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

Case No. ADJ6411794
Regular
Dec 20, 2010

MARGARET BOWES vs. PROFESSIONAL COURIER AND LOGISTICS, WAUSAU INSURANCE COMPANIES

This Workers' Compensation Appeals Board case involves Margaret Bowes and her employer, Professional Courier and Logistics, with Wausau Insurance. A settlement has been submitted for approval by the Workers' Compensation Judge (WCJ). The Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level for the WCJ's decision on the settlement. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJSettlement ApprovalRescinded DecisionTrial LevelFurther ProceedingsWausau Insurance CompaniesProfessional Courier and LogisticsMargaret Bowes
References
0
Case No. MISSING
Regular Panel Decision

Gotham Logistics, Inc. v. Local 917 International Brotherhood of Teamsters

Plaintiffs, Gotham Logistics, Inc., Bestway Services, Inc., and Bestway Logistics Transportation, Inc., trucking companies, initiated an action against Defendant Local 917 of the International Brotherhood of Teamsters and its Secretary-Treasurer under the Labor Management Relations Act, alleging an unfair labor practice and tortious interference with contract. The dispute arose after the Union negotiated a new collective bargaining agreement with SWS, an employer of the plaintiffs' services, leading SWS to hire more in-house unionized employees and consequently reducing its need for plaintiffs' external trucking services. Plaintiffs argued this constituted an unlawful secondary boycott. The court, presided over by District Judge Wexler, granted the Defendants' motion to dismiss, finding the Union's actions to be lawful primary activity directed at SWS concerning its own employees, rather than an unlawful secondary boycott aimed at the plaintiffs. As the federal claim was dismissed, the court declined to exercise jurisdiction over the remaining state law claims, dismissing the entire action.

Labor Management Relations ActUnfair Labor PracticeSecondary BoycottPrimary ActivityCollective Bargaining AgreementMotion to DismissRule 12(b)(6) FRCPTortious Interference with ContractJurisdictionTrucking Services
References
14
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

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. 2022 NY Slip Op 02463 [204 AD3d 1185]
Regular Panel Decision
Apr 14, 2022

Matter of Rivera (Northeast Logistics, Inc.--Commissioner of Labor)

Northeast Logistics, Inc. (NEL) is a logistics company. Claimant Paul Rivera was engaged as a delivery driver for NEL and later applied for unemployment insurance benefits. The Department of Labor initially found Rivera to be an employee and NEL liable for contributions. An Administrative Law Judge (ALJ) reversed this, but the Unemployment Insurance Appeal Board subsequently reversed the ALJ's determination, sustaining the Department's findings. NEL appealed this decision. The Appellate Division, Third Department, affirmed the Board's decisions, finding substantial evidence that NEL exercised sufficient control over Rivera to establish an employment relationship, despite evidence that might support a contrary conclusion.

Unemployment InsuranceEmployment RelationshipIndependent ContractorControl TestSubstantial EvidenceUnemployment Insurance Appeal BoardDepartment of LaborDelivery DriverLogistics CompanyAdministrative Law Judge
References
10
Case No. 2023 NY Slip Op 02077 [215 AD3d 565]
Regular Panel Decision
Apr 25, 2023

Breakaway Courier Corp. v. Berkshire Hathaway, Inc.

The Appellate Division, First Department, affirmed the dismissal of a complaint filed by Breakaway Courier Corporation. The motion court had dismissed the complaint based on a forum selection clause in the Reinsurance Participation Agreement (RPA), which required disputes to be litigated in Nebraska. Although the RPA initially stipulated arbitration in the British Virgin Islands, a consent order with the New York State Department of Financial Services prevented its enforcement for New York entities. Consequently, a broad forum selection clause designating Nebraska courts for unresolved matters became controlling, leading to the dismissal of all claims against the Applied Defendants. The court also noted that many of the plaintiff's claims directly addressed the RPA, and the central allegation was that the workers' compensation policies illegally mandated the RPA.

Forum Selection ClauseReinsurance Participation AgreementMotion to DismissAppellate ReviewWorkers' Compensation PoliciesNew York State Department of Financial ServicesArbitration ClauseNebraska LawContract DisputeJurisdiction
References
2
Case No. MISSING
Regular Panel Decision

Diaz v. Michigan Logistics Inc.

Plaintiffs (Johanna Diaz, et al.) sued Michigan Logistics Inc. d/b/a Diligent Deliveries, Northeast Logistics, Inc. d/b/a Diligent Deliveries (collectively, "Diligent"), and Parts Authority Inc. for alleged violations of the FLSA and NYLL, claiming misclassification as independent contractors and denial of minimum wage and overtime. Defendants moved to compel arbitration, citing owner-operator agreements with arbitration clauses. Plaintiffs opposed, arguing they were exempt from the FAA as transportation workers and that Parts Authority, a nonsignatory, could not compel arbitration. The court, presided by Judge Wexler, granted the defendants' motion, finding that even if the FAA did not apply, New York arbitration law favored arbitration and that Parts Authority could compel arbitration under equitable estoppel. Consequently, the Opt-in Plaintiffs' claims were dismissed without prejudice, and the case was stayed pending arbitration.

Fair Labor Standards ActNew York Labor LawArbitrationIndependent Contractor ClassificationWage and Hour ClaimsOvertime CompensationClass Action WaiverCollective Action WaiverFederal Arbitration ActEquitable Estoppel
References
22
Case No. MISSING
Regular Panel Decision

Domino v. Professional Consulting, Inc.

Gregory Domino, a carpenter employed by Carlin Contracting Co., Inc., was injured while working on a Village of Mount Kisco water treatment facility, allegedly due to the installation of floor panels hoisted by a crane owned by Smedley Crane Service, Inc. He and his wife commenced an action for personal injuries against Professional Consulting, Inc. (PCI), the construction manager, and Smedley. The Supreme Court initially granted summary judgment to PCI, finding it was not a "contractor" or "owner" under Labor Law sections 240(1) or 241, nor liable under Labor Law section 200 or common-law negligence due to lack of supervisory authority. The appellate court affirmed this part of the decision, noting PCI's contracts expressly precluded it from supervising the work or safety procedures. However, the Supreme Court erred in granting summary judgment to Smedley, as Smedley failed to establish it lacked authority to control or supervise the crane's rigging activity, thus the appellate court reversed that portion of the decision.

Construction AccidentLabor LawSummary JudgmentReargumentConstruction Manager LiabilityCrane OperationWorker SafetyAgency LawStatutory LiabilityPremises Liability
References
12
Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
Case No. 2023 NY Slip Op 02149 [215 AD3d 1188]
Regular Panel Decision
Apr 27, 2023

Matter of Morales (Amazon Logistics, Inc.--Commissioner of Labor)

Nancy Morales, a delivery partner for Amazon Logistics, Inc. (ALI), applied for unemployment insurance benefits. The Unemployment Insurance Appeal Board determined an employment relationship existed between Morales and ALI, making ALI liable for contributions. ALI appealed, arguing that Morales was an independent contractor and not totally unemployed. The Appellate Division, Third Department, affirmed the Board's decision, finding that ALI exercised sufficient control over its delivery partners, mirroring precedent set in *Matter of Khaychuk*. The court also ruled that the 'not totally unemployed' argument was not properly before it, as it was outside the scope of the administrative hearing.

Unemployment InsuranceEmployment RelationshipIndependent ContractorDelivery ServicesAmazon FlexControl TestAppellate ReviewLabor Law ComplianceUnemployment Insurance Appeal Board
References
10
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