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

Case No. 2019 NY Slip Op 05238 [173 AD3d 1571]
Regular Panel Decision
Jun 27, 2019

Matter of Kriplin (Community Newspaper Group LLC--Commissioner of Labor)

Jonathan Kriplin, a newspaper carrier for Community Newspaper Group LLC (now Community First Holdings, Inc. - CFHI), applied for unemployment insurance benefits after ceasing deliveries. The Department of Labor and an Administrative Law Judge determined that Kriplin and other carriers were employees, making CFHI liable for unemployment insurance contributions. The Unemployment Insurance Appeal Board upheld these findings. The Appellate Division, Third Department, affirmed the Board's decisions, citing substantial evidence of an employment relationship, consistent with prior cases involving CFHI and similar workers. The court dismissed CFHI's arguments regarding independent contractor status and First Amendment rights.

Unemployment InsuranceEmployment RelationshipIndependent ContractorNewspaper CarriersAppellate ReviewSubstantial EvidenceDepartment of LaborUnemployment Insurance Appeal BoardLabor LawFirst Amendment Rights
References
4
Case No. MISSING
Regular Panel Decision

Newspapers, Inc. v. Love

A collision in Austin, Texas, involving Gerald Witt Love's truck and Otis Franklin's car, resulted in injuries to the Love family and the death of their son. The Loves sued Otis Franklin, Curren Eugene Cargile, and Newspapers, Inc., alleging Cargile, a newspaper distributor, was an employee and not an independent contractor, making Newspapers, Inc. liable under respondeat superior. A jury found in favor of the Loves, and the trial court's judgment was affirmed on appeal by Newspapers, Inc. The appellate court reviewed arguments concerning the employer-employee relationship, jury instructions, proximate cause, and the alleged excessiveness of damages awarded. The court found no reversible error and upheld the trial court's decision, affirming the judgment.

Automobile AccidentPersonal InjuryWrongful DeathRespondeat SuperiorIndependent ContractorMaster-Servant RelationshipAgency LawProximate CauseForeseeabilityDamages
References
38
Case No. MISSING
Regular Panel Decision

Claim of Paolucci v. Capital Newspapers

This case involves consolidated appeals from four decisions of the Workers' Compensation Board. Initially, the Board ruled that the claimants, adult newspaper carriers for Capital Newspapers, were independent contractors and thus ineligible for workers' compensation benefits. This determination was appealed, and in the case of Mary A. Paolucci, the matter was remitted for reconsideration due to the Board's inconsistent decisions in similar prior cases. On remittal, the Board reversed its original findings and determined that all claimants were employees within the meaning of the Workers' Compensation Law. The employer, Capital Newspapers, subsequently appealed these new decisions. The appellate court affirmed the Board's latest decisions, finding substantial evidence to support the conclusion that the employer exercised a sufficient degree of control over the claimants' delivery methods and timing to establish an employer-employee relationship.

Worker classificationEmployee statusIndependent contractorWorkers' compensationJudicial reviewAdministrative lawEmployer controlNewspaper deliveryAppellate courtRemittal order
References
3
Case No. MISSING
Regular Panel Decision

Peck v. Democrat and Chronicle/Gannett Newspapers

The plaintiff, a newspaper carrier, sued the defendant newspaper and a manager for hostile environment sexual harassment under Title VII and state common law claims. The defendant newspaper moved for summary judgment, arguing the plaintiff was an independent contractor, not an employee, and thus Title VII did not apply. The Court applied the common law agency test, analyzing factors like control over work, source of tools, ability to hire assistance, and tax treatment. Ultimately, the Court found the plaintiff was an independent contractor, granted the defendant's motion for summary judgment on the Title VII claim, and declined supplemental jurisdiction over the remaining state law claims.

Employment DiscriminationTitle VIISexual HarassmentHostile Work EnvironmentSummary JudgmentIndependent ContractorEmployee ClassificationCommon Law Agency TestSupplemental JurisdictionCivil Rights Act of 1964
References
19
Case No. MISSING
Regular Panel Decision

Matthews v. Newspapers Inc.

Stanley B. Matthews sued Newspapers Incorporated for damages stemming from two newspaper articles published in July 1953, which he alleged were false and defamatory. The articles connected his business, the Texas Body Shop, and its employees to a "car wrecking ring" involved in insurance fraud. Matthews contended that these publications caused significant financial losses to his business and harmed his personal reputation. Although the trial court initially denied Matthews recovery, the appellate court reversed this decision. The higher court found that there was sufficient evidence to warrant a jury trial on whether the articles targeted Matthews and his business, and if he suffered damages. Additionally, the appellate court ruled that Matthews' failure to file an assumed name certificate did not preclude his right to pursue the lawsuit.

DefamationLibelNewspaper LiabilityBusiness DamagesReputation DamagesAssumed Name CertificatePrivileged PublicationAppellate ReviewReversed and RemandedJury Question
References
7
Case No. 2021-08-0425
Regular Panel Decision
Jul 28, 2022

Cole, Mason v. R & L Carriers

Employee Mason Cole sought medical and temporary disability benefits for a low-back injury sustained when his forklift ran off the dock. The employer, R&L Carriers, contested benefits, citing Mr. Cole's alleged noncompliance with treatment and lack of medical proof of causation, noting his termination for violating company attendance policy. The Court found Mr. Cole likely to prevail on his claim for medical benefits, concluding that past noncompliance was not clearly established and an MRI ordered by the authorized physician was never authorized by R&L. However, the Court denied temporary disability benefits at this time, as Mr. Cole was never taken completely off work by a physician and provided no medical proof of continued restrictions after his employment termination.

Workers' CompensationExpedited HearingMedical BenefitsTemporary DisabilityLow Back InjuryForklift AccidentNoncomplianceCausationDegenerative Disc DiseaseMRI
References
5
Case No. MISSING
Regular Panel Decision

Claim of Pittman v. Poughkeepsie Journal

A newspaper carrier for Poughkeepsie Journal sustained injuries in an automobile accident and subsequently filed a workers' compensation claim. The newspaper and its insurance carrier disputed the claim, contending that the claimant was an independent contractor rather than an employee. However, the Workers' Compensation Board determined that an employer-employee relationship existed due to the newspaper's significant control over the claimant's duties. This control was evidenced by contractual stipulations such as maintaining subscriber list confidentiality, promptly addressing complaints, promoting circulation, adhering to delivery deadlines, and requiring advance notice for substitutes. The appellate court affirmed the Board's decision, concluding that the newspaper exercised more than incidental control over the carrier.

employer-employee relationshipindependent contractorworkers' compensationnewspaper carrierdirection and controlcontractual obligationsappellate reviewWorkers' Compensation Board determinationscope of employment
References
6
Case No. MISSING
Regular Panel Decision

Verson Allsteel Press Co. v. Carrier Corp. & Carrier Air Conditioning

Verson Allsteel Press Company appealed a summary judgment granted in favor of Carrier Corporation and Carrier Air Conditioning Company. The case involves an employee, Steven Paul Gandy, who was injured operating a press brake manufactured by Verson. Gandy received worker's compensation and subsequently sued Verson, securing a judgment. Verson then sought indemnification from Carrier based on terms in the press brake's production order. Carrier argued the indemnification was barred by Texas Civil Statutes due to a lack of an express written agreement. The appellate court found that the indemnity clauses did constitute an express written agreement, thus reversing the summary judgment and remanding the case for trial on the merits.

IndemnificationWorkers' CompensationSummary JudgmentContract LawProduct LiabilityTexas Civil StatutesExpress AgreementReversed and RemandedPress Brake InjuryThird-Party Claim
References
14
Case No. MISSING
Regular Panel Decision

Paolucci v. Capital Newspapers, a Division of the Hearst Corp.

Claimant, an adult newspaper carrier for Capital Newspapers, sought workers’ compensation benefits after an injury. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board denied her claim, deeming her an independent contractor based on factors like profiting from resale and freedom in delivery methods. However, the Appellate Division noted that these factors mirrored a prior case, Matter of Pittman v Poughkeepsie Journal, where an employer/employee relationship was found. The Court ruled that the Board failed to either follow its own precedent or provide an explanation for its inconsistent decisions, as required by Matter of Field Delivery Serv. [Roberts]. Citing additional instances of the Board’s unexplained departures from precedent, the Appellate Division reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationIndependent ContractorEmployment StatusAppellate ReviewPrecedentStare DecisisBoard DecisionRemittalNewspaper CarrierEmployer-Employee Relationship
References
7
Case No. MISSING
Regular Panel Decision
Apr 02, 1985

Landi v. Carrier Corp.

The claimant, a 61-year-old brake press operator, suffered an acute back strain and aggravation of degenerative disc disease, leading to total disability for a period in 1982. He subsequently retired in February 1983, asserting his inability to perform even a light-duty inspector's job offered by his employer due to his ongoing partial disability. Initially, an Administrative Law Judge ruled that the claimant had voluntarily withdrawn from the labor market. However, the Workers’ Compensation Board reversed this decision, finding that the claimant's retirement was directly attributable to his continuing permanent partial disability, a finding supported by his doctor's reports and his own testimony. The employer and its carrier appealed the Board's decision, but the appellate court affirmed the Board's finding, concluding that it was supported by substantial evidence in the record.

Back StrainDegenerative Disc DiseaseTotal DisabilityPartial DisabilityVoluntary WithdrawalLabor MarketWorkers' Compensation BoardMedical EvidenceSubstantial EvidenceOrthopedist
References
3
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