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

Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
0
Case No. MISSING
Regular Panel Decision

Medafrica Line, S.P.A. v. American West African Freight Conference

On March 20, 1984, Medafrica Line, S.P.A. (Medafrica) obtained a preliminary injunction preventing the American West African Freight Conference (AWAFC) from collecting a $9,118,301 penalty. As a condition, Medafrica posted a $150,000 bond issued by the Insurance Company of North America (INA). The injunction was contingent on the outcome of Federal Maritime Commission (FMC) proceedings and any subsequent arbitration. On February 18, 1986, the FMC dismissed Medafrica's administrative complaint with prejudice, and the time for appeal or arbitration expired. AWAFC subsequently moved to dissolve the injunction, dismiss the action, and seek judgment for $150,000 against INA on the bond, arguing they were wrongfully enjoined. The court found that AWAFC was indeed wrongfully enjoined and suffered damages because Medafrica became insolvent during the injunction's pendency, preventing AWAFC from collecting the penalty. Therefore, the court granted AWAFC's motions, dissolving the preliminary injunction, dismissing the action, and holding INA liable to AWAFC for $150,000 on the injunction bond.

Preliminary InjunctionInjunction BondWrongful InjunctionDamagesBankruptcySuretyFederal Maritime CommissionFed.R.Civ.P. 65(c)Fed.R.Civ.P. 65.1Collection
References
4
Case No. 91-CV-324; 92-CV-569
Regular Panel Decision

New York State Teamsters Conference Pension & Retirement Fund v. Boening Bros.

The New York State Teamsters Conference Pension and Retirement Fund sought to audit the payroll records of contributing employers Boening Brothers, Inc. and Charles Snyder Beverages, Inc. The employers refused, arguing they were not explicitly bound by audit provisions. The Court ruled that by contributing to the multiemployer plan under collective bargaining agreements, the employers implicitly assented to the Fund's governing documents, which include the right to audit. Citing precedents, the Court found the audit necessary to ensure proper contributions and plan integrity, upholding the Fund's right to audit all payroll records, including non-bargaining unit employees. However, the Court denied the Fund's request for attorney's fees, noting the lack of bad faith by the defendants and the unsettled nature of the legal issue at the time.

ERISAPension PlanMultiemployer PlanPayroll AuditCollective Bargaining AgreementTrust AgreementSummary JudgmentEmployer ContributionsPlan AdministrationFiduciary Duty
References
13
Case No. MISSING
Regular Panel Decision
Jan 23, 1995

New York State Teamsters Conference Pension & Retirement Fund v. Fratto Curbing Co.

The case involves the New York State Teamsters Conference Pension and Retirement Fund seeking a default judgment against Fratto Curbing Co., Inc. for delinquent pension fund contributions. Fratto failed to respond to the complaint after being served, leading to an entry of default by the Clerk of the Court. The court granted the Teamsters' motion for default judgment, finding Fratto liable for delinquent contributions, audit fees, interest, and attorney's fees. The decision also clarified the calculation of liquidated damages under ERISA, stating that the fund is entitled to the greater of double interest or the plan's liquidated damages, but not both, thus reducing the total award. The final judgment was entered against Fratto in the amount of $5,687.23, along with post-judgment interest.

ERISAPension ContributionsDefault JudgmentDelinquent PaymentsCollective BargainingEmployee BenefitsLiquidated Damages CalculationAttorney's FeesFederal CourtContractual Obligations
References
7
Case No. MISSING
Regular Panel Decision

F.H. Cobb Co. v. New York State Teamsters Conference Pension & Retirement Fund

F.H. Cobb Co., a subsidiary of Super Food Services Inc., filed an action seeking a declaration of non-liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) concerning withdrawal liability to the New York State Teamsters Conference Pension and Retirement Fund. The MPPAA retroactively imposed liability for employers withdrawing on or after April 29, 1980. F.H. Cobb had ceased its primary wholesale distribution business by March 8, 1980, and retained a minimal workforce for only phase-out activities until May 16, 1980, with final pension contributions in May 1980. The court analyzed whether this constituted a 'complete withdrawal' prior to the MPPAA's effective date, concluding that the phase-out work did not negate the earlier cessation of covered operations. Consequently, the court granted summary judgment for the plaintiffs, declaring F.H. Cobb's non-liability under the MPPAA's withdrawal provisions.

MPPAAwithdrawal liabilitymultiemployer pension plancessation of operationssummary judgmentretroactive legislationpension contributionsphase-out workemployer obligationsplan funding
References
9
Case No. MISSING
Regular Panel Decision

New York State Teamsters Conference Pension and Retirement Fund v. DOREN AVE. ASSOCIATES, INC.

The case involves the New York State Teamsters Conference Pension and Retirement Fund pursuing withdrawal liability payments from Doren Avenue Associates, Inc., Express Services, LLC, and S & P Trucking, LLC. The Fund alleged these defendants were under common control with or alter egos of Howard’s Express, Inc., a company previously obligated to the Fund. The court ruled that determining the defendants' "employer status" under the MPPAA was a matter for judicial decision, not arbitration. It denied the Fund's motion for summary judgment due to insufficient evidence on the common control and alter ego claims against Express and S&P. Conversely, the court granted the summary judgment motion for Express Services, LLC, and S & P Trucking, LLC, dismissing the complaint against them and terminating related arbitration proceedings, while granting a default judgment against Doren Avenue Associates, Inc.

Pension Withdrawal LiabilityMPPAAERISACommon Control DoctrineAlter Ego LiabilitySummary Judgment MotionFederal Court JurisdictionArbitration TerminationCorporate Ownership StructureEmployee Benefit Plans
References
27
Case No. ADJ8002481
Regular
Jun 05, 2012

MICHAEL GAMBILL vs. CONSTRUCTION TESTING SERVICES, INC., IMPERIUM INSURANCE COMPANY

In *Gambill v. Construction Testing Services, Inc.*, the Workers' Compensation Appeals Board granted defendant's Petition for Removal. The Board found that defendant's attorney's late appearance at a Mandatory Settlement Conference was due to an inadvertent calendaring error, not a pattern of misconduct. Therefore, substantial justice warranted allowing the parties to revise their Pretrial Conference Statement before the scheduled trial. The Board's decision permits revised pretrial statements and allows the judge to take further appropriate action at trial, including potential continuances.

Petition for RemovalMandatory Settlement ConferenceMiscalendaringInadvertent ErrorSubstantial JusticeReimbursement of CostsPretrial Conference StatementDecision After RemovalWorkers' Compensation Appeals BoardWCJ
References
0
Case No. 2020 NY Slip Op 04217
Regular Panel Decision
Jul 23, 2020

Matter of Mayers v. Frito Lay

Cynthia Mayers, a warehouse worker, sustained a work-related back injury in September 2002 and was awarded workers' compensation benefits. Her employer, Frito Lay, and its workers' compensation carrier sought reimbursement from the Special Disability Fund, filing a C-250 form. The Workers' Compensation Board ultimately rejected the reimbursement claim, citing an inadequately completed C-250 form and the non-binding nature of a pretrial conference sheet due to lack of Board approval. The carrier appealed this decision. The Appellate Division affirmed the Board's decision, emphasizing strict adherence to prescribed forms for reimbursement claims and confirming that the pretrial conference sheet was not preclusive without Board approval.

Workers' Compensation LawSpecial Disability FundC-250 FormReimbursement ClaimPretrial ConferenceBoard ApprovalAppellate ReviewAdministrative ProcedureClaimant RightsEmployer Liability
References
5
Case No. 2020 NY Slip Op 03711 [185 AD3d 1133]
Regular Panel Decision
Jul 02, 2020

Matter of Pratt v. Gowanda Nursing Home

Claimant Viola B. Pratt injured her back in 2000 while working as a nurse's aide. The employer's carrier sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) due to a prior injury. They relied on a pretrial conference statement signed by the Special Funds Conservation Committee (SFCC) conceding applicability. The Workers' Compensation Board discharged the Special Disability Fund from liability, ruling the statement was not legally binding as it was never adopted or approved. The carrier appealed, arguing the Special Funds Group should be equitably estopped from denying reimbursement. The Appellate Division, Third Department, affirmed the Board's decision, finding it was not reasonable for the carrier to rely on the unapproved pretrial conference statement.

Workers' CompensationSpecial Disability FundEquitable EstoppelPretrial ConferenceStipulationReimbursementPermanent Partial DisabilityAppellate DivisionWorkers' Compensation BoardPrior Injury
References
2
Case No. 2022 NY Slip Op 04067
Regular Panel Decision
Jun 23, 2022

Matter of O'Donnell v. University of Rochester

Claimant Anne O'Donnell, a nurse, sustained work-related injuries in 2007. Her employer, the University of Rochester, sought reimbursement from the Special Disability Fund based on preexisting conditions. A Workers' Compensation Law Judge initially found the employer entitled to reimbursement, relying on a pretrial conference statement. However, the Workers' Compensation Board reversed this decision, ruling that the statement was not legally binding without formal approval and discharged the Special Disability Fund from liability. The employer's subsequent application for reconsideration was denied. The Appellate Division, Third Department, affirmed both of the Board's decisions, concluding that the pretrial conference statement lacked preclusive effect and the employer's reliance upon it for estoppel arguments was unreasonable given the absence of Board approval.

Workers' Compensation LawSpecial Disability FundReimbursementPretrial Conference StatementBoard ApprovalStipulationSettlementLachesPromissory EstoppelPermanent Partial Disability
References
7
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