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

Case No. ADJ8205468 ADJ8393473
Regular
Sep 16, 2013

SHARO LEYVA vs. KIMCO STAFFING

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration by a lien claimant against Kimco Staffing. The dismissal was primarily based on the petition being untimely filed, exceeding the statutory 20-day limit plus 5 days for mailing. Additional grounds for dismissal included the petition's lack of verification, improper service, and failure to state valid grounds for reconsideration. Had these defects not existed, the petition would have been denied on the merits based on the administrative law judge's report.

Petition for ReconsiderationUntimelyDismissedLabor Code Section 5903Code of Civil Procedure Section 1013VerifiedProperly ServedGrounds for ReconsiderationMeritsWorkers' Compensation Appeals Board
References
0
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
0
Case No. 2022 NY Slip Op 02849 [204 AD3d 1348]
Regular Panel Decision
Apr 28, 2022

Matter of Cruz (Strikeforce Staffing LLC--Commissioner of Labor)

The case concerns an appeal from a decision by the Unemployment Insurance Appeal Board, which found Strikeforce Staffing LLC liable for unemployment insurance contributions, classifying Nelson Ruiz Cruz and other workers as employees. Strikeforce, a staffing agency, connected Cruz with a bakery client, who managed his employment and daily tasks. Strikeforce's involvement largely consisted of initial screening and payroll processing based on client approvals. The Appellate Division, Third Department, reversed the Board's determination. The court ruled that there was not substantial evidence to support an employer-employee relationship, as Strikeforce did not exercise sufficient control over the means or results of the workers' services. The decision was remitted back to the Unemployment Insurance Appeal Board for further proceedings.

Unemployment InsuranceEmployer-Employee RelationshipStaffing AgencyIndependent ContractorControl TestSubstantial EvidenceUnemployment Insurance Appeal BoardAppellate DivisionWorkers' ClassificationRemuneration Liability
References
9
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
11
Case No. 2022 NY Slip Op 04294
Regular Panel Decision
Jul 06, 2022

Froehlich v. Kimco Realty Corp.

Dennis Froehlich (plaintiff) sued Kimco Realty Corporation et al. (defendants) for personal injuries, specifically a left elbow fracture, sustained from a fall. During discovery, defendants sought to compel the plaintiff to release workers' compensation, disability, and medical records for unrelated, preexisting injuries to his right shoulder and both knees. The Supreme Court denied the defendants' motion. On appeal, the Appellate Division, Second Department, affirmed the denial, holding that the plaintiff had not waived the physician-patient privilege for unrelated conditions as his claim for damages was limited to the left elbow injury and he had not advanced broad allegations of injury or claimed exacerbation of prior conditions.

Personal InjuryDiscoveryMedical RecordsPhysician-Patient PrivilegePreexisting InjuriesWaiver of PrivilegeScope of DiscoveryAppellate ReviewLeft Elbow InjurySuffolk County
References
9
Case No. 2023 NY Slip Op 00044 [212 AD3d 419]
Regular Panel Decision
Jan 05, 2023

Sakthivel v. Industrious Staffing Co., LLC

Plaintiff Suba Sakthivel appealed an order dismissing her complaint against Industrious Staffing Company, LLC. Sakthivel, proceeding pro se, alleged unlawful termination based on complaints about safety violations following a coworker assault, claiming protection under Labor Law §§ 215 and 740. The Supreme Court had granted the defendant's motion to dismiss. The Appellate Division affirmed, ruling that Sakthivel, as a staff accountant, was not covered by Labor Law § 200, which applies to construction workers. Her Labor Law § 740 claim failed because a coworker assault does not meet the criteria for a "substantial and specific danger to public health or safety." Additionally, her claim for intentional infliction of emotional distress was dismissed for not alleging conduct "utterly intolerable in a civilized community."

Employment LawRetaliation ClaimWrongful TerminationSafe WorkplaceIntentional Infliction of Emotional DistressAppellate ReviewCPLR 3211 DismissalLabor Law ViolationsCoworker AssaultStaff Accountant
References
6
Case No. MISSING
Regular Panel Decision

Copper v. Cavalry Staffing, LLC

Derek Copper and Leslie Minto filed a collective action against Cavalry Staffing, Tracy Hester, and Enterprise Holdings, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law for unpaid overtime, minimum-wage violations, and inaccurate wage statements. Enterprise's motion to dismiss based on not being an employer was denied, with the court finding sufficient pleading for joint employer status. The defendants' joint motion to dismiss was denied for overtime and wage statement claims, but granted for minimum-wage claims. The court also granted the plaintiffs' motion to conditionally certify a collective action, finding adequate factual showing from named plaintiffs and additional affidavits. The parties were directed to agree on notice procedures for opt-in plaintiffs.

Fair Labor Standards ActNew York Labor LawUnpaid OvertimeMinimum WageWage StatementsJoint EmployerCollective ActionConditional CertificationMotion to DismissWage Theft Prevention Act
References
24
Case No. ADJ10651475 ADJ10762532
Regular
Aug 30, 2018

ROSENDA RODRIGUEZ vs. FAIRWAY STAFFING, SOLVIS STAFFING, STATE COMPENSATION INSURANCE FUND, ZURICH INSURANCE COMPANY, FRESH GRILL FOODS, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address whether Solvis Staffing was a concurrent employer. The initial finding identified Fairway Staffing as the general employer and Fresh Grill Foods as the special employer for applicant's injuries. However, evidence suggests Solvis, as a Professional Employer Organization (PEO), may have also been an employer, creating a potential overlap in coverage. The Board found the record underdeveloped regarding Solvis' PEO role and payroll responsibility, thus remanding the case to the trial level for further investigation.

PEOProfessional Employer Organizationconcurrent employergeneral employerspecial employerJoint Findings and OrderPetition for ReconsiderationWCJReport and Recommendationrescinded
References
1
Case No. ADJ6843753
Regular
Jul 03, 2012

REGLO MOLINA vs. WORKFORCE STAFFING dba GENEVA STAFFING and TOWER GROUP COMPANIES (Formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA) Administered By INTERCARE HOLDINGS INSURANCE SERVICES

In *Molina v. Workforce Staffing*, the Workers' Compensation Appeals Board denied a Petition for Removal. The Board adopted and incorporated the administrative law judge's report as the basis for this denial. The specific reasons for the denial are detailed in that incorporated report. The order was served on July 3, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardWorkforce StaffingGeneva StaffingTower Group CompaniesSpecialty Underwriters AllianceSUAIntercare Holdings Insurance ServicesADJ6843753Marina del Rey
References
0
Case No. MISSING
Regular Panel Decision
Feb 10, 2011

On Time Staffing, LLC v. National Union Fire Insurance

On December 23, 2010, On Time Staffing, LLC and On Time Industrial Staffing, Inc. petitioned the court to vacate an interim arbitration award rendered against them in an arbitration with National Union Fire Insurance Company of Pittsburgh, PA. The arbitration concerned retrospectively rated workers' compensation insurance provided by National Union to On Time, governed by a Payment Agreement with a broad arbitration clause. The arbitration panel issued an order requiring On Time to post pre-hearing security of $312,188, which On Time challenged, alleging the arbitrators exceeded their powers under FAA § 10(a)(4) and committed misconduct under FAA § 10(a)(3) by not conducting a full evidentiary hearing. The District Court denied the petition, affirming the arbitration panel's inherent authority to order interim relief to preserve the arbitration's integrity and finding that On Time received a fundamentally fair hearing. The court concluded that the panel's decision was within its powers and did not constitute misconduct.

Arbitration LawFederal Arbitration ActInterim ReliefPre-hearing SecurityVacating Arbitration AwardArbitrator AuthorityArbitrator MisconductWorkers' Compensation InsuranceContract InterpretationDue Process
References
8
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