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

Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. ADJ14297412; ADJ14297399
Regular
Sep 29, 2025

DAVID OLIVAS vs. ECKLES AUTO BODY, INC.; PREFERRED PROFESSIONAL INSURANCE COMPANY

The case involves David Olivas, an auto body worker, who sustained specific and cumulative trauma injuries and settled his claims via a Joint Compromise and Release. The defendant, Eckles Auto Body, Inc. and Preferred Professional Insurance Company, denied payment for interpreting services provided by Marjorie Martinez, citing untimely submission under Labor Code section 4603.2(b). The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration. The Board affirmed that Labor Code section 4603.2(b) does not apply to interpreting services for Compromise and Release settlement documents, as it is limited to medical treatment-related services, concluding such services fall under a different regulatory framework for costs which lacks the 12-month billing requirement.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management System (EAMS)transmission date60-day deadlinenotice of transmissionReport and RecommendationState Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (Dorsett)Labor Code section 4663
References
4
Case No. ADJ4655433 (STK 0183897) ADJ4135432 (STK 0183898)
Regular
Sep 08, 2010

CARMELA GARCIA vs. E & J GALLO WINERY, P.S.I.

This case concerns a request for supplemental attorney's fees following an unsuccessful petition for writ of review by defendant E & J Gallo Winery. The Court of Appeal previously granted the applicant's request for fees under Labor Code § 5801 and remanded the matter. The applicant's attorney requested $3,150.00 for services related to answering the petition, which the defendant did not dispute in amount, only in principle. The Workers' Compensation Appeals Board found the requested amount reasonable and issued a supplemental award of $3,150.00 in attorney's fees.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feessupplemental awardpetition for writ of reviewremittiturreasonable basisapplicantdefendantE & J Gallo Winery
References
1
Case No. MISSING
Regular Panel Decision
May 03, 2000

RLI Insurance v. New York State Department of Labor

This appeal concerns a dispute between a surety and the Department of Labor over funds held by a school district. The surety, after posting performance and payment bonds for a public improvement project, expended over $176,000 to complete the project and pay laborers following the contractor's default. The Department of Labor sought to withhold funds from the school district for the contractor's underpaid wages on both the subject project and an unrelated one, invoking Labor Law § 220-b (2) (a) (1). The Supreme Court dismissed the surety's application, ruling that the Department of Labor's claim for underpaid wages, even from unrelated projects, was superior. The Appellate Division affirmed this judgment, establishing that Labor Law § 220-b (2) creates a statutory trust for underpaid wages that takes precedence over a surety's subrogation claims.

Surety bondsPerformance bondPayment bondPublic improvement projectSubrogation rightsUnderpaid wagesPrevailing wageStatutory trustLien LawLabor Law
References
3
Case No. MISSING
Regular Panel Decision
Jul 11, 2000

Penta v. Related Companies

Vincenzo Penta, a carpenter, was injured when struck by a crane hook on the 17th floor of a building under construction. Plaintiffs alleged common-law negligence and violations of Labor Law § 241 (6) based on Industrial Code regulations 12 NYCRR 23-8.1 (i) and 23-8.2 (c) (3). The Supreme Court initially found a question of fact regarding 12 NYCRR 23-8.1 (i), but the Appellate Division determined this regulation was inapplicable as a crane hook is not a 'moving part' requiring guards. The court agreed that 12 NYCRR 23-8.2 (c) (3) was not applicable since the crane was not hoisting a load at the time of the accident. However, the Supreme Court properly denied dismissal of the common-law negligence claim under Labor Law § 200, as defendants failed to establish prima facie that they did not supervise or control the crane's operation. The order was modified to grant dismissal of the Labor Law § 241 (6) claim based on 12 NYCRR 23-8.1 (i) and affirmed as modified.

Personal InjuryConstruction AccidentCrane InjuryIndustrial Code ViolationsLabor Law Section 241(6)Common-Law NegligenceLabor Law Section 200Summary JudgmentAppellate ReviewStatutory Interpretation
References
10
Case No. 2021 NY Slip Op 00461
Regular Panel Decision
Jan 28, 2021

Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor

Executive Cleaning Services Corporation and Cef Saiz, the petitioners, challenged a determination by the Commissioner of Labor, alleging they failed to pay prevailing wages for cleaning services provided to the Ossining Public Library. The Department of Labor initiated an investigation following an employee complaint and concluded that the contract was subject to the prevailing wage provisions of Labor Law article 9. Petitioners argued the library was not a 'public agency' as defined by Labor Law § 230 (3), thus exempting their contract from prevailing wage requirements. The Appellate Division, Third Department, ultimately agreed with the petitioners, finding that despite its public function and ties to the school district, the Ossining Public Library does not fit the statutory definition of a public agency under Labor Law § 230 (3). Consequently, the Commissioner's determination was annulled, the petition granted, and the action for declaratory judgment severed and remitted to the Supreme Court.

Prevailing Wage LawLabor Law Article 9Public Agency DefinitionOssining Public LibraryEducation CorporationCPLR Article 78 ProceedingDeclaratory Judgment ActionBuilding Service ContractsSchool District Public LibraryAdministrative Law
References
18
Case No. ADJ9285089
Regular
Aug 24, 2016

ANA RAMIREZ FARIAS vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

The Appeals Board affirmed an arbitrator's decision that applicant Ana Ramirez Farias must transfer medical care to her employer's exclusive provider network, despite her continued treatment with Dr. Arthur Harris. The majority found that the collective bargaining agreement's provisions on medical treatment, negotiated under Labor Code section 3201.5, take precedence over general Medical Provider Network (MPN) statutes like section 4603.2(a)(2). The dissenting opinion argued that the collective bargaining agreement diminishes the applicant's statutory right to treatment and that section 4603.2(a)(2) should apply due to the agreement's silence on transfer of care disputes.

Labor Code section 3201.7Labor Code section 3201.5(b)Alternative Dispute Resolution (ADR)self-procure treatmentmedical controlexclusive provider networkcarve-out agreementMedical Provider Network (MPN)collective bargaining agreementagreed list of providers
References
1
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers

The petitioner sought a preliminary injunction against Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, for alleged recognitional or organizational picketing. This picketing was asserted to be in violation of section 10(1) and section 158(b)(7)(A) of the National Labor Relations Act. The employer, Genmar Electrical Contracting, had recently recognized United Construction Trades & Industrial Employees International Union (UCTIU) as the lawful representative of its employees. The Court found reasonable cause to believe that Local Union No. 3's picketing aimed to force Genmar to recognize their union or compel employees to switch their affiliation, constituting an unfair labor practice. Concluding that injunctive relief was just and proper, the Court granted the preliminary injunction, enjoining Local Union No. 3 from such picketing.

Preliminary InjunctionLabor LawUnfair Labor PracticePicketingNational Labor Relations ActOrganizational PicketingRecognitional PicketingCollective BargainingUnion RepresentationSection 10(l)
References
10
Case No. ADJ8887982
Regular
Aug 29, 2014

ALVARO VIRGEN vs. COSTA VIEW FARM 2, ZENITH INSURANCE COMPANY

This case involves sanctions imposed on attorney Kyle K. Neilsen under Labor Code § 5813. Neilsen's apology for contemptuous remarks about a Workers' Compensation Judge was deemed insufficient as he continued to justify his behavior. The Board found his attempt to excuse his actions indicated a lack of appreciation for the severity of his offense. Consequently, Neilsen was ordered to pay $950.00 in sanctions to the General Fund.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813WCJ EllisContemptuous statementsJustificationFrustrationPleadingTravelOrange County
References
0
Case No. MISSING
Regular Panel Decision
Mar 17, 1971

Hodgson v. Liquor Salesmen's Union, Local No. 2

The Secretary of Labor brought an action to set aside the January 9, 1970 election of officers for Liquor Salesmen’s Union, Local No. 2, and to order a new supervised election. The Secretary alleged violations of 29 U.S.C. § 481(g), specifically that the Union used its financed publication, "The Journal," to promote incumbent candidates and that an employer used company funds to influence the election. The court found that the Union's use of "The Journal" did violate § 481(g) and that this likely affected the election outcome, given the narrow margins of victory for incumbents. However, the court found no direct employer contribution to promote candidates. The court also rejected the defendant's First Amendment and vagueness challenges to § 481(g). Consequently, the court voided the election and ordered a new election under the Secretary's supervision.

Union Election LawLMRDA Section 481(g)Union Funds MisuseCampaign LiteratureEmployer Election InterferenceExhaustion of Union RemediesFirst Amendment RightsLabor Organization GovernanceElection IrregularitiesFederal District Court
References
16
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