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

Case No. 2023 NY Slip Op 02297 [216 AD3d 617]
Regular Panel Decision
May 03, 2023

Curry v. Town of Oyster Bay

Edward Curry, Sr. commenced an action against the Town of Oyster Bay, O.B. Sanitation Dept., and Mike Del, among others, to recover damages for assault and battery. The claims arose from an incident on January 6, 2019, and subsequent conduct. The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (7). The Supreme Court initially denied the motion. On appeal, the Appellate Division modified the order by granting dismissal of claims against O.B. Sanitation Dept. and Mike Del related to the January 6, 2019 incident, and dismissing all claims arising after January 6, 2019, against all appellants due to an inadequate notice of claim. The Supreme Court's decision to deny dismissal against the Town of Oyster Bay for the January 6, 2019 incident was affirmed based on a theory of vicarious liability.

Assault and BatteryVicarious LiabilityNotice of ClaimMotion to DismissCPLR 3211 (a) (7)Municipal LiabilityAppellate ReviewProcedural LawTortsPersonal Injury
References
4
Case No. MISSING
Regular Panel Decision

Abraham & Straus, Inc. v. International Union of Operating Engineers, Local Union No. 30

Abraham & Straus (A&S) sought a preliminary injunction against defendant Local 30 to stop picketing and job actions concerning engineer and mechanic staffing at a new Roosevelt Field store. A&S argued these actions violated their collective bargaining agreement's no-strike and arbitration clauses. Local 30 contended the dispute was purely representational, not arbitrable, and that Boys Markets relief did not apply to picketing alone. The court found the dispute arbitrable due to the broad arbitration clause and the union's previous intent to arbitrate. It also determined that Boys Markets injunctions could cover picketing, especially when it caused work stoppages, ultimately granting A&S's request and ordering arbitration.

Labor DisputePreliminary InjunctionCollective Bargaining AgreementArbitration ClauseNo-Strike ClausePicketingWork StoppageBoys Markets ExceptionLabor Management Relations ActFederal Court Jurisdiction
References
14
Case No. MISSING
Regular Panel Decision
Apr 22, 2013

O'Connor-Goun v. Weill Cornell Medical College of Cornell University

Plaintiff Agnes O’Connor-Goun brought an action against Weill Cornell Medical College and Dr. Ronald G. Crystal under the False Claims Act, alleging retaliatory termination after she reported fraudulent misuse of federal research funds. The parties initially agreed to a settlement on January 17, 2013. Defendants moved to enforce this agreement when plaintiff attempted to revoke a subsequent draft settlement agreement from January 30, 2013, arguing it superseded the original. The Court ruled that the January 30 draft was not binding due to expressed intentions not to be bound, partial non-performance, incomplete terms, and the nature of such contracts requiring a fully executed writing, all in accordance with the Winston factors. The Court also rejected plaintiff's argument that the Older Worker Benefit Protection Act (OWBPA) implied a right to revoke the entire January 17 settlement, clarifying that OWBPA only impacts ADEA claims, which were not central to this case and were time-barred. Consequently, the Court granted the defendants' motion to enforce the initial January 17, 2013 settlement agreement.

False Claims ActWhistleblower RetaliationSettlement EnforcementContract DisputeOWBPAADEA WaiverFour Factors TestNew York LawEmployment TerminationFraudulent Misuse of Funds
References
12
Case No. ADJ11124817
Regular
Mar 25, 2019

GASPAR VILLEGAS vs. INTERIOR RESOURCES, SECURITY NATIONAL INSURANCE, AMTRUST NORTH AMERICA, INC.

This case involves defendant's petitions challenging an order awarding interpreter costs. The Appeals Board dismissed the petition for removal and treated the January 22, 2019 petition as a timely petition for reconsideration, which was granted. The Board also dismissed the February 4, 2019 petition as untimely or moot. The January 7, 2019 order was affirmed, but amended to award $228.00 in Labor Code section 5811 costs.

Petition for RemovalPetition for ReconsiderationWCJ reportsLabor Code 5811 Costsinterpreting costsfinal ordersubstantive rightthreshold issueuntimely petitionmoot petition
References
8
Case No. ADJ10227826
Regular
Mar 02, 2020

CARMEN PINEDA vs. MISSION FOODS (GRUMA CORPORATION), ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration of the applicant's petition because of discrepancies regarding its timely filing. While the applicant's attorney signed the petition on December 30, 2019, and the EAMS filing date shows December 31, 2019, the applicant must provide definitive proof of filing on December 30, 2019. Failure to provide this proof, including an EAMS Batch ID, will result in the petition being dismissed as untimely. The Board is issuing an Order to Show Cause why the petition should not be dismissed.

WCABPetition for ReconsiderationEAMSFiling DateTimelinessElectronic FilingBatch IDProof of ServiceReconsideration GrantedNotice of Intention to Dismiss
References
2
Case No. 2019 NY Slip Op 06028
Regular Panel Decision
Aug 01, 2019

Matter of Francis v. Buckbee Mears Cortland

Claimant Michelle I. Francis sustained a work-related back injury in 1995, receiving benefits until 2003 when liability shifted to the Special Fund for Reopened Cases. After a request for medical treatment in 2010 was resolved without prejudice, claimant successfully sought authorization for lumbar surgery in 2015. However, a subsequent request for lost wage compensation in 2016 was opposed by the Special Fund, which argued that Workers' Compensation Law § 123 barred further awards. The Workers' Compensation Board agreed, finding the case truly closed as of January 12, 2011, and that more than 18 years had passed since the injury and eight years since the last payment. Claimant appealed this Board decision, but the Appellate Division, Third Department, dismissed the appeal as untimely, noting that the notice of appeal was filed beyond the 30-day statutory period.

Untimely AppealStatute of LimitationsReopened CasesSpecial FundIndemnity BenefitsLumbar SurgeryWorkers' Compensation LawAppellate DivisionClaim ClosureBoard Decision
References
2
Case No. 2019 NY Slip Op 01011 [169 AD3d 1477]
Regular Panel Decision
Feb 08, 2019

Matter of Riccelli Enters., Inc. v. State of N.Y. Workers' Compensation Bd.

This case involves an appeal stemming from an order of the Supreme Court, Onondaga County, which had granted partial summary judgment to Riccelli Enterprises, Inc., et al., and 3679 River Road, Inc., et al. These parties were respondents and intervenors-respondents, respectively, while the State of New York Workers' Compensation Board and others were the appellants. The Appellate Division, Fourth Department, reviewed the appeal. However, prior to a full merits decision, the appeal was dismissed. The dismissal was a result of a stipulation of discontinuance signed by the attorneys for all parties involved on January 15, 2019.

Workers' Compensation BoardAppellate DivisionSummary JudgmentAppeal DismissalStipulation of DiscontinuanceOnondaga CountyJudiciary LawFourth DepartmentProceduralCase Dismissal
References
2
Case No. MISSING
Regular Panel Decision

People v. Riggins

This case addresses motions to suppress evidence and a request for a remedy concerning improperly obtained records. The defendant was indicted for second-degree murder in connection with the death of her daughter by hypothermia. The court denied the motion to suppress tangible property, finding initial police entry justified by emergency doctrine and subsequent searches consented to by the defendant and her husband. Statements made by the defendant to police at the hospital and before 11:30 a.m. on January 23, 1998, were deemed admissible, as Miranda rights were waived. However, any statements made after 11:30 a.m. on January 23, 1998, when judicial assignment of counsel occurred, were suppressed. The court also granted the motion to preclude the District Attorney from using improperly subpoenaed records from the Catholic Family Center on their direct case.

Murder Second DegreePenal Law § 125.25 (4)Suppression MotionSearch and SeizureConsent to SearchCustodial InterrogationMiranda RightsRight to CounselSubpoena Duces TecumConfidential Records
References
34
Case No. ADJ8916701
Regular
Mar 25, 2019

JUAN MARTINEZ vs. CASA DEL REY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration as untimely. California law allows 25 days to file such a petition after a final decision is served by mail. Crucially, the petition must be *received* by the WCAB within this deadline, not just mailed. The WCJ's Order Approving Compromise and Release was dated October 31, 2016, making the petition filed on January 30, 2019, significantly late. As the time limit is jurisdictional, the WCAB lacked the authority to consider the untimely petition.

Petition for ReconsiderationUntimely filingJurisdictional time limitWorkers' Compensation Appeals BoardWCJ reportOrder Approving Compromise and ReleaseService by mailExtended filing deadlineProof of mailingDismissal
References
4
Case No. ADJ12491238
Regular
Mar 02, 2020

KRISLYN TANAKA vs. OS PACIFIC LLC dba ROY'S, MARKEL INSURANCE COMPANY

This case involves a pastry chef injured at Roy's who also worked at Transit Café. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct the calculation of the applicant's average weekly wage, finding it to be \$915.81. The WCAB determined the applicant was entitled to temporary partial disability from January 10, 2019, to August 2, 2019, at \$431.31 per week. Furthermore, the Board found the applicant temporarily totally disabled from August 3, 2019, to the present and continuing, at \$610.54 per week, based on significant work restrictions and physician opinions.

Temporary partial disabilityTemporary total disabilityAverage weekly wageWage lossModified workVoluntary resignationWork restrictionsPrimary treating physicianReconsiderationFindings and Award
References
0
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