CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2021 NY Slip Op 06401 [199 AD3d 1181]
Regular Panel Decision
Nov 18, 2021

Matter of Ciotoli (Commissioner of Labor)

Camille P. Ciotoli, operating Baked by Camille, appealed two decisions from the Unemployment Insurance Appeal Board. The Board had assessed Ciotoli for additional unemployment insurance contributions, finding that her daughter and other family and friends were undeclared employees during an audit period. Ciotoli's subsequent request for reopening and reconsideration was denied. The Appellate Division, Third Department, affirmed the Board's decisions, ruling that substantial evidence supported the finding of employment, based on Ciotoli's admissions, social media posts, and tax records. The court also upheld the assessment amount, noting the Commissioner of Labor's authority to determine contributions when an employer fails to file returns, pursuant to Labor Law § 571.

Unemployment InsuranceEmployer LiabilityEmployee MisclassificationPayroll AuditAdministrative AppealSubstantial EvidenceLabor Law ComplianceTax ContributionsCredibility
References
6
Case No. MISSING
Regular Panel Decision

Door Specialties, Inc. v. Commissioner of Labor

The petitioner challenged the Commissioner's decision regarding the applicability of Labor Law § 220, which mandates prevailing wages, to small public projects. The petitioner argued that the procedural provisions of the statute suggested an exclusion for such projects. However, the Commissioner properly rejected this argument, a decision affirmed by the court. The court found no unequivocal indication in the statute to exclude small, unbid projects from prevailing wage requirements. It emphasized the overriding purpose of Labor Law § 220 to protect laborers and mechanics, irrespective of project size, and noted that the failure of public agencies to provide wage rate schedules does not absolve contractors of their prevailing wage obligations.

Labor LawPrevailing WagePublic ProjectsSmall ProjectsStatutory InterpretationLegislative IntentWorker ProtectionContractor ObligationsJudicial ReviewAdministrative Decision
References
7
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. MISSING
Regular Panel Decision

Pyramid Co. v. New York State Department of Labor

The petitioner, Pyramid Co., challenged a determination by the Commissioner of Labor that its frontage road project in Syracuse, largely constructed on state land to provide access to its shopping mall, was subject to prevailing wage laws under Labor Law § 220. Despite being deemed a "public works project" due to its public benefit and eventual state acquisition, the court found that the Department of Transportation (DOT) was not a party to the construction contract, and the highway work permits issued by DOT did not constitute "contracts for construction." This failed to satisfy a key condition of Labor Law § 220. Consequently, the Commissioner's determination was annulled, and the petitioner's CPLR article 78 petition was granted.

Prevailing Wage LawPublic Works ProjectContract RequirementHighway Work PermitsDepartment of Labor DeterminationAnnulmentCPLR Article 78 ProceedingConstruction ProjectState LandCarousel Center
References
9
Case No. MISSING
Regular Panel Decision

Baywood Electric Corp. v. New York State Department of Labor

Baywood Electric Corporation, an electrical contractor, initiated a CPLR article 78 proceeding to challenge a final order from the Commissioner of the New York State Department of Labor. The Commissioner had determined that Baywood willfully violated Labor Law § 220 by failing to pay prevailing wages and supplements on a public works contract with the Town of Babylon, imposing back wages, interest, a civil penalty, and debarment. Baywood contended its due process rights were violated by the denial of an adjournment for the administrative hearing and that the willfulness finding lacked substantial evidence. The reviewing court rejected these arguments, affirming the Commissioner's determination and dismissing Baywood's proceeding, finding ample opportunity for counsel and substantial evidence of willful violation based on Baywood's experience and prior similar conduct.

public worksprevailing wage lawLabor Law § 220CPLR article 78due processadministrative lawwillful violationelectrical contractorcivil penaltydebarment
References
8
Case No. 536000
Regular Panel Decision
Mar 07, 2024

Matter of Elhannon Wholesale Nursery, Inc. (Commissioner of Labor)

Elhannon Wholesale Nursery, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found the company liable for additional unemployment insurance contributions for its H-2A agricultural workers from 2014 to 2016. The contributions included remuneration for housing and utilities provided to these workers. Elhannon argued for the retroactive application of a 2019 amendment to Labor Law § 564, which excluded H-2A workers from the definition of "employment," but the court found no clear legislative intent for retroactivity. The company also challenged the Board's authority to assess contributions for workers ineligible for benefits and disputed the valuation of housing and utility remuneration. The Appellate Division, Third Department, affirmed the Board's decision, asserting that an employer's obligation to pay contributions is independent of employee eligibility for benefits and upholding the Commissioner's method for calculating remuneration.

Unemployment InsuranceH-2A WorkersAgricultural LaborRetroactive ApplicationStatutory InterpretationLabor LawPayroll TaxEmployer ContributionsRemuneration ValuationHousing Benefits
References
15
Case No. MISSING
Regular Panel Decision
Nov 17, 2022

Matter of Johnson (Commissioner of Labor)

Pamela Johnson appealed a decision by the Unemployment Insurance Appeal Board, which charged her with a recoverable overpayment of unemployment insurance benefits, Pandemic Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC), Federal Pandemic Unemployment Compensation (FPUC), and Lost Wage Assistance (LWA). Johnson, a banquet bartender, began receiving a union pension, fully funded by her base period employer, effective May 1, 2020, while concurrently collecting unemployment benefits. The Department of Labor subsequently reduced her weekly unemployment insurance benefit rate to zero, effective July 6, 2020, pursuant to Labor Law § 600 (1), as her prorated weekly pension amount exceeded her weekly unemployment benefits. The Appellate Division, Third Department, affirmed the Board's decision, reiterating that the conditional payment of unemployment insurance benefits prior to verification is subject to review and recovery of an overpayment, even when the claimant is not at fault and has made appropriate disclosures. Therefore, Johnson was properly charged with recoverable overpayments for all categories of benefits received.

Unemployment BenefitsPension OffsetOverpayment RecoveryFederal Pandemic BenefitsCARES Act PaymentsLabor Law ApplicationAppellate ReviewStatutory InterpretationAdministrative AppealUnemployment Insurance Appeal Board Decision
References
14
Case No. 2018 NY Slip Op 07391
Regular Panel Decision
Nov 01, 2018

Matter of Community Hous. Improvement Program v. Commissioner of Labor

The Appellate Division, Third Department, dismissed an appeal filed by the Community Housing Improvement Program against the Commissioner of Labor. The appeal sought to challenge a decision by the Industrial Board of Appeals regarding a minimum wage order for the building service industry. The court determined it lacked subject matter jurisdiction because the petitioner failed to properly file a notice of appeal with the court of original instance, which was the Industrial Board of Appeals, not the Appellate Division. Additionally, the petitioner failed to timely and correctly serve the notice of appeal on the respondent's counsel at the designated address. Consequently, due to the complete failure to comply with CPLR 5515, the appeal was dismissed.

JurisdictionAppeal ProcedureService of ProcessAppellate DivisionIndustrial Board of AppealsMinimum WageLabor LawCPLRNew York CourtsStatutory Interpretation
References
12
Case No. 2021 NY Slip Op 02200 [193 AD3d 1199]
Regular Panel Decision
Apr 08, 2021

Matter of Mayo (Epstein--Commissioner of Labor)

Geraldine M. Mayo filed a claim for unemployment insurance benefits after her employment as a property manager for Stephen P. Epstein, a court-appointed receiver, concluded. The Department of Labor initially determined that Mayo was an employee of Epstein in his capacity as receiver, a finding upheld by an Administrative Law Judge and the Unemployment Insurance Appeal Board. The Appellate Division, Third Department, affirmed the Board's decision. The court found substantial evidence to support the finding of an employer-employee relationship, noting Epstein's control over Mayo's tasks, the need for his approval for significant management decisions, and his handling of property expenses. The court also rejected Epstein's argument that deeming a receiver an employer impinged upon judicial authority or public policy, citing Labor Law § 512 (1).

Unemployment Insurance BenefitsEmployer-Employee RelationshipReceiver LiabilityProperty ManagementAdministrative LawAppellate ReviewSubstantial EvidenceJudicial AuthorityLabor LawUnemployment Insurance Appeal Board
References
8
Case No. 2022 NY Slip Op 05122 [208 AD3d 1408]
Regular Panel Decision
Sep 01, 2022

Matter of Lefkow (Commissioner of Labor)

Claimant Lindsey Lefkow, a production coordinator, traveled to Costa Rica and remained there due to project delays and a COVID-19 travel ban. She filed for unemployment benefits from Costa Rica, despite being informed she could not claim benefits while out of the country, and subsequently received state and federal pandemic unemployment benefits. The Department of Labor found her ineligible due to not being available for employment in her labor market and unable to certify benefits from Costa Rica. The Unemployment Insurance Appeal Board affirmed this, also finding willful misrepresentations warranting recoverable overpayments and penalties. The Appellate Division, Third Department affirmed the Board's decision, finding substantial evidence supported the determination that claimant was ineligible and made willful misrepresentations.

Unemployment Insurance BenefitsEligibility for BenefitsOut of Country CertificationWillful MisrepresentationRecoverable OverpaymentsPandemic Unemployment AssistanceCOVID-19 ImpactTravel BanCertification RequirementsAvailability for Employment
References
6
Showing 1-10 of 8,750 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational