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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

Patterson v. Colvin

Plaintiff Nikimia Patterson, acting pro se, sought judicial review of the Commissioner of Social Security's final decision to deny her claims for Disability Insurance Benefits and Supplemental Security Income (SSI). The Commissioner moved for judgment on the pleadings, a motion to which Patterson did not respond. United States Magistrate Judge Gabriel W. Gorenstein reviewed the Administrative Law Judge's (ALJ) decision, concluding that it was supported by substantial evidence. The ALJ found that despite Patterson's severe impairments, including knee injuries and headaches, her depression was non-severe, and she retained the residual functional capacity (RFC) to perform sedentary work with limitations on bending or stooping. The court considered additional medical evidence concerning Patterson's right knee injury, submitted to the Appeals Council after the ALJ's decision, but determined it was not probative enough to warrant a remand, as Patterson's own testimony indicated an active lifestyle even with the injury. Consequently, the Commissioner's motion for judgment on the pleadings was granted, dismissing the case.

Social Security DisabilitySSIDisability Insurance BenefitsALJ ReviewMedical ImpairmentKnee PainMeniscus TearOsteoarthritisResidual Functional CapacitySedentary Work
References
23
Case No. MISSING
Regular Panel Decision

Patterson-Stevens, Inc. v. International Union of Operating Engineers Local Union No. 17

Patterson-Stevens (plaintiff) sought to vacate a July 24, 1995 judgment and amend its complaint against Local 17 (defendant). The original complaint sought an injunction to prevent arbitration of a grievance initiated by Local 17, which Patterson argued was untimely under a six-month statute of limitations. The court initially dismissed the case, lacking jurisdiction to issue an injunction. Patterson-Stevens then moved to vacate, arguing the complaint implicitly stated a claim for declaratory judgment. The court denied the motion, finding no clear error of law or manifest injustice in its prior decision. Furthermore, the proposed amendment for declaratory relief was deemed futile, as there was no legal precedent supporting a statute of limitations for grievance submission, unlike federal court actions.

Collective Bargaining AgreementGrievance ArbitrationStatute of LimitationsFederal JurisdictionInjunctive ReliefDeclaratory JudgmentMotion to Vacate JudgmentMotion to Amend ComplaintFederal Rules of Civil ProcedureNational Labor Relations Act
References
6
Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. 2017 NY Slip Op 04129 [150 AD3d 1131]
Regular Panel Decision
May 24, 2017

Patterson v. Calogero

Rosemarie Patterson initiated an action against Richard Calogero and Timothy Hogue, alleging fraud and other claims stemming from the sale of her stock in Medical Recovery Collection Group, Inc. Patterson contended that Calogero and Hogue orchestrated a scheme to misappropriate revenue, thereby diminishing the corporation's value and fraudulently inducing her to sell her interest for an undervalued price. The Supreme Court granted the defendants' motions to dismiss the complaint. On appeal, the Appellate Division affirmed this decision, concluding that a previously executed general release precluded Patterson's claims against Calogero. Furthermore, the court found the claims against Hogue for aiding and abetting were unsustainable, and her individual fraud and tortious interference claims lacked the necessary legal elements.

FraudBreach of Fiduciary DutyUnjust EnrichmentConstructive TrustTortious Interference with ContractStock Purchase AgreementSeverance AgreementGeneral ReleaseCorporate SharesDerivative Claim
References
14
Case No. MISSING
Regular Panel Decision

Patterson v. Cortes

This case involves an appeal concerning the consolidation of a personal injury lawsuit with an arbitration proceeding. The underlying incident was a 1977 automobile accident where Belinda Patterson, an infant, was injured by Engracio Cortes, a co-employee at Queens General Hospital. Patterson and her assignee sought no-fault benefits from Cortes' insurer, State Farm, but were denied due to alleged workers' compensation eligibility, leading to arbitration. Simultaneously, Patterson sued Cortes for personal injuries. The Supreme Court granted a motion to consolidate the action and arbitration, but the appellate court reversed this decision. The appellate court found no legal basis for consolidating an action with an arbitration and clarified that an arbitration award would not bind Cortes in the personal injury action since he was not a party to the arbitration.

NegligencePersonal InjuryWorkers' CompensationArbitrationConsolidationCo-employee DefenseRes JudicataCollateral EstoppelAppellate ReviewInsurance Claim
References
1
Case No. MISSING
Regular Panel Decision
Mar 18, 1993

Patterson v. Army

Plaintiffs Patricia M. Patterson and Dr. Hoi Yat Kam, employees of Booth Memorial Medical Center, brought an action against Booth and others after allegedly being exposed to Formalin. Booth moved for summary judgment, arguing the exclusivity of Workers' Compensation Law. The IAS Court initially denied Booth's motion, citing factual disputes regarding coverage and Booth's knowledge of Formalin dangers. However, the appellate court reversed this decision, granting Booth's motion and dismissing the complaint against it. The court found that a Workers' Compensation policy was in place, covering the loss period and paying Patterson's medical bills, thus making Workers' Compensation the exclusive remedy for injuries arising from employment. The plaintiffs' argument of intentional injury by Booth was rejected, as the tort was not deemed intentional under the legal standard requiring a deliberate act to injure a particular employee.

Workers CompensationExclusivity ClauseSummary JudgmentFormalin ExposureOccupational DiseaseIntentional TortAppellate ReversalEmployer LiabilityPathologyNew York Law
References
4
Case No. MISSING
Regular Panel Decision

Renzi v. Case Manangement Concepts

In this workers' compensation case, the claimant sustained a compensable injury in 1998, with the claim becoming the Special Fund for Reopened Cases' liability in 2006. In 2008, a licensed massage therapist submitted requests for payment for services allegedly prescribed by the claimant's treating physician. The Special Fund objected, arguing massage therapists are not authorized providers under the Workers’ Compensation Law. A Workers' Compensation Law Judge (WCLJ) initially found massage therapy compensable if performed by a licensed therapist under a physician's supervision, holding payments in abeyance pending prescription submission. The Workers' Compensation Board affirmed this in an amended decision. This Court reversed the Board's decision, concluding that there was insufficient evidence to support the Board’s determination that the Special Fund is liable, as the massage therapist was not an authorized provider nor did they fall under any statutory exceptions like being a registered nurse, person trained in diagnostic techniques, physical therapist, or occupational therapist.

Workers' Compensation LawMassage TherapyAuthorized Medical ProvidersSpecial Fund for Reopened CasesCompensability of TreatmentStatutory ExceptionsAppellate ReviewProvider AuthorizationMedical Treatment GuidelinesSupervision of Care
References
4
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
Case No. ADJ1174751 (SAC 0331800), ADJ6448656, ADJ6448658
Regular
May 22, 2008

LAWRENCE BURNELL vs. SOLANO GARBAGE

The Workers' Compensation Appeals Board granted reconsideration in one case (ADJ1174751) and denied it in two others (ADJ6448656 and ADJ6448658). For the granted case, the Board amended the decision to find no permanent disability due to a back injury, based on a later medical report that superseded an earlier one. Reconsideration was denied in the other two cases, as the defendant failed to prove overlap of disability for apportionment purposes as required by law. The Board affirmed the original decisions in ADJ6448656 and ADJ6448658.

Workers' Compensation Appeals BoardSolano GarbageLawrence BurnellADJ1174751ADJ6448656ADJ6448658ReconsiderationFindings and AwardPermanent DisabilityQualified Medical Evaluator
References
2
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