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

Case No. 2022-03-0885
Regular Panel Decision
Jan 05, 2026

Anderson,Bennie v. City of Knoxville Department of Recreation

Bennie Anderson, an employee of the City of Knoxville Department of Recreation, sustained work-related injuries after a slip and fall. Although the employer accepted compensability and provided initial medical care, Anderson sought unauthorized treatment for conditions he claimed were related to the accident. The trial court denied his request for additional medical and temporary disability benefits, ruling he was unlikely to prove entitlement given he had reached maximum medical improvement (MMI) by authorized physicians. On appeal, the Tennessee Workers’ Compensation Appeals Board affirmed this decision, citing the employee's failure to present expert medical evidence supporting his claims and the absence of a proper appellate record. The Board emphasized that an employee's lay testimony alone is insufficient to establish medical causation for benefits.

Workers' CompensationMedical TreatmentTemporary Disability BenefitsMaximum Medical ImprovementImpairment RatingAppellate ReviewExpert Medical TestimonyCausationSlip and FallOrthopedic Injury
References
7
Case No. 2023 NY Slip Op 00701
Regular Panel Decision
Feb 09, 2023

Matter of Iwuchukwu (Active Transp. Servs.--Commissioner of Labor)

The case involves an appeal by Active Transport Services (ATS) from decisions of the Unemployment Insurance Appeal Board. The Board ruled that Godwin Iwuchukwu, a delivery driver for ATS, was an employee and eligible for unemployment insurance benefits, and that ATS was liable for contributions. The Appellate Division, Third Department, affirmed these decisions, finding substantial evidence supported the Board's determination of an employment relationship, based on ATS's control over drivers, and that Iwuchukwu had not voluntarily left employment without good cause, as he cited a lack of work.

Unemployment InsuranceEmployment RelationshipIndependent ContractorDelivery DriverLogistics BrokerSubstantial EvidenceUnemployment Benefits EligibilityVoluntary Leaving EmploymentDisqualifying MisconductAppellate Review
References
16
Case No. 2025 NY Slip Op 25151
Regular Panel Decision
Jul 01, 2025

Friends of Fort Greene Park v. New York City Parks & Recreation Dept.

This CPLR article 78 proceeding was brought by Friends of Fort Greene Park against the New York City Department of Parks and Recreation, challenging the environmental review process for a renovation project in Fort Greene Park. Petitioner alleged that the Parks Department failed to take a "hard look" at adverse environmental impacts, improperly segmented environmental review, issued a conditional negative declaration, and used an arbitrary tree valuation tool. The court denied the petition, finding that the Parks Department complied with SEQRA and rationally applied its protocols. The court also addressed a novel claim under New York's Green Amendment, concluding it creates a self-executing substantive right but found no violation in this context, as the project was justified by important government interests and aimed for long-term environmental improvement.

Environmental ReviewSEQRACEQRGreen AmendmentConstitutional LawPublic Park RenovationTree RemovalHistoric PreservationJudicial ReviewArticle 78 Proceeding
References
38
Case No. 2016-1618 K C
Regular Panel Decision
Mar 22, 2019

Active Care Med. Supply Corp. v. American Tr. Ins. Co.

This case concerns an appeal by Active Care Medical Supply Corp. against American Transit Ins. Co. regarding first-party no-fault benefits. The plaintiff, an assignee of Luciano Ernesto, sought summary judgment, while the defendant cross-moved to either dismiss the complaint or hold the action in abeyance. The defendant argued that Luciano Ernesto might be eligible for workers' compensation benefits, thus requiring a determination from the Workers' Compensation Board. The Civil Court granted the defendant's cross-motion to hold the action in abeyance. The Appellate Term affirmed this decision, reiterating that the Workers' Compensation Board has primary jurisdiction over the applicability of the Workers' Compensation Law and that courts should defer to the Board's determination.

No-Fault BenefitsWorkers' Compensation LawPrimary JurisdictionAbeyanceAppellate TermSummary JudgmentEligibility DisputeFirst-Party BenefitsInsurance CoverageAssignor-Assignee
References
9
Case No. MISSING
Regular Panel Decision
Jul 06, 1994

Active Glass Corp. v. Architectural & Ornamental Iron Workers Local Union 580

Active Glass Corp. sought to enjoin a labor arbitration demanded by Iron Union and Iron Funds, proposing instead a multiparty arbitration with Glaziers and Carpenters unions and their respective funds. Iron cross-moved to compel bilateral arbitration with Active, while Glaziers and Carpenters sought dismissal of Active's petition. The court confirmed the existence of an arbitration agreement between Active and Iron for the underlying dispute. Citing recent Second Circuit precedent, the court ruled it lacked authority to compel multiparty arbitration absent the parties' explicit consent. Consequently, Active's motion for preliminary injunction and multiparty arbitration was denied, and Iron's motion to compel bilateral arbitration was granted.

ArbitrationCollective Bargaining AgreementLabor DisputePreliminary InjunctionSummary JudgmentMultiparty ArbitrationBilateral ArbitrationFederal Arbitration ActJurisdictional DisputeContract Interpretation
References
23
Case No. MISSING
Regular Panel Decision

Dean v. Westchester County P.R.C.

Plaintiff Todd Dean filed an action under the Americans with Disabilities Act (ADA) against the Westchester County Department of Parks, Recreation and Conservation and Westchester County. He alleged disability discrimination, including wrongful termination, failure to hire, failure to promote, and unequal terms of employment, citing depression, anxiety, and post-traumatic stress disorder as his disabilities. The defendant moved to dismiss the plaintiff's amended complaints, arguing a failure to adequately plead a disability under the ADA and discriminatory treatment. The court granted the defendant's motion, dismissing the complaint with prejudice, based on the plaintiff's failure to demonstrate that his alleged impairment substantially limited a major life activity as legally defined. The court also disregarded the defendant's motion under Rule 11(a) of the Federal Rules of Civil Procedure.

ADADisability DiscriminationEmployment TerminationFailure to PromoteMajor Life ActivitySubstantial LimitationDepressionAnxietyPost-Traumatic Stress DisorderMotion to Dismiss
References
17
Case No. MISSING
Regular Panel Decision

Ward v. Mid-South Home Service

Appellant Lewis Eugene Ward, an hourly-paid employee of Mid-South Home Service, sustained a knee injury while playing basketball at a customer's home during a work break. The injury occurred when the work crew was waiting for more concrete. The employer did not sponsor the recreational activity, and it was not customary or required as part of the employment. The trial judge ruled that the injury did not arise out of employment, a decision which the Supreme Court affirmed. The Court held that purely personal recreational activities, even if occurring during a paid break on a job site, do not fall within the scope of worker's compensation unless there is clear employer sponsorship, custom, or direct benefit to the employer.

Worker's CompensationScope of EmploymentRecreational ActivityInjury during BreakArising out of EmploymentCourse of EmploymentPersonal ActivityEmployer SponsorshipBasketball InjuryConstruction Worker
References
5
Case No. MISSING
Regular Panel Decision

Claim of Kaplan v. Zodiac Watch Co.

Judge Bergan, in a dissenting opinion, argues against the strict interpretation of the 'personal acts' rule in Workers' Compensation cases, especially when an employee is assigned to work far from home. He contends that injuries sustained during personal activities, such as getting dressed to continue an employment-related journey, should be compensable, drawing parallels to cases where recreational activities or similar personal acts were covered. Bergan cites several precedents where employees working away from home were granted compensation for injuries incurred during activities that could be considered 'personal'. He emphasizes that an employer sending a worker far from their normal environment should bear the risk of injury in necessary personal activities. The order, however, was reversed, indicating a majority opinion that did not align with Bergan's dissenting view.

Workers' CompensationPersonal Acts DoctrineCourse of EmploymentDissenting OpinionForeign AssignmentTravelEmployee InjuryCompensabilityPremises RuleRisk of Injury
References
6
Case No. MISSING
Regular Panel Decision

Matter of General Elec. Co. (Elec., Etc., Workers)

A union sought to arbitrate a claim that a company violated an anti-discrimination provision of their collective bargaining agreement by not providing pension credits for time spent on union activities beyond the hours for which the company had agreed to pay. The collective bargaining agreement allowed for arbitration of disputes over its provisions but was silent on pensions. The court ruled that no bona fide dispute existed, as the anti-discrimination clause could not be used to force a change in a separate agreement about paid union time. The court reasoned that providing pension credits for unpaid union activity would discriminate in favor of union representatives, an obligation the company did not have. Therefore, there was no valid ground for arbitration, and the order of the Appellate Division was affirmed.

Collective Bargaining AgreementArbitrationPension CreditsAnti-Discrimination ClauseUnion ActivityEmployee BenefitsLabor DisputeAppellate ReviewJudicial Review of ArbitrationNew York State Law
References
2
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
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