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

Case No. 127943/02; 103953/03
Regular Panel Decision

Roberts v. City of New York

District Council 37 (DC-37) brought two Article 78 proceedings (Roberts I and Roberts II) against the City of New York and its Department of Education, challenging the layoff of over 300 provisional civil service employees. DC-37 alleged violations of the Layoff Manual, improper retention of Work Employment Program (WEP) employees, unauthorized contracting out of services, and discriminatory separation of provisional employees who had passed civil service exams. The court found that the Layoff Manual did not create enforceable rights for employees. It also determined that claims regarding WEP workers and contracting out lacked sufficient legal grounds or required different remedies, characterizing these as managerial decisions. Consequently, the court dismissed both petitions, granting the City's cross-motions.

Civil Service LayoffsProvisional EmployeesArticle 78 ProceedingsUnion DisputesBudgetary ConstraintsGovernment Workforce ReductionWEP ProgramAnti-Displacement ProvisionsContracting OutPublic Sector Employment
References
7
Case No. MISSING
Regular Panel Decision

In re Robert Plan Corp.

Kenneth Kirschenbaum, the Chapter 7 Trustee for The Robert Plan Corporation and The Robert Plan of New York Corporation, sought court approval for fee awards for himself and his professionals for administering an ERISA plan. The U.S. Department of Labor (DOL) objected, asserting the court lacked jurisdiction to award fees from Plan assets and had specific objections to the reasonableness of the fees. The court affirmed its core jurisdiction over the Trustee's actions as Plan administrator and his professionals' compensation, regardless of whether payments came from Plan or estate assets, citing previous rulings. The court analyzed whether Bankruptcy Code §§ 326 and 330 conflicted with ERISA statutes concerning fiduciary compensation, concluding no substantive conflict existed and the Bankruptcy Code's specific compensation scheme governed. Ultimately, the court largely overruled DOL's objections and granted the fee applications for the Trustee, K & K, Witz, and Whitfield, deeming the requested amounts reasonable and compliant with the Bankruptcy Code. The awards are payable from the Plan's Pguy Account, with any shortfall covered by the Debtors' estate.

Bankruptcy LawERISAChapter 7 TrusteeFee ApplicationPlan AdministrationJurisdictionReasonable CompensationStatutory ConstructionDepartment of LaborFiduciary Duties
References
50
Case No. 2022 NY Slip Op 03321
Regular Panel Decision
May 19, 2022

Jackson v. Hunter Roberts Constr., L.L.C.

Plaintiff Robert Jackson sustained personal injuries after tripping and falling on a plywood ramp at a construction site while working as a plumber. He brought claims against the owner, Hunter Roberts Construction, L.L.C., and the general contractor, Bronx Parking Development Company, L.L.C., under Labor Law § 200 and for common-law negligence. The Supreme Court initially granted the defendants' motion for summary judgment. However, the Appellate Division modified this order, denying the defendants' motion and reinstating the Labor Law § 200 and common-law negligence claims, citing unresolved triable issues of fact concerning constructive notice of the alleged dangerous condition.

Personal InjuryConstruction Site AccidentSummary JudgmentLabor LawCommon-Law NegligenceDangerous ConditionConstructive NoticeAppellate ReviewTriable Issues of FactPlywood Ramp
References
4
Case No. MISSING
Regular Panel Decision
Jul 23, 2020

Matter of Thompson v. Hayduscko

Claimant Gloria Thompson, a licensed home health aide, was initially employed by M.E.A. Healthcare Services. She was later privately hired by Clare Hayduscko to provide nursing services to Eleanor Adamec, working over 40 hours per week and paid with Adamec's funds. In June 2007, Thompson injured her right ankle while caring for Adamec and filed a workers' compensation claim against Hayduscko, who she named as her employer. A Workers' Compensation Law Judge (WCLJ) twice determined that Thompson was an independent contractor, disallowing the claim. However, the full Workers' Compensation Board reversed, finding Thompson to be a domestic worker engaged in covered employment and Hayduscko to be her employer, establishing the claim for accidental injury. Hayduscko appealed this Board decision. The Appellate Division, Third Department, dismissed the appeal, ruling that the Board's determination of an employer-employee relationship is not a final, appealable order as it does not resolve all substantive issues in the claim and thus does not present a threshold legal issue for review prior to the Board's final determination.

Workers' Compensation LawEmployer-Employee DisputeIndependent Contractor StatusDomestic Worker DefinitionJurisdictionAppeal DismissalNon-Final DecisionAppellate Review LimitationsWorkers' Compensation Board DecisionHome Healthcare Services
References
12
Case No. 127943/02
Regular Panel Decision
Jan 29, 2003

Matter of Roberts v. City of New York

This case involves two separate Article 78 proceedings (Roberts I and Roberts II) brought by District Council 37 (DC-37) against the City of New York and its Department of Education (DOE). DC-37 challenged the layoff or termination of approximately 303 provisional civil service employees of the DOE, asserting violations of the City's Layoff Procedural Manual, unlawful displacement by WEP workers, and improper contracting out of services. Petitioners also argued in Roberts II that provisional employees who passed civil service exams were unfairly separated while other provisional employees who had not passed exams were retained. Justice Lewis Bart Stone ruled that the Layoff Manual did not create enforceable rights for employees, dismissed claims regarding WEP workers as speculative without specific violations, and found no legal restriction on the City's managerial decision to contract out services. The court also concluded that DC-37 failed to demonstrate arbitrary or capricious action by the City in the separation of provisional employees, thus dismissing both petitions.

LayoffsProvisional EmployeesArticle 78 ProceedingCivil Service LawUnion ContractBudgetary ConstraintsWork Experience Program (WEP)Contracting OutJudicial ReviewPublic Sector Employment
References
8
Case No. MISSING
Regular Panel Decision

Thompson v. Bosswick

Michael Thompson, a former estate manager for the Riverside Trust, sued its trustees Mark Bosswick and Sanford E. Ehrenkranz, and manager Peter Lambert. Thompson alleged defamation, tortious interference with prospective business and contractual relations, breach of the covenant of good faith and fair dealing, breach of contract related to a confidentiality agreement, breach of contract for severance pay, negligent misrepresentation, and tortious interference with employment relations. He claimed Lambert defamed him by spreading false information about kickbacks and misconduct to employment agencies and the Trust's principals, costing him job opportunities. The defendants filed a motion for summary judgment. The court granted the motion on all counts except for the defamation claim, which was granted in part and denied in part. Specifically, defamation claims concerning statements to Vincent Minuto and Lynn Warren survived, while others were dismissed due to lack of evidence or qualified privilege.

DefamationSummary JudgmentTortious InterferenceBreach of ContractAt-Will EmploymentQualified PrivilegeNegligent MisrepresentationEmployment LawSlanderKickbacks
References
51
Case No. 2020 NY Slip Op 03708
Regular Panel Decision
Jul 02, 2020

Matter of Roberts v. Eastman Kodak Co.

Claimant Shirley Roberts, injured in 1989, received workers' compensation benefits for a permanent partial disability. In 2017, her employer alleged she violated Workers' Compensation Law § 114-a by making a material misrepresentation, citing video surveillance of her performing duties as a church pastor despite reporting no volunteer work. A Workers' Compensation Law Judge found insufficient evidence of a violation, a decision affirmed by the Workers' Compensation Board. The Board credited Roberts' testimony that she did not consider her church activity as work or volunteer work, but rather spiritual worship. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence as the Board is the sole arbiter of credibility.

Workers' CompensationMisrepresentationDisability BenefitsCredibilityVideo SurveillanceChurch PastorVolunteer WorkMaterial FactPermanent Partial DisabilityAppellate Division
References
7
Case No. ADJ4464746 (SAC 0358795)
Regular
Oct 07, 2014

ANDREW THOMPSON (Deceased), EDITH THOMPSON (Spouse) vs. HUHTAMAKI AMERICAS, INC., ACE AMERICAN INSURANCE CO.

This case concerns a workers' compensation death benefit claim filed by Edith Thompson, widow of Andrew Thompson, who died from asbestos exposure. The defendant sought reconsideration of a prior ruling that her claim was not time-barred. The Board rescinded the prior decision, finding that Labor Code section 5406.5 requires death benefit claims for asbestos-related deaths to be filed within one year of the date of death. Edith Thompson's application, filed over a year after her husband's death, was therefore dismissed as untimely.

Workers' Compensation Appeals BoardAndrew ThompsonEdith ThompsonHuhtamaki AmericasInc.ACE American Insurance Co.toxic exposureasbestoscumulative traumadeath benefits
References
2
Case No. 2025 NY Slip Op 02472 [237 AD3d 1542]
Regular Panel Decision
Apr 25, 2025

Thompson v. Kuhaneck

This is a personal injury action stemming from a slip-and-fall accident at a worksite. Defendants appealed a Supreme Court order that partially denied their motion to preclude evidence or compel discovery from the plaintiffs. The Appellate Division, Fourth Department, dismissed defendant Derek Kuhaneck's appeal, concluding he was not an aggrieved party under CPLR 5511. Regarding the appeal by defendants MP Construction and Mark Pettit, the court affirmed the Supreme Court's decision, finding no abuse of discretion in denying disclosure of the plaintiff's Social Security Disability records (after in-camera review) and tax returns, as relevant information was available from other sources.

Slip and FallPersonal InjuryDiscoveryPreclusion of EvidenceSocial Security Disability RecordsTax ReturnsAppellate ProcedureAggrieved PartyCPLRJudicial Discretion
References
13
Case No. 534849
Regular Panel Decision
Jul 20, 2023

In the Matter of the Claim of Robert Perry

Claimant Robert Perry, a correction officer, appealed two decisions from the Workers' Compensation Board. Initially, Perry filed a claim in January 2017 for left hand and wrist injuries, which was established. He later sought to amend his claim in 2020 to include a causally-related left elbow injury, diagnosed in May 2020 and surgically repaired in February 2021. The Board, reversing a WCLJ decision, found the claim for the elbow injury time-barred under Workers' Compensation Law § 28, as it was filed more than two years after the original accident. The Board also denied Perry's application for reconsideration. The Appellate Division affirmed the Board's decisions, ruling that the claim for the left elbow injury was indeed time-barred and that the Board did not abuse its discretion in denying reconsideration, having properly weighed the evidence including conflicting medical records and claimant's testimony.

Workers' Compensation Law § 28Statute of LimitationsTimely FilingClaim AmendmentLeft Elbow InjuryMedical MisdiagnosisWorkers' Compensation BoardAppellate ReviewFactual IssueSubstantial Evidence
References
6
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