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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

Decker v. CSX Transportation, Inc.

Plaintiffs, including the United Transportation Union and Local 377, initiated an action in state court against CSX Transport, Inc. (CSXT), alleging violations of the Railway Labor Act's status quo provisions related to CSXT's planned sale of a rail line. CSXT moved for dismissal, contending that the plaintiffs' notice was barred by a national agreement moratorium, Local 377 lacked standing, the carrier held a unilateral right to sell lines, and the Interstate Commerce Commission (ICC) preempted RLA Section 6. Conversely, plaintiffs asserted that the National Mediation Board had docketed their dispute as major, the sale was a tactic to circumvent RLA provisions, and the moratorium did not apply to them due to local bargaining representation. The court, drawing parallels with Railway Labor Executives’ Association v. Staten Island Railroad Corp., determined that the ICC's authorization of the sale brought the matter under its exclusive jurisdiction. Consequently, the court found itself unable to provide a remedy without interfering with the ICC's order and granted CSXT's motion to dismiss for failure to state a claim.

Railway Labor ActStatus Quo ProvisionsMotion to DismissRail Line SaleInterstate Commerce CommissionPreemptionCollective BargainingLabor DisputeInjunctive ReliefJurisdiction
References
10
Case No. CIV-88-1404C, CIV-90-481C
Regular Panel Decision

CSX Transportation, Inc. v. United Transportation Union

CSX Transportation, Inc. (CSXT) initiated the sale of a 369-mile rail line, which threatened the jobs of 226 employees. In response, the United Transportation Union and American Train Dispatchers Association (the Unions) invoked the Railway Labor Act (RLA) § 6, seeking to negotiate labor-protective provisions and preserve the status quo. The district court initially deemed the dispute 'minor' due to CSXT's plausible contractual defense, allowing the sale to proceed while the matter went to arbitration. A special adjustment board subsequently found CSXT's contractual defense unavailing, concluding that existing agreements did not permit the sale without prior bargaining over employee impacts. This court affirmed the board's jurisdiction and its finding, clarifying that the Unions were indeed entitled to status quo preservation during such bargaining, distinguishing its ruling from other circuits that had broadened management prerogative in partial business sales. The case is now remanded to the board to determine the appropriate remedies for the affected union members.

Railway Labor ActLabor DisputeCollective BargainingStatus QuoLine SaleArbitrationMajor DisputeMinor DisputeManagement PrerogativeEmployee Protection
References
51
Case No. 2014 NYSlipOp 07109 [121 AD3d 548]
Regular Panel Decision
Oct 21, 2014

Strohmeier v. Metropolitan Transportation Authority

The Appellate Division, First Department, reversed a Supreme Court order that granted petitioners (Richard Strohmeier et al.) leave to serve a late notice of claim against Metropolitan Transportation Authority. The appellate court found that the petitioners failed to provide a reasonable excuse for the delay, did not demonstrate an absence of prejudice to the respondents, and could not prove that the respondents had actual notice of the claim's essential facts. The court specifically noted that workers' compensation documents submitted by petitioners did not provide sufficient actual notice regarding the accident's specifics. Consequently, the motion for leave to serve a late notice of claim was denied, and the complaint was dismissed.

Late Notice of ClaimActual NoticePrejudiceDiscretionary RulingAppellate ReviewWorkers' Compensation DocumentsNotice RequirementsTimelinessMunicipal LiabilityTorts
References
7
Case No. MISSING
Regular Panel Decision

Claim of Fisher v. KJ Transportation

Claimant, a tractor-trailer driver for KJ Transportation (KJT), sustained a work-related back injury. KJT, facing bankruptcy, entered into an agreement with Omne Staffing, Inc. to provide workers' compensation insurance, purportedly making KJT's employees those of Omne. The Workers’ Compensation Board ruled that an employer-employee relationship still existed between the claimant and KJT, prompting KJT's appeal. The appellate court affirmed the Board's decision, finding substantial evidence that KJT maintained control over the claimant's work, provided equipment, and was listed as the payor, thus establishing the employer-employee relationship despite the agreement with Omne.

Employer-employee relationshipWorkers' Compensation InsuranceBankruptcy implicationsStaffing agreementAppellate affirmationControl test for employmentWork-related back injuryThird-party liabilityCorporate restructuringLegal precedent
References
2
Case No. MISSING
Regular Panel Decision

Village of Westbury v. Department of Transportation

The Village of Westbury initiated a CPLR article 78 proceeding against the Department of Transportation (DOT) for alleged violations of the State Environmental Quality Review Act (SEQRA). The Village sought to annul a negative declaration issued by DOT for the reconstruction of an interchange and a proposed widening of the Northern State Parkway, arguing that the projects' cumulative environmental effects required an Environmental Impact Statement (EIS). The Supreme Court dismissed the petition, but the Appellate Division reversed, annulling the negative declaration and remitting the case to DOT. The Court of Appeals affirmed the Appellate Division's order, concluding that DOT erred by not considering the combined environmental effects of the interchange reconstruction and the parkway widening, as these were interdependent projects under SEQRA regulations. The Court also held that DOT must apply the more protective Department of Environmental Conservation (DEC) regulations and that the Village's proceeding was timely because DOT failed to provide proper notice of the negative declaration.

Environmental LawSEQRACPLR Article 78Negative DeclarationEnvironmental Impact StatementProject SegmentationCumulative ImpactsNotice RequirementsStatute of LimitationsHighway Construction
References
7
Case No. MISSING
Regular Panel Decision

Yuhas v. Provident Life & Casualty Insurance

Deborah Yuhas sued Provident Life and Casualty Insurance Company under ERISA for long-term disability benefits, claiming physical disability. Yuhas, a graphic designer, initially received benefits for a mental condition, which ceased after 24 months due to policy limitations. She subsequently appealed, claiming physical disabilities from a car accident, leading to a retroactive award of benefits for a specific period (October 1991 through May 1993) but no further benefits. Provident repeatedly denied her claim for benefits beyond May 1993, citing lack of objective physical disability and the expiration of appeal periods. Yuhas filed suit in September 2000, but the court granted Provident's motion for summary judgment, ruling that her claim was barred by the three-year statute of limitations, which had accrued by December 13, 1993, at the latest.

ERISALong Term Disability BenefitsSummary JudgmentStatute of LimitationsAccrual of Cause of ActionDisability Insurance PolicyMental DisorderPhysical InjuryAppeals ProcessRepudiation of Claim
References
13
Case No. MISSING
Regular Panel Decision

Schreiber v. K-Sea Transportation Corp.

Nicholas Schreiber, a seaman employed by K-Sea Transportation, sustained injuries. After receiving maintenance and medical expenses, he agreed to K-Sea's arbitration program for further claims in exchange for advance wages. Following a deterioration of his condition and additional surgeries, Schreiber sued K-Sea under the Jones Act. K-Sea initiated arbitration, but Schreiber sought to stay it due to the substantial filing fees and his claim of being unaware of his rights. The Supreme Court granted a permanent stay, deeming the agreement unconscionable and a waiver of jury trial rights. This appellate court reversed, finding the agreement was not a release and the financial burden was speculative. The case was remanded to the Supreme Court for a hearing to determine if Schreiber's waiver of Jones Act rights and agreement to arbitrate was freely and knowingly entered into, considering his status as a ward of admiralty.

Jones ActArbitration AgreementSeaman InjuriesPersonal Injury ClaimWaiver of RightsFederal Arbitration ActEmployment ContractsAppellate ReviewRemand for HearingMaritime Law
References
21
Case No. MISSING
Regular Panel Decision
Aug 27, 2007

Rochester-Genesee Regional Transportation Authority v. Brigid Hynes-Cherin

The Rochester-Genesee Regional Transportation Authority (RGRTA) and its subsidiary, Regional Transit Service (RTS), moved to stay a Federal Transit Administration (FTA) decision dated July 30, 2007. The FTA had ordered RGRTA to cease providing school bus services on routes deemed "prohibited school bus operations" and barred RGRTA from receiving certain federal funds. RGRTA appealed this decision under the Administrative Procedure Act and sought a stay pending judicial review. The court, presided over by Judge Larimer, granted the stay in part, postponing the effective date of the FTA's order until October 1, 2007. This partial stay was granted primarily to prevent irreparable harm and potential chaos in student transportation due to the imminent start of the school year, despite the court not being convinced that RGRTA was likely to prevail on the merits or would suffer irreparable harm. The court emphasized the public interest in ensuring orderly student transportation. All other aspects of the plaintiff's motion for a stay were denied.

School Bus TransportationFederal Transit Administration (FTA)Stay OrderAdministrative Procedure Act (APA)Judicial ReviewPublic InterestIrreparable HarmTripper ServicePublic TransportationCompetition Law
References
32
Case No. 2017 NY Slip Op 01785
Regular Panel Decision
Mar 09, 2017

Henvill v. Metropolitan Transportation Authority

Winston Henvill appealed the dismissal of his complaint and the denial of his petition to vacate an arbitration award, which resulted in the termination of his employment. The Supreme Court had granted defendants' motion to dismiss Henvill's complaint and denied his petition seeking to vacate the arbitration award based on a finding of misconduct. Henvill argued that the Metropolitan Transportation Authority Police Benevolent Association (PBA) breached its duty of fair representation and that the arbitrator's fact-finding was irrational. The Appellate Division affirmed the lower court's decisions, finding no evidence that the PBA's conduct was arbitrary, discriminatory, or in bad faith. Furthermore, the court emphasized that judicial review of arbitration awards is limited to statutory grounds and does not permit reviewing the arbitrator's findings of fact.

Breach of Duty of Fair RepresentationArbitration AwardEmployment TerminationMisconductCPLR Article 75Vacatur of Arbitration AwardCollective Bargaining AgreementAppellate ReviewJudicial Review of ArbitrationLabor Law
References
12
Case No. MISSING
Regular Panel Decision

O'Hare v. General Marine Transport Corp.

In this opinion, the District Court denied General Marine Transport Corporation's motion to amend a prior judgment that awarded damages to the Trustees of the New York Marine Towing and Transportation Industry Pension Fund and Insurance Fund. General Marine sought to amend the judgment based on the recent Supreme Court ruling in DelCostello v. International Brotherhood of Teamsters, arguing for the application of a six-month limitations period. The court determined that DelCostello specifically applies to "hybrid 301/fair representation" claims and does not necessitate a departure from the previously applied six-year New York state statute of limitations for breach of contract actions, citing Auto Workers v. Hoosier Corp. Therefore, the motion was denied, reaffirming the earlier decision.

Motion to Amend JudgmentStatute of LimitationsLabor LawBreach of ContractFederal Rules of Civil ProcedureNational Labor Relations ActLabor Management Relations ActHybrid 301/Fair Representation ClaimsPension FundInsurance Fund
References
16
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