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

Case No. ADJ7829294; ADJ7082968
Regular
Sep 24, 2012

PASTOR ALMENDARES vs. FIESTA WAREHOUSE LLC, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied Pastor Almendares' petition for reconsideration regarding his claims for industrial injuries. The Board found the applicant's testimony lacked credibility, which was a primary basis for the original denial of his claims for knee, low back, and psyche injuries. Furthermore, the applicant's petition was deemed "skeletal" and failed to meet regulatory requirements for evidentiary references. Therefore, the Board adopted the WCJ's report and denied the petition.

Workers' Compensation Appeals BoardPastor AlmendaresFiesta Warehouse LLCInsurance Company of the WestJoint Findings and Orderindustrial injurycredible witnessburden of proofskeletal petitionDWC/WCAB Form 45
References
2
Case No. MISSING
Regular Panel Decision

Franco v. Long Island Railroad

Plaintiff appealed an order from the Supreme Court, Suffolk County, dated August 6, 1981, which granted summary judgment to defendants Liguori and Pastore and dismissed the complaint for lack of subject matter jurisdiction. The plaintiff, who was discharged from Long Island Railroad, initially filed 25 causes of action, including defamation and conspiracy against individual defendants, and wrongful discharge against the railroad. After the case was removed to Federal District Court, plaintiff discontinued claims against the railroad, and the 23 common-law causes of action were remitted to the New York State Supreme Court. The State Supreme Court again granted summary judgment to the individual defendants, citing pre-emption by the Federal Railway Labor Act. However, the appellate court reversed this decision, holding that the Railway Labor Act does not apply to common-law actions solely between employees, and therefore denied the individual defendants' motion for summary judgment.

Wrongful DischargeDefamationConspiracyRailway Labor ActSubject Matter JurisdictionSummary JudgmentExhaustion of Administrative RemediesFederal PreemptionCommon-Law ActionsAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Nuara v. State of New York Workers' Compensation Board

Petitioners, two terminated group self-insured trusts (GSITs), challenged monetary assessments levied against them by the New York State Workers' Compensation Board and its chairman. The assessments were imposed pursuant to various sections of the Workers’ Compensation Law, utilizing a "pure premium calculation" method established by 2007 amendments. The court considered new 2008 legislation that further amended the calculation method for ceased self-insurers but declined to apply it retroactively. Ultimately, the court found the Board's interpretation of "the preceding year" in its pure premium calculation for terminated GSITs to be unreasonable and contrary to the clear statutory language. Consequently, the levied assessments were annulled and vacated.

Group Self-Insured TrustsMonetary AssessmentsStatutory InterpretationRetroactive ApplicationPure Premium CalculationAdministrative LawCPLR Article 78Legislative IntentStatutory ConstructionSelf-Insurance Liabilities
References
19
Case No. 2020 NY Slip Op 03708
Regular Panel Decision
Jul 02, 2020

Matter of Roberts v. Eastman Kodak Co.

Claimant Shirley Roberts, injured in 1989, received workers' compensation benefits for a permanent partial disability. In 2017, her employer alleged she violated Workers' Compensation Law § 114-a by making a material misrepresentation, citing video surveillance of her performing duties as a church pastor despite reporting no volunteer work. A Workers' Compensation Law Judge found insufficient evidence of a violation, a decision affirmed by the Workers' Compensation Board. The Board credited Roberts' testimony that she did not consider her church activity as work or volunteer work, but rather spiritual worship. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence as the Board is the sole arbiter of credibility.

Workers' CompensationMisrepresentationDisability BenefitsCredibilityVideo SurveillanceChurch PastorVolunteer WorkMaterial FactPermanent Partial DisabilityAppellate Division
References
7
Case No. MISSING
Regular Panel Decision

Rojas v. Roman Catholic Diocese of Rochester

Plaintiff Sandra Rojas sued the Diocese of Rochester and Pastor Peter Enyan-Boadu, alleging hostile environment discrimination and retaliation based on sex under Title VII and the New York Human Rights Law, along with state common-law claims for assault and battery. Rojas, employed as a Coordinator for Hispanic Migrant Ministry, claimed sexual advances by Enyan-Boadu and subsequent termination after reporting a hostile environment. Defendants moved to dismiss, citing the 'ministerial exception' and insufficient pleading for retaliation. The court denied dismissal under Rule 12(b)(1) for lack of subject matter jurisdiction but granted dismissal of the retaliation claims without prejudice under Rule 12(b)(6), allowing Rojas to amend her complaint.

Employment DiscriminationSexual HarassmentHostile Work EnvironmentRetaliation ClaimsMinisterial Exception DoctrineReligious OrganizationsFirst Amendment RightsRule 12(b)(1) MotionRule 12(b)(6) MotionTitle VII Civil Rights Act
References
32
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