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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

Metro Furniture Rental, Inc. v. Alessi

This action was initiated by Metro Furniture Rental, Inc., alleging violations of RICO against Michael Alessi, Chemical Bank, and Buchbinder Stein Tunick & Platkin, along with pendent state claims for breach of contract, accountant malpractice, breach of fiduciary duty, fraud, and conversion. The case, originally filed in state court, was removed to the federal district court. Defendant Alessi's motion to remand to state court was denied as untimely. Defendants Chemical Bank and Buchbinder's motions to dismiss were granted in part, specifically dismissing the plaintiff's RICO claim due to insufficient particularity in pleading fraud and lack of evidence for a knowing agreement among defendants, and rejecting respondeat superior for Chemical Bank. The remaining pendent state claims were remanded sua sponte to the New York State Supreme Court.

RICO ActRacketeeringFraudMail FraudWire FraudAccountant MalpracticeBreach of ContractBreach of Fiduciary DutyConversionMotion to Remand
References
20
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
Case No. 2022 NY Slip Op 02591 [204 AD3d 1258]
Regular Panel Decision
Apr 21, 2022

Matter of Abad v. Vanety's Serv., LLC

Juan Abad, a claimant, was injured while working as a warehouse attendant for ACME Furniture, having been placed there by Vanety's Service, LLC, a staffing agency. The Workers' Compensation Law Judge initially found Vanety's Service, LLC, 100% liable for workers' compensation benefits. Upon appeal by Vanety, the Workers' Compensation Board modified the decision, establishing a general/special employment relationship between Vanety's Service, LLC (general employer) and ACME Furniture (special employer), and apportioned liability equally (50/50) between them. ACME Furniture and its carrier appealed this apportionment. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to disturb the apportionment and rejecting the carrier's due process claims.

Workers' CompensationGeneral/Special EmploymentLiability ApportionmentStaffing AgencyAppellate ReviewDue ProcessEmployer LiabilityInjuryLadder FallNew York Law
References
6
Case No. ADJ1083447 (LAO 0872246)
Regular
Mar 04, 2010

FRANKLIN GONZALEZ vs. ARGENT CUSTOM FURNITURE, DCS, UNINSURED EMPLOYER' FUND, CUSTOM CUSTOM FURNITURE LLC, CHARTIS/ STATE INSURANCE COMPANY

This case involves an applicant, Franklin Gonzalez, and defendants including Argent Custom Furniture and the Uninsured Employer's Fund. The Workers' Compensation Appeals Board (WCAB) issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report in denying the petition.

WORKERS' COMPENSATION APPEALS BOARDARGENT CUSTOM FURNITUREUNINSURED EMPLOYER' FUNDCUSTOM CUSTOM FURNITURE LLCCHARTIS/ STATE INSURANCE COMPANYADJ1083447LAO 0872246DENYING RECONSIDERATIONworkers' compensation administrative law judgeWCJ
References
0
Case No. MISSING
Regular Panel Decision

In re the General Assignment for the Benefit of Creditors of Well Bilt Box Spring Corp.

An assignee for the benefit of creditors moved to disallow a claim for priority filed by the United Furniture Workers Insurance Fund. The fund sought $480 for unpaid group welfare insurance premiums, which accrued from September 1947 to April 1948 under a collective bargaining agreement. The assignee contended that the Debtor and Creditor Law section 21-a did not provide priority for such claims, arguing it applied to employee-contributed pension plans, not employer-paid insurance. The court referenced conflicting precedents from Matter of Seaboard Furniture Mfg. Corp. (Frey) and Matter of Hollywood Commissary, Inc. (Weintraub). Adopting the view of Justice Walsh, the court ruled that this was a contract matter between the employer and union, not a claim for wages, and noted the claim was made by the insurance carrier rather than the union or employees. Consequently, the court disallowed the claim for priority and granted the assignee's application to settle their account.

Priority ClaimAssignee for CreditorsInsurance FundCollective Bargaining AgreementWelfare InsuranceEmployer ContributionsDebtor and Creditor LawSection 21-aWage ClaimContract Dispute
References
2
Case No. ADJ6894400
Regular
Nov 21, 2011

ROBERTO RIOS vs. SITCOM FURNITURE, COMPWEST INSURANCE

The Workers' Compensation Appeals Board dismissed NMCI Medical Clinic's petition for reconsideration because it was filed in response to a Notice of Intention to Dismiss Lien, not a final order. A Notice of Intention is not a final determination of substantive rights or liabilities and therefore not subject to reconsideration. The Board found that an subsequent "Order Vacating Notice of Intent to Dismiss" was invalid as it was filed outside the permissible timeframe. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationNotice of intention to dismissWCJFinal orderLab. Code§ 5900Rule 10859Order vacating
References
3
Case No. 2023 NY Slip Op 06781 [222 AD3d 1291]
Regular Panel Decision
Dec 28, 2023

Matter of Reyes v. Nationwide Furniture Installers

Claimant Audis Reyes, a construction worker, established a workers' compensation claim in 2018 for causally-related chronic rhinitis, chronic sinusitis, asthma, and drug-induced diabetes following cleanup work after the World Trade Center attacks. He was initially classified with a permanent partial disability and a 55% wage-earning capacity. Reyes sought reclassification to a total industrial disability, which was denied by a Workers' Compensation Law Judge and subsequently upheld by the Workers' Compensation Board. On appeal, the Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board properly considered vocational factors and that its determination of no total industrial disability was supported by substantial evidence from vocational rehabilitation experts.

Workers' CompensationPermanent Partial DisabilityTotal Industrial DisabilityWage-Earning CapacityVocational FactorsAppellate ReviewSubstantial EvidenceWorld Trade Center ClaimsChronic RhinitisAsthma
References
9
Case No. 2025 NY Slip Op 03610
Regular Panel Decision
Jun 12, 2025

Matter of Quoma v. Bob's Discount Furniture

The Appellate Division, Third Department, heard an appeal from Joseph Quoma challenging decisions by the Workers' Compensation Board regarding credits for temporary disability payments and the application of the safety valve provision under Workers' Compensation Law § 15 (3) (w). The court affirmed that the carrier's credit against maximum benefits for payments beyond 130 weeks from the accident date is a strict time measurement, not dependent on 130 weeks of prior payments. However, the court reversed and remitted the Board's amended decision regarding the safety valve provision, finding that the Board erred by solely considering the absence of a specific form (C-4.3) and failing to consider other medical evidence, such as preauthorized surgery, when determining if the claimant had reached maximum medical improvement (MMI). The case was remitted for a new determination consistent with the court's decision on the safety valve factors.

Workers' Compensation LawTemporary Disability BenefitsPermanent Partial DisabilityStatutory CapSafety Valve ProvisionMaximum Medical ImprovementJudicial ReviewAdministrative BurdenAppellate DivisionRemittal
References
7
Case No. MISSING
Regular Panel Decision

Claim of Brown v. Harden Furniture

Claimant's decedent, a truck driver, died after experiencing stomach pains while unloading heavy furniture. An autopsy revealed bronchopneumonia and hypertensive cardiovascular disease as the cause. The claimant filed for workers' compensation, with a consulting physician linking the death to work exertion. The employer's medical consultant agreed on work-relatedness but highlighted pre-existing conditions like obesity and cardiomyopathy. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board found a causal relationship and ruled that apportionment was not applicable because the pre-existing condition was not compensable and the decedent could perform his job duties despite it. The self-insured employer appealed this determination. The appellate court affirmed the Board's decision, finding it supported by substantial evidence.

ApportionmentWorkers' CompensationCausationPre-existing ConditionWork-Related DeathTruck DriverExertionCardiovascular DiseaseBronchopneumoniaMedical Evaluations
References
6
Case No. MISSING
Regular Panel Decision

Kon-Tempo Furniture, Inc. v. Kessler

Plaintiff Kon-Tempo Furniture, Inc. initiated a state court action against Upholsterers & Spring Makers Union, Local 76, and its officers, alleging unlawful picketing and coercion to recognize Local 76 despite an existing collective bargaining agreement with Local 1327. The defendants removed the case to federal District Court, claiming a federal question under the Labor Management Relations Act of 1947 (Taft-Hartley Law), specifically Section 303(a) concerning secondary boycotts, to seek damages. Kon-Tempo moved to remand, arguing the federal court lacked original jurisdiction. The District Court determined that the complaint's allegations did not sufficiently describe a secondary boycott under Section 303(a) and that jurisdiction for unfair labor practices, as potentially implied by the complaint, rested solely with the National Labor Relations Board, not the District Court. Therefore, finding no original federal jurisdiction, the court granted the plaintiff's petition to remand the action to the state court.

Labor DisputeRemoval JurisdictionRemand MotionTaft-Hartley ActLabor Management Relations ActSecondary BoycottUnfair Labor PracticeNational Labor Relations BoardFederal Question JurisdictionPicketing
References
7
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