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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

Zeng Xi Chen v. Spitz

The Supreme Court, New York County, issued an order on October 2, 2009, which granted the plaintiff's motion for nunc pro tunc approval of a third-party settlement under Workers' Compensation Law § 29 (5). This order was subsequently affirmed unanimously by the appellate court. The appellate review found that nonparty appellant Lu Gang was indeed the plaintiff's employer at the time of the accident and had failed to secure workers' compensation insurance. Consequently, the Uninsured Employers’ Fund (UEF) acted as the workers' compensation carrier and consented to the $25,500 settlement in the underlying action. The appellate court also determined that the plaintiff's delay in seeking court approval for the settlement was not due to his fault or neglect and did not cause prejudice to the UEF, affirming the original decision.

Workers' CompensationThird-Party SettlementNunc Pro Tunc ApprovalUninsured Employers' FundCourt Approval DelayEmployer LiabilityAppellate AffirmationPersonal Injury ActionInsurance CoverageStatutory Compliance
References
2
Case No. MISSING
Regular Panel Decision

Cosgrove v. County of Ulster

Petitioner, injured in a work-related accident, received workers' compensation and subsequently settled a third-party tort action against the respondent for $15,000. Petitioner's counsel believed the employer's insurance carrier had approved a one-third share of the settlement but the carrier failed to provide disbursement instructions for its portion. After the carrier terminated workers' compensation benefits, petitioner sought judicial approval of the settlement nunc pro tunc. The Supreme Court granted this approval, which the carrier then appealed. The Appellate Division affirmed the Supreme Court's order, concluding that the settlement amount was reasonable, the delay in seeking judicial approval was not due to petitioner's fault, and the carrier was not prejudiced by the delay.

Workers' CompensationPersonal Injury SettlementNunc Pro Tunc ApprovalJudicial DiscretionCarrier ConsentThird-Party ActionAppellate ReviewSettlement ReasonablenessDelay ExcuseLack of Prejudice
References
12
Case No. MISSING
Regular Panel Decision

Banks v. National Union Insurance

This case concerns an appeal from an order of the Supreme Court, Dutchess County. The original proceeding, overseen by Justice Dillon, was initiated pursuant to Workers’ Compensation Law § 29 (5) to retroactively approve a settlement of an action. The Supreme Court had granted the petition, allowing the petitioner's settlement with a third party nunc pro tunc. The appellate court affirmed this order, concluding that the Supreme Court appropriately exercised its discretion in its approval. Justices Altman, Goldstein, Luciano, and H. Miller concurred with the decision.

Workers' Compensation LawSettlement ApprovalNunc Pro TuncAppellate ReviewJudicial DiscretionDutchess CountySupreme Court (NY)Third-Party SettlementOrder AffirmedConcurring Opinion
References
4
Case No. 21-mc-102
Regular Panel Decision

In re World Trade Center Lower Manhattan Disaster Site Litigation

This Order and Opinion addresses the approval of settlements in 78 cases stemming from the September 11, 2001 terrorist attacks. The plaintiffs, represented by Worby Groner Edelman & Napoli Bern LLP, are individuals who developed respiratory and gastrointestinal illnesses from working in buildings surrounding the World Trade Center site. These settlements resolve claims against a multitude of defendants in the 21-mc-102 docket. District Judge Alvin K. Hellerstein meticulously reviewed the settlements, finding them procedurally and substantively fair and reasonable given the inherent complexities of mass tort litigation. The motion to approve the settlements is granted, leading to the dismissal of claims for 26 plaintiffs and partial dismissal against settling defendants for the remaining 52 plaintiffs.

September 11 litigationWorld Trade CenterMass tortSettlement approvalToxic dust exposureRespiratory illnessesGastrointestinal illnessesSouthern District of New YorkClass action factorsProcedural fairness
References
46
Case No. MISSING
Regular Panel Decision
Aug 25, 1997

Harosh v. Diaz

The plaintiff appealed an order from the Supreme Court, Queens County, dated August 25, 1997, which denied his motion to renew a prior motion for judicial approval of a compromise and settlement. The plaintiff was injured in 1993 when struck by the defendants' vehicle and settled his action against them for $10,000 in 1994. He subsequently filed a Workers' Compensation claim and, in February 1996, moved for approval of the settlement under Workers' Compensation Law § 29 (5), which was initially denied without prejudice. His renewed motion in May 1997 was denied as untimely, a decision the appellate court affirmed. The court emphasized that judicial approval beyond the statutory three-month period requires demonstrating the settlement's reasonableness, lack of petitioner's fault for the delay, and no prejudice to the carrier, which the plaintiff failed to do.

Appellate DecisionWorkers' Compensation LawSettlement ApprovalTimelinessPersonal InjuryAutomobile AccidentInsurance CarrierJudicial ReviewRenew MotionQueens County
References
3
Case No. MISSING
Regular Panel Decision

Snyder v. CNA Insurance

In January 1996, the petitioner sustained injuries in a motor vehicle accident while working and received workers’ compensation benefits from CNA Insurance Companies. She later settled a third-party negligence action for $32,500 without obtaining the required consent from CNA. The petitioner sought judicial approval, nunc pro tunc, for this settlement. The Supreme Court initially granted approval, but the appellate court reversed and remitted due to insufficient documentation. Following the submission of additional evidence, the Supreme Court again granted approval, prompting the current appeal. The appellate court reviewed the relevant factors, noting evidence suggesting difficulty in proving serious injury and that respondent CNA suffered no prejudice from the delay. Despite the normal three-month limit for such applications, the Supreme Court's exercise of broad discretion in approving the settlement was not deemed an abuse. Therefore, the order of the Supreme Court was affirmed.

Workers' CompensationPersonal InjuryMotor Vehicle AccidentThird-Party SettlementJudicial ApprovalNunc Pro TuncConsent RequirementDiscretionary AuthorityAppellate ReviewInsurance Carrier
References
4
Case No. MISSING
Regular Panel Decision

Bernthon v. Utica Mutual Insurance

Petitioner was involved in a work-related motor vehicle accident in September 1995 and received workers’ compensation benefits for a knee injury. He settled a third-party action for $34,500 in February 1998 without the consent of his employer's workers' compensation carrier, Utica Mutual Insurance Company. Utica Mutual learned of the settlement in May 1998 but never provided consent. One year after the settlement, petitioner sought judicial approval, nunc pro tunc, for the settlement, which the Supreme Court denied, citing a lack of reasonable excuse for the delay. The court also denied a subsequent motion for reconsideration. The appellate court affirmed the Supreme Court's decision, finding no abuse of discretion and reiterating that the responsibility for obtaining carrier consent or seeking a compromise order rests with the petitioner.

Workers' Compensation LawThird-Party SettlementNunc Pro Tunc ApprovalCarrier ConsentJudicial DiscretionDelay in ApplicationReasonable ExcusePrejudice to CarrierLoss of Future BenefitsMotion for Reconsideration
References
21
Case No. MISSING
Regular Panel Decision

Gregory v. Aetna Insurance

The Supreme Court erred in denying a petition for nunc pro tunc approval of a third-party settlement under Workers’ Compensation Law § 29 (5). The Appellate Court determined that the Supreme Court had jurisdiction to grant the petition and that the settlement was reasonable and not prejudicial to the workers’ compensation carrier. The petitioner’s injuries were found to be minimal, with no objective disability, and she returned to work within 18 days of the accident, making it unlikely she sustained a serious injury under Insurance Law § 5102 (d). Consequently, the order was reversed, and the petition was granted.

Workers' CompensationThird-Party SettlementNunc Pro TuncSettlement ApprovalAppellate ReviewJurisdictionSerious Injury ThresholdInsurance LawErie County
References
4
Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. MISSING
Regular Panel Decision
Jun 14, 2012

Williams v. Orange & Sullivan Excavating Corp.

This case concerns an appeal challenging the approval of a personal injury settlement nunc pro tunc under Workers' Compensation Law § 29 (5). The Supreme Court, Orange County, initially granted the petition for approval, and the appellate court affirmed this decision. The ruling reiterates that employees must obtain either carrier consent or judicial approval within three months of settlement to maintain workers' compensation benefits. However, a nunc pro tunc order can still be granted after three months if the settlement is reasonable, the delay is not due to the employee's fault, and the carrier is not prejudiced. The appellate court concluded that the Supreme Court appropriately exercised its discretion in granting the nunc pro tunc approval, aligning with established legal precedent regarding such petitions.

Workers' Compensation Law § 29 (5)Personal Injury SettlementNunc Pro TuncJudicial ApprovalWorkers' Compensation BenefitsAppellate AffirmationDelay ExcuseReasonable SettlementCarrier PrejudiceJudicial Discretion
References
9
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