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

Case No. 2018 NY Slip Op 08737
Regular Panel Decision
Dec 20, 2018

NYAHSA Servs., Inc., Self-Insurance Trust v. Recco Home Care Servs., Inc.

This case concerns an appeal from an order of the Supreme Court in Albany County. Plaintiff NYAHSA Services, Inc., Self-Insurance Trust, a self-insured trust providing workers' compensation coverage, sued defendant Recco Home Care Services, Inc. for unpaid adjustments after the defendant terminated its membership. Following an amendment to the complaint adding individual trustees as plaintiffs, the defendant asserted counterclaims for fraud, breach of fiduciary duty, and negligence against these trustees, which the Supreme Court dismissed as time-barred. The defendant also sought to amend its answer to include a counterclaim under General Business Law, which was denied. The Appellate Division, Third Department, found that the Supreme Court erred in dismissing the counterclaims for fraud and breach of fiduciary duty and in denying the cross-motion to amend for the General Business Law claim. Consequently, the Appellate Division modified the Supreme Court's order, reversing parts of the dismissal and denial, and affirmed the order as modified.

Workers' Compensation CoverageSelf-Insurance TrustFraud AllegationsBreach of Fiduciary DutyGeneral Business LawStatute of LimitationsAmended PleadingsCounterclaimsAppellate ReviewMotion to Dismiss
References
2
Case No. ADJ8300983
Regular
Apr 28, 2014

ALBERTO CHICO vs. ONEMOR, INC., dba McDONALD'S, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Appeals Board denied reconsideration for the Jacobs-represented lien claimants, upholding the disallowance of their liens due to a failure to prove industrial injury and insufficient evidence. However, the Board granted reconsideration for the Kauffman-represented lien claimants, rescinding the sanctions previously imposed. While agreeing that the Kauffman claimants also failed to prove injury, the Board found their conduct did not rise to the level of bad faith or frivolous tactics required for sanctions.

WCABlien claimantspetition for reconsiderationFindings and OrderOrder Overruling Objection and Imposing Sanctionsindustrial injuryprobative evidencesanctionsbad-faith actionsfrivolous
References
9
Case No. 04-CR-156
Regular Panel Decision

United States v. Taveras

Defendant Humberto Pepin Taveras faces a homicide trial where the government seeks the death penalty for the killings of two associates during a drug trafficking dispute. Senior District Judge Jack B. Weinstein addresses the admissibility of a self-defense claim, emphasizing heightened protections for defendants in capital cases and allowing more leeway for evidence favoring the defendant. The defense intends to establish self-defense through witness statements suggesting the victims, José Rosario and Carlos Madrid, had threatened Pepin and his family. The prosecution disputes this, arguing Pepin deliberately sought out and murdered the victims, thereby precluding a self-defense claim as he initiated the confrontations. The court ultimately rules that Pepin will be permitted to argue self-defense, and related evidence will be allowed, with a self-defense instruction to the jury contingent on sufficient proof being presented.

Self-defenseCapital punishmentHomicide trialEvidentiary rulesDrug traffickingDeath penaltyJury instructionsCriminal lawDue processReasonable doubt
References
45
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

NYAHSA Servs., Inc., Self-Insurance Trust v. People Care Inc.

This case involves an appeal from an order of the Supreme Court, which granted the plaintiff's motions for leave to amend complaints. The plaintiff, a group self-insured trust, initiated collection actions against former member employers, People Care Incorporated and Recco Home Care Services, Inc., for unpaid workers' compensation adjustment bills. The plaintiff sought to add its trustees as party plaintiffs and to update allegations to include subsequently accrued unpaid bills. The appellate court affirmed the Supreme Court's decision, clarifying that an evidentiary showing of merit is not required for leave to amend pleadings under CPLR 3025 (b) unless there is prejudice, surprise, palpable insufficiency, or patent lack of merit. The court found no such grounds for denial and also rejected the defendants' statute of limitations arguments, affirming that for contracts requiring continuing performance, each breach can restart the limitations period.

Workers' Compensation CoverageSelf-Insured TrustBreach of ContractUnjust EnrichmentPleading AmendmentCPLR 3025 (b)Statute of LimitationsPrejudiceAppellate ReviewSupreme Court Order
References
18
Case No. 2017 NY Slip Op 07909 [155 AD3d 1208]
Regular Panel Decision
Nov 09, 2017

NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc.

Plaintiff, a self-insured trust, commenced a collection action against defendant, a former member, for unpaid assessments related to workers' compensation claims. Defendant counterclaimed and filed a third-party action against Cool Insuring Agency, the trust's administrators, alleging mismanagement. During discovery, a dispute arose over a report commissioned by defendant's counsel from a consultant, which Cool and plaintiff sought to compel. Defendant asserted attorney-client privilege, attorney work product, and material prepared in anticipation of litigation. The Supreme Court partially granted the motions to compel, a decision largely affirmed by the Appellate Division, Third Department, with a modification regarding a specific email exchange found to be protected attorney work product.

Discovery DisputeAttorney-Client PrivilegeAttorney Work ProductMaterial Prepared for LitigationSelf-Insurance TrustWorkers' Compensation BenefitsBreach of ContractUnjust EnrichmentThird-Party ActionClaims Administration
References
20
Case No. MISSING
Regular Panel Decision

Place v. Ryder

Claimant, who received workers' compensation benefits from a self-insured employer, settled a third-party action. A dispute arose regarding whether the employer had waived its statutory offset rights against the claimant's net recovery from the third-party action, as there was no written agreement. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's decision, finding that the self-insured employer had reserved its offset rights. The appellate court affirmed the Board's decision, concluding that the employer's attorney's correspondence provided substantial evidence to support the Board's finding that offset rights were explicitly reserved.

Workers' CompensationOffset RightsThird-Party SettlementEmployer's LienStatutory WaiverAttorney CorrespondenceAppellate ReviewSubstantial EvidenceWorkers' Compensation BoardNew York
References
7
Case No. 09 Civ. 9368; 10 Civ. 4153
Regular Panel Decision

Federation of Union Representatives v. Unite Here

Plaintiff Federation of Union Representatives (FOUR), a labor union, filed actions against defendant UNITE HERE (UH) to confirm an arbitral award from May 29, 2009, and to compel UH to comply with the arbitrator's jurisdiction. The arbitral award addressed UH's violation of a collective bargaining agreement by treating automobile insurance reimbursements as taxable income. UH moved for summary judgment, contending that FOUR lacked standing because it had been decertified as the exclusive bargaining representative and replaced by the Union of Unite Here Staff (UUHS). FOUR cross-moved to compel UH to appear before the arbitrator for the limited purpose of finalizing the award. The Court, citing the National Labor Relations Act's principle of exclusive representation, determined that FOUR, as a decertified union with a successor in place, no longer had standing to enforce or confirm the award. Consequently, the Court granted UH's motions, denied FOUR's cross-motion, and dismissed both actions.

Labor LawUnion DecertificationArbitral Award EnforcementCollective Bargaining AgreementStanding to SueExclusive RepresentationSummary JudgmentNational Labor Relations ActFederal Arbitration ActLabor Dispute
References
19
Case No. ADJ6643295
Regular
Oct 28, 2014

FRANCISCO MARTINEZ vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURER'S SECURITY FUND, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) rescinded three orders dismissing lien claims due to unclear representation of the lien claimants at trial. The WCAB noted the lien claimants' representative, BBE Management, and a potential representative, Mr. House, had conflicting or unclear roles. Therefore, the matter was returned to the WCJ for further proceedings to clarify representation and to reconsider sanctions. Sanctions were not imposed at this time pending this clarification.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrders Dismissing Lien ClaimsWCJlien claimantsBBE ManagementWCAB Rule 10774.5notice of intention to dismissnotice of intention to impose sanctionsobjection
References
0
Case No. MISSING
Regular Panel Decision

Regan v. Ohio Barge Line, Inc.

Plaintiffs Rishe and Regan sued District 50, United Mine Workers of America, and eight individual representatives, alleging a breach of a collective bargaining agreement for condoning their wrongful discharge and termination of employment without proper cause. The original complaints, based on diversity of citizenship, were dismissed. Amended complaints asserted jurisdiction under Section 301 of the Labor Management Relations Act and Section 102 of the Labor Management Reporting and Disclosure Act. The court denied District 50's motion to dismiss for lack of jurisdiction, finding a valid cause of action under Section 301. However, the motion of the individual Representatives to dismiss was granted, as Section 301(b) precludes enforcing judgments against a labor organization's members individually.

Labor Management Relations ActLabor Management Reporting and Disclosure ActCollective Bargaining AgreementWrongful DischargeUnion Duty to EnforceJurisdictionMotion to DismissLabor Organization LiabilityIndividual Representative LiabilityBreach of Contract
References
5
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