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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 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. ADJ2073289 (SAC 0348742) ADJ2667420 (SAC 0348743)
Regular
May 27, 2011

DONALD VADNAIS vs. KRAFT FOODS NABISCO

This case involves a dispute over permanent disability advances and credits taken by the defendant employer. The Appeals Board granted reconsideration to address clerical errors in the defendant's favor regarding the exact amount of credit. However, the Board also issued a notice of intention to sanction the defendant, its attorney, and law firm for filing a frivolous petition for reconsideration over a de minimis three-cent discrepancy. The Board found that seeking reconsideration for such a trivial error was an unreasonable use of resources and a delay tactic.

Permanent Disability AdvancesCredit for OverpaymentLabor Code Section 4909Clerical ErrorPetition for ReconsiderationSanctionsBad-Faith TacticsLabor Code Section 5813WCAB Rule 10561Equitable Reasons
References
2
Case No. MISSING
Regular Panel Decision

Credit One Financial v. Anderson (In re Anderson)

Plaintiff Orrin Anderson, a debtor, had his credit card debt with Credit One discharged in bankruptcy, but the debt remained on his credit report as 'charged off.' Anderson reopened his bankruptcy case and filed a class action complaint against Credit One for alleged violations of the discharge injunction. Credit One moved to compel arbitration, strike class allegations, and dismiss for lack of subject matter jurisdiction, which the Bankruptcy Court denied. Credit One appealed the denial to compel arbitration as of right and sought leave to appeal the denials to strike class allegations and dismiss for lack of subject matter jurisdiction. The District Court denied Credit One's motion for leave to appeal, finding no basis for pendent appellate jurisdiction or interlocutory appeal for the additional issues.

Bankruptcy Discharge InjunctionClass Action WaiverSubject Matter JurisdictionInterlocutory AppealPendent Appellate JurisdictionArbitration AgreementFederal Statutory ClaimsContempt PowerPunitive DamagesInjunctive Relief
References
49
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. MISSING
Regular Panel Decision

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
Case No. ADJ8345837
Regular
Dec 04, 2015

FRANCISCO MORA vs. TIP TOP ARBORIST; TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a WCJ's order denying the defendant's third-party credit. The Board found the WCJ erred by treating the defendant's Notice of Credit as a petition and denying it without affording the defendant notice and an opportunity to be heard. This violated the defendant's due process rights, rendering the original order void. Therefore, reconsideration was granted, and the prior order was rescinded.

WCABPetition for ReconsiderationThird Party CreditFindings and OrderWorkers' Compensation Administrative Law JudgeNotice of CreditDue ProcessWCAB Rule 10450Void Ab InitioRescinded
References
7
Case No. ADJ739750 (FRE 0217695), ADJ3422922 (FRE 0217696), ADJ4620151 (FRE 0217213)
Regular
Aug 26, 2010

JERRY WILLIAMS vs. GOLDEN STATE VINTNERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded prior findings, returning the case to the trial level for further proceedings due to insufficient documentation regarding credit for benefits paid and resolution of EDD liens. The Board also issued a notice of intention to impose a $250 sanction on SCIF for failing to comply with the mandatory rule requiring a computer printout of benefits paid. This failure to provide essential information caused unnecessary delay and appeared to be a bad-faith tactic. The matter requires clarification of calculations and a clear record for review.

WCABGolden State VintnersState Compensation Insurance FundJerry Williamsmaintenance mechanicwinery workerforemancumulative traumabilateral kneeshearing loss
References
0
Case No. MISSING
Regular Panel Decision

Isereau v. Brushton-Moira School District

This case concerns consolidated appeals from Supreme Court orders granting petitioners Darrell Isereau and Jason K. Houghton leave to file late notices of claim against Brushton-Moira School District. The petitioners, employees of Bette & Cring, LLC, were injured in a construction accident in August 2002, sustaining falls of approximately 15 feet. They sought to file late notices of claim based on alleged incapacitation and the District's actual knowledge of the accident. The respondent District argued prejudice due to late notice and a subsequent insurance disclaimer. The Appellate Division affirmed the Supreme Court's orders, finding no abuse of discretion as the District had actual notice of the essential facts, and the insurance disclaimer was attributed to the District Superintendent's failure, not the petitioners' delay.

Late Notice of ClaimGeneral Municipal LawLabor Law ViolationsPersonal InjurySchool District LiabilityConstruction AccidentFall AccidentActual KnowledgePrejudiceInsurance Disclaimer
References
5
Case No. MISSING
Regular Panel Decision

Claim of Rankin v. Half Hollow Hills Central School District

Claimant, a school bus driver, suffered a work-related injury in November 2007 and filed for workers' compensation benefits in March 2008. The employer contested the claim, arguing that the claimant failed to provide timely written notice within 30 days as required by Workers' Compensation Law § 18. The Workers' Compensation Board, however, found that the claimant had given adequate oral notice and excused the failure to comply with the written notice statute, leading to the employer's appeal. The Appellate Division affirmed the Board's decision, noting that failure to provide timely written notice can be excused if notice could not be given, the employer had knowledge, or the employer was not prejudiced. The court credited the claimant's testimony that she verbally informed both a bus dispatcher and her supervisor shortly after the accident, finding substantial evidence to support the Board's determination of adequate oral notice.

Workers' Compensation Law § 18Timely NoticeOral NoticeExcused NoticeEmployer KnowledgeAppellate DivisionSubstantial EvidenceBus DriverWork-related InjuryWorkers' Compensation Board
References
4
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