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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

Fleischer v. McKenica Corp.

Paul Fleischer died in China in 1997, leading his widow and children to file for workers' compensation death benefits. Initial confusion arose regarding the responsible carrier, with National Union and Travelers Insurance Company both involved. Travelers initially disclaimed coverage but was later determined to be the employer's true carrier. The Workers' Compensation Law Judge found Travelers' notice of controversy untimely and applied a presumption of work-related death, a decision upheld by the Workers' Compensation Board. The employer appealed, arguing the 25-day period for controverting the claim started later. The Appellate Division affirmed the Board's decision, concluding that Travelers' notice of controversy was indeed untimely and that the presumption of causation was appropriately applied.

Workers' Compensation BoardDeath Benefits ClaimCarrier LiabilityTimeliness of NoticeWorkers' Compensation Law § 25Workers' Compensation Law § 21Presumption of CausationInsurance Coverage DisputeAppellate ReviewEmployer Appeal

References

Case No. MISSING

Regular Panel Decision

State v. Fleischer

The State initiated a motion for summary judgment to reclaim salary and tuition funds provided to the defendant for graduate studies. The defendant had contractually agreed to return to employment with the Sullivan County Department of Social Services as a caseworker for a period proportional to the educational leave. However, the defendant subsequently refused to fulfill this obligation, prompting the State's legal action for breach of contract. The defendant argued that the county breached the agreement and that an oral modification occurred, but the court found these claims unsubstantiated by the clear contractual terms and a warning letter from the Commissioner. Consequently, the court found no triable issues of fact and granted summary judgment in favor of the State, ordering the defendant to reimburse the $11,731.82.

Contract LawBreach of ContractSummary JudgmentEducational LeaveScholarship AgreementPublic Welfare EmployeesSocial Services LawEmployee TrainingState Recovery ActionCounty Employment

References

Case No. MISSING

Regular Panel Decision

Freilich v. Fleischer

This order affirms the denial of the defendant's motion to vacate a temporary injunction. The temporary injunction was originally granted on May 27, 1923. The court unanimously affirmed the denial, awarding twenty dollars in costs and disbursements, without providing a written opinion. The panel included Justices Martin, P. J., Merrell, McAvoy, O’Malley, and Untermyer, JJ.

temporary injunctionmotion to vacateappellate decisionaffirmedcosts and disbursementsno opinionjudicial paneldenial of motioncivil procedure

References

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Fleischer v. McKenica Corp.

State v. Fleischer

Contract LawBreach of ContractSummary JudgmentEducational LeaveScholarship AgreementPublic Welfare EmployeesSocial Services LawEmployee TrainingState Recovery ActionCounty Employment

Freilich v. Fleischer

temporary injunctionmotion to vacateappellate decisionaffirmedcosts and disbursementsno opinionjudicial paneldenial of motioncivil procedure