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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

Farkas v. Rumore

Union members and plaintiff Lawrence Farkas brought an action against Coca-Cola Bottling Company of New York, Inc., Soft Drink and Brewery Workers Union, Local 812, and its president Anthony Rumore. Plaintiffs alleged unlawful ratification of a collective bargaining agreement by the union and employer participation in the misconduct, under the LMRDA and LMRA. Plaintiff Farkas also claimed wrongful discharge by the employer and mishandling of his termination arbitration by the union. The court denied summary judgment for the LMRDA claims against the union regarding contract ratification but granted it for the LMRDA claim against Anthony Rumore. Summary judgment was also granted to Coca-Cola on the LMRA ratification claim. Furthermore, Farkas's individual claims for duty of fair representation against the union and breach of collective bargaining agreement against Coca-Cola were dismissed due to his failure to exhaust contractual remedies.

Labor LawLMRDALMRAUnion RightsCollective BargainingContract RatificationDuty of Fair RepresentationWrongful TerminationSummary JudgmentFederal Civil Procedure
References
38
Case No. MISSING
Regular Panel Decision

Cleary v. Board of Education

The petitioner, a substitute school teacher, sought retroactive membership in the New York State Teachers’ Retirement System after the enactment of Retirement and Social Security Law § 803. Respondent, her employer, denied her application. Petitioner then initiated a CPLR article 78 proceeding, which the Supreme Court granted, annulling the Hearing Officer's determination due to lack of a rational basis. The respondent appealed this decision. The Appellate Court affirmed the Supreme Court's judgment, concluding that the Hearing Officer's finding that the petitioner participated in a procedure requiring a formal decision to join the retirement system lacked a rational basis, as the evidence presented by the respondent, including W-4 forms, personnel notations, and general office practice testimony, was insufficient to meet the burden.

Retroactive membershipTeachers’ Retirement SystemCPLR article 78Rational basis reviewStandard office practiceEvidence sufficiencyConstitutional challengeSubstitute teacherPublic retirement systemNew York law
References
6
Case No. MISSING
Regular Panel Decision

Sibley, Lindsay & Curr Co. v. Bakery, Confectionery & Tobacco Workers International Union

Sibley, Lindsay and Curr Co. challenged the constitutionality of the Multiemployer Pension Plan Amendment Act of 1980 (MPPAA)'s retroactive withdrawal liability provisions. Sibley's had closed its bakery and withdrawn from a multiemployer pension fund on May 31, 1980, before the MPPAA was enacted on September 26, 1980, which made its withdrawal liability provisions retroactive to April 29, 1980, subjecting Sibley's to a $315,927.00 liability. The court applied the Nachman four-factor test to assess the due process implications of this retroactive application. It found that Sibley's reliance interest outweighed that of other parties, the new liability was drastically different from prior regulations, and imposing the burden retroactively was inequitable and lacked moderating provisions. Consequently, the court ruled that the retroactive application of MPPAA violated Sibley's Fifth Amendment due process rights, granting Sibley's motion for summary judgment and denying the defendants' cross-motions.

MPPAAERISAWithdrawal LiabilityRetroactive LegislationDue ProcessFifth AmendmentSummary JudgmentPension FundsConstitutional LawMultiemployer Plans
References
7
Case No. ADJ10560449
Regular
Sep 28, 2018

CYNTHIA AVALOS vs. YOUNGS CARGO, INC., SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY

This case involves a workers' compensation claim where the applicant, Cynthia Avalos, sustained injuries while driving for Young's Cargo, Inc. (YCI). Southeast Personnel Leasing, Inc. (SPLI), argued it was not the applicant's employer, citing a co-employment agreement with YCI and the timing of receiving application paperwork. The Workers' Compensation Appeals Board denied SPLI's petition for reconsideration and dismissed its petition for removal. The Board affirmed the finding of joint and several liability for both SPLI and YCI, based on evidence of a dual employment relationship and SPLI's retroactive ratification of the applicant's employment status by issuing a paycheck.

Dual employmentSpecial employmentJoint and several liabilityCo-employment agreementRetroactive ratificationThreshold issueFindings of Fact and AwardPetition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision
Mar 31, 1989

Cutler v. Travelers Insurance

This opinion addresses a class action involving consolidated cases where plaintiffs, acting as class representatives, seek retroactive recovery of attorneys' fees and expenses from defendant workers' compensation carriers. The central issue is whether the holding in Matter of Kelly v State Ins. Fund (1983), which redefined equitable apportionment of litigation expenses under Workers’ Compensation Law § 29 (1) to include future compensation benefits, should be applied retroactively. Defendants argued against retroactivity, asserting that previously settled or adjudicated claims should not be reopened. The court, citing precedents such as Gurnee v Aetna Life & Cas. Co. (1982) and Becker v Huss & Co. (1977), determined that the amendment to Workers’ Compensation Law § 29 (1) merely clarified an existing statute rather than creating new liability, thereby supporting retroactive application similar to Kurcsics. Distinguishing the case from Ianielli v North Riv. Ins. Co. (1986), where a formal general release was involved, the court found that the instant cases lacked prior adjudication of contested issues or a general release, warranting retroactivity of the Kelly decision. Consequently, the court denied the defendants' motions for summary judgment, concluding that triable issues of fact existed.

RetroactivityWorkers' CompensationSummary JudgmentClass ActionLitigation ExpensesAttorneys' FeesEquitable ApportionmentInsurance LienFuture BenefitsStatutory Interpretation
References
11
Case No. MISSING
Regular Panel Decision

Metropolitan Life Insurance v. Durkin

The plaintiff, Metropolitan Life Insurance Company, initiated an action seeking a declaration that sections 213 and 213-a of the New York State Insurance Law prohibited the retroactive payment of a wage increase. This increase of $2.85 per week was awarded by the National War Labor Board to its insurance agents, dating back to the start of arbitration proceedings. The plaintiff argued these statutes, designed to prevent excessive post-facto compensation, made such retroactive payments unlawful. However, the trial court and Appellate Division, whose decision was affirmed, concluded that the statutes were not intended to interfere with the common practice of collective bargaining and arbitration, which frequently involves retroactive wage adjustments. The court emphasized that the legislative intent behind the insurance laws was to curb abuses like bonuses and gratuities, not to hinder ordinary and orderly wage-fixing mechanisms, thereby affirming the legality of the retroactive wage increase.

Insurance RegulationRetroactive CompensationCollective Bargaining DisputesWage Arbitration AwardNew York Insurance LawLabor Relations BoardStatutory InterpretationAppellate Court RulingEmployee Benefits LitigationContractual Agreements
References
5
Case No. MISSING
Regular Panel Decision

Unicorn Developers, Ltd. v. Commissioner of Labor

The petitioner sought to nullify two orders entered as judgments by the Commissioner of Labor, arguing the retroactive application of 1989 Labor Law amendments (sections 220 and 220-b) was impermissible for orders issued in March 1987. The court examined whether these amendments, allowing administrative orders to be filed as judgments, could be applied retroactively. It found that such application would violate the petitioner's due process rights by stripping away vested defenses, particularly the Statute of Limitations. The court concluded that retroactive application was improper, especially since it would resurrect a time-barred claim for one of the orders. Consequently, the petition was granted, and the judgments entered by the Commissioner were declared null and void.

RetroactivityStatutory InterpretationDue ProcessLabor LawPrevailing WagePublic Works ContractsAdministrative OrdersJudgment EnforcementStatute of LimitationsCPLR Article 78
References
11
Case No. MISSING
Regular Panel Decision

Micamold Radio Corp. v. Beedie

This case addresses a plaintiff's request for an injunction in a labor dispute. The court examined the retroactive application and constitutionality of Chapter 477 of the Laws of 1935, which amended the Civil Practice Act by adding section 876-a, outlining specific conditions for issuing injunctions in such disputes. The new law imposes rigorous requirements, including findings of unlawful acts, irreparable injury, and a lack of adequate public protection. After reviewing various legal precedents on statutory retroactivity, the court determined that the 1935 statute affects substantive rights, not merely procedural forms. Consequently, the court concluded that the law cannot be applied retroactively to the plaintiff's pre-existing cause of action, thus ruling in favor of the plaintiff.

injunctionlabor disputestatutory interpretationretroactivityCivil Practice ActSection 876-aequitable reliefsubstantive lawprocedural lawworker rights
References
18
Case No. MISSING
Regular Panel Decision

In Re Hayward

Debtors Jerald John Hayward, II and Lois Evelyn Hayward filed for Chapter 7 bankruptcy and claimed an increased homestead exemption of $50,000 under a New York law amendment. CFU Community Credit Union objected, arguing the amendment should not apply retroactively to pre-amendment debts. The Chapter 7 Trustee and Debtors asserted the amendment's retroactive application was intended. The court, adopting reasoning from In re Little, ruled the Homestead Exemption Amendment is a remedial statute with intended retroactive application, which does not violate the United States Constitution or creditors' vested rights. Consequently, the Debtors' claim for the higher homestead exemption was upheld, and the Credit Union's motion was denied.

Chapter 7Bankruptcy LawHomestead ExemptionRetroactive ApplicationRemedial StatutesNew York State LawCreditors' RightsVested RightsStatutory ConstructionUnited States Constitution Article 1 Section 10
References
10
Case No. 96
Regular Panel Decision
Oct 24, 2017

American Economy Insurance Company v. State of New York

The New York Court of Appeals examined the constitutionality of a 2013 amendment to Workers' Compensation Law § 25-a, which closed the Special Fund for Reopened Cases to new applications. Plaintiff insurance companies argued this imposed unfunded liabilities for policies finalized before the amendment, violating constitutional clauses. The Appellate Division had found the amendment unconstitutional as retroactively applied. However, the Court of Appeals reversed, concluding that even assuming a retroactive impact, it was constitutionally permissible under the Contract, Takings, and Due Process Clauses. The court found the amendment did not impair contracts, identify a vested property interest, or violate due process, as its retroactive application served a rational legislative purpose to benefit New York businesses.

Workers' CompensationInsurance LawRetroactive LegislationContract ClauseTakings ClauseDue ProcessSpecial Fund for Reopened CasesConstitutional LawLegislative AmendmentPolicy Liability
References
45
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