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

Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision

People v. Young

An attorney representing an indigent defendant in Monroe County filed an application seeking reimbursement for legal services at a rate of $200 per hour, mirroring the rate charged by the Special Prosecutor, rather than the statutory rates under County Law § 722-b. The attorney argued that the significant disparity in hourly compensation violated the defendant's right to equal protection and that his qualifications justified the requested rate. The New York State Association of Criminal Defense Lawyers supported the application as amicus curiae, while Monroe County opposed it, arguing the request was untimely and lacked extraordinary circumstances. Presiding Judge Donald J. Mark, J., acknowledged the court's authority to grant compensation in excess of statutory limits under extraordinary circumstances but ultimately denied the application. The denial was based on the court's reasoning that an analogous argument was previously rejected, that linking assigned counsel rates to prosecutor rates would render County Law § 722-b ineffective, and that extraordinary circumstances could not be demonstrated prior to the conclusion of the criminal action. The court, however, reserved the right to reconsider an increased hourly fee upon the case's termination if such circumstances are then proven.

Assigned CounselLegal Aid CompensationCounty Law Section 722-bHourly Rate DisputeSpecial Prosecutor FeesIndigent RightsJudicial DiscretionExtraordinary CircumstancesMonroe County LawEqual Protection Challenge
References
16
Case No. MISSING
Regular Panel Decision

Washington Legal Foundation v. Texas Equal Access to Justice Foundation

The Washington Legal Foundation, along with a Texas attorney and a legal services consumer, challenged the mandatory Texas Interest on Lawyers’ Trust Accounts (IOLTA) Program, alleging violations of their First and Fifth Amendment rights. They claimed the program constituted a taking of property without just compensation and compelled financial support for objectionable organizations. The Defendants, including the Texas Equal Access to Justice Foundation and Supreme Court Justices, sought summary judgment, arguing the IOLTA program did not infringe on constitutional rights and served a legitimate state interest in providing legal services to the indigent. The Court granted summary judgment in favor of the Defendants, concluding that no cognizable property interest in the IOLTA-generated interest existed and no First Amendment violations occurred. Consequently, all plaintiffs' claims were dismissed with prejudice.

Fifth AmendmentFirst AmendmentIOLTA ProgramTaking ClauseFreedom of SpeechFreedom of AssociationSummary JudgmentTexasState BarLegal Services
References
51
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. MISSING
Regular Panel Decision

Lyublinsky v. Barnhart

A 73-year-old disabled plaintiff, who has received Social Security Disability (SSD) benefits since 1993, brought this action to review the Commissioner's final determination concerning his benefit rate calculation. The plaintiff argued that his benefit rate was improperly calculated, citing discrepancies in earnings records and claims of discrimination. The case has a lengthy procedural history, including multiple remands from the District Court due to issues like denial of a fair hearing and lack of legal representation. The Court conducted a de novo review of the Social Security Administration's (SSA) benefit calculations, utilizing the Average Indexed Monthly Earnings (AIME) method, and found no mathematical errors. Ultimately, the plaintiff failed to present compelling evidence to disprove the SSA's records, which are considered conclusive after a statutory period. Consequently, the Commissioner's motion for judgment on the pleadings was granted, the complaint was dismissed, and the Administrative Law Judge's (ALJ) decision was affirmed.

Social Security DisabilityBenefit CalculationAIME MethodAdministrative Law JudgePro Se PlaintiffFederal Court ReviewEarnings RecordsBurden of ProofRemandJudgment on the Pleadings
References
3
Case No. 08-06-00170-CV
Regular Panel Decision
Jun 30, 2008

Fireman's Fund Insurance Co. v. Weldon W. Weeks

This case concerns an appeal by Fireman’s Fund Insurance Company against a district court's judgment favoring workers' compensation claimant, Weldon Weeks. The core dispute revolved around the legal sufficiency of evidence for Weeks' impairment rating and maximum medical improvement (MMI) date, following an on-the-job spinal injury and subsequent fusion surgery. The district court had adopted a 25 percent impairment rating and April 17, 2002 MMI date, based on Dr. Chapman's report, which considered the spinal fusion surgery in violation of AMA Guides for impairment ratings. The Court of Appeals, affirming that surgery is not a permissible factor under the AMA Guides' Injury Model, found Dr. Chapman's reliance on the spinal fusion legally insufficient. Consequently, the appellate court reversed the district court’s judgment and rendered judgment for Fireman’s Fund, effectively upholding the Division's original decision of a 10 percent impairment rating and January 28, 2002 MMI date.

Impairment RatingMaximum Medical Improvement (MMI)Spinal Fusion SurgeryAMA GuidesLegal SufficiencyAppellate ReviewTrial Court JudgmentDesignated DoctorTexas Labor CodeDiagnosis-Related Estimate (DRE)
References
13
Case No. MISSING
Regular Panel Decision

Weiss v. Legal Aid Society

Plaintiff, an attorney formerly employed by The Legal Aid Society, initiated this action seeking wage step increases. The case was initially removed to federal court under Section 301 of the National Labor Relations Act, based on an alleged breach of a collective bargaining agreement. However, through subsequent proceedings and clarifications by plaintiff's counsel, it became evident that the claim was predicated solely on an alleged independent oral promise made by the Society to individual attorneys, rather than a contract between an employer and a labor organization. The court concluded that Section 301 jurisdiction only applies to violations of agreements between an employer and a labor organization, and thus, it lacked subject matter jurisdiction over the individual oral contract claim. Consequently, the action was dismissed.

Labour LawSubject Matter JurisdictionCollective Bargaining AgreementOral ContractWage DisputesDistrict CourtEmployment LawNational Labor Relations ActFederal Rules of Civil ProcedureMotion to Dismiss
References
3
Case No. MISSING
Regular Panel Decision

Mental Hygiene Legal Service v. Maul

The Mental Hygiene Legal Service (MHLS), represented by its director Bruce Dix, petitioned the court to compel Thomas Maul, Commissioner of OMRDD, and Joseph Colarusso, Director of Sunmount DDSO, to provide access to investigative files regarding an incident involving resident Lynnette T. MHLS argued its statutory mandate under Mental Hygiene Law § 47.03 required access to safeguard residents from abuse. Respondents contended the records were protected from disclosure under Education Law § 6527 (3) and Mental Hygiene Law § 29.29, which prioritize confidentiality for quality assurance and incident investigations. The court, however, distinguished between CPLR Article 31 discovery and MHLS's specific statutory right of access. The court ruled that the statutes cited by the respondents did not prohibit disclosure to MHLS, granting MHLS access to the requested investigative reports and underlying documentation, with the stipulation that MHLS maintain their confidentiality.

Mental Hygiene LawAccess to RecordsCPLR Article 78Investigative FilesPatient RightsConfidentialityAbuse and MistreatmentState FacilitiesOMRDDSunmount DDSO
References
1
Case No. 09-04-526 CV
Regular Panel Decision
Jan 27, 2005

in Re RLS Legal Solutions, LLC and Yandell Rogers, III

Amy Maida sued RLS Legal Solutions, L.L.C. and Yandell Rogers III for various claims related to her employment, which included an arbitration provision. RLS filed a petition for writ of mandamus after the trial court denied their motion to compel arbitration, following a previous mandamus proceeding. Maida argued economic duress, alleging RLS withheld her pay until she signed the arbitration agreement. The Court of Appeals reviewed whether the trial court abused its discretion in denying the motion to compel arbitration, specifically considering if the economic duress defense related to the arbitration provision itself. The court found sufficient evidence to support the trial court's finding that the arbitration agreement was procured by wrongfully withholding Maida's pay, thereby defeating her free agency, and consequently denied the petition for writ of mandamus.

MandamusArbitration AgreementEconomic DuressMotion to Compel ArbitrationEmployment DisputeWrit of MandamusFederal Arbitration ActContract EnforcementTexas Court of AppealsSufficiency of Evidence
References
12
Case No. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
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