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

Case No. 2023 NY Slip Op 06763 [222 AD3d 1013]
Regular Panel Decision
Dec 27, 2023

Rodriguez v. 27-11 49th Ave. Realty, LLC

The plaintiff, Tomas Rodriguez, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendant Mana Products, Inc., dismissing the complaint against it. Rodriguez had sued 27-11 49th Avenue Realty, LLC, and Mana after a slip and fall in a factory. The defendants argued that the complaint against Mana was barred by the exclusivity provisions of the Workers' Compensation Law, claiming Rodriguez was Mana's special employee. The Appellate Division affirmed the lower court's decision, finding that the defendants established a prima facie case for summary judgment based on Rodriguez's deposition testimony, indicating Mana controlled his work details, thus establishing a special employment relationship as a matter of law.

Special Employee DoctrineWorkers' Compensation ExclusivitySummary Judgment GrantPersonal Injury ClaimAppellate Division Second DepartmentControl over WorkEmployer LiabilityPlaintiff's AppealDefendant's MotionSlip and Fall Accident
References
5
Case No. 526652
Regular Panel Decision
Nov 15, 2018

Matter of Hughes v. World Trade Ctr. Volunteerr Fund

The case involves Rachel Hughes, a volunteer at the World Trade Center site, who established a claim for multiple injuries including gastroesophageal reflux disease, asthma, PTSD, depression, and anxiety, for which she was awarded workers' compensation benefits. Her benefits were later suspended. She sought an award for causally-related lost time, which a Workers' Compensation Law Judge initially granted from March 11, 2008, through October 27, 2016. However, the Workers' Compensation Board modified this decision, affirming entitlement to continued medical treatment but rescinding the award for lost time from July 10, 2009, through October 27, 2016, due to insufficient medical evidence. On appeal, the Appellate Division affirmed the Board's decision, finding its rejection of the claimant's clinical psychologist's testimony as unreliable was justified due to inconsistencies in his statements and notes. The Court reiterated that the burden lies with the claimant to establish a continuing causally-related disability, and the Board's finding was supported by substantial evidence.

Workers' CompensationVolunteer InjuriesGastroesophageal Reflux DiseaseExtrinsic AsthmaChronic SinusitisPosttraumatic Stress DisorderDepressionAnxietyDisability BenefitsMedical Evidence
References
5
Case No. 2023 NY Slip Op 03384 [217 AD3d 1210]
Regular Panel Decision
Jun 22, 2023

Attreed v. Five Star Elec. Corp.

Claimant Kenneth Attreed sustained knee injuries at work, leading to a claim for workers' compensation benefits. Initially, a WCLJ granted him temporary total and partial disability awards. Later, the Workers' Compensation Board modified this decision, ruling that Attreed voluntarily removed himself from the labor market and was not entitled to indemnity benefits from September 28, 2021. Attreed appealed, arguing the Board erred in its finding and the effective date. The Appellate Division, Third Department, affirmed the finding of voluntary withdrawal but held that the proper date for the finding of no labor market attachment was October 25, 2021, the date of testimony, not September 27, 2021, when the issue was raised. Consequently, the court reversed the Board's decision regarding benefits from September 28, 2021, to October 26, 2021, and remitted the matter for further proceedings concerning benefits subsequent to Attreed's October 20, 2021 surgery.

Workers' CompensationLabor Market AttachmentDisability BenefitsVoluntary WithdrawalIndemnity BenefitsTemporary Partial DisabilityTemporary Total DisabilityAppellate ReviewBoard DecisionCOVID-19 Pandemic
References
6
Case No. MISSING
Regular Panel Decision
Jul 02, 2012

Next Phase Distribution, Inc. v. John Does 1-27

Plaintiff Next Phase Distribution, Inc. filed a motion seeking leave for early discovery to identify John Doe defendants who allegedly infringed copyright by downloading their pornographic film via BitTorrent. The Court initially ordered Next Phase to show cause why John Does 2-27 should not be severed. After reviewing Next Phase's response and considering a district-wide split in similar cases, the Court sua sponte exercised its discretion to sever and dismiss without prejudice all claims against John Does 2-27 due to potential for differing defenses, risk of false positives, and the sensitive nature of the subject matter. The Court then granted Next Phase’s Motion for Discovery solely for John Doe 1 and issued a protective order to maintain confidentiality, citing the need for information to identify John Doe 1 and the routine deletion of ISP logs.

Copyright InfringementBitTorrentPeer-to-peer networkJohn Doe defendantsExpedited discoverySeverance of claimsFederal Rules of Civil Procedure Rule 20(a)Federal Rules of Civil Procedure Rule 20(b)Federal Rules of Civil Procedure Rule 21Federal Rules of Civil Procedure Rule 42(b)
References
24
Case No. MISSING
Regular Panel Decision

Carnibucci v. New York State Executive Department Division for Youth

Petitioner, a Youth Division Aide IV, was terminated on August 10, 1991, under Civil Service Law § 71 due to alleged cumulative absences exceeding one year from a work-related back injury. Petitioner challenged the termination in a CPLR article 78 proceeding, asserting a second back injury was unrelated to the first. The Workers’ Compensation Board subsequently ruled on May 27, 1992, that the second injury was indeed unrelated, leading to petitioner's reinstatement on October 18, 1992. The Supreme Court initially awarded back pay only until the Board's determination date. However, the appellate court modified this judgment, directing that back pay should be awarded from the date of wrongful termination, August 10, 1991, until the date of actual reinstatement, October 18, 1992.

Public EmploymentWrongful TerminationBack PayReinstatementCivil Service LawWorkers' CompensationAppellate DivisionArticle 78 ProceedingDisability BenefitsState Employee
References
3
Case No. MISSING
Regular Panel Decision

Morin v. Empiyah & Co., LLC

Plaintiffs, represented by Patrick Morin (Empire State Regional Council of Carpenters) and union trust fund trustees, sought unpaid wages and benefits against contractor Empiyah & Company and its surety, Gulf Insurance Company. The action stemmed from carpentry work on the Stony Point Golf Club clubhouse, with claims brought under federal labor laws and New York State Finance Law § 137. After Empiyah defaulted, plaintiffs moved for summary judgment against Gulf. The court, presided by Judge Chin, granted summary judgment, holding Gulf liable under the bond for both actual work performed from October 20-23, 2003, and for wages during the strike days of October 24, 27, and 28, 2003. The decision emphasized Section 137's remedial nature and concluded that Gulf's surety liability extended to Empiyah's obligations, including strike pay, under the Collective Bargaining Agreement.

Unpaid wagesFringe benefitsSurety bondLabor Management Relations ActERISANew York State Finance Law Section 137Summary judgmentPublic improvement contractStrike wagesContractor liability
References
20
Case No. 535098
Regular Panel Decision
Jun 22, 2023

In the Matter of the Claim of Kenneth Attreed

The claimant, Kenneth Attreed, sustained knee injuries at work and filed for workers' compensation benefits. Initially, a WCLJ established the claim and granted temporary total and partial disability awards. Following a subsequent hearing where the employer's carrier raised issues of voluntary withdrawal and lack of labor market attachment, the Workers' Compensation Board modified the WCLJ's determination, finding that the claimant voluntarily removed himself from the labor market and thus had no compensable lost time from September 28, 2021, onward. The Appellate Division, Third Judicial Department, modified the Board's decision, agreeing that the claimant's withdrawal was voluntary but finding that the Board erred in determining the start date of no labor market attachment. The court ruled that the applicable date should be October 25, 2021, when the claimant testified, not September 27, 2021, when the issue was raised. The matter was remitted to the Board to address eligibility for indemnity benefits subsequent to the claimant's October 20, 2021, surgery.

Workers' Compensation BenefitsVoluntary Withdrawal from Labor MarketLabor Market AttachmentTemporary Partial DisabilityTemporary Total DisabilityAppellate DivisionThird Judicial DepartmentClaimant AppealIndemnity BenefitsKnee Injury
References
6
Case No. ADJ4049178 (OAK 0330268)
Regular
Jan 16, 2009

LARRY NADEAU vs. SANACT, INC., SUPERIOR NATIONAL INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, STATE COMPENSATION INSURANCE FUND

Reconsideration granted; October 27, 2008 Findings of Fact and Order rescinded; matter returned to trial level for further proceedings.

Workers' Compensation Appeals BoardCumulative traumaSpecific injuryMedical evidenceQualified Medical EvaluatorReconsiderationSubstantial evidenceFurther development of the recordOpinion and orderAgreed medical evaluator
References
0
Case No. 2018 NY Slip Op 06918 [167 AD3d 27]
Regular Panel Decision
Oct 17, 2018

Matter of Keanu S.

Keanu S., a juvenile delinquent, appealed the Family Court's denial of his renewed motion for specific findings to enable him to petition for special immigrant juvenile status (SIJS). The Family Court denied the motion, ruling that placement in a juvenile delinquency matter does not satisfy the dependency requirement of 8 USC § 1101 (a) (27) (J). The Appellate Division, Second Department, agreed with the Family Court's determination, holding that Keanu S. was not an intended beneficiary of the SIJS provisions because his placement was due to criminal acts, not abuse, neglect, or abandonment. The Court affirmed the order, emphasizing that the SIJS scheme is intended for abused, neglected, or abandoned children, and that using juvenile delinquency adjudications as a conduit for SIJS would contradict congressional intent. The dissenting opinion argued that the plain language of the statute, federal immigration policy, and state law do not exclude children in juvenile delinquency placements from meeting the dependency requirement for SIJS.

Special Immigrant Juvenile StatusJuvenile DelinquencyDependency RequirementImmigration LawFamily Court DecisionAppellate ReviewStatutory InterpretationChild CustodyAbuse and NeglectAbandonment
References
45
Case No. MISSING
Regular Panel Decision

Freilich v. Fleischer

This order affirms the denial of the defendant's motion to vacate a temporary injunction. The temporary injunction was originally granted on May 27, 1923. The court unanimously affirmed the denial, awarding twenty dollars in costs and disbursements, without providing a written opinion. The panel included Justices Martin, P. J., Merrell, McAvoy, O’Malley, and Untermyer, JJ.

temporary injunctionmotion to vacateappellate decisionaffirmedcosts and disbursementsno opinionjudicial paneldenial of motioncivil procedure
References
0
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