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

Case No. 2025 NY Slip Op 02405
Regular Panel Decision
Apr 24, 2025

Joseph Chen, Inc. v. Romona Keveza Collection LLC

This case, Joseph Chen, Inc. v Romona Keveza Collection LLC, addresses the application of the Freelance Isn't Free Act (FIFA) in New York. Plaintiffs Joseph Chen Inc., a photographer's company, and Dina Kozlovska, a fashion model, sought compensation from Romona Keveza Collection LLC (RKC) for unpaid services. The initial Supreme Court order, which denied both parties' motions for summary judgment, was appealed. The Appellate Division clarified that Chen Inc. qualified as a freelance worker under FIFA, even when utilizing assistants, and Kozlovska's prior agency involvement did not negate her freelance status. Consequently, the court modified the lower court's decision, granting the plaintiffs' motion for summary judgment on liability against RKC, thereby affirming their rights under the Freelance Isn't Free Act.

Freelance Isn't Free ActIndependent ContractorSummary JudgmentAdministrative CodeUnpaid ServicesSingle-Person OrganizationAppellate DivisionLiabilityStatutory InterpretationFashion Industry
References
2
Case No. MISSING
Regular Panel Decision

Roberts v. New York City Office of Collective Bargaining

This case concerns an appeal regarding the New York City Fire Department's "zero tolerance" policy, which mandates automatic termination for EMS employees who fail or refuse drug tests. Unions representing these employees argued that this policy should be subject to mandatory collective bargaining. The New York City Board of Collective Bargaining and a lower court ruled against the unions, asserting that the policy falls under management's disciplinary rights. The appellate court affirmed this decision, holding that disciplinary actions for EMS personnel are the sole province of the Fire Commissioner under the New York City Charter, and that deterring illegal drug use by EMS workers is critical to public safety and the FDNY's core mission.

Public SafetyEmergency Medical Services (EMS)Drug Testing PolicyZero ToleranceCollective BargainingMandatory BargainingNew York City Fire Department (FDNY)Fire CommissionerDisciplinary AuthorityNew York City Charter
References
12
Case No. MISSING
Regular Panel Decision

Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A A-1 Rent All

Garry Rollins, a maintenance technician at Texas College, was injured in October 2013 after falling from a scissor lift. He and Carla Rollins (the Rollinses) sued Texas College, a nonsubscriber to worker's compensation, for negligence, and MPF Investments, LLC d/b/a "A-1 Rent All" (from whom one of the lifts was rented) for negligence and negligent entrustment. The trial court granted summary judgments for Texas College and MPF, striking a letter from Dr. Barnett (Garry's physician) as inadmissible hearsay. On appeal, the Rollinses challenged the striking of evidence and the granting of summary judgments. The appellate court affirmed the trial court's decision, finding the doctor's letter inadmissible and that the Rollinses provided no evidence of causation for Texas College or that Garry fell from MPF's lift. The motion to reopen evidence was also denied because the evidence was not new or diligently sought.

Summary JudgmentNegligencePersonal InjuryMedical EvidenceHearsayCausationExpert TestimonyPreexisting ConditionAppellate ReviewAbuse of Discretion
References
23
Case No. MISSING
Regular Panel Decision

Graff v. United Collection Bureau, Inc.

This memorandum and order addresses a class action lawsuit filed by Thomas Graff against United Collection Bureau, Inc. under the FDCPA. The parties sought final certification of a class action and approval of a cy pres settlement. The proposed settlement included payments to a public interest organization, the representative plaintiff, administration costs, and attorneys' fees. However, one class member objected to various aspects, including the scope of the release and the class's geographic scope. The court ultimately denied final approval of the settlement, citing concerns with the broad release, the unexplained expansion of the class size without commensurate benefit, and the exclusive cy pres remedy, while upholding the magistrate judge's jurisdiction. The court also modified the class to be limited solely to the New York class.

Class Action SettlementFDCPA LitigationMagistrate Judge JurisdictionCy Pres RemedyDebt Collection PracticesRule 23(e) ReviewProcedural FairnessSubstantive FairnessScope of ReleaseClass Definition
References
48
Case No. MISSING
Regular Panel Decision

Reed v. Alamo Rent-A-Car, Inc.

Patricia K. Reed appealed the dismissal of her claims for retaliatory discharge and breach of employment contract against Alamo Rent-A-Car, Inc. The appellate court affirmed the dismissal of the retaliatory discharge claim, ruling that Reed failed to establish a causal link between her workers' compensation claim and her termination, despite the one-year statute of limitations not having run. However, the court reversed the dismissal of the breach of employment contract claim, concluding that the "FamPact" document constituted a binding employment agreement. The court also affirmed the dismissal of Reed's statutory claim under the Tennessee Workers’ Compensation Law, finding no private right of action for negligent case management. The case was remanded for further proceedings regarding the breach of contract claim.

Retaliatory DischargeBreach of Employment ContractWorkers' Compensation ClaimEmployment LawAt-Will EmploymentEmployee HandbookFamPactStatute of LimitationsCausation in EmploymentRelease of Liability
References
47
Case No. MISSING
Regular Panel Decision
May 10, 2000

Claim of Spurck v. Avis Rent-A-Car

Claimant, concurrently employed by Avis Rent-A-Car and First Call, suffered a work-related compensable injury during his employment with Avis in February 1995. The Workers’ Compensation Law Judge (WCLJ) established the case and determined claimant's average weekly wage based on wages from both concurrent employments. Avis sought reimbursement from the Special Disability Fund under Workers’ Compensation Law § 14 (6) for awards made when claimant’s wages at a subsequent employer (Autohaus South Volkswagen, Inc.) exceeded his Avis wages or pre-injury rate. Both the WCLJ and the Workers’ Compensation Board denied reimbursement, a determination that Avis and its carrier appealed. The Appellate Division affirmed the Board’s decision, concluding that Avis's liability was not greater under WCL § 14 (6) than it would have been under prior law, which is the relevant inquiry for Special Fund reimbursement.

Workers CompensationSpecial Disability FundConcurrent EmploymentAverage Weekly WageReimbursementEmployer LiabilityStatutory InterpretationAppellate ReviewReduced EarningsNew York Workers Compensation
References
5
Case No. MISSING
Regular Panel Decision

Booker v. Budget Rent-A-Car Systems

Plaintiff Anthony Booker, a black employee of Budget Rent-A-Car in Nashville, alleges race discrimination and racial harassment under Title VII and 42 U.S.C. § 1981, along with retaliation. He claims General Manager Guy Grundman subjected him to severe verbal abuse, racial slurs, and disproportionately harsh treatment, leading to a demotion in January 1993. Booker further alleges he was denied a promotion in April 1993 and retaliated against with a negative performance evaluation and denial of an Airport Manager position after filing an EEOC charge. The court granted in part and denied in part the defendants' motion for summary judgment. Booker's claims of racial harassment and discrimination regarding his demotion may proceed, but his failure to promote, retaliation, and wage discrimination claims were dismissed.

Racial HarassmentRace DiscriminationTitle VII42 U.S.C. § 1981Hostile Work EnvironmentSummary JudgmentDemotionEmployment LawSupervisor LiabilityDisparate Treatment
References
49
Case No. 2018-08-1394
Regular Panel Decision
Sep 25, 2019

Johnson, Frederick v. Enterprise Rent-A-Car

Frederick Johnson, a service technician, sustained injuries when a co-worker accidentally struck him with a van at Enterprise Rent-A-Car. Enterprise denied his claim, asserting his injuries resulted from horseplay and willful misconduct, which the employer prohibited. However, the Court found insufficient evidence to support the horseplay defense, concluding instead that the incident stemmed from a miscommunication and the co-worker's improper driving. The Court ruled that Mr. Johnson is likely to prevail on the merits, granting him medical and temporary total disability benefits. Enterprise was ordered to cover incurred medical expenses, provide a panel of physicians, and pay $885.95 in temporary total disability.

Workers' CompensationExpedited HearingHorseplay DefenseWillful MisconductMedical BenefitsTemporary DisabilityCredibility AssessmentMiscommunicationEmployee InjuryEmployer Liability
References
6
Case No. 2022 NY Slip Op 04702
Regular Panel Decision
Jul 26, 2022

Chen v. Romona Keveza Collection LLC

This case involves cross-appeals concerning the application of the Freelance Isn't Free Act (FIFA) to a photography business (Joseph Chen Inc.) and a model (Dina Kozlovska) against Romona Keveza Collection LLC and related entities for alleged nonpayment. The Appellate Division, First Department, addressed whether Joseph Chen Inc. and Dina Kozlovska qualified as "freelance workers" under FIFA. The court modified a March 11, 2021 order by reinstating Kozlovska's claim against all defendants, finding that the lower court erred in dismissing it. It also reversed a June 30, 2021 order, granting RKC's motion to vacate a default judgment, citing public policy for deciding cases on the merits. Appeals regarding other orders and sanctions were dismissed as academic or nonappealable. The case highlights issues of first impression regarding FIFA, particularly concerning corporate entities and workers represented by agents.

Freelance Isn't Free ActFIFANonpaymentPhotography ServicesModeling ServicesIndependent ContractorDefault JudgmentDismissal of ClaimsAppellate ReviewStatutory Interpretation
References
11
Case No. 2025 NY Slip Op 25014
Regular Panel Decision
Jan 21, 2025

New York State Pub. Empl. Relations Bd. v. New York City Off. of Collective Bargaining

The New York State Public Employment Relations Board (PERB) initiated a special proceeding against the New York City Office of Collective Bargaining (OCB) and related boards. PERB alleged that OCB's ongoing implementation of its contract-bar rule, which restricts post-expiration-of-contract decertification, was not substantially equivalent to the state's Taylor Law. OCB moved to dismiss the petition as untimely. The Supreme Court, New York County, denied the motion to dismiss PERB's declaratory judgment claim, finding it either a continuing violation or subject to a six-year statute of limitations that was not yet expired. However, the court dismissed PERB's accompanying Article 78 cause of action as untimely. Additionally, motions to intervene by several nonparties were denied, but their requests to appear as amici curiae were granted.

Public Employment Relations BoardCollective BargainingTaylor LawCivil Service LawDeclaratory JudgmentStatute of LimitationsContinuing Violation DoctrineContract Bar RuleDecertification PetitionNew York City Office of Collective Bargaining
References
37
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