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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

Incorporated Village of Nissequogue v. Suffolk County Department of Civil Service

The Village of Nissequogue initiated a special proceeding against the Suffolk County Department of Civil Service after the department refused to certify the payroll for police officers Dennis McHugh and Roger Leigh. The officers, appointed in 1982 and 1984, had served commendably despite not being appointed from an official eligibility list. The department, aware of the irregular appointments since 1986, did not act until 1989 when it blocked payroll certification, prompting this legal challenge. The court examined the applicability of a 1984 amendment to Civil Service Law § 100 (5), which presumes proper appointment after three years, even for initially irregular appointments. The court ruled that the department could not refuse payroll certification, denied the department's motion to dismiss, and granted the officers' cross-petition for payment, citing the department's inaction despite prior knowledge.

Civil Service LawPayroll CertificationPolice OfficersIllegal AppointmentConstitutional LawSpecial ProceedingSuffolk CountyMerit SystemProbationary PeriodStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision

Zeluck v. Board of Education

The case involves a motion by the Attorney-General to dismiss a petition filed by certain teachers. The teachers sought to enjoin the Superintendent of Schools from implementing payroll deductions mandated by Civil Service Law section 210, also known as the Taylor Law, for their alleged participation in a strike. The petitioners argued the law was unconstitutional, infringing upon rights to free association, speech, and equal protection, and that its payroll deduction provisions constituted a bill of attainder and violated due process. The court, citing precedents, rejected the arguments regarding free association, speech, and equal protection. It also found the due process procedures for payroll deductions sufficient, concluding the law was not a bill of attainder. Therefore, the motion to dismiss was granted.

Taylor LawCivil Service LawPublic Employee StrikesPayroll DeductionsDue ProcessFreedom of AssociationFreedom of SpeechEqual ProtectionConstitutionality of StatuteMotion to Dismiss
References
5
Case No. ADJ3923408
Regular
Apr 20, 2009

Andrea Seyfried vs. Compass Films, Inc., National Surety Company/Fireman's Fund, Power Payroll, Inc., California Insurance Guarantee Association for Legion Insurance Company

The Workers' Compensation Appeals Board found that the applicant sustained an industrial injury while employed by both Power Payroll (general employer) and Compass Films (special employer). Power Payroll was insured by Legion Insurance, whose obligations are now handled by CIGA. Compass Films was insured by Fireman's Fund. The Board rescinded the prior order finding Power Payroll as the sole employer and returned the case for proceedings to determine the respective liabilities of CIGA and Fireman's Fund. CIGA is not liable if Fireman's Fund policy constitutes "other insurance" available to the applicant.

General employerSpecial employerDual employmentPayroll servicesFilm industryInsurance Guarantee AssociationInsurer insolvencySpecial employer controlPayroll companyProduction manager
References
22
Case No. MISSING
Regular Panel Decision

Claim of Joslin v. City of Albany Fire Department

The claimant appealed a Workers’ Compensation Board decision regarding the method of payment for his hearing loss benefits, specifically challenging the biweekly installment plan. The claimant argued that Workers’ Compensation Law § 49-bb, which governs occupational loss of hearing claims, mandated a different payment method. The court rejected this contention, asserting that Workers’ Compensation Law § 15 (3) (m), which covers schedule awards for hearing losses generally, and § 49-cc, which directs occupational loss of hearing compensation to align with § 15 (3), govern the payment. Consequently, the court affirmed that the claimant was entitled to biweekly scheduled payments, consistent with other schedule loss awards.

Hearing lossWorkers' CompensationOccupational diseaseSchedule awardBiweekly paymentsStatutory interpretationAppealCompensation benefitsWorkers' Compensation Board
References
2
Case No. ADJ2923882 (VNO 0550303)
Regular
Jan 29, 2014

MARCIAL MARTINEZ vs. MONARCH dba PES PAYROLL, AMERICAN HOME ASSURANCE, FOAMEX, GALLAGHER BASSETT

This case involves applicant Marcial Martinez, injured while working for Foamex, who was leased by HR Business Staffing and paid by Monarch/PES. The Appeals Board affirmed the arbitrator's decision, finding that Monarch's policy WC 573-39-25, due to its "alternate employer endorsement" and contract with Air Ground Manpower, provided workers' compensation coverage. The Board determined that Monarch's role in processing payroll, coupled with the written agreement specifying insurance provision, satisfied the endorsement's requirements. Despite Monarch's arguments regarding its limited payroll role and allegations of fraud, the policy provisions and parties' conduct established coverage.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderArbitrator's DecisionInsurance CoverageMonarch ConsultingPES PayrollAmerican Home AssuranceHR Business StaffingAir Ground Manpower
References
4
Case No. 2020 NY Slip Op 00187 [179 AD3d 1228]
Regular Panel Decision
Jan 09, 2020

Matter of Reardon v. Global Cash Card, Inc.

The case, Matter of Reardon v Global Cash Card, Inc., involves an appeal concerning the validity of 12 NYCRR part 192, regulations governing wage payment methods, including payroll debit cards, adopted by the Commissioner of Labor. Global Cash Card, Inc., a payroll debit card service provider, challenged these regulations, leading to their revocation by the Industrial Board of Appeals (IBA). The Commissioner then successfully petitioned the Supreme Court to annul the IBA's determination. On appeal, the Appellate Division affirmed the Supreme Court's decision, concluding that the Commissioner acted within her delegated legislative authority in promulgating the regulations, despite modifying the order to strike certain extraneous proof.

Labor LawWage PaymentPayroll Debit CardsAdministrative RegulationsRule-making AuthorityIndustrial Board of Appeals (IBA)CPLR Article 78Appellate ReviewStatutory InterpretationCommissioner of Labor
References
15
Case No. MISSING
Regular Panel Decision

Latimer v. Wise

Plaintiff Kinslie Latimer sued her employer, Shon Wise, owner of The Rib Cage Restaurant, alleging sexual harassment by a cook, Ron Ford, and constructive discharge under Title VII. The defendant filed a motion to dismiss, claiming the court lacked subject matter jurisdiction because the restaurant did not employ the minimum number of employees required by Title VII. The defendant presented handwritten time sheets to support his claim. The court found the defendant's evidence insufficient and rejected his method of counting employees, citing the "payroll method" established by the Supreme Court in Walters v. Metropolitan Educational Enters., Inc. The court noted that the plaintiff's co-workers' affidavits also contradicted the defendant's claims. Therefore, the court denied the defendant's motion to dismiss, allowing the plaintiff to proceed with her claim.

Sexual harassmentTitle VIIMotion to dismissSubject matter jurisdictionEmployer definitionPayroll methodConstructive dischargeDiscriminationFederal Rules of Civil Procedure 12(b)(1)EEOC
References
14
Case No. ADJ3919401 (POM 0295843)
Regular
Jun 03, 2013

LUIS MUNIZ vs. XCESS PAYROLL SERVICES

This order dismisses Xcess Payroll Services' Petition for Reconsideration because it was not verified, violating Labor Code section 5902. The Board also indicated that even if verified, the petition would have been denied on the merits. The dismissal is based on procedural grounds and the lack of evidence in the record to support the petitioner's claims, particularly regarding a "Verizon issue." The petitioner failed to properly identify themselves in the heading, contributing to the dismissal.

Petition for ReconsiderationVerifiedLabor Code section 5902WCJ Report and RecommendationOptimum PharmacyVerizon issueLien claimantDismissedAdjudicationWorkers' Compensation Appeals Board
References
1
Case No. ADJ6888509 ADJ6888503
Regular
Jun 26, 2014

REYNA OLIVAR vs. EZ PAYROLL STAFFING SOLUTIONS, GALLAGHER BASSETT ORANGE

This Workers' Compensation Appeals Board case, concerning Reyna Olivar and defendants EZ Payroll Staffing Solutions and Gallagher Bassett, involved a petition for reconsideration. The petitioner has formally withdrawn their petition for reconsideration of the October 18, 2013 decision. Consequently, the Board has dismissed the petition.

Petition for ReconsiderationDismissedWithdrawnApplicantDefendantsWorkers' Compensation Appeals BoardOpinion and OrderLong Beach District OfficeOctober 18 2013June 26 2014
References
0
Case No. MISSING
Regular Panel Decision

Claim of Marchese v. New York State Department of Correctional Services

Claimant, injured in October 1997, initially received full wages from their employer, then workers' compensation benefits after employment termination. Following an award of benefits in February 2000, a dispute arose regarding the payment of claimant's counsel fee. The Workers’ Compensation Board ruled that the fee should be paid in installments from continuing payments to the claimant, rather than from the portion reimbursing the employer. Claimant appealed this decision, arguing that continuing payments were subject to adjustment and thus not an award of compensation. The Appellate Division affirmed the Board's decision, emphasizing the Board's broad discretion under Workers’ Compensation Law § 24 and finding no unfairness in the payment method, as the award was sufficient to cover both employer reimbursement and the attorneys' lien.

Attorney FeesWorkers' Compensation LawLien on CompensationContinuing PaymentsBoard DiscretionAppellate ReviewEmployer ReimbursementAward Payment MethodStatutory InterpretationCounsel Fee
References
2
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