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

Case No. ADJ7586863
Regular
Nov 28, 2012

ISABEL FLORES vs. PACTIV, SPECIALTY RISK SERVICES

Defendant sought removal of an order continuing trial, arguing applicant's readiness to proceed was defective and further discovery, including a QME reexamination, was needed. However, subsequent events, including rescheduling the trial as a mandatory settlement conference and the parties requesting another supplemental QME report, rendered the petition moot. Consequently, the Appeals Board dismissed the Petition for Removal as moot because the case was no longer set for trial and discovery remained open.

Petition for RemovalMootQualified Medical EvaluatorDeclaration of ReadinessMandatory Settlement ConferenceSupplemental ReportContinued HearingDiscoveryWorkers' Compensation Appeals BoardAdministrative Law Judge
References
0
Case No. ADJ6674097
Regular
Jul 09, 2012

GLENDORA PARKS vs. ST. VINCENT MEDICAL CENTER, SEDGWICK CMS

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the administrative law judge's decision to proceed to trial. The defendant sought to have the agreed medical evaluator reexamine the applicant due to allegedly "stale" medical reports and to file new applications for specific injuries. However, the Board found that the defendant had not demonstrated significant prejudice and that the trial judge could properly address the issues, including the impact of surveillance videos not shown to the AME. The Board concluded that the case should proceed to trial as scheduled.

Petition for RemovalAgreed Medical Evaluator (AME)stale reportsurveillance videospecific injurycontinuous traumatrial judgedevelop medical recordprejudicial errorirreparable harm
References
1
Case No. 2019 NY Slip Op 05272
Regular Panel Decision
Jun 28, 2019

Carrington Mtge. Servs., LLC v. Sudano

In this mortgage foreclosure action, the plaintiff, Carrington Mortgage Services, LLC, appealed an order from the Supreme Court, Erie County, which dismissed its action against Linda M. Sudano on the grounds of lack of standing. The Appellate Division, Fourth Department, affirmed the dismissal, rejecting the plaintiff's arguments that collateral estoppel barred reexamination of standing and that the court erred in its determination. The appellate court emphasized that every court retains continuing jurisdiction to reconsider its interlocutory orders. Crucially, the plaintiff failed to include the necessary documents, such as the summons and complaint and evidence of assignment, in the record on appeal, preventing the court from verifying its standing as the holder or assignee of the note and mortgage at the commencement of the action. The court concluded that the plaintiff's failure to assemble a proper record compelled the affirmation of the lower court's order.

mortgage foreclosurestandingcollateral estoppelnote and mortgage assignmentappellate reviewrecord on appealsummary judgmentjurisdictionappellant's burdenErie County
References
10
Case No. MISSING
Regular Panel Decision

Brunetti v. Cape Canaveral Shipping Co., SA

Peter Brunetti, a longshoreman, sued Cape Canaveral Shipping Company, S.A., a shipowner, for personal injuries. Canaveral moved for summary judgment, arguing the suit was barred under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) Section 33(b) because Brunetti had accepted compensation under a Memorandum of Informal Conference, which Canaveral contended operated as an assignment of his rights. The court, reexamining prior Second Circuit decisions in light of the Supreme Court's Pallas Shipping Agency Ltd. v. Duris (1983) and the Third Circuit's Costa v. Danais Shipping Co. (1983), determined that a Memorandum of Informal Conference, absent a formal compensation order, does not constitute an "award in a compensation order" sufficient to trigger the assignment provisions of LHWCA Section 33(b). Consequently, the motion for summary judgment was denied.

Longshoremen's and Harbor Workers' Compensation Actassignment of claimscompensation ordersinformal conferencesummary judgment motionfederal statutory interpretationpersonal injury claimsthird-party liabilitymaritime lawworker compensation benefits
References
14
Case No. MISSING
Regular Panel Decision

Monarch Electrical Contracting Corp. v. Roberts

Petitioners, contractors belonging to the United Construction Contractors Association, appealed a judgment affirming the Commissioner of Labor's finding that they violated Labor Law section 220. The violation stemmed from failing to pay prevailing wages to 'trainee' electricians on a State-funded project, paying them less than journeymen rates. Petitioners argued that federally registered trainee programs, designed to combat discrimination and promote minority participation, should be recognized as equivalent to state-approved apprenticeship programs. The court, however, affirmed the Commissioner's interpretation, stating that Labor Law section 220 unambiguously requires individuals to be registered in a New York State Department of Labor apprenticeship program to be paid apprentice-level wages, irrespective of the federal programs' merits. The court acknowledged the importance of the trainee programs in reducing discrimination and suggested legislative reexamination of the statute, which unexpectedly frustrates this policy.

Prevailing WageApprenticeship ProgramsTrainee ProgramsLabor LawEmployment DiscriminationPublic Works ContractsStatutory InterpretationWage RequirementsConstruction Industry RegulationsFederal vs. State Programs
References
12
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