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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
Case No. MISSING
Regular Panel Decision

Thomas v. Keystone Silver, Inc.

This case addresses a motion to dismiss a complaint filed under Section 16b of the Federal Fair Labor Standards Act. The central issue is whether an ex-employee can initiate and maintain a representative action on behalf of other current employees who are members of a rival union, particularly when these employees did not consent to the action and it proceeds against their will. The court ruled that such a representative action cannot be sustained under these circumstances, citing concerns about consent, interests of the represented parties, and public policy. The motion was granted to strike all allegations pertaining to the representative character of the action, except for Harry Orfinger's individual claim.

Fair Labor Standards ActRepresentative ActionLegal Capacity to SueMotion to DismissEx-EmployeeUnion RepresentationClass ActionMultiplicity of ActionsPublic PolicyEmployee Rights
References
4
Case No. MISSING
Regular Panel Decision

Renzi v. Case Manangement Concepts

In this workers' compensation case, the claimant sustained a compensable injury in 1998, with the claim becoming the Special Fund for Reopened Cases' liability in 2006. In 2008, a licensed massage therapist submitted requests for payment for services allegedly prescribed by the claimant's treating physician. The Special Fund objected, arguing massage therapists are not authorized providers under the Workers’ Compensation Law. A Workers' Compensation Law Judge (WCLJ) initially found massage therapy compensable if performed by a licensed therapist under a physician's supervision, holding payments in abeyance pending prescription submission. The Workers' Compensation Board affirmed this in an amended decision. This Court reversed the Board's decision, concluding that there was insufficient evidence to support the Board’s determination that the Special Fund is liable, as the massage therapist was not an authorized provider nor did they fall under any statutory exceptions like being a registered nurse, person trained in diagnostic techniques, physical therapist, or occupational therapist.

Workers' Compensation LawMassage TherapyAuthorized Medical ProvidersSpecial Fund for Reopened CasesCompensability of TreatmentStatutory ExceptionsAppellate ReviewProvider AuthorizationMedical Treatment GuidelinesSupervision of Care
References
4
Case No. UNKNOWN CASE NUMBER
Regular Panel Decision
Jan 01, 1970

Matter of Stange v. Angelica Textile Services, Inc.

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References
0
Case No. MISSING
Regular Panel Decision

Unsecured Claims Estate Representative of Teligent, Inc. v. Cigna Healthcare, Inc. (In Re Teligent Inc.)

This case is an appeal by Savage & Associates, P.C., acting as the Unsecured Claims Estate Representative for Teligent, Inc., against Cigna Healthcare. The Representative challenged the Bankruptcy Court's summary judgment ruling, which determined that Teligent had assumed a group insurance contract with Cigna. The central issue on appeal was whether the original insurance policy terminated due to periodic rate renewals, thereby giving rise to new contracts and allowing the recovery of preference payments made to Cigna. The Bankruptcy Court concluded that the insurance contract was a single, continuous agreement, with re-ratings merely adjustments rather than terminations. The District Court affirmed this decision, holding that the policy lacked a fixed term and continued indefinitely, and that rate renewals did not constitute new contracts.

BankruptcyInsurance ContractExecutory ContractContract AssumptionSummary JudgmentAppealPreference PaymentsRate RenewalContract InterpretationDelaware Law
References
36
Case No. ADJ8094646
Regular
Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813
References
0
Case No. ADJ1174751 (SAC 0331800), ADJ6448656, ADJ6448658
Regular
May 22, 2008

LAWRENCE BURNELL vs. SOLANO GARBAGE

The Workers' Compensation Appeals Board granted reconsideration in one case (ADJ1174751) and denied it in two others (ADJ6448656 and ADJ6448658). For the granted case, the Board amended the decision to find no permanent disability due to a back injury, based on a later medical report that superseded an earlier one. Reconsideration was denied in the other two cases, as the defendant failed to prove overlap of disability for apportionment purposes as required by law. The Board affirmed the original decisions in ADJ6448656 and ADJ6448658.

Workers' Compensation Appeals BoardSolano GarbageLawrence BurnellADJ1174751ADJ6448656ADJ6448658ReconsiderationFindings and AwardPermanent DisabilityQualified Medical Evaluator
References
2
Case No. MISSING
Regular Panel Decision
Feb 08, 2013

Claim of Pankiw v. Eastman Kodak Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Claimant, who suffered work-related injuries in 2004, had a 20% schedule loss of use of his left arm opined in 2007, and a consequential right shoulder injury was added in 2008 with a 30% schedule loss of use, for which the Special Fund became liable. In 2011, claimant sought further action, leading a WCLJ to transfer liability to the Special Fund. However, the Board reversed, finding the case was not "truly closed" because the issue of the left arm injury remained unaddressed. The Appellate Division affirmed the Board's decision, holding that the lack of resolution on the left arm injury meant further proceedings were contemplated, thus preventing the case from being deemed truly closed for liability transfer to the Special Fund.

Workers' CompensationSpecial Fund for Reopened CasesSchedule Loss of UseConsequential InjuryCase ClosureLiability ShiftAppellate DivisionFactual DeterminationCompensation PaymentsUnaddressed Issues
References
5
Case No. MISSING
Regular Panel Decision
Dec 26, 2013

Claim of Hunter v. Tops Market, Inc.

The case involves an appeal concerning the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant had an established workers' compensation claim for right carpal tunnel syndrome, with a later diagnosis of left carpal tunnel syndrome. Despite a 10% schedule loss of use for the right hand, the employer's request to transfer liability was denied by the Workers' Compensation Board. The Board ruled that the case was never truly closed because issues regarding the left carpal tunnel syndrome remained unresolved, as evidenced by a doctor's report. The Appellate Division affirmed this decision, concluding that substantial evidence supported the finding that further compensation proceedings were still contemplated, thereby preventing the transfer of liability.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational DiseaseSchedule Loss of UseTransfer of LiabilityCase ClosureBoard Decision AffirmedAppellate DivisionNerve Conduction Study
References
7
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