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

Case No. 2018 NY Slip Op 08980
Regular Panel Decision
Dec 27, 2018

Matter of Ricci v. Maria Regina Residence

This case involves an appeal by the Special Disability Fund from a Workers' Compensation Board decision. The Board had ruled that the workers' compensation carrier for Maria Regina Residence was entitled to reimbursement from the Special Disability Fund for a claim related to Cyndia Ricci's work-related knee injury, asserting Ricci had pre-existing heart and arthritis conditions. The Appellate Division, Third Department, found that the record lacked substantial evidence to support the Board's finding that Ricci's preexisting conditions hindered her employment potential. The court concluded that the medical opinion relied upon was based on generalities and speculation, and that conditions controlled by medication do not, without more, constitute a hindrance to employability. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings.

Workers' CompensationSpecial Disability FundReimbursement ClaimPreexisting ImpairmentEmployabilityMaterially and Substantially Greater DisabilityMedical OpinionOrthopedic SurgeonAppellate ReviewSubstantial Evidence
References
11
Case No. MISSING
Regular Panel Decision

Informal Opinion No.

The opinion addresses whether Rockland County can mandate that 50% of public works project hires be county residents. It analyzes various constitutional clauses, finding the Commerce Clause not an impediment due to the 'market participant' doctrine and congressional authorization for federal funds. It distinguishes a local law from a state law concerning the Privileges and Immunities Clause, suggesting a local law targeting non-county residents (including other state residents) might be valid. The opinion also examines the Equal Protection Clause and bona fide residency requirements, concluding they generally pass the rational basis test. However, it cautions that such a local law must not violate General Municipal Law § 103 competitive bidding requirements, which would be a factual determination on a case-by-case basis.

Public Works ProjectsResident Hiring RequirementsLocal Law AuthorizationCommerce ClausePrivileges and Immunities ClauseEqual Protection ClauseCompetitive BiddingGeneral Municipal LawHome Rule LawMarket Participant Doctrine
References
17
Case No. MISSING
Regular Panel Decision

Szucs v. Committee of Interns and Residents

Paul Szucs, a physician at Bronx Municipal Hospital Center (BMHC), sued the Committee of Interns and Residents (CIR), a labor union, under 42 U.S.C. § 1983, alleging a conspiracy with BMHC to deny his collective bargaining rights and force his resignation. He also brought several state law claims. Szucs claimed CIR representatives conspired with BMHC to frustrate his grievance and arbitration attempts after he was fired from his residency program for alleged attendance issues. The court granted CIR's motion for summary judgment on the § 1983 claim, finding no evidence of a conspiracy between CIR and BMHC, and no evidence that CIR acted under color of state law or had a policy to conspire. The court dismissed the federal claim and remanded the remaining New York State common law claims for breach of contract, breach of duty of fair representation, gross negligence, breach of fiduciary duty, and concerted action to state court. The court reserved decision on motions for attorneys' fees and costs, referring them to a Magistrate Judge.

Civil RightsSection 1983Labor LawCollective Bargaining AgreementDue ProcessConspiracySummary JudgmentState Law ClaimsRemandAttorneys' Fees
References
15
Case No. MISSING
Regular Panel Decision
Apr 26, 1982

Marion Coal Co. v. Marc Rich & Co. International, Ltd.

Marion Coal Company and Marc Rich and Co. International, Ltd. are embroiled in a dispute over whether they entered into an agreement to arbitrate a long-term steam coal supply contract. Marc Rich initiated a demand for arbitration, alleging a contract formed on February 11, 1981, and subsequently petitioned the court to compel arbitration. Marion denied the existence of a binding agreement and sought a temporary stay of arbitration, arguing that negotiations never concluded. The District Court found that material issues of fact exist regarding whether an arbitration clause was a customary condition in the coal trade and whether the parties agreed to such a term during an exchange of proposed contract drafts. Consequently, the court ordered a jury trial to resolve these factual questions, declining to grant either petition summarily.

Arbitration AgreementCoal Supply ContractTrade CustomUniform Commercial CodeContract FormationParol Evidence RuleFirm OfferJury Trial OrderedFactual DisputeNew York Law
References
8
Case No. MISSING
Regular Panel Decision

Committee of Interns & Residents v. New York State Labor Relations Board

The Committee of Interns and Residents (petitioner) initiated a CPLR article 78 proceeding to compel the New York State Labor Relations Board (respondent) to assert jurisdiction over unfair labor practice complaints against several intervening nonprofit hospitals. The State Board had previously dismissed the petitions, expressing uncertainty about its jurisdiction following 1974 amendments to the National Labor Relations Act (NLRA) which brought nonprofit hospitals under federal purview. However, the National Labor Relations Board (NLRB) subsequently determined that interns, residents, and clinical fellows, represented by the petitioner, are 'students' and not 'employees' under the NLRA, thereby declining federal jurisdiction over them. This court concluded that the NLRB's decision to not assert jurisdiction over these personnel meant that the NLRA did not preempt the State Board's historical jurisdiction in such matters. Consequently, the court granted the petition, vacated the State Board's dismissals, and remanded the cases for further consideration consistent with this opinion.

Labor LawNational Labor Relations ActFederal PreemptionState Labor Relations BoardNLRB JurisdictionInterns and ResidentsCollective BargainingNonprofit HospitalsEmployee StatusStudent Status
References
6
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. ADJ171587 (GRO 0020678)
Regular
Dec 10, 2008

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMAN'S FUND

The Workers' Compensation Appeals Board granted a lien claimant's petition for reconsideration of a prior decision due to statutory time constraints and the need for further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and allow for a just and reasoned decision. All future communications related to this case are to be directed to the Board's Reconsideration unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationIntegrated Healthcare Recovery ServicesLewis Brisbois Bisgaard & SmithPain Center of Ventura CountyMarcus Vasquez
References
0
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. MISSING
Regular Panel Decision

Galdemis v. Brook

The case involves a medical malpractice action where defendants Marion Hansen and Dr. Judith Brook appealed the denial of their motions for summary judgment. The Supreme Court, Nassau County, denied their motions with leave to renew pending a determination by the Workers' Compensation Board regarding the injured plaintiff's eligibility for benefits. The plaintiffs also cross-appealed, but their cross-appeal was dismissed as abandoned. The appellate court affirmed the Supreme Court's decision to refer the matter to the Workers' Compensation Board and properly refused to entertain the appellants' motions for summary judgment at that stage.

medical malpracticesummary judgmentWorkers' Compensation Lawappealjurisdictionreferral to agencyNassau County Supreme Courtappellate division
References
4
Case No. MISSING
Regular Panel Decision

Gedon v. University Medical Residents Services, P. C.

The claimant appealed a decision by the Workers’ Compensation Board denying death benefits for her deceased husband, an anesthesiology resident who died from a sufentanil overdose. The Board had ruled that his death did not arise out of and in the course of his employment. The claimant argued that the decedent's addiction was work-related due to job stress and access to narcotic drugs. However, the court affirmed the Board’s decision, finding no substantial medical evidence to specifically link the decedent's drug addiction and subsequent death to the conditions of his employment. The court noted the lack of a clear diagnosis and treating physician testimony to support the claim.

Workers' CompensationDeath BenefitsSubstance AbuseAnesthesiologyOccupational DiseaseMedical ResidencyCausationEmployment-Related InjuryDrug OverdoseAppellate Review
References
7
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