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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
Sep 28, 1979

Fiat Motors of North America, Inc. v. National Highway Traffic Safety Administration of the Department of Transportation

Plaintiff Fiat Motors of North America, Inc. sought a preliminary injunction to prevent the National Highway Traffic Safety Administration (NHTSA) from holding a hearing concerning alleged defects in Fiat vehicles and a repurchase campaign. Fiat contended it was deprived of adequate notice, an opportunity to present its views, and a hearing before an impartial tribunal. The court, presided over by District Judge Metzner, applied the exhaustion of remedies doctrine, emphasizing that judicial intervention is typically warranted only after a final agency determination. The court denied Fiat's motion, finding that Fiat received reasonable notice, its constitutional claims could be addressed at the hearing and were subject to de novo review, and there was insufficient evidence of agency bias. Consequently, the court ordered the hearing to proceed as scheduled on September 28, 1979.

Preliminary InjunctionAdministrative LawJudicial ReviewExhaustion of RemediesDue ProcessAdequate NoticeImpartial TribunalNational Highway Traffic Safety AdministrationVehicle SafetyProduct Recall
References
9
Case No. 2023 NY Slip Op 03994
Regular Panel Decision
Jul 28, 2023

Miller v. W Servs. Group, LLC

David L. Miller (plaintiff) sustained injuries from a slip and fall, receiving workers' compensation benefits from Safety National Casualty Corp., the insurer for his employer, Apple, Inc. Miller settled his personal injury claim against W Services Group, LLC for $1,350,000. He then attempted a "walk away" agreement with Safety National, where the insurer would waive its lien in exchange for Miller waiving future workers' compensation benefits. After an initial agreement by email, Safety National reneged upon learning Miller returned to work. The Supreme Court in Onondaga County enforced this settlement, but the Appellate Division, Fourth Department, reversed, ruling that any such agreement involving a waiver of a workers' compensation lien requires approval from the Workers' Compensation Board to be enforceable. The matter was remitted to the Supreme Court for further proceedings on alternative relief.

Workers' Compensation LawSettlement EnforceabilityLien WaiverAppellate ProcedureJudicial ReviewWorkers' Compensation BoardThird-Party LiabilityInsurance SubrogationContract DisputeStatutory Interpretation
References
3
Case No. ADJ4214070 (VNO 0470391) ADJ2500750 (VNO 0552466)
Regular
Dec 12, 2011

CINDY MORAN-PRUITT vs. ANTELOPE VALLEY HOSPITAL, Safety National, Traveler's Insurance Company, Frontier Insurance Company

This case involves a dispute over workers' compensation contribution between Safety National and Travelers Insurance Company. Safety National sought reconsideration of an arbitrator's decision finding them liable for a portion of the applicant's injury. The Appeals Board granted reconsideration because the arbitrator's decision lacked a required Minutes of Hearing and Summary of Evidence, preventing a proper review. The Board found the record incomplete and returned the case to the trial level for further proceedings and a decision that complies with procedural requirements.

Workers' Compensation Appeals BoardSafety NationalTravelers Insurance Companyindustrial injurycontributionuntimely filedinjurious exposurecumulative traumadue processMinutes of Hearing
References
4
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. No. 77 Civ. 4712 (MP)
Regular Panel Decision
Mar 27, 1978

National Ben. Fund, Etc. v. Presby. H., Etc.

The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) sued Presbyterian Hospital in the City of New York, Inc. (Hospital) to recover allegedly owed contributions based on collective bargaining agreements. The Hospital moved to dismiss, asserting the action was barred by a prior arbitration award between the Union (District 1199, National Union of Hospital and Health Care Employees) and the Hospital, which concerned the same contributions and was dismissed due to the Union's unreasonable delay. The District Court, treating the motion as one for summary judgment, held that the arbitration award had res judicata effect. The court determined that the Funds were either in privity with the Union or acted as third-party beneficiaries subject to the same defenses as the promisee Union. Consequently, the court granted the Hospital's motion to dismiss the complaint.

Arbitration AwardRes Judicata DoctrineEmployee Benefit FundsCollective Bargaining DisputesSummary Judgment MotionHospital Labor RelationsUnion RepresentationERISA ClaimsPreclusionFederal District Court
References
19
Case No. 2021 NY Slip Op 02981
Regular Panel Decision
May 11, 2021

Cruz v. National Convention Servs., LLC

Plaintiff David Cruz appealed a Supreme Court order that granted summary judgment to defendant National Convention Services, LLC, dismissing his complaint for injuries sustained at the Jacob K. Javits Convention Center in 2015. Cruz, an employee of NYCCOC, alleged negligence by Vincent Torres and Anthony Scura, general employees of NYCCOC, claiming they were special employees of National, thereby making National liable. The Supreme Court ruled his claims were barred by the Workers' Compensation Law's exclusive remedy doctrine, finding Torres and Scura were not National's special employees. The Appellate Division affirmed this decision, concluding that National did not supervise or direct the carpenters' work, and NYCCOC remained responsible for their wages, assignments, and on-site supervision. Therefore, the court found, as a matter of law, that Torres and Scura were not special employees of National Convention Services, LLC.

Summary judgmentWorkers' Compensation LawExclusive remedy doctrineSpecial employee doctrineAppellate reviewPersonal injuryNegligenceJavits CenterEmployer liabilityVicarious liability
References
6
Case No. MISSING
Regular Panel Decision

National Foods, Inc. v. Rubin

Plaintiff National Foods, Inc. ("Hebrew National") filed a civil rights action against Rabbi Rubin, Director of the Kosher Law Enforcement Division of the New York State Department of Agriculture and Markets, under 42 U.S.C. § 1983 and the Fourteenth Amendment. Hebrew National alleged abuse of state investigatory powers, claiming violations of the due process, establishment, free speech, and commerce clauses, seeking damages and injunctive relief. The complaint detailed events including a 1985 inspection, a subsequent altered report, a 1987 fine, public statements by Rubin, and a 1989 subpoena related to Hebrew National's Indianapolis plant. Defendant Rubin moved to dismiss the amended complaint for failure to state a claim, arguing that the allegations amounted to a state tort defamation claim. The court granted Rubin's motion, finding that Hebrew National failed to allege actionable constitutional deprivations under the "reputation-plus" standard for due process claims, presented no facts suggesting a theological dispute for the establishment clause claim, offered conclusory allegations for the free speech claim, and did not demonstrate a substantial burden on interstate commerce for the commerce clause claim.

Civil Rights Action42 U.S.C. § 1983Due Process ClauseFourteenth AmendmentCommerce ClauseEstablishment ClauseFree Speech ClauseMotion to DismissConstitutional LawState Official Liability
References
16
Case No. ADJ8835104
Regular
Feb 21, 2023

SHERRY DULANEY vs. JOHN MUIR MEDICAL CENTER, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration to clarify that Labor Code section 5814 penalties for delayed compensation are payable to the applicant, not their attorney. The Board affirmed the WCJ's decision to award penalties due to the defendant's unreasonable delay in paying a settlement award. The issue of separate section 5814.5 fees was deferred for further consideration. The decision confirms the applicant's entitlement to penalties for late payment of compensation.

WCABPetition for ReconsiderationLabor Code section 5814penaltiesunreasonable delayattorney feesStipulation with Request for AwardAdjudication Numberpermanent disabilityindustrial injury
References
1
Case No. MISSING
Regular Panel Decision

Yoda, LLC v. National Union Fire Insurance

The Supreme Court, New York County, initially denied defendant National Union Fire's motion to dismiss the complaint and granted plaintiffs' cross motion for summary judgment, declaring the insurer’s disclaimer of coverage ineffective under Insurance Law § 3420 (d). The appellate court unanimously modified this order, denying the cross motion for summary judgment without prejudice to renewal after discovery, citing the lack of conducted discovery. However, the appellate court affirmed the denial of National Union’s motion to dismiss, noting lingering questions regarding the parties' intentions, the terms of the subcontract, and National Union’s delay in disclaiming coverage, which prevent a determination that Yoda and Riverhead were not additional insureds. Additionally, the employers’ liability exclusion in National Union's policy was found unavailing, as liability would be indirect if Yoda and Riverhead are determined to be additional insureds.

Insurance CoverageDisclaimer of CoverageSummary JudgmentMotion to DismissAdditional Insured StatusEmployers' Liability ExclusionAppellate ReviewDiscovery ProceedingsSubcontract TermsLabor Law Litigation
References
5
Case No. MISSING
Regular Panel Decision

National Casualty Co. v. Allcity Insurance

This case concerns an appeal from an order of the Supreme Court, Bronx County, which initially denied Allcity Insurance Company's motion for summary judgment and granted National Casualty Company's cross-motion for reimbursement. The underlying dispute involved National's request for one half of settlement and defense costs from Allcity, stemming from a personal injury action where the owner and general contractor were additional insureds on a subcontractor's general liability policy. The appellate court unanimously reversed the lower court's decision, granting Allcity's motion and denying National's cross-motion. The reversal was based on the antisubrogation rule, which precluded National from seeking recovery from Allcity, the subcontractor's workers' compensation carrier, as Allcity would not have been obligated to contribute to the settlement. Consequently, the complaint against Allcity was dismissed.

Summary JudgmentAntisubrogation RuleAdditional InsuredReimbursementDefense CostsGeneral Liability PolicyWorkers' Compensation CarrierAppellate DivisionInsurance LawPersonal Injury Action
References
2
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