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

Case No. ADJ3367486 (RIV 0016856) ADJ281670 (RIV 0008214) ADJ2292739 (RIV 0003259)
Regular
Feb 03, 2016

ROBERT O'NEAL vs. L.A. COUNTY FAIR ASSOCIATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Robert O'Neal v. L.A. County Fair Association and CIGA. This reconsideration is granted to allow for further study of the complex factual and legal issues presented. The WCAB needs a complete understanding of the record to issue a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners' office, not to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Proposed SettlementWCJ
References
0
Case No. MISSING
Regular Panel Decision

L & L Associates Holding Corp. v. Charity United Baptist Church

Petitioner L & L Associates Holding Corp. initiated a nonpayment eviction proceeding against Charity United Baptist Church for alleged rent arrears. The court, presided over by Judge Michael A. Ciaffa, examined the sufficiency of service of process. The petitioner attempted service by affixing the petition to the church door and mailing it to the church's address. The court ruled that this method was legally insufficient, stating that an unincorporated church, treated as an unincorporated association under New York law, must be sued by naming and serving a representative natural person, such as its president or treasurer, to establish jurisdiction. Consequently, the petition was denied, and the proceeding dismissed without prejudice due to improper service and a separate jurisdictional defect concerning the proof of rent demand.

EvictionNonpaymentUnincorporated AssociationService of ProcessReligious Corporations LawGeneral Associations LawRPAPL 735Jurisdictional DefectActual NoticeDue Process
References
6
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision
Aug 21, 1998

Westchester County Correction Officers Benevolent Ass'n v. County of Westchester

The County of Westchester appealed orders from the Supreme Court, Westchester County. The Supreme Court had granted the Westchester County Correction Officers Benevolent Association, Inc.'s petition to quash administrative subpoenas (Matter No. 1) and denied the County's motion to enjoin the Association from challenging the subpoenas (Matter No. 2). The appellate court affirmed both orders, finding that the County failed to adhere to Workers’ Compensation Law § 300.10 (c). This statute mandates that subpoenas to a claimant's treating physician can only be issued upon the physician's non-appearance at the first adjournment, not as a routine practice prior to attempts at voluntary appearance. The court emphasized that the County's prior practice violated the statute and impeded the remedial goals of the Workers' Compensation Law.

Administrative LawWorkers' CompensationSubpoena ComplianceAppellate CourtLabor RelationsStatutory InterpretationDue ProcessCollective BargainingJudicial ReviewPublic Sector Employment
References
3
Case No. MISSING
Regular Panel Decision
Sep 20, 2000

Heras v. P.S. 71 Associates, L. L. C.

In an action to recover damages for personal injuries, the plaintiff, a general laborer, was injured at a building construction site. The plaintiff sued P.S. 71 Associates, L. L. C., the owner and general contractor, and GM Construction & Waterproofing Corp., a subcontractor. P.S. 71 moved for summary judgment, claiming the plaintiff was its employee and thus barred from suing under Workers’ Compensation Law. GM Construction & Waterproofing Corp. also moved for summary judgment, arguing it was not hired until after the accident. The Supreme Court granted P.S. 71's motion and denied GM Construction & Waterproofing Corp.'s motion. On appeal, the order was reversed; P.S. 71's motion for summary judgment was denied, and the complaint against it reinstated, while GM Construction & Waterproofing Corp.'s motion for summary judgment was granted, and the complaint against it dismissed.

Personal InjuryConstruction AccidentSummary JudgmentAppellate ReviewEmployer LiabilitySubcontractor LiabilityWorkers Compensation DefenseRespondeat SuperiorTriable Issue of FactEvidentiary Proof
References
3
Case No. 2021 NY Slip Op 01533 [192 AD3d 1344]
Regular Panel Decision
Mar 18, 2021

Matter of Micah L. (Rachel L.)

This case concerns the appeal of Rachel L. and Robert L. from an order of the Family Court of Broome County, which granted the Broome County Department of Social Services' application to adjudicate their child, Micah L., as abandoned and terminated their parental rights. The Appellate Division, Third Department, reviewed the Family Court's findings, which established by clear and convincing evidence that both the mother and father failed to maintain contact with the child or the agency during the statutory six-month period. The court affirmed the termination of parental rights, concluding that the parents did not prove inability to maintain contact or that they were prevented from doing so, and that termination was in the child's best interests.

Parental Rights TerminationChild AbandonmentSocial Services Law § 384-bAppellate ReviewFamily CourtBest Interests of ChildDrug RehabilitationIncarcerationSupervised VisitationClear and Convincing Evidence
References
13
Case No. MISSING
Regular Panel Decision

Suffolk County Ass'n of Municipal Employees, Inc. v. County of Suffolk

The plaintiff, Suffolk County Association of Municipal Employees, Inc., appealed an order dismissing its complaint against Suffolk County. The Union sought to permanently enjoin the County from imposing mandatory furloughs and discharging employees under a collective bargaining agreement. The Supreme Court had dismissed the complaint for lack of subject matter jurisdiction and denied a preliminary injunction. The appellate court modified the order, finding that the Supreme Court has subject matter jurisdiction. However, it affirmed the denial of the preliminary injunction, stating that loss of employment does not constitute irreparable harm as affected workers are entitled to reinstatement and back pay if they prevail.

Public EmploymentCollective Bargaining AgreementMandatory FurloughsEmployee DischargeSubject Matter JurisdictionPreliminary InjunctionIrreparable HarmBudget DeficitPersonnel ReductionsAppellate Review
References
11
Case No. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
Case No. 2021 NY Slip Op 04734 [197 AD3d 684]
Regular Panel Decision
Aug 18, 2021

Westchester County Corr. Officers Benevolent Assn., Inc. v. County of Westchester

The Westchester County Correction Officers Benevolent Association, Inc., and individual correction officers sued the County of Westchester for breach of a collective bargaining agreement (CBA). They sought damages, claiming entitlement to disability retirement benefits equivalent to those under the Workers' Compensation Law for loss of earning capacity. The defendants moved to dismiss the complaint, asserting the CBA was silent on such awards. The Supreme Court granted the defendants' motion and denied the plaintiffs' cross-motion for leave to amend the complaint. The Appellate Division affirmed the Supreme Court's order, concluding that the CBA did not contain a provision for the claimed retirement benefits, thus the complaint failed to state a cause of action and the proposed amendment lacked merit.

Breach of ContractCollective Bargaining AgreementDisability BenefitsGeneral Municipal LawCPLR ProcedureMotion to DismissLeave to AmendAppellate ReviewRetirement BenefitsWorkers' Compensation Law Benefits
References
9
Case No. 79 Civ. 5379
Regular Panel Decision
Jul 15, 1980

Ninth Fed. Sav. & L. v. First Fed. Sav. & L.

This action arises from an agreement between Ninth Federal Savings and Loan Association of New York City and First Federal Savings and Loan Association of Gadsden County for the purchase of treasury securities. Ninth Federal alleged that First Federal's Controller, Henry Burnett, did not intend to honor the agreement if market conditions were unfavorable, stating a claim under the Securities and Exchange Act. The court addresses First Federal's challenge to personal jurisdiction over pendent state law breach of contract claims and Burnett's motion to transfer the case. The court affirms its jurisdiction over the state claims based on pendent jurisdiction and grants the motion to transfer the case to the United States District Court for the Northern District of Florida for convenience.

Securities FraudBreach of ContractPendent JurisdictionPersonal JurisdictionMotion to TransferForum Non ConveniensExtraterritorial ServiceSecurities Exchange ActRule 10b-5Long Arm Statute
References
16
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