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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

Meehan v. United States Postal Service

Plaintiff James Meehan, Administrator of Michael J. Meehan's estate, initiated an action against the U.S. Postal Service, U.S.A., and U.S. Office of Personnel Management under the Federal Group Life Insurance Act (FEGLI). He alleged that his son, Michael J. Meehan, was wrongfully denied free life insurance, despite having signed a waiver during his employment. Defendants sought summary judgment, contending that the court lacked subject matter jurisdiction because the plaintiff had failed to exhaust the mandatory grievance and arbitration procedures outlined in the collective bargaining agreement. The court concurred with the defendants, ruling that the claim constituted a breach of the collective bargaining agreement, thereby necessitating the exhaustion of administrative remedies prior to judicial review. Additionally, the court noted that the action would have been time-barred by the six-month statute of limitations and that Meehan had properly waived his life insurance.

Federal Group Life Insurance ActSummary JudgmentSubject Matter JurisdictionSovereign ImmunityCollective Bargaining AgreementGrievance ProceduresArbitrationExhaustion of Administrative RemediesStatute of LimitationsLife Insurance Waiver
References
25
Case No. MISSING
Regular Panel Decision

Patricia v. Delford Industries, Inc.

Plaintiff Carrie Patricia brought an action under Section 301(a) of the Labor Management Relations Act against her former employer, Delford Industries, Inc., and her bargaining representatives, Local 546 and the International Union. Patricia alleged wrongful termination by Delford and a breach of the duty of fair representation by the unions for their handling of her grievance. The court considered motions for summary judgment from all parties and Patricia's motion to amend her complaint. The motions for summary judgment by Local 546, Delford, and Patricia were denied. The International Union's motion for summary judgment was granted, and Patricia's motion to amend her complaint was also granted.

Labor Management Relations ActDuty of Fair RepresentationCollective Bargaining AgreementWrongful TerminationSummary Judgment MotionMotion to Amend ComplaintFederal Civil ProcedureRes JudicataCollateral EstoppelUnemployment Benefits Claim
References
15
Case No. ADJ1654619
Regular
Jun 29, 2011

PATRICIA MEEHAN vs. KAISER FOUNDATION, COMPREHENSIVE COMM. HOME HEALTH, UCSF, FRANKLIN BENEVOLENT CENTER; INTERCARE ROSEVILLE, KAISER OAKLAND, COUNTY OF CONTRA COSTA, SEDGWICK UC 14533 OAKLAND

This case, ADJ1654619, concerns Patricia Meehan's workers' compensation claim against Kaiser Foundation and other entities. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a prior decision. The Board adopted and incorporated the report of the workers' compensation administrative law judge as the basis for this denial. Therefore, the petitions for reconsideration are denied.

Patricia MeehanKaiser FoundationWorkers' Compensation Appeals BoardReconsideration DeniedAdministrative Law Judge ReportADJ1654619WCK 0059968Comprehensive Comm. Home HealthUCSFFranklin Benevolent Center
References
0
Case No. 2016 NY Slip Op 07163 [144 AD3d 640]
Regular Panel Decision
Nov 02, 2016

Meehan v. County of Suffolk

The plaintiff, Michelle Meehan, sustained personal injuries in a vehicular accident with Roslyn Birnbaum, who was performing work for the County of Suffolk and Suffolk County Child Protection Services. Meehan initiated a consolidated action, asserting that the county defendants were vicariously liable for Birnbaum's alleged negligence. The county defendants sought summary judgment, contending that Birnbaum was an independent contractor rather than an employee, thus negating vicarious liability. The Supreme Court, Suffolk County, granted summary judgment in favor of the county defendants, dismissing the complaint against them. On appeal, the Appellate Division affirmed this decision, finding that the county defendants had established Birnbaum's status as an independent contractor and the plaintiff failed to present a triable issue of fact regarding an employer-employee relationship.

Vicarious LiabilityIndependent ContractorRespondeat SuperiorSummary JudgmentEmployer-Employee RelationshipControl TestPersonal InjuryAutomobile AccidentAppellate DivisionNew York Law
References
10
Case No. CA 11-00560
Regular Panel Decision
Dec 23, 2011

DEROSA, PATRICIA v. DYSTER, PAUL

Patricia DeRosa, a retired employee of the City of Niagara Falls, commenced a CPLR article 78 proceeding seeking post-employment health insurance coverage or opt-out payments. The Supreme Court partially granted her petition against the City. The Appellate Division modified the judgment, concluding that the petitioner was not required to exhaust administrative remedies before commencing the proceeding, as she was not an "employee" when she became aggrieved and thus no grievance procedure was available under the Collective Bargaining Agreement (CBA). However, the court found that the Memorandum of Understanding (MOU) permitted only qualified *employees* to opt out of the health care plan, not retirees. Therefore, the judgment was modified to dismiss the part of the petition seeking to compel opt-out payments from the City, while affirming the part that entitled her to enroll in the health care plan at no cost. A dissenting opinion argued that the petitioner failed to exhaust her administrative remedies, and the petition should have been dismissed in its entirety.

CPLR Article 78Health InsuranceOpt-out PaymentsCollective Bargaining AgreementAdministrative RemediesRetiree BenefitsExhaustion of RemediesAppellate ReviewMunicipal LawLabor Law
References
23
Case No. MISSING
Regular Panel Decision

Meehan v. Patchogue-Medford School District

Bradley Meehan, a student with Attention Deficit Disorder, sued the Patchogue-Medford School District under various federal and state disability laws, alleging the school failed to provide appropriate educational services for his needs. The School District filed a motion to dismiss the complaint, asserting that Meehan had not exhausted his administrative remedies as required by the Individuals with Disabilities Education Act (IDEA). Meehan contended that his efforts to pursue administrative relief were obstructed by the School District. The Court, presided over by Judge Spatt, denied the defendant's motion to dismiss, ruling that Meehan's failure to exhaust administrative remedies was excusable because the School District prevented him from accessing proper administrative hearings. Therefore, Meehan's federal and state law claims were permitted to proceed.

Individuals with Disabilities Education ActAmericans with Disabilities ActRehabilitation Act of 1973New York State Executive LawSpecial Education NeedsAttention Deficit DisorderExhaustion of Administrative RemediesMotion to DismissDue Process RightsSchool District Negligence
References
14
Case No. 532689
Regular Panel Decision
Oct 27, 2022

In the Matter of the Claim of Monica Patricia Hidalgo Bernal (Poncefarfan, (dec'd) Otto)

Monica Patricia Hidalgo Bernal filed a claim for workers' compensation death benefits after her spouse, a cab driver, was fatally stabbed while dispatched by New York Apple Car Service (NYACS). NYACS, a member of the Independent Livery Driver Benefit Fund (ILDBF), controverted the claim, contending the decedent was a black car operator, thus making the New York Black Car Operators Injury Compensation Fund (NYBCOICF) liable. The Workers' Compensation Board found the decedent to be an independent livery driver, holding NYACS and its ILDBF carrier responsible. The Appellate Division affirmed the Board's decision, referencing Matter of Cisnero v Independent Livery Driver Benefit Fund, and reiterated that the vehicle's affiliation with NYBCOICF does not negate liability when the dispatch originated from an independent livery base.

Workers' CompensationDeath BenefitsIndependent Livery Driver Benefit Fund (ILDBF)New York Black Car Operators Injury Compensation Fund (NYBCOICF)Livery DriverBlack Car OperatorStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Meehan v. Mobil Oil Corp.

Plaintiff Donald B. Meehan, an employee, was injured after falling from a stepladder while attempting to detach a tire rack from a Mobil gas station undergoing demolition. The demolition contract did not explicitly require the removal of this tire rack. The Supreme Court initially found that Meehan was not 'employed' under Labor Law § 240 (1) for the purpose of this specific task. The appellate court modified the lower court's order, affirming the Supreme Court's determination regarding Labor Law § 240 (1), and granting summary judgment to defendant Bennett Construction on common-law negligence and Labor Law § 241 (6) claims, concluding Meehan was not performing work incidental or necessary to the scheduled demolition.

Labor Law § 240 (1)Labor Law § 241 (6)Summary Judgment MotionDemolition Site SafetyEmployee StatusContractor LiabilityWorkplace AccidentStatutory DutyFall from HeightConstruction Law
References
6
Case No. MISSING
Regular Panel Decision

Commissioner of Department of Social Services v. Dixon

Patricia Dixon appealed a Family Court order that found her children, Michael, Patricia, and Diana, neglected and continued their custody with the Onondaga County Department of Social Services (DSS). The neglect finding stemmed from Dixon's severe alcohol addiction, which led to her inability to provide proper supervision and care for her children. The case detailed a history of neglect adjudications and removals of her children, including Diana, who required specific health attention. The appellate court unanimously affirmed the Family Court's determination, concluding that the evidence of Dixon's continued alcohol abuse justified the finding of neglect under the Family Court Act. The court noted Dixon's right to reapply to Family Court upon demonstrating a substantial change in her conduct.

Child NeglectAlcohol AddictionParental CustodyFamily CourtAppellate DecisionSocial Services InterventionChild WelfareSupervision StandardsGuardianshipFact-Finding Order
References
0
Case No. MISSING
Regular Panel Decision
Feb 07, 1984

Patricia L. v. Steven L.

This case involves an appeal challenging the Family Court's decision to compel a mother, Patricia L., to proceed pro se in a custody hearing after her lawyer failed to appear. The dispute originated from a divorce action between Patricia L. and Steven L., where both sought custody of their children. Despite the mother's protests and information that her lawyer was en route, the court proceeded with the hearing, leading to the mother's inability to effectively present her case. The Family Court subsequently awarded temporary and then permanent custody to the father, Steven L. The appellate court found that the mother was deprived of her fundamental right to counsel, which compromised her ability to ensure due process and protect the best interests of the children. Consequently, the appellate court reversed the Family Court's order and remitted the matter for a new hearing.

Right to counselCustody hearingPro se representationAdjournment denialParental rightsFamily Court procedureAppellate reviewAbuse of discretionDue processEffective assistance of counsel
References
20
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