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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
Apr 15, 1996

Eymer v. Ground Round, Inc.

Plaintiffs Jeffrey Eymer and Patrick Lappin sued The Ground Round, Inc. and its Severance Pay Plan, asserting claims under ERISA for denied severance pay, breach of contract for unpaid vacation days, and age discrimination for Eymer. Defendants moved for partial summary judgment on multiple claims. The court granted summary judgment for the defendants on Claims 3 and 8 but denied it for the remaining ERISA severance pay, breach of contract for vacation pay, and age discrimination claims. The court found material issues of fact existed regarding the arbitrary and capricious nature of the severance pay denial, disputes over vacation pay policy application, and a potential discriminatory animus concerning age, warranting further proceedings.

ERISAAge DiscriminationBreach of ContractSeverance PayVacation PaySummary Judgment MotionConflict of Interest PolicyEmployment LawEmployee BenefitsArbitrary and Capricious Standard
References
17
Case No. MISSING
Regular Panel Decision

In re the Arbitration between City of Lackawanna & AFSCME, AFL-CIO Local Union No. 1205

This case addresses the determination of compensation due to four City of Lackawanna employees—Levulis, Dombrowski, Plaza, and Michalek—who were wrongfully discharged. An arbitrator initially ordered their reinstatement with full compensation, which the Supreme Court confirmed after the City's attempt to vacate the award was denied and subsequent appeals were dismissed due to lack of prosecution. Despite court orders, the City delayed reinstatement and compensation, leading to a judgment for back pay and a contempt order. The central issue before the court is how to calculate the back pay, specifically concerning deductions for earnings from other employment held concurrently with municipal employment prior to discharge, and claims for vacation, personal leave, and birthday pay. The court ruled that earnings from pre-existing second jobs are not deductible from back pay and that vacation, personal leave, and birthday pay are not due over and above full pay reimbursement, holding the City responsible for the extensive delays.

Wrongful DischargeBack Pay CalculationCivil Service LawDeductions from WagesDual EmploymentArbitration Award EnforcementContempt of CourtPublic Employee RightsReinstatementErie County Supreme Court
References
7
Case No. MISSING
Regular Panel Decision
Dec 21, 1994

People v. Curry

The defendant appealed a judgment from the Supreme Court, Kings County, convicting him of multiple counts of robbery in the first degree and attempted robbery in the first degree. The original sentence imposed consecutive terms of imprisonment. The appellate court, in the interest of justice, modified the judgment by directing that certain sentences for robbery and attempted robbery counts run concurrently. As modified, the judgment was affirmed. The court noted that while consecutive sentences for crimes against multiple victims are not improper, the sentence in this case was excessive to the extent indicated. The defendant's remaining contention was unpreserved for appellate review.

RobberyAttempted RobberyConsecutive SentencesConcurrent SentencesAppellate ReviewExcessive SentenceCriminal LawJury VerdictSentencing ModificationKings County Supreme Court
References
2
Case No. MISSING
Regular Panel Decision

TPK Construction Corp. v. Hudacs

The petitioner, TPK Const. Corp., challenged a Department of Labor determination finding it liable for failing to pay prevailing wages and supplements. While conceding underpayment and interest, TPK argued it was innocent, claiming its role was solely providing bonding for its joint venturer, Erie Coatings, Inc., which allegedly managed the project entirely. However, the record showed TPK's active involvement, including its president's presence on site and participation in contract discussions. Furthermore, TPK had a documented history of multiple prior prevailing wage violations, some deemed willful. The court found substantial evidence supported the Department of Labor's determination, concluding that TPK, as an experienced public works contractor, knew or should have known of the violations. The court affirmed the principle of joint and several liability for joint venturers and ultimately confirmed the Department's determination, dismissing TPK's petition.

Prevailing WageLabor LawWillful ViolationJoint VentureCPLR Article 78Administrative ReviewUnderpayment of WagesContractor LiabilityPublic WorksAppellate Review
References
17
Case No. MISSING
Regular Panel Decision
Oct 24, 2001

Claim of Langenmayr v. Syracuse University

In March 1992, a claimant left her secretarial job at Syracuse University due to respiratory problems from indoor air pollutants, subsequently filing for workers' compensation benefits which were established for occupational disease. She sought treatment from Dr. Kalpana Patel, who diagnosed multiple chemical sensitivities and recommended an emergency hospitalization in Texas, incurring $69,411.50 in medical expenses. The self-insured employer refused to pay these costs, arguing a lack of preauthorization and emergency justification under Workers’ Compensation Law § 13-a (5). After multiple hearings, a Workers’ Compensation Law Judge ordered the employer to pay the hospital bill and found the claimant permanently totally disabled, a decision upheld by the Workers’ Compensation Board. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the emergency nature of the treatment and the disability finding, thus obligating the employer to cover the medical expenses.

Occupational DiseasePermanent Total DisabilityMedical Expense ReimbursementEmergency Medical TreatmentMultiple Chemical Sensitivity SyndromeRespiratory IllnessSelf-Insured Employer LiabilityWorkers' Compensation Board AppealAppellate ReviewMedical Evidence Sufficiency
References
3
Case No. MISSING
Regular Panel Decision
Jan 25, 1995

Claim of Weingarten v. Pathmark Stores, Inc.

The claimant sustained head, back, and right shoulder injuries in March 1989 while working for Pathmark Stores, Inc. She developed an organic mental syndrome and multiple cognitive deficits, leading to an award of permanent partial disability benefits. Later, the Workers’ Compensation Board’s Office of Vocational Rehabilitation recommended treatment at the Head Injury Technical School (HITS). Despite the employer's attempts to challenge the necessity and apportionment of the treatment costs, the Workers’ Compensation Law Judge (WCLJ) ordered the employer to pay the entire $245,000 bill, a decision affirmed by the Board. The appellate court affirmed the Board's decision, finding the employer failed to present sufficient medical evidence to contradict the necessity of the claimant's participation in the HITS program or to challenge the itemization of the bill.

brain injurycognitive deficitspermanent partial disabilityworkers' compensation benefitsmedical treatment authorizationapportionment of costsemployer liabilityadministrative appealburden of proofmedical evidence admissibility
References
8
Case No. 17-40152-CEC
Regular Panel Decision

Glassman v. Feldman (In re Feldman)

This case addresses the motion of Donald Glassman, a creditor, seeking to dismiss the Chapter 13 bankruptcy case of Robert Feldman, the debtor, with prejudice and to impose sanctions. Glassman alleged that Feldman filed his petition in bad faith to halt a state court malpractice action and failed to comply with multiple discovery orders. Presiding Judge Carla E. Craig found that Feldman, an attorney, exhibited reckless indifference in his financial disclosures and testimony, attempting to shift blame to his counsel for material misstatements regarding his income and assets. The court also noted the case essentially involved a two-party dispute. Consequently, the motion to dismiss was granted with prejudice for one year, and the motion for sanctions was partially granted, requiring Feldman to pay $15,953.20 in attorney's fees for discovery non-compliance, but not the full amount requested by Glassman.

Chapter 13Bankruptcy DismissalBad Faith FilingSanctionsDiscovery ViolationsDebtor MisconductFalse StatementsAttorney ResponsibilityTwo-Party DisputeLitigation Tactics
References
64
Case No. MISSING
Regular Panel Decision

New York State Correctional Officer & Police Benevolent Ass'n v. New York State Department of Correctional Services

Elsie Pierre, a correction officer, sustained a work-related injury in May 2004, leading to workers’ compensation leave. Respondent Department of Correctional Services initiated termination proceedings, but a medical evaluation by respondent's designated physician on September 15, 2005, found her unfit for duty. Pierre's physician, Sanford Wert, later cleared her for work on June 12, 2006, a finding supported by a Hearing Officer who recommended reinstatement with retroactive pay. Respondent, however, rejected the full retroactive award, granting pay only from October 12, 2007, arguing that Pierre had not properly exhausted administrative remedies for the earlier date and that an independent evaluation was lacking. Petitioners challenged this limited retroactive pay, but the Court confirmed the respondent's determination, dismissing the petition and upholding the October 12, 2007, start date for back pay.

Workers' Compensation LeaveRetroactive Back PayCivil Service LawAdministrative ReviewFitness for DutyMedical Evaluation DisputeCorrection Officer EmploymentCPLR Article 78 ProceedingJudicial DiscretionAppellate Court Decision
References
1
Case No. MISSING
Regular Panel Decision
Aug 07, 1984

Murtaugh v. Bankers Trust Co.

In November 1978, claimant Murtaugh filed a discrimination claim against Bankers Trust Company of Albany, N. A. following her 1977 dismissal, citing Workers’ Compensation Law § 241. The Workers’ Compensation Board affirmed a discrimination finding, which was subsequently upheld by the Appellate Division. An administrative law judge directed Murtaugh's reinstatement and awarded back wages from January 1, 1978, to October 19, 1982, with an offset for unemployment benefits. The Bank appealed this decision, contending the back pay award was unauthorized under Workers’ Compensation Law § 120, arguing Murtaugh failed to accept reemployment or mitigate damages. The court found substantial evidence that no bona fide reemployment offer was made and that the issue of mitigation of damages was not properly raised. Consequently, the court affirmed the Board's decision, upholding Murtaugh's entitlement to back pay.

Workers' Compensation LawDiscriminationBack Pay AwardReinstatementMitigation of DamagesUnemployment BenefitsOffer of ReemploymentAppellate DivisionNew York LawEmployer Liability
References
4
Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
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