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

Case No. 2018 NY Slip Op 01980, 525411
Regular Panel Decision
Mar 22, 2018

Matter of Portlette v. Manhattan & Bronx Surface Tr. Operating Auth.

Claimant Oneshiua Portlette, a bus operator, appealed a Workers' Compensation Board decision denying her claim for benefits. Initially, her employer, Manhattan & Bronx Surface Transit Operating Authority, paid benefits for injuries Portlette reported sustained in a bus accident. However, the employer later suspended payments and raised fraud concerns after video evidence contradicted Portlette's account of the incident and her injuries. A Workers' Compensation Law Judge (WCLJ) and subsequently the Board found that Portlette failed to prove a causally-related injury and made material misrepresentations. The Appellate Division affirmed the Board's decision, finding no error in the Board's consideration of the employer's evidence despite a lack of timely notice of controversy, and upholding the Board's resolution of conflicting medical opinions which supported that no causally-related injury occurred.

Workers' CompensationCausationFraudVideo EvidenceMedical OpinionNotice of ControversyPreclusionAppellate ReviewBus OperatorInjury Claim
References
7
Case No. MISSING
Regular Panel Decision
Apr 08, 2009

Tepperwien v. Entergy Nuclear Operations, Inc.

Plaintiff James Tepperwien filed a Title VII action against his former employer, Entergy Nuclear Operations, Inc., alleging same-sex sexual harassment by a co-worker, Yito Messina, and subsequent retaliation. The harassment included physical assault and sexually explicit remarks, which Tepperwien reported to management. Entergy moved for summary judgment on claims of hostile work environment, retaliation, and constructive discharge. The court denied summary judgment on the hostile work environment and a portion of the retaliation claim, finding sufficient factual disputes for trial. However, the court granted summary judgment to Entergy on the constructive discharge claim, concluding that the plaintiff's working conditions were not objectively intolerable.

Same-sex harassmentTitle VIIHostile work environmentRetaliationConstructive dischargeSummary judgmentWorkplace discriminationSexual harassmentEmployer liabilityFederal court decision
References
50
Case No. MISSING
Regular Panel Decision

Mayes v. Local 106, International Union of Operating Engineers

The case involves plaintiff George A. Mayes suing Local 106, International Union of Operating Engineers, and its officers for alleged discrimination in job referrals and denial of rights under the Labor-Management Reporting and Disclosure Act (LMRDA). The defendants counterclaimed, seeking expenses incurred from Mayes' "baseless charges" against union members James Tommaney and Dan Lewis, citing violations of the Union's constitution and state law tort and breach of contract claims. Mayes moved for summary judgment, arguing good faith in filing charges under LMRDA and lack of court jurisdiction over the counterclaims. The court found material factual disputes regarding Mayes' motives, asserting jurisdiction over the counterclaims under 29 U.S.C. § 185. It also determined that the tort and breach of contract claims were sufficiently pleaded, thereby denying Mayes' motion for summary judgment and allowing the counterclaims to proceed.

Labour LawUnion DisputeSummary JudgmentCounterclaimsLMRDAFree SpeechUnion ConstitutionJurisdictionTort ClaimsBreach of Contract
References
13
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers, Local 17 v. Union Concrete & Construction Corp.

Plaintiff International Union of Operating Engineers, Local 17, AFL-CIO ("Local 17") filed a grievance against Union Concrete and Construction Corporation ("UCC") to compel arbitration regarding UCC's emergency snow removal work for Erie County in November 2014, alleging violations of their Collective Bargaining Agreement (CBA). UCC argued the work was not covered by the CBA's "Heavy and/or Highway Construction" definition, rendering the arbitration clause inapplicable. Magistrate Judge Jeremiah J. McCarthy issued a Report and Recommendation to grant UCC's motion for summary judgment and deny Local 17's. United States District Judge Richard J. Arcara conducted a de novo review and adopted the Magistrate Judge's findings in their entirety, concluding that the emergency snow removal work did not constitute "Heavy and/or Highway Construction" under the CBA. Consequently, Local 17’s motion for summary judgment to compel arbitration was denied, and UCC’s motion for summary judgment was granted, leading to the closure of the case.

Labor Management Relations ActCollective Bargaining AgreementArbitrabilitySummary JudgmentContract InterpretationEmergency Snow RemovalHeavy ConstructionHighway ConstructionScope of Arbitration ClauseDe Novo Review
References
26
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. 2020 NY Slip Op 07342 [189 AD3d 970]
Regular Panel Decision
Dec 09, 2020

Benitez v. Bolla Operating LI Corp.

Walter Hernandez Benitez, a former deli worker, initiated a putative class action against Bolla Operating LI Corp. and other entities. He sought unpaid 'spread-of-hours' compensation, alleging that his employment at various Bolla Market locations entitled him to such pay under the Hospitality Industry Wage Order. The defendants successfully moved to dismiss the complaint for failure to state a cause of action, a decision affirmed by the Supreme Court, Nassau County. The Appellate Division, Second Department, further affirmed this ruling, concluding that the Bolla Market locations did not meet the regulatory definitions of 'restaurants' or '[f]ast [f]ood [e]stablishments.' Consequently, the plaintiff was not entitled to the claimed spread-of-hours compensation, and his motion for class action certification was denied as academic.

Unpaid WagesSpread-of-Hours CompensationHospitality Industry Wage OrderClass ActionMotion to DismissCPLR 3211Deli WorkersRestaurant DefinitionFast Food EstablishmentAppellate Division
References
6
Case No. 2022 NY Slip Op 07123 [211 AD3d 1298]
Regular Panel Decision
Dec 15, 2022

Matter of Lambert v. Manhattan & Bronx Surface Tr. Operating Auth.

The case involves Joseph Lambert, a claimant seeking workers' compensation benefits for work-related repetitive use injuries. A Workers' Compensation Law Judge (WCLJ) initially awarded a schedule loss of use (SLU) for his right arm, left arm, and right leg, payable weekly. Subsequently, Lambert requested the remaining SLU award be paid in a lump sum, which the WCLJ and the Workers' Compensation Board affirmed. The employer, Manhattan and Bronx Surface Transit Operating Authority, appealed this decision, arguing that a lump sum request must be made at the time of the initial award. The Appellate Division, Third Department, affirmed the Board's decision, ruling that Workers' Compensation Law §§ 15 (3) (u) and 25 (1) (b) do not impose time limitations on an injured employee's request for a lump sum payment of an SLU award.

Schedule Loss of UseLump Sum PaymentWorkers' Compensation BoardAppellate DivisionStatutory InterpretationPermanent Partial DisabilityClaimant RightsEmployer AppealLegislative IntentPayment Timing
References
8
Case No. 2015 NY Slip Op 06564 [132 AD3d 149]
Regular Panel Decision
Aug 18, 2015

Matter of Phillips v. Manhattan & Bronx Surface Tr. Operating Auth.

This case concerns the termination of bus driver Tony Aiken by the Manhattan and Bronx Surface Transit Operating Authority (Transit Authority) for sexual harassment. Aiken, also a union official, was on union-paid release time when the termination was imposed. His union challenged the discipline, arguing the collective bargaining agreement (CBA) protected employees on release time from disciplinary action. An arbitrator sided with the union, ordering Aiken's reinstatement. The Supreme Court confirmed this award. However, the Appellate Division reversed, ruling that the arbitrator's interpretation of the CBA and the resulting reinstatement violated a well-defined public policy against sexual harassment in the workplace. The court emphasized the employer's legal obligation under Title VII and New York Human Rights Laws to prevent and address sexual harassment, and concluded that upholding the award would impede the Transit Authority's ability to fulfill this duty and deter future misconduct.

Sexual harassmentEmployment terminationCollective Bargaining AgreementArbitration awardPublic policy exceptionReinstatementUnion-paid release timeWorkplace disciplineTitle VIINew York City Human Rights Law
References
8
Case No. MISSING
Regular Panel Decision
Jan 27, 1965

Rivera v. Hellman

This case involves a motion to confirm a Special Referee's report concerning the amounts and priorities of various liens. The Special Referee conducted a hearing and reported on claims from an attorney for the plaintiff ($793.50), Roosevelt Hospital ($846.53), and the Millinery Health Fund ($641.00, later adjusted to $528). The report established the amounts of each lien and recommended priorities, placing the attorney's lien first, followed by the hospital lien (except for a $12 outpatient service), and then the compensation lien. The court concurred with the Special Referee's report and recommendations, granting the motion to confirm.

Lien PriorityAttorney's LienHospital LienDisability BenefitsWorkmen's Compensation LawSpecial Referee ReportMotion GrantedNew York Supreme CourtLien LawMotion Practice
References
2
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers Local Union No. 17 v. Swank Associated Co.

The International Union of Operating Engineers, Local Union No. 17, initiated an action to compel arbitration against Swank Associated Company, Inc., following a labor grievance. Swank removed the case to federal court and filed a third-party action against Local 210, arguing the matter constituted a jurisdictional dispute not subject to arbitration. The court, presided over by Magistrate Judge Schroeder, examined the collective bargaining agreement to determine the arbitrability of the dispute. It concluded that while an arbitrator could determine if the issue was a jurisdictional dispute, they could not resolve it on the merits if it was found to be jurisdictional. Consequently, the plaintiff's motion for judgment on the pleadings was denied, and the grievance was directed to arbitration solely to ascertain whether it constituted a jurisdictional dispute under the agreement.

Labor LawArbitration AgreementJurisdictional DisputesCollective BargainingLabor Management Relations ActFederal CourtPleadings MotionContract InterpretationArbitrabilityUnion Rights
References
6
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