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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Sep 27, 1983

Claim of Lemery v. Flintkote Co.

Claimant, who developed acute pharyngitis and bronchitis in 1967, experienced a significant worsening of his respiratory condition in 1973 when his employer changed to a “dry” cement manufacturing process, exposing him to extreme dust. This exposure led to pneumonia, chronic bronchitis, and eventual incapacitation, forcing him to stop working multiple times. After being advised not to return to work under dusty conditions, he was re-employed as a janitor in a dust-free area, and his symptoms diminished. The Workers' Compensation Board found that his employment exposure aggravated a preexisting nondisabling bronchitis into a disabling condition, allowing his claim for benefits. The employer and carrier appealed, arguing that occupational aggravation of a nonoccupational disease is not compensable. The court affirmed the Board's decision, stating that the ultimate test is whether employment causes a disability that previously did not exist.

Occupational DiseaseAggravation of Preexisting ConditionChronic BronchitisCement Dust ExposureDisabilityCausationWorkers' Compensation Board DecisionMedical EvidenceEmployment-Related IllnessRespiratory Illness
References
3
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Claim of Lashlee v. Pepsi-Cola Newburgh Bottling

The Special Disability Fund appealed a decision by the Workers’ Compensation Board concerning a claimant's average weekly wage calculation. The claimant, injured while employed by Pepsi-Cola, also had concurrent employment with Mid-Hudson Limousine Service, Inc. and Robert H. Auchmoody Funeral Homes, Inc. A Workers’ Compensation Law Judge (WCLJ) included Auchmoody as a concurrent employer, increasing the claimant's average weekly wage. The Fund argued that Auchmoody should not be considered a "covered" employer because there was no proof of workers' compensation insurance. The Workers’ Compensation Board affirmed the WCLJ’s decision. The appellate court affirmed the Board's decision, clarifying that "covered" employment under Workers’ Compensation Law § 14 (6) refers to an employer subject to the Workers’ Compensation Law, irrespective of whether they actually carried an insurance policy, and that the law must be liberally construed in favor of employees.

Workers’ CompensationConcurrent EmploymentAverage Weekly WageCovered EmploymentIndependent ContractorSpecial Disability FundInsurance PolicyLiberal ConstructionAppellate DivisionWCLJ Decision
References
4
Case No. MISSING
Regular Panel Decision

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. New York State Public Employment Relations Board

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
Case No. ADJ2554534
Regular
Jan 03, 2023

WENDY COLLIE vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of a prior award. The initial award found the applicant sustained an injury AOE/COE to multiple body parts, resulting in permanent total disability without apportionment. The employer argued the finding of chronic pain syndrome was improper, and that the WCJ ignored credibility issues and apportionment opinions. The Appeals Board found substantial medical evidence supported the chronic pain syndrome diagnosis and that the employer failed to provide sufficient evidence for apportionment of permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderAdministrative Law JudgeInjury AOE/COELumbar SpineCervical SpineLeft ShoulderRight HipRight Knee
References
20
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Rappaport, Hertz, Cherson & Rosenthal, P.C.

The Equal Employment Opportunity Commission (EEOC) and Melissa Castillo brought claims of sex discrimination, retaliation, and constructive discharge against Rappaport, Hertz, Cherson & Rosenthal, P.C., William Rappaport, and Herbie Gonzalez under Title VII. Castillo sought to intervene in the EEOC's action and assert additional state and city claims, while the defendant moved to compel arbitration of Castillo's claims based on an employment arbitration agreement. The court granted Castillo's motion to intervene and permitted her state and local claims to proceed under supplemental jurisdiction. The court also granted the defendant's motion to compel arbitration for all of Castillo's claims, determining that the arbitration agreement was an employer-promulgated plan and the associated costs would not be prohibitively expensive. The EEOC's action was not stayed, as it was not a party to the arbitration agreement, but Castillo's individual proceedings were stayed pending arbitration.

Sexual HarassmentRetaliationConstructive DischargeTitle VIIArbitration AgreementInterventionEmployment DiscriminationFederal Arbitration ActSupplemental JurisdictionEEOC Enforcement Action
References
51
Case No. MISSING
Regular Panel Decision
Nov 28, 2001

Claim of Fighera v. New York City Department of Environmental Protection

Claimant, a construction worker, sustained multiple work-related injuries in 1994 and 1997, leading to a classification of permanently partially disabled and an award of workers' compensation benefits. An investigation revealed that the claimant was simultaneously working as a security officer, a fact he had not disclosed during his medical examinations or prior proceedings. The employer alleged a violation of Workers’ Compensation Law § 114-a, prompting a review of the benefits. While a Workers’ Compensation Law Judge initially found no violation, the Workers’ Compensation Board reversed this decision, rescinding all awards made after October 15, 1997, and disqualifying the claimant from further wage replacement benefits. The Appellate Division affirmed the Board's decision, citing substantial evidence that the claimant knowingly made false statements and concealed his employment to obtain compensation.

Workers' Compensationfraudfalse statementundisclosed employmentpermanent partial disabilitywage replacement benefitssecurity officersubstantial evidenceWorkers' Compensation Boardappeal
References
2
Case No. MISSING
Regular Panel Decision
Mar 29, 1978

Town of Huntington v. Public Employment Relations Board

This proceeding, pursuant to CPLR article 78, reviews a determination by the Public Employment Relations Board (PERB) dated March 29, 1978. PERB had certified Local 342, Long Island Public Service Employees as the representative for a unit of workers employed by the Town of Huntington. The court confirmed the determination and dismissed the proceeding on the merits. The decision noted that substantial evidence supported PERB's designation of a negotiating unit for 53 blue-collar employees and the senior beach manager. The court found a rational basis for PERB's determination, reflecting careful consideration of appropriate factors.

Public EmploymentCollective BargainingEmployee RepresentationLabor RelationsPERBNegotiating UnitBlue-collar employeesJudicial ReviewAdministrative LawGovernment Employees
References
1
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