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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Sep 28, 2004

In re Human Performance, Inc.

Human Performance, Inc., doing business as Woodstock Spa & Wellness, appealed a decision by the Unemployment Insurance Appeal Board. The Board had assessed Human Performance, Inc. for additional unemployment insurance contributions for massage therapists and aestheticians, classifying them as employees. Woodstock argued they were not employees. The court affirmed the Board's decision, finding that Woodstock maintained control over important aspects of the therapists' work, including setting fees, scheduling services, handling complaints, providing workers’ compensation coverage, and supplying the workspace, equipment, and supplies.

Unemployment InsuranceMassage TherapistsAestheticiansEmployer-Employee RelationshipWellness CenterDay SpaIndependent ContractorWorkers Compensation CoverageLabor LawAppeal Board Decision
References
1
Case No. MISSING
Regular Panel Decision
Apr 04, 2006

In re Tower Automotive, Inc.

Federal Insurance Company objected to a Bankruptcy Court order that recommended granting summary judgment to Tower Automotive, Inc. on Federal's obligation to pay defense costs for ERISA actions. Tower commenced the action seeking a declaration of insurance coverage for lawsuits related to its employee benefit plans. Federal denied coverage, citing an exclusion in its Fiduciary Liability Policy after Securities Actions were filed. The District Court, applying Michigan law, found both parties' interpretations of the exclusion reasonable but, due to ambiguity, construed the clause against Federal. Consequently, the District Court overruled Federal's objections and granted summary judgment in favor of Tower, affirming Federal's duty to defend.

ERISAFiduciary Liability InsuranceInsurance Coverage DisputeDuty to DefendSummary JudgmentPolicy Exclusion InterpretationContract LawMichigan Insurance LawFederal Court ReviewBankruptcy Court Findings
References
9
Case No. 13-CV-675
Regular Panel Decision
Dec 15, 2016

Pierre v. Planet Automotive, Inc.

Plaintiff Ghislaine Pierre sued Planet Automotive, Inc. and American Suzuki Financial Services alleging violations of the Truth in Lending Act (TILA), Magnuson-Moss Consumer Warranty Act (MMWA), and state law claims of fraud and false advertising arising from her vehicle purchase and its financing. Defendant Suzuki moved for summary judgment. The Court denied Suzuki's motion for summary judgment as to Plaintiff's TILA claim and state law claims, finding genuine issues of material fact regarding TILA disclosures and applying New York's assignee liability law for state claims. However, the Court granted Suzuki's motion for summary judgment as to Plaintiff's MMWA claim, concluding that the MMWA prohibits assignee liability where the assignee did not create the written warranty.

TILA violationMagnuson-Moss Consumer Warranty ActCommon law fraudFalse advertisingSummary judgmentAssignee liabilityRetail Installment ContractVehicle purchaseFinance chargesDisclosure statement
References
72
Case No. 2013-1461 K C
Regular Panel Decision
Mar 16, 2016

Performance Plus Med., P.C. v. Nationwide Ins.

This case involves an appeal by Performance Plus Medical, P.C., acting as an assignee, against Nationwide Ins. The plaintiff sought to recover assigned first-party no-fault benefits. The Civil Court had previously granted the defendant's motion for summary judgment, leading to the dismissal of the complaint. The Appellate Term affirmed this order, ruling that the defendant's timely verification request tolled the insurer's time to pay or deny the claim, thus rendering the plaintiff's action premature due to a failure to respond to the request. Additionally, the court found that the defendant had successfully demonstrated a prima facie case for denying claims related to the first cause of action based on the workers' compensation fee schedule, which the plaintiff failed to rebut.

No-fault benefitsSummary judgmentVerification requestInsurer's time to payPremature actionWorkers' compensation fee scheduleAppellate reviewCivil Court orderFirst-party benefitsAssigned claims
References
2
Case No. 2015 NY Slip Op 05114 [129 AD3d 525]
Regular Panel Decision
Jun 16, 2015

Matter of Port Auth. of N.Y. & N.J. v. Union of Automotive Technicians

This case involves an appeal regarding an arbitration award concerning an E-Z Pass benefit for retired members of the Union of Automotive Technicians. The Supreme Court, New York County, modified the arbitration award to rule that the E-Z Pass benefit is a vested lifetime benefit. The Appellate Division, First Department, affirmed this judgment, citing its disposition in previous appeals with similar issues. The court concluded that the Supreme Court reached the correct result based on established precedent.

Arbitration AwardE-Z Pass BenefitVested Lifetime BenefitPublic Employee UnionCollective BargainingAppellate ReviewJudicial PrecedentMemorandum of AgreementLabor DisputeAffirmance
References
3
Case No. CA 10-00545
Regular Panel Decision
Feb 10, 2011

HAHN AUTOMOTIVE WAREHOUSE, INC. v. AMERICAN ZURICH INSURANCE COMPANY

Hahn Automotive Warehouse, Inc. (plaintiff) initiated a breach of contract action against American Zurich Insurance Company and Zurich American Insurance Company (defendants), contending that bills issued under insurance contracts were time-barred. Defendants counterclaimed for damages stemming from plaintiff's alleged breach of these contracts. The Supreme Court partially granted plaintiff's cross-motion, deeming counterclaims for debts arising over six years prior as time-barred. Concurrently, it permitted defendants to utilize a $400,000 letter of credit to satisfy any outstanding debt, including those deemed time-barred. On appeal, the Appellate Division affirmed the use of the letter of credit for time-barred debts, reasoning that the statute of limitations only bars the remedy, not the underlying obligation. The court also affirmed that defendants' counterclaims for debts over six years old were time-barred, as the right to demand payment accrued earlier. Finally, the court modified the order to dismiss plaintiff's second through fourth causes of action. A dissenting opinion argued that the counterclaims were not time-barred, asserting that the cause of action accrued upon demand and refusal of payment, not merely when the right to demand payment existed.

Breach of contractInsurance contractsStatute of limitationsLetter of creditSummary judgmentAppellate reviewContract interpretationTime-barred claimsAccrual of cause of actionRetrospective premiums
References
23
Case No. MISSING
Regular Panel Decision

In re Automotive Service Systems, Inc.

Automotive Service Systems, Inc., a company dispatching drivers, appealed a decision by the Unemployment Insurance Appeal Board that assessed it for additional unemployment insurance contributions totaling $19,754.76. The Board had determined that an employment relationship existed between Automotive and its drivers. The Appellate Division affirmed the Board's decision, finding substantial evidence that Automotive exercised sufficient control over its drivers' work, including setting payment terms, providing trip sheets, dictating attire and vehicle type, and handling customer complaints, thereby supporting the conclusion that the drivers were employees.

Unemployment InsuranceEmployment RelationshipIndependent ContractorControl TestAppellate ReviewSubstantial EvidenceDriversDispatch ServicesLabor LawEmployer Contributions
References
8
Case No. MISSING
Regular Panel Decision

Trustees of the Mosaic & Terrazzo Welfare, Pension, Annuity & Vacation Funds v. High Performance Floors, Inc.

Plaintiffs, trustees of various employee benefit funds, brought this action under ERISA and LMRA to collect employer contributions from defendants HPF, Inc. and High Performance Floors, Inc. The plaintiffs alleged that HPF was an alter ego of, or single employer with, High Performance, aiming to evade obligations under a collective bargaining agreement. Following a non-jury trial, U.S. Magistrate Judge Steven M. Gold concluded that High Performance and HPF were indeed alter egos and constituted a single employer. This determination was based on compelling evidence of shared management, employees, operations, equipment, and a common business purpose, coupled with an intent to circumvent union obligations. Consequently, the court found the defendants jointly and severally liable for the unpaid contributions.

Alter Ego DoctrineSingle Employer DoctrineERISA EnforcementLMRA LitigationUnpaid Employer ContributionsCollective Bargaining Agreement BreachEmployee Benefit Fund ProtectionCorporate DisregardLabor Relations LawJoint and Several Liability
References
30
Case No. 2021 NY Slip Op 02769 [195 AD3d 140]
Regular Panel Decision
May 04, 2021

Robinson v. Great Performances/Artists as Waitresses, Inc.

This class action sought unpaid gratuities under Labor Law § 196-d. The central question was whether an employer has a right to contractual indemnification from a third party for claims brought under this statute. The court determined that contractual indemnification in this context is against public policy, citing similar rulings on other labor laws like the FLSA. The Supreme Court had dismissed the third-party complaint, and this appellate decision affirmed that dismissal, stating that allowing such indemnification would undermine employers' willingness to comply with their statutory obligations.

unpaid gratuitiesLabor Lawcontractual indemnificationpublic policyemployer liabilitywage violationsFair Labor Standards Act (FLSA)third-party claimsclass actionappellate review
References
12
Case No. MISSING
Regular Panel Decision

Mirrer v. Hevesi

The petitioner, a police sergeant for the Port Authority of New York and New Jersey, sought accidental and performance of duty disability retirement benefits after slipping from a fire truck due to foam on his shoes. The respondent Comptroller denied his applications, finding that the incident was not an 'accident' under the Retirement and Social Security Law, as slipping on foam was an inherent risk of his job duties, and that he was not permanently incapacitated from performing his duties. The court affirmed the Comptroller's determination, citing substantial evidence supporting both findings, including the resolution of conflicting expert medical opinions regarding permanent disability. Consequently, the petition was dismissed.

Disability Retirement BenefitsAccidental DisabilityPerformance of Duty DisabilityPolice SergeantFirefighting OperationsLa Guardia AirportSlip and FallInherent Risk of EmploymentCervical Spine InjuryExpert Medical Evidence
References
5
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