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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

In Re Soika

This case concerns Household Finance Corporation's petition to review a Referee in Bankruptcy's order regarding the nondischargeability of a prebankruptcy debt. The bankrupt provided false financial statements to Household Finance Corp. and Postal Finance Co., omitting significant existing indebtedness. The Referee found these statements to be materially false, made with intent to deceive, and relied upon by the creditors, resulting in the bankrupt receiving additional funds. The Referee determined the nondischargeable liability for Household Finance Corp. to be $75.00, which was challenged by Household Finance, seeking $1,400.00. The court affirmed the Referee's decision, concluding that the 1960 amendment to the Bankruptcy Act § 17(a)(2) does not impose a special penalty beyond the New York 'actual pecuniary loss' rule for fraud, thus construing exceptions to discharge strictly in favor of the bankrupt.

BankruptcyNondischargeable DebtFalse Financial StatementFraudDamagesBankruptcy ActCreditor RightsDebtor ProtectionPecuniary LossAppellate Review
References
6
Case No. ADJ8094646
Regular
Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813
References
0
Case No. ADJ7834596
Regular
Jul 24, 2013

CONSTANTIN ARAU vs. PURETEK CORPORATION, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing the lien of Pharma Finance, through its manager Landmark Medical Management. The lien was dismissed because Pharma Finance failed to appear at a lien conference and did not provide proof of payment of the required lien activation fee, as mandated by Labor Code Section 4903.06. The Board adopted the Workers' Compensation Judge's report, which found the dismissal proper as the failure to pay the activation fee was not excused by the claimant's non-appearance. The Board also warned that further violations could result in sanctions of up to $2,500.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantLandmark Medical ManagementPharma FinanceLien Activation FeeLabor Code Section 4903.06Order Dismissing LienWCJ ReportEAMS
References
1
Case No. MISSING
Regular Panel Decision

Espada 2001 v. New York City Campaign Finance Board

This case is a CPLR article 78 proceeding brought by Pedro Espada, Jr., his political committee Espada 2001, and its treasurer Kenneth Brennan, challenging a March 9, 2006 determination by the New York City Campaign Finance Board that assessed substantial penalties for alleged violations of the New York City Campaign Finance Act. Petitioners sought to annul the determination, raising arguments about timeliness of counterclaim, lack of personal violation findings, impermissible broadening of investigation scope, and insufficient detail of charges. The court annulled all penalties against Kenneth Brennan. It also partially annulled penalties against Pedro Espada, Jr. and Espada 2001 for several violations, while upholding others, resulting in a total civil penalty judgment of $50,700 against Espada, Jr. and Espada 2001 jointly and severally or solely against Espada 2001 for specific violations. The court found that some violations, such as accepting unreported corporate contributions, fraudulent contributions, and failure to provide certain financial documents, were validly imposed against Espada, Jr. and the Committee.

Campaign FinancePolitical PenaltiesCPLR Article 78Administrative LawJudicial ReviewDue ProcessSelf-IncriminationElection LawPublic Matching FundsCorporate Contributions
References
9
Case No. 2014 NY Slip Op 05824 [120 AD3d 601]
Regular Panel Decision
Aug 20, 2014

Bankdirect Capital Fin. v. Insurance Co. of State of PA

This case involves an action for breach of contract brought by Bankdirect Capital Finance, as assignee of Standard Funding Corp., against the Insurance Company of State of Pa (ISOP). The dispute arose from the financing of insurance premiums for Emivest Aerospace Corporation, which later defaulted and filed for bankruptcy. Bankdirect moved for summary judgment, which the Supreme Court denied. ISOP cross-moved to stay the action under 11 USC § 362 (a) due to Emivest's bankruptcy, which the Supreme Court granted. The Appellate Division, Second Department, affirmed the denial of summary judgment to Bankdirect but reversed the grant of a stay to ISOP. The appellate court found that Bankdirect's claim against ISOP, a non-debtor, would not have an immediate adverse economic consequence for Emivest's bankruptcy estate, therefore the automatic stay provisions did not apply to ISOP.

Breach of ContractInsurance PremiumsAssignmentBankruptcy StayAutomatic StaySummary JudgmentAppellate ReviewWorkers' Compensation PolicyNew York LawFederal Bankruptcy Law
References
7
Case No. ADJ8363674
Regular
Dec 07, 2015

VICTORIA LIMA vs. LILLY'S GASTRONOMIA ITALIANA, VALLEY FORGE INSURANCE COMPANY

This case involves a petition for reconsideration by lien claimant representative Landmark Medical Management concerning disallowed medical service liens. The Workers' Compensation Appeals Board granted reconsideration for the lien claims of Pharma Finance and Healthcare Finance Management. The Board remanded these specific claims for further proceedings to clarify whether the services rendered were dispensed or administered medications and to establish reasonable value, as the original finding was based on a misunderstanding of physician versus pharmacy roles. Lien claims from other providers were affirmed as disallowed as they did not appeal the original order.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLien ClaimantsReasonable Value of ServicesDispensing MedicationsAdministered MedicationsLabor Code Section 5307.1Panel Qualified Medical EvaluatorCompromise and Release
References
1
Case No. MISSING
Regular Panel Decision

Firmes v. Chase Manhattan Automotive Finance Corp.

This case addresses an appeal stemming from a motorcycle accident involving Justin Firmes and Christopher Tietjen, whose truck was leased by Chase Manhattan Automotive Finance Corp. A jury found both parties negligent and awarded Firmes substantial damages. The Supreme Court denied post-trial motions from the defendants for a collateral source hearing, citing untimeliness and Chase's failure to plead it as an affirmative defense. On appeal, the judgment was modified, with reduced awards for past and future pain and suffering and future medical expenses. The court granted Chase leave to amend its answer and remitted the case for a collateral source hearing and further discovery, determining that the defendants' request for a hearing was indeed timely.

Collateral Source RuleDamages ReductionPersonal InjuryMotorcycle AccidentComparative NegligencePost-Trial MotionsAppellate ReviewCPLR 4545Economic LossPain and Suffering
References
80
Case No. MISSING
Regular Panel Decision

Flexborrow LLC v. TD Auto Finance LLC

Plaintiffs Flexborrow LLC and The Vault Auto Group, LLC (collectively "plaintiffs") initiated an action against TD Auto Finance LLC ("defendant"), asserting claims under the Racketeer Influenced and Corrupt Organizations (RICO) Act and New York State law for lender liability and fraud. The defendant moved to dismiss the complaint. The Court granted the defendant's motion, dismissing the RICO claims due to the plaintiffs' failure to adequately allege the defendant's participation in a RICO enterprise, a pattern of racketeering activity, and the predicate acts of mail and wire fraud with the required particularity. The RICO conspiracy claim was also dismissed. Furthermore, the Court declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice. The plaintiffs were granted leave to file an amended complaint within thirty days.

RICO ActRacketeeringMail FraudWire FraudPleading StandardsMotion to DismissRule 12(b)(6)Fraudulent SchemeLender LiabilitySupplemental Jurisdiction
References
86
Case No. MISSING
Regular Panel Decision

Rodriguez v. Kelly

The court unanimously confirmed the determination of the Commissioner of the City of New York Department of Finance, which terminated the petitioner's employment as a deputy sheriff. The petition was denied and the Article 78 proceeding dismissed. Substantial evidence supported the findings that the petitioner falsely reported an inability to work, engaged in unauthorized outside employment, and lied under oath during a workers' compensation hearing. The court found no basis to disturb the Administrative Law Judge's credibility determinations and concluded that the penalty of termination did not shock the sense of fairness.

Employment terminationDeputy SheriffFalse reportingUnauthorized employmentPerjuryWorkers' compensation hearingCredibility findingsPenalty assessmentJudicial reviewAdministrative decision
References
2
Case No. MISSING
Regular Panel Decision

Singh v. New York State Department of Taxation & Finance

Deeksha K. Singh sued her former employer, New York State Department of Taxation & Finance (NYSDOTF), and her current employer, Erie Community College (ECC), along with William D. Reuter and Erie County. She alleged discrimination based on sex and national origin under Title VII against NYSDOTF, and disability discrimination under ADA and FMLA claims against ECC and Reuter. The court granted summary judgment to NYSDOTF, finding no adverse employment action or hostile work environment. It also granted summary judgment to ECC and Reuter, dismissing the ADA claim for failure to exhaust administrative remedies and the FMLA claims as Singh received her entitled leave and failed to prove retaliatory intent. The case was dismissed in its entirety.

Employment DiscriminationTitle VIIADAFMLASummary JudgmentHostile Work EnvironmentConstructive DischargeRetaliationExhaustion of Administrative RemediesPrima Facie Case
References
98
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