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

Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. MISSING
Regular Panel Decision

District Council No. 9 v. APC Painting, Inc.

Plaintiff District Council No. 9 (the Union) initiated this action under the Labor Management Relations Act to enforce several arbitration awards against APC Painting, Inc., its related APC and Apollo entities, and individual Gregory Fucci. The Union sought to confirm awards from the Joint Trade Committee (JTC) regarding violations of a collective bargaining agreement, including underpayment of wages and employment of non-union workers. Defendants moved to dismiss claims against Fucci and the Apollo entities, arguing non-participation in arbitration and denial of alter ego liability. Magistrate Judge Gorenstein denied the defendants' motion, allowing the alter ego theory to be pursued, and granted the Union's motion for partial summary judgment. The court confirmed the arbitration awards against the APC entities, affirming the limited judicial review of such awards and rejecting defendants' objections.

Labor LawArbitration AwardCollective Bargaining AgreementLMRA Section 301Alter Ego DoctrineCorporate Veil PiercingSummary JudgmentMotion to DismissWage ViolationsFringe Benefits
References
85
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. 2016-334 S C
Regular Panel Decision
Apr 27, 2017

2 & 9 Acupuncture, P.C. v. 21st Century Advantage Ins. Co.

This case concerns an appeal by 2 & 9 Acupuncture, P.C. from an amended order that granted summary judgment to 21st Century Advantage Insurance Company, dismissing a complaint to recover assigned first-party no-fault benefits. The defendant argued it had paid the plaintiff in accordance with the workers' compensation fee schedule. The Appellate Term, Second Department, reversed the lower court's decision, finding that the defendant failed to prima facie demonstrate proper denial of payment for services billed under CPT codes 97026 and 97016. Consequently, the defendant's motion for summary judgment regarding these specific CPT codes was denied.

No-Fault BenefitsSummary JudgmentCPT CodesWorkers' CompensationAppellate ReviewInsurance LawMedical BillingAcupunctureSuffolk CountyPayment Dispute
References
3
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. ADJ9825294 ADJ8708979
Regular
Feb 21, 2017

JOSUE CASTILLO vs. FG PROPERTY MANAGEMENT, INC., TRUCK INSURANCE EXCHANGE/FARMERS

The Workers' Compensation Appeals Board denied reconsideration of a decision barring a lien claim by Tri-County Medical Group. The WCAB found that the lien for services rendered between January 9, 2013, and July/August 2014 was untimely filed more than 18 months after the last date of service, per Labor Code section 4903.5(a). Despite the lien claimant's argument that services began before July 1, 2013, triggering a three-year statute of limitations, the WCAB applied the 18-month limit based on the last date of service being after July 1, 2013. The WCAB upheld prior precedent finding this interpretation reasonable and rejected the unconstitutional vagueness argument.

Labor Code § 4903.5(a)Lien ClaimStatute of LimitationsPetition for ReconsiderationWorkers' Compensation Appeals BoardContinuous TreatmentDate of Service18-Month Period3-Year PeriodUnconstitutionally Vague
References
8
Case No. MISSING
Regular Panel Decision

Dimitropoulos v. Painters Union District Council 9

The plaintiff, Peter Dimitropoulos, sued District Council 9 of the International Brotherhood of Painters and Allied Trades ("DC-9") for age discrimination under the ADEA. He alleged the union improperly handled his grievance, failed to refer him to jobs, and wrongfully expelled him. The court found no evidence that the union's handling of his grievance or his expulsion after a fight were motivated by age. Crucially, regarding job referrals, the plaintiff admitted he failed to sign the required "out-of-work book," providing a legitimate, non-discriminatory reason for not receiving referrals. As the plaintiff failed to present a genuine issue of material fact showing intentional age discrimination, the court granted the defendant's motion for summary judgment, thereby dismissing the ADEA claim.

Age DiscriminationEmployment LawLabor Union LiabilitySummary Judgment MotionFederal Court CaseADEA ClaimJob Referral DiscriminationUnion Grievance ProcessMember ExpulsionDisparate Treatment
References
13
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 529937
Regular Panel Decision
Jul 23, 2020

Matter of Wolkiewicz v. Lincare Holdings Inc.

Claimant Julie Wolkiewicz was injured in June 2006 and filed for workers' compensation benefits. The employer and carrier (Lincare Holdings Inc.) sought reimbursement from the Special Disability Fund due to alleged preexisting physical impairments under Workers' Compensation Law § 15 (8) (d). Despite a pretrial conference statement purportedly reflecting an agreement for § 15 (8) (d) to apply, the Special Funds Group later moved to discharge the Fund, arguing that the carrier failed to submit medical evidence by the July 1, 2010 statutory cut-off. The Workers' Compensation Board agreed, disavowing any prior precedent suggesting otherwise, and concluded that the carrier had not established a viable claim for reimbursement. The Appellate Division, Third Department, affirmed the Board's decision, rejecting the carrier's arguments regarding the preclusive effect of the pretrial conference statement and promissory estoppel, emphasizing the carrier's failure to submit timely medical evidence.

Workers' Compensation LawSpecial Disability FundReimbursement ClaimPretrial ConferenceMedical Evidence DeadlineStatutory ComplianceAppellate ReviewBoard PrecedentArbitrary and CapriciousPromissory Estoppel
References
14
Case No. 2019 NY Slip Op 02373 [170 AD3d 1227]
Regular Panel Decision
Mar 27, 2019

Simon v. Granite Bldg. 2, LLC

This case involves an appeal concerning an action for personal injuries and wrongful death. The plaintiff, Charles Simon, individually and as administrator of Julie Simon's estate, sued Granite Building 2, LLC, Kulka Contracting, LLC, and FXR Construction, Inc., after Julie Simon died and Charles Simon was injured in a construction site accident. The incident occurred when their vehicle slid on ice in an unfinished parking garage, causing it to fall into an excavation pit. A jury found Granite and Kulka negligent. The Appellate Division affirmed the judgment, concluding that issues regarding the 'storm in progress' doctrine and the construction manager's liability were properly submitted to the jury. The court also upheld the reduced damages awards as not materially deviating from reasonable compensation.

Personal InjuryWrongful DeathConstruction Site AccidentNegligenceLabor LawPremises LiabilityJury VerdictDamagesAppellate ReviewCPLR 4404
References
20
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