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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

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. ADJ11368246
Regular
Mar 03, 2020

Marta Ubillus vs. One Stop Employment Services, LLC/Vensure Employer Services, Security National Insurance Company, State National Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration regarding the valuation of interpreter services. The WCAB adopted the Administrative Law Judge's (ALJ) report, which found that while the defendant did not present rebuttal evidence, the ALJ had substantial evidence to make a determination. The ALJ determined a market rate of $114.97 per hour but noted the lien claimant failed to provide sufficient evidence of the duration of services on most dates, preventing application of the market rate. Consequently, the statutory rate was applied for those services.

WCABPetition for ReconsiderationDeniedLien ClaimantInterpreter ServicesMarket RateStatutory RateWCJ ReportSubstantial EvidenceFindings and Award
References
1
Case No. 94-E-0952 et al.
Regular Panel Decision

Matter of Energy Ass'n v. Public Service Commission

This court opinion addresses a petition by electric utilities seeking to annul orders from the New York Public Service Commission (PSC) regarding competition in the electric industry. The utilities challenged the PSC's authority to mandate restructuring plans, its rejection of full stranded cost recovery, and its compliance with the State Administrative Procedure Act. The court upheld the PSC's broad jurisdictional powers, affirming its right to encourage competitive markets and deny full stranded cost recovery when deemed not "just and reasonable" for consumers. It also found the PSC's policy statements were not "rules" requiring formal procedures. Consequently, the court denied the utilities' motion to annul the PSC's orders, affirming the PSC's discretion in transitioning to a more competitive electric market.

Electric Utility RegulationDeregulationCompetitionPublic Service CommissionRate MakingStranded CostsRetail WheelingState Administrative Procedure ActJudicial ReviewLegislative Delegation
References
59
Case No. ADJ15329380
Regular
Oct 31, 2025

BERTHA VALERIO vs. KIMCO STAFFING SERVICES, INC.; XL INSURANCE

Defendant sought reconsideration of a Findings and Award (F&A) from August 5, 2025, concerning an injury sustained by applicant Bertha Valerio on September 9, 2021. The F&A found that applicant's injury was AOE/COE, defendant failed to prove improper treatment outside the Medical Provider Network (MPN), and lien claimant Joyce Altman Interpreting, Inc. established their market rate for interpreting services. Defendant contended that medical treatment and interpreter services were unreasonable due to treatment outside the MPN and failure to adhere to MTUS/ACOEM guidelines, and that the market rate for interpreter services was not properly established. The Appeals Board denied the petition, agreeing with the WCJ that defendant failed to sustain its burden of proof on the MPN issue, the MTUS/ACOEM guideline issue was not raised at trial, and lien claimant properly established their market rate.

WCABPetition for ReconsiderationFindings and AwardMedical Provider NetworkMPNRequests for AuthorizationRFAsLien ClaimantMarket RateLabor Code Section 4600
References
10
Case No. ADJ4243140 (OXN 0130418)
Regular
Sep 23, 2009

ALMALILIA MARTINEZ vs. TRACEY VILLA, NATIONAL FIRE INSURANCE OF HARTFORD, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning a lien claimant's fees for medical interpreting services. The amended award clarifies that certain specific medical sessions are valued at the greater of the stipulated market rate or the billed amount. Other medical interpreting services are awarded at one-half of the greater of the market rate or billed amount, with the total value of the lien affirmed as previously decided.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationJoint Findings and AwardWorkers' Compensation JudgeMedical Interpreting ServicesMarket RateAdministrative Director RulesReasonable ValueWCAB Appearances
References
1
Case No. ADJ9040755
Regular
Apr 26, 2018

JUAN MARTINEZ vs. AREVALO LANDSCAPING SERVICE, CYPRESS INSURANCE COMPANY

This case concerns a lien claimant, Citywide Scanning Service, seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) finding that their services were valued at $\$2,091.61$. The lien claimant argued that the defendant waived objections by failing to submit timely explanations of review (EORs) and that their billing was supported by evidence, entitling them to penalties. The WCAB denied reconsideration, finding that the issue of timely EORs was waived as it was not raised at the initial trial. The only remaining issue for trial was the reasonable value of the services, and the WCAB upheld the administrative law judge's determination.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFinding and OrderExplanation of Review (EOR)Reasonableness and NecessityLachesPhotocopy ServicesCompromise and ReleaseLien Trial
References
1
Case No. 00-80050A
Regular Panel Decision
May 23, 2000

Victory Markets, Inc. v. NYS Unemployment Insurance (In Re Victory Markets Inc.)

Victory Markets, Inc. (VMI) and Victory Markets, LLC (LLC) initiated an adversary proceeding against the New York State Unemployment Insurance Division of the Department of Labor, challenging the Department's transfer of VMI's unemployment insurance tax experience rating to new owners following VMI's Chapter 11 reorganization. VMI argued this transfer violated its reorganization plan and negatively impacted funds available for creditors. The Department moved to dismiss for lack of subject matter jurisdiction, contending the dispute involved non-debtor parties and state law, and was furthermore precluded by the Tax Injunction Act. The Bankruptcy Court, presided over by Chief Judge STEPHEN D. GERLING, granted the Department's motion, finding it lacked jurisdiction under 'arising in,' 'arising under,' or 'related to' doctrines, as the matter concerned a state agency's application of state law against non-debtors with a remote connection to the bankruptcy estate. The court also emphasized the availability of a plain, speedy, and efficient remedy in state courts, which barred federal intervention.

BankruptcySubject Matter JurisdictionTax Injunction ActNew York Labor LawUnemployment Insurance TaxChapter 11 ReorganizationAdversary ProceedingState Tax DisputeNon-Debtor PartiesExperience Rating Transfer
References
20
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. MISSING
Regular Panel Decision

Claim of Reese v. Sysco Food Services-Albany

The claimant, injured in 2007 while working for a food service company, initially received temporary partial disability payments for back and left hamstring injuries. A consequential injury to his right fifth metacarpal was later added to the claim. The Workers’ Compensation Board found that the claimant voluntarily removed himself from the labor market in May 2010 by not returning to a light duty assignment despite medical clearance. After further injuries and employment termination in 2012, the claimant sought an award for reduced earnings, arguing his current job was less demanding. Both the WCLJ and the Board denied this request, ruling that his reduction in earnings was not causally related to his compensable disability, a decision which was affirmed on appeal due to substantial evidence.

Reduced earningsVoluntary removal from labor marketLight duty assignmentCausally related disabilityWorkers' compensation appealBack injuryLeft lower extremity injuryRight fifth metacarpal fractureLeft knee problemsMedical clearance
References
5
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