilityAverage weekly wageProfessional dancing careerDance instructor earningsSpeculative employmentAppellate reviewTemporary employmentFuture earnings potentialDate of permanency
References
7
Case No. MISSING
Regular Panel Decision

Claim of Jex v. Albion Correctional Facility

A vocational cosmetology instructor, the claimant, sustained a workplace injury in 1994, exacerbating preexisting respiratory issues, and received workers' compensation benefits until October 1995. In 1999, before taking disability retirement, she filed a new claim for an occupational disease caused by workplace air quality dating back to 1989. The Workers’ Compensation Board deemed her occupational disease claim time-barred under Workers’ Compensation Law § 28, a decision upheld after her application for reconsideration was denied. The court affirmed the Board's finding, stating that occupational disease claims must be filed within two years of disablement and awareness of its work-related cause. Evidence from October and December 1995 indicated the claimant's knowledge of the link between her respiratory problems and employment, thus rendering her 1999 claim untimely.

Occupational diseaseUntimely claimTime-barredRespiratory problemsVocational cosmetology instructorWorkers’ Compensation BoardAppealEvidence of knowledgeDisablement dateWorkplace injury
References
2
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