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

Case No. 2020 NY Slip Op 07642
Regular Panel Decision
Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

Aston R. Thomas, a claimant, was hired by US Pack Logistics, LLC to deliver blood samples. The Unemployment Insurance Appeal Board determined that Thomas was an employee of US Pack Logistics, LLC, making the company liable for unemployment insurance contributions. US Pack Logistics, LLC appealed this decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's finding of an employer-employee relationship, noting that US Pack Logistics, LLC exercised sufficient supervision, direction, and control over significant aspects of Thomas's work, despite Thomas using his own vehicle and not being reimbursed for expenses. The court emphasized that the determination of an employment relationship is a question of fact, and the Board's decision, if supported by substantial evidence, is beyond further judicial review.

Unemployment Insurance LawEmployer-Employee RelationshipIndependent ContractorControl TestAppellate ReviewUnemployment Insurance ContributionsLabor LawSubstantial EvidenceUnemployment Insurance Appeal BoardJudiciary Law
References
6
Case No. MISSING
Regular Panel Decision

Swift Independent Packing Co. v. District Union Local One

This case involves a dispute between Swift Independent Packing Company and District Union Local One over a labor arbitration award. Swift sought to vacate the award, which was issued by Arbitrator Mario A. Procopio and favored the Union regarding work schedules and overtime pay under a collective bargaining agreement. Swift raised several objections, including alleged arbitrator bias, reliance on facts not in evidence, the award lacking essence from the agreement, and refusal to hear testimony. The District Court, emphasizing its limited scope of review over arbitration awards, denied Swift's motion for summary judgment to vacate the award and granted the Union's motion to confirm it, concluding that no grounds for vacatur existed and that Swift had waived its right to object to the alleged bias.

Labor ArbitrationCollective Bargaining AgreementArbitration AwardVacatur of AwardConfirmation of AwardArbitrator BiasJudicial ReviewWaiver DoctrineOvertime PayWork Schedules
References
19
Case No. 2024 NY Slip Op 02032 [228 AD3d 20]
Regular Panel Decision
Apr 17, 2024

Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc.

The Appellate Division, Second Department, affirmed an order denying dismissal of a lawsuit filed by Air-Sea Packing Group, Inc. against Applied Underwriters, Inc. and its affiliates. The plaintiff alleged that the defendants marketed and sold an unlawful workers' compensation insurance program, EquityComp, in violation of New York Insurance Law. The defendants attempted to enforce a forum selection clause mandating litigation in Nebraska, but the court found this clause unenforceable. This decision was based on public policy, as the program violated New York law, and because Nebraska courts had previously deemed New York the more appropriate forum for such disputes. The ruling allows the plaintiff to pursue claims for declaratory relief, equitable rescission, common-law fraud, and violation of General Business Law § 349 in New York.

Workers' Compensation InsuranceForum Selection ClausePublic PolicyInsurance Law ViolationsEquitable RescissionCommon-Law FraudDeceptive PracticesGeneral Business Law § 349Unlawful Reinsurance AgreementRegulatory Oversight
References
52
Case No. MISSING
Regular Panel Decision
Nov 12, 2003

Commissioners of State Insurance Fund v. Trio Asbestos Removal Corp.

This case involves an appeal from an order of the Supreme Court, Westchester County, concerning an action to recover unpaid workers' compensation insurance premiums. The plaintiff, an insurance fund, sought premiums from the defendant for policy periods between November 1993 and December 1996. The defendant moved for summary judgment, arguing that claims for estimated premiums for the periods from November 1993 to November 1996 were barred by the six-year statute of limitations, CPLR 213 (2). The Appellate Division modified the Supreme Court's order, agreeing that the claims for unpaid estimated premiums for those specific periods were time-barred. However, the court found that claims for final audit premiums issued after July 30, 1996, were not time-barred. Additionally, the Appellate Division granted summary judgment to the plaintiff, dismissing the defendant's counterclaim, on the grounds that such counterclaims against the State Insurance Fund are only cognizable in the Court of Claims.

Workers' Compensation InsuranceUnpaid PremiumsStatute of LimitationsSummary JudgmentCounterclaimInstallment PaymentsEstimated PremiumsAudit AdjustmentAppellate DivisionNew York Law
References
2
Case No. MISSING
Regular Panel Decision
Apr 21, 2005

Atlantic Mutual Insurance v. Joyce International, Inc.

This case concerns an action to recover workers' compensation retrospective insurance premiums. The Supreme Court initially granted partial summary judgment to the plaintiffs, denied other parts, granted limited discovery to defendant Joyce International, Inc., and dismissed the complaint against defendant Streater, Inc. On appeal, the court unanimously modified the prior order, denying Streater, Inc.'s cross-motion to dismiss and reinstating the complaint against them, while otherwise affirming the initial decision. Specifically, summary judgment for plaintiffs' second through fifth causes of action was denied due to insufficient documentation of premium computations. However, dismissal of affirmative defenses and counterclaims alleging breach of good faith and fiduciary duty was upheld. The appellate court found it an improvident exercise of discretion to dismiss against Streater, Inc., noting that plaintiffs had not abandoned the multiparty action and Streater was not prejudiced by the delay in seeking a default judgment, in consideration of CPLR 3215 (c).

Summary JudgmentInsurance PremiumsWorkers' CompensationRetrospective Premium PolicyGood Faith and Fair DealingFiduciary DutyDiscovery DisputeDefault JudgmentCPLR 3215(c)Appellate Review
References
6
Case No. MISSING
Regular Panel Decision
Sep 22, 2005

Commissioners of the State Insurance Fund v. Concord Messenger Service, Inc.

The New York County Supreme Court's order, which granted the plaintiff summary judgment and denied the defendant's cross-motion to dismiss in an action for unpaid workers' compensation premiums, was unanimously affirmed. The plaintiff successfully presented documentary evidence, including the insurance application, policy, audit reports, and statements, establishing a prima facie case. The court rejected the defendant's arguments concerning unproven policy terms, which were improperly raised, and conjectural claims about premium calculation. Additionally, the defendant's cross-motion to dismiss on grounds of "gross laches" was denied due to the absence of a CPLR 3216 notice. The defendant's unsubstantiated demand for discovery, which had been delayed for years, was deemed insufficient to prevent summary judgment.

Summary JudgmentWorkers' Compensation PremiumsAppellate AffirmationDocumentary EvidenceLaches DefenseCPLR 3216 NoticeInsurance Policy AuditPrima Facie CaseNew York LawUnpaid Premiums
References
6
Case No. MISSING
Regular Panel Decision

Hilbert v. Sahlen Packing Co.

The plaintiff sustained personal injuries after being ejected from a bucket truck while removing a utility pole. The plaintiff initiated an action against Sahlen Packing Company, the premises owner, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). Sahlen subsequently impleaded Niagara Mohawk Power Corporation, the plaintiff's employer. Sahlen appealed an order granting summary judgment to Niagara Mohawk, which resulted in the dismissal of the third-party complaint under the 1996 amendments to Workers’ Compensation Law § 11. Sahlen contended that these amendments violated due process, constituted an unfair taking, impaired contractual obligations, and should not be applied retroactively, also arguing a triable issue of fact existed concerning grave injury. The appellate court affirmed the order, concluding that the plaintiff did not suffer a "permanent and severe facial disfigurement" as defined by Workers’ Compensation Law § 11 and that the amendments applied as the accident occurred post-enactment and the action commenced in March 1997. Additionally, Sahlen’s constitutional challenges to the amendments were deemed without merit.

Workers' Compensation Law § 11Grave InjuryDue Process ChallengeTakings ClauseContract ImpairmentRetroactive ApplicationSummary JudgmentThird-Party ActionLabor LawFacial Disfigurement
References
12
Case No. 2021 NY Slip Op 01470 [192 AD3d 1315]
Regular Panel Decision
Mar 11, 2021

Matter of McLaughlin v. Sahlen Packing Co., Inc.

Kelly A. McLaughlin filed a claim for workers' compensation death benefits after her husband died at work. A Workers' Compensation Law Judge (WCLJ) established the claim, determining his death was causally related to employment. The employer appealed to the Workers' Compensation Board, arguing it had overcome the presumption of Workers' Compensation Law § 21 and that the claimant lacked sufficient evidence of causal relation. The Board denied the employer's application for review due to non-compliance with 12 NYCRR 300.13 (b), specifically failing to provide a complete response to question 15 on form RB-89 regarding the date an objection was interposed. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as the employer's response was patently defective.

Workers' Compensation Death BenefitsApplication for Board ReviewProcedural ComplianceForm RB-89Administrative Review DenialCausally Related EmploymentAppellate ReviewFailure to Complete FormObjection DateDiscretionary Denial
References
13
Case No. ADJ8015423
Regular
Nov 19, 2013

REMEDIOS LIRA vs. PREMIUM PACKING, INC., SEDGWICK CMS (Claims Administrator)

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration concerning an applicant's psychiatric injury claim. The WCJ had previously found the injury compensable and not barred by the post-termination defense. The defendant argued they had no notice of the psychiatric injury prior to termination, and the WCJ's report introduced the "sudden and extraordinary" event defense for the first time. The Board granted reconsideration to allow the defendant to respond to this new issue, pending further proceedings.

ADJ8015423Remedios LiraPremium PackingInc.Sedgwick CMSPetition for ReconsiderationFindings and Awardindustrial injurypsychepost-notice of termination
References
2
Case No. ADJ1298866 (LAO 0791081) ADJ4098623 (LAO 0855391)
Regular
Feb 10, 2009

MIGUEL NOBOA vs. COUGHERTY PACKING COMPANY

In Noboa v. Cougherty Packing Company, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the applicant's failure to verify the petition, a mandatory requirement under Labor Code section 5902. This procedural defect rendered the petition invalid, leading the WCAB to reject it. The WCAB cited relevant case law supporting its decision to dismiss unverified petitions.

Petition for ReconsiderationDismissedVerifiedLabor Code section 5902Workers' Compensation Appeals BoardWCJSmith v. Workers' Comp. Appeals BoardLucena v. Workers' Comp. Appeals BoardSignificant Panel DecisionPermit
References
2
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