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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

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. ADJ18189986
Regular
Aug 15, 2025

ESMERALDA SANCHEZ vs. KELLERMEYER BERGENSONS SERVICES, LLC; CONSTITUTION STATE SERVICES; ZURICH AMERICAN INSURANCE COMPANY

Applicant Esmeralda Sanchez claimed industrial injury to multiple body parts while employed as a janitor for Kellermeyer Bergensons Services, LLC. The WCJ initially found the lien claimant, Spectrum Medical Group, failed to prove injury AOE/COE, awarding only $1,000 for a specific service date and excluding Dr. Nia's medical-legal report due to non-compliance with Labor Code § 4628. Both the defendant (Kellermeyer Bergensons Services, LLC, Constitution State Services, Zurich American Insurance Company) and the lien claimant petitioned for reconsideration, citing errors in the WCJ's findings regarding admissible evidence and the need for further record development. The Workers' Compensation Appeals Board granted both petitions, deferring a final decision to allow for further review of the merits and the entire record in light of applicable statutory and decisional law.

WCABPetition for ReconsiderationLien ClaimantAOE/COELabor Code § 4628Medical Legal ReportSubstantial EvidenceAdmissibilityIndustrial InjurySpectrum Medical Group
References
21
Case No. MISSING
Regular Panel Decision

In re Male G.

This case involves a proceeding under section 384-b of the Social Services Law where the Commissioner of Social Services sought to commit the custody and guardianship of a child, 'Male' G., also known as Brian Keith G. During a fact-finding hearing, the petitioner attempted to introduce the child's case record from the Bureau of Child Welfare (BCW) as a business record. The natural mother challenged its admissibility, arguing that certain entries were not made contemporaneously as required by CPLR 4518. The court, after deliberation, ruled that such records are admissible, citing that files maintained by the Department of Social Services are business records. The court clarified that the use of temporary 'day books' from which permanent records are later transcribed does not negate their admissibility, especially when the transcription relies on a previously prepared record rather than memory. Therefore, the BCW case record was ordered to be admitted into evidence.

Custody and GuardianshipSocial Services LawCPLR 4518Business Records RuleAdmissibility of EvidenceChild Welfare RecordsDay BooksPermanent RecordsTranscription ProcessEvidence Law
References
3
Case No. MISSING
Regular Panel Decision

Kessel v. Public Service Commission

This case involves an appeal challenging a rate increase granted to the Long Island Lighting Company (LILCO) by the Public Service Commission. LILCO had requested the increase due to severe financial difficulties and the anticipated non-operation of its Shoreham nuclear plant, leading to a "Financial Stability Adjustment" (FSA) to improve cash flow without increasing income. Petitioners initiated a CPLR article 78 proceeding, asserting that the Commission failed to exercise proper discretion, did not adequately consider ratepayers' interests, and improperly shifted the burden of proof. The court affirmed the Commission's decision, finding that it had appropriately balanced the interests of consumers and investors to preserve LILCO's financial integrity and ensure reliable service. The court also dismissed allegations regarding the burden of proof and judicial bias, concluding that the Commission's determinations were rational and supported by the record.

Rate IncreasePublic Service CommissionLong Island Lighting Company (LILCO)Financial Stability Adjustment (FSA)Utility RegulationAdministrative LawJudicial ReviewUtility RatesShoreham Nuclear PlantBurden of Proof
References
4
Case No. MISSING
Regular Panel Decision
Sep 03, 1996

Wheeler v. Commissioner of Social Services

Plaintiff Monique Wheeler sued Graham Windham Services for Family and Children for negligent supervision after she was allegedly raped while in their care. This appeal addresses Wheeler's motion for discovery of her own medical and psychological records held by Graham Windham, which initially resisted disclosure based on Social Services Law § 372 confidentiality. The Supreme Court had ordered limited disclosure after an in camera inspection but denied a subsequent request for a hearing. The appellate court ruled that Social Services Law § 372, as amended, subjects these records to CPLR article 31 discovery, emphasizing a patient's right to access their own records. The court reversed the denial of a hearing, granted Wheeler's application, modified the prior order, and remitted the matter for further proceedings, outlining a specific discovery procedure to ensure adequate review and address concerns for third-party privacy.

DiscoveryConfidentialityMedical RecordsPsychological RecordsSocial Services LawCPLR Article 31Patient AccessNegligent SupervisionAppellate ProcedureIn Camera Inspection
References
32
Case No. MISSING
Regular Panel Decision

The Matter of Mariah Corrigan v. New York State Office of Children and Family Services

This case addresses whether a statutory procedure for early expungement of child abuse reports applies when parents are assigned to the Family Assessment Response (FAR) track under Social Services Law § 427-a, rather than undergoing a formal investigation. Petitioners sought to expunge records related to an educational neglect report handled via the FAR track, arguing for parity with the traditional investigative track which allows for early expungement of unfounded reports. The Supreme Court and Appellate Division both rejected this, holding that the legislature intentionally omitted such a provision in the FAR statute to maintain its non-adversarial, service-oriented approach. The Court of Appeals affirmed, emphasizing that statutory construction dictates that a legislative omission is intentional and that resolving policy concerns is a task for the legislature. The court further noted that petitioners' constitutional claim was not properly preserved for review.

Child abuseEducational neglectFamily Assessment Response (FAR)Social Services LawStatutory constructionLegislative intentExpungement of recordsAdministrative reviewAppellate practiceCPLR Article 78
References
8
Case No. MISSING
Regular Panel Decision
Apr 18, 2011

Brooklyn Heights Ass'n Inc. v. National Park Service

The plaintiffs (Brooklyn Heights Association, Inc. et al.) filed an action against defendants (National Park Service et al.) seeking a preliminary injunction to prevent alleged violations of federal and state law, specifically regarding the Land and Water Conservation Fund Act (LWCFA). The dispute centered on the National Park Service's (NPS) 2008 and 2011 decisions to revise the "6(f)(3) boundary map" for Empire Fulton Ferry State Park, which excluded the Tobacco Warehouse and Empire Stores. Plaintiffs argued these revisions, made under the guise of correcting a "mistake," were arbitrary, capricious, and contrary to LWCFA statutes and regulations, which mandate a conversion process for such changes after a grant closes. The court agreed with the plaintiffs, finding that the administrative record belied any claim of original mistake and that NPS lacked inherent authority to bypass the required conversion procedures. Consequently, the court granted the preliminary injunction, setting aside NPS's decisions, restoring the original boundary map, and enjoining any drilling or construction on the affected structures during the litigation.

Land and Water Conservation Fund ActPreliminary InjunctionAdministrative Procedure ActNational Park ServiceEnvironmental LawHistoric PreservationFederal RegulationsPublic Land UseStatutory InterpretationAgency Action Review
References
38
Case No. ADJ10717926
Regular
Aug 23, 2018

GUADALUPE SEDANO vs. GEO PACIFIC SERVICES, INC., REDWOOD FIRE AND CASUALTY INS. CO., ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal order because the record lacked proof of service for key notices. Applicant's case was dismissed for failing to object to a Notice of Intention to Dismiss, but the Board found the applicant may not have received proper notice of crucial hearings or the dismissal notice itself. Due process requires reasonable notice and an opportunity to be heard, which the incomplete record here calls into question. Therefore, the case is returned to the trial level for further proceedings to develop the record on service issues.

Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissExcusable NeglectMandatory Settlement ConferenceProof of ServiceDue ProcessGood CauseService of NoticeWCAB Rule 10500
References
12
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