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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

Members for a Democratic Union v. Local 1101, Communications Workers

Plaintiffs, Members for a Democratic Union (MDU) and individual members, sought mandatory injunctive relief to compel defendants, Local 1101, Communications Workers of America, AFL-CIO, and its officers, to publish an advertisement promoting a 'Defense Fund' in the union's newspaper, 'The Generator'. They argued this right under section 101(a)(2) of the Labor-Management Reporting and Disclosure Act. The defendants maintained a policy of not accepting paid advertisements, only publishing free notices for union member benefits, and argued this policy was reasonable and consistently applied. The court distinguished the case from previous rulings, noting that 'The Generator' had not 'opened the forum' to commercial speech or taken a stance on the Defense Fund issue. The court also noted that plaintiffs had other viable communication channels. Ultimately, the court found the defendants' policy to be reasonable and granted their motion for summary judgment, denying the plaintiffs' motion and dismissing the action.

Labor LawUnion DemocracyFreedom of SpeechLabor-Management Reporting and Disclosure ActSummary JudgmentUnion NewspaperAdvertising PolicyInjunctive ReliefFirst AmendmentInternal Union Affairs
References
18
Case No. MISSING
Regular Panel Decision

Reich v. Federation of Catholic Teachers, Inc.

The Secretary of Labor initiated an action to set aside the March 1993 election of the Federation of Catholic Teachers' officers and council members, alleging violations of Title IV of the Labor-Management Reporting and Disclosure Act (LMRDA). The Secretary contended the election was unfair due to the official ballot promoting incumbents as "The Action Team" while listing challengers simply as "The Opposition," and improper involvement of the incumbent president, Margaret Menard, in the election process. The court found the ballot unfair, constituting a violation of 29 U.S.C. § 481(c), ruling that the incumbent slate designation "The Action Team" without a corresponding name for the opposition slate was a violation, regardless of intent. Given the close election margins, the court determined that this violation may have affected the outcome and ordered a new election under the Secretary's supervision. While the court dismissed the claim of improper involvement by Menard, it noted the election's excessive informality and casual attitude towards legal requirements, instructing future elections to ensure committee independence and adherence to Department of Labor guidelines.

Labor-Management Reporting and Disclosure ActLMRDA Title IVUnion ElectionElection ViolationUnfair BallotIncumbent SlateOpposition SlateExhaustion of RemediesPrima Facie CaseBurden of Proof
References
5
Case No. ADJ15370512
Regular
Mar 10, 2025

Antonio Luna Alvarez vs. Subsequent Injuries Benefits Trust Fund

The Subsequent Injuries Benefits Trust Fund (SIBTF) petitioned for reconsideration of a December 10, 2024 Amended Findings and Award, arguing that applicant Antonio Luna Alvarez did not meet the SIBTF eligibility threshold. SIBTF contended that the applicant's subsequent lumbar injury did not affect the opposite and corresponding member of his preexisting coronary artery disability, his preexisting disabilities were not labor disabling, and Dr. Suresh Mahawar's medical reports lacked substantial evidence. The Workers' Compensation Appeals Board granted the SIBTF's petition for reconsideration, deferring a final decision for further review of the merits and the entire record.

Subsequent Injuries Benefits Trust FundSIBTFpermanent partial disabilityopposite and corresponding memberlabor disablingsubstantial medical evidencePetition for ReconsiderationActivities of Daily LivingADLscardiovascular disease
References
12
Case No. MISSING
Regular Panel Decision
Aug 04, 1981

Milburn v. Mcniff

This case concerns an appeal challenging the constitutionality of the New York State Department of Correctional Services' inmate correspondence program. The plaintiff, an inmate named Louis Milburn, contended that his First Amendment rights were violated when his letters to the Poughkeepsie Journal were returned, allegedly due to censorship under Departmental Directive 4422. The Supreme Court, Dutchess County, initially issued an order restricting the department from imposing greater restrictions on news media correspondence. However, the appellate court, finding a lack of factual findings and confusion regarding prior remittal instructions, again remitted the matter for a comprehensive factual hearing. This hearing is to determine the reasons for the letters' return, examine the department's directives on mail inspection and censorship, and balance governmental interests against inmates' constitutional rights, with the appeal held in abeyance.

Inmate CorrespondenceCensorshipFirst AmendmentConstitutional RightsCorrectional FacilitiesNews MediaDue ProcessAdministrative DirectivesDeclaratory JudgmentRemittal
References
7
Case No. ADJ1220987 (SJO 0262634)
Regular
Nov 17, 2010

RICHARD GILLISPIE vs. PLASTECH, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) appealed an award of benefits to an applicant with a pre-existing disability, arguing a subsequent industrial back injury did not cause pathology in the opposite leg as required by statute. The Appeals Board affirmed the award, finding that Labor Code section 4751 only requires the subsequent injury to "affect" the opposite member, not necessarily cause direct pathology. Evidence showed the applicant's low back injury caused verified radiculopathy and impaired leg function, meeting the statutory requirement. The Board found SIBTF's legal arguments unpersuasive and the WCJ's findings supported by substantial evidence.

Subsequent Injuries Benefits Trust FundLabor Code section 4751industrial injurylow backradiculopathypermanent disabilityopposite and corresponding memberpathologyAMA GuidesDRE category III
References
2
Case No. 2023 NY Slip Op 01051
Regular Panel Decision
Feb 23, 2023

Lindsay v. CG Maiden Member, LLC

The Appellate Division, First Department, affirmed an order granting plaintiff Nathaniel Lindsay partial summary judgment on his common-law negligence and Labor Law §§ 200 and 240 (1) claims against Five Star Carting, L.L.C. Lindsay testified he fell from an unsecured and wet A-frame ladder while trying to close a leaking valve, establishing an elevation-related risk under Labor Law § 240 (1). The court found defendant failed to provide proper protection and that the defendant's workers created the dangerous condition leading to the accident for the negligence and Labor Law § 200 claims. Despite defendant's arguments about inconsistent statements regarding the injury, this evidence did not controvert the plaintiff's testimony about the fall. The decision confirmed plaintiff's entitlement to partial summary judgment.

Elevation-related riskLadder AccidentSummary JudgmentCommon-law NegligenceLabor Law § 200Labor Law § 240 (1)Construction Site InjuryWorkplace SafetyFall AccidentAppellate Decision
References
7
Case No. MISSING
Regular Panel Decision

Lewittes & Sons v. United Furniture Workers of America

Plaintiffs, members of a copartnership, initiated an action against defendant-unions seeking damages for the alleged breach of a collective bargaining agreement's "no strike" clause. The defendants moved for a stay of the trial pending arbitration, citing the United States Arbitration Act. Plaintiffs opposed, arguing that the arbitration clause did not cover damage claims and that Section 1 of the Arbitration Act, which excludes certain employment contracts, should apply to the entire Act, thereby precluding a stay. The court found that the broad language of the arbitration clause encompassed claims for damages arising from a breach of the no-strike pledge. Furthermore, the court clarified that while the exception in Section 1 of the Arbitration Act applies to the entire Act, a collective bargaining agreement is not considered a "contract of employment" in the context of this exception. Consequently, the motion for a stay was granted, promoting arbitration as a means for peaceful labor dispute resolution.

Labor-Management Relations ActUnited States Arbitration ActCollective Bargaining AgreementArbitration ClauseNo-Strike ClauseStay of ProceedingsContract of EmploymentInterstate CommerceJudicial InterpretationFederal Court
References
15
Case No. MISSING
Regular Panel Decision

Reliance Insurance v. Certain Member Companies

Plaintiffs Reliance Insurance Company and New York Marine & General Insurance Company commenced this action seeking a declaratory judgment to void a reinsurance binder ab initio. Defendants, Certain Member Companies of the Institute of London Underwriters, issued this binder covering plywood cargo. A cargo fire on the vessel SAMICK NORDIC destroyed the plywood, leading to a dispute over a $2,043,740.24 reinsurance coverage. Plaintiffs argued they were misled by brokers into believing the reassured was retaining a portion of the risk, a customary practice, whereas the London Underwriters had ceded 100% of the FPA risk. The court found that plaintiffs reasonably believed in retention and were indeed misled by the brokers' actions and omissions, constituting a violation of the duty of uberrimae fidei, or utmost good faith. Consequently, the court entered judgment in favor of the plaintiffs, declaring the reinsurance binder void ab initio and dismissing the defendants' counterclaim.

Reinsurance disputeMarine insuranceDeclaratory judgmentUberrimae fideiBroker misleadingDuty to discloseFPA riskCargo insuranceContract void ab initioGood faith in insurance
References
10
Case No. MISSING
Regular Panel Decision

Guzman v. Bevona

Carlos Guzman, a member and former shop steward of Local 32B-32J, sued the Union's Joint Executive Board for violating his rights under the LMRDA and LMRA, and for intentional infliction of emotional distress under state law. Guzman alleged he was retaliated against for protesting union dues and salaries, specifically by being excluded from a meeting, subjected to surveillance by union-hired private investigators, and having his work hours reduced. The defendants moved to dismiss the claims. The court denied the motion to dismiss, finding that Guzman's claims had sufficient grounds to proceed, including potential damages for breach of union constitution and for extreme and outrageous conduct causing emotional distress.

Labor Management Reporting and Disclosure ActLabor Management Relations ActFreedom of Speech and AssemblyUnion Dues ProtestShop Steward ExclusionSurveillanceIntentional Infliction of Emotional DistressMotion to DismissUnion Constitution BreachRetaliation
References
19
Case No. MISSING
Regular Panel Decision

Peacock v. Wurf

Plaintiffs, members of Local 420 of AFSCME, initiated an action against Jerry Wurf, President of AFSCME, and later James Butler, President of Local 420, seeking to enjoin internal union disciplinary hearings. The District Court granted a temporary restraining order. The initial action became moot when Butler withdrew his charges against the plaintiffs, leading to dismissal by consent. This memorandum opinion addresses the plaintiffs' subsequent application for attorneys' fees. The Court granted the application, finding that the plaintiffs provided a substantial benefit to the union membership by defending their free speech rights under the Labor Management Reporting and Disclosure Act (LMRDA), aligning with the 'common benefit' doctrine established in Hall v. Cole.

Union DemocracyLMRDAFree Speech RightsAttorneys' FeesCommon Benefit DoctrineInternal Union DisputeRetaliationInjunctive ReliefDismissalSuccessful Litigants
References
10
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