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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

Gray v. Myren

The case concerns an appeal regarding a personal injury action filed by a longshoreman against a vessel owner. The longshoreman had received workers' compensation awards for injuries sustained in 1972. The defendant moved for summary judgment, arguing the personal injury action was time-barred under 33 U.S.C. § 933(b), which mandates commencing such actions within six months of accepting a compensation award. Specifically, the defendant claimed a May 8, 1973 "Memorandum of Informal Conference" constituted an award. The appellate court, adopting the Second Circuit's interpretation, ruled that an interim award for temporary total disability does not trigger the six-month statute of limitations. The court held that the limitation period begins only when the injured worker knows the full extent of their compensation, which occurred on May 6, 1974, with the award for permanent partial disability. Consequently, the plaintiff's action, filed within six months of the latter date, was timely. The court modified the lower court's order to deny the defendant leave to amend their answer, finding the proposed statute of limitations defense legally insufficient, and otherwise affirmed.

LongshoremenHarbor WorkersStatute of LimitationsPersonal InjuryThird-Party ActionInterim AwardPermanent Partial DisabilityTemporary Total DisabilityAppellate ReviewFederal Law
References
6
Case No. MISSING
Regular Panel Decision

In Re Complaint of Wepfer Marine, Inc. for Exoneration From or Limitation of Liability

Wepfer Marine, Inc. filed a petition to limit liability after Jose Ramon Gonzalez was injured during barge demolition. Gonzalez and his wife, along with Liberty Mutual, sued Wepfer in state court, leading Wepfer to seek federal limitation of liability. Claimants moved to dismiss the federal action, citing lack of admiralty jurisdiction due to the barge's 'dead ship' status and untimeliness of Wepfer's petition. The court granted dismissal for the main barge, ET-715, ruling it was a 'dead ship' withdrawn from navigation. However, it denied dismissal concerning the crane barge, finding potential causation through a broken crane cable, thereby retaining jurisdiction for that aspect. The court also found Wepfer's petition timely, as prior correspondence from claimants did not constitute sufficient written notice to trigger the statutory six-month filing period.

Admiralty LawMaritime LawLimitation of Liability ActVessel StatusDead Ship DoctrineAdmiralty JurisdictionSubject Matter JurisdictionRule 12(b)(1)TimelinessWritten Notice of Claim
References
37
Case No. MISSING
Regular Panel Decision

Kelly v. Cesarano, Haque & Khan, P. C.

Plaintiff sued an accounting firm for malpractice, alleging negligent advice regarding estate taxes which led her to pay $32,761. The defendant moved to dismiss the action, arguing it was barred by the three-year Statute of Limitations (CPLR 214 [6]). The plaintiff's claim accrued on April 14, 1994, before the amendment to CPLR 214 (6) which shortened the limitation period from six to three years for such claims. While prior rulings allowed a six-year period if the suit was commenced before the amendment's effective date, the court found the plaintiff's filing on October 29, 1997, was untimely. The court determined that even with a reasonable grace period post-amendment, the plaintiff failed to file within the three-year limit or a reasonable six-month window after the amendment's effective date, thus granting the defendant's motion to dismiss.

Accountant MalpracticeStatute of LimitationsCPLR 214 (6) AmendmentBreach of ContractNegligence ClaimEstate Tax LiabilityMotion to DismissTimeliness of ActionRetroactive ApplicationDue Process Considerations
References
12
Case No. MISSING
Regular Panel Decision

Alston v. Transport Workers Union

Plaintiff sued a labor union for breach of its duty of fair representation between August 1986 and February 1987, alleging failure to properly represent him in disciplinary proceedings leading to his dismissal. The action was commenced on February 9, 1993. The central issue on appeal is whether the action is governed by CPLR 217 (2) (a), effective July 11, 1990, which shortened the statute of limitations to four months, or the previous six-year period. The court ruled that applying the four-month statute retroactively to a cause of action that accrued no later than February 27, 1987, would be unconstitutional, as it would immediately bar the claim without allowing a reasonable time to sue. Therefore, the six-year statute of limitations applies, and the plaintiff's action was timely commenced. The court declined to follow the reasoning in Kleinmann v Bach regarding the applicability of CPLR 217 (2) (a) based on prior PERB charges.

Statute of LimitationsFair RepresentationLabor UnionBreach of DutyRetroactive ApplicationConstitutional LawDue ProcessCPLRCivil Service LawJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

Srite v. Owens-Illinois, Inc.

This opinion addresses an appeal from nine consolidated asbestos cases where a jury found liability but awarded no past damages to several plaintiffs. The court, HEDGES, Justice, reviewed the proper standard of appellate review for zero damages verdicts, distinguishing between objective and subjective symptoms of injury and adhering to the Pool v. Ford Motor Co. standard. The court upheld the jury's zero past damages awards for most plaintiffs, finding them not against the great weight of the evidence. However, it reversed the trial court's application of the statute of limitations to the Spikes family's claim, remanding it for further proceedings. Additionally, the court sustained the point of error regarding prejudgment interest calculation, ruling that under Cavnar v. Quality Control Parking, Inc., interest should accrue six months after the last day of asbestos exposure, rather than six months after the lawsuit filing date, and remanded the Burt and Friley cases for recalculation. The court also addressed, but did not rule on the merits of, an expert testimony admissibility challenge due to procedural errors by the plaintiffs.

Asbestos litigationzero damagesprejudgment interestappellate reviewcomparative negligencestrict liabilitylatent diseasestatute of limitationsexpert testimonymedical examination
References
36
Case No. MISSING
Regular Panel Decision

Gerber v. Amalgamated Transit Union Division 580

The plaintiff was fired by CNY Centro, Inc. and filed a grievance which the defendant union failed to arbitrate within the stipulated time. The plaintiff sued the union alleging negligence, breach of collective bargaining agreement, and fraudulent misrepresentation. The union moved to dismiss, arguing federal preemption and a six-month statute of limitations. The court held that it had jurisdiction over unfair representation claims in state courts. It applied the six-month federal statute of limitations to the negligence and breach of contract claims, finding them time-barred. However, the court applied New York's six-year statute of limitations for fraudulent misrepresentation, finding that claim timely.

Unfair RepresentationStatute of LimitationsFederal PreemptionLabor DisputesGrievance ArbitrationCollective Bargaining AgreementFraudulent MisrepresentationState Court JurisdictionNational Labor Relations ActDuty of Fair Representation
References
17
Case No. ADJ9226212
Regular
Jan 31, 2018

MARGARITA GARCIA vs. REYNOLDS PACKING COMPANY, UNITED STATES FIRE INSURANCE COMPANY

This case concerns a worker's claim for a psychiatric injury stemming from her industrial orthopedic injuries. The defendant argued the psychiatric claim was barred by the statute of limitations and the six-month employment rule. The Appeals Board denied reconsideration, affirming the original award. They found the psychiatric claim related back to the timely filed orthopedic claim, thus not time-barred. Furthermore, the Board held the defendant bore the burden of proving the six-month employment requirement for psychiatric injuries and failed to meet this burden.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCompensable Consequence InjuryStatute of LimitationsSix Month RuleLabor Code Section 3208.3Panel Qualified Medical EvaluatorBurden of ProofAffirmative Defense
References
14
Case No. MISSING
Regular Panel Decision

Ornstein v. New York City Health & Hospitals Corp.

This case addresses the viability of claims for emotional and psychological injury, specifically AIDS phobia and post-traumatic stress disorder, following an HIV exposure. The plaintiff, a nurse, was accidentally pricked by a contaminated needle and subsequently developed severe emotional distress. The Supreme Court had allowed her claims for post-traumatic stress disorder to extend beyond the established six-month limitation for AIDS phobia. However, this appellate court reversed that decision, ruling that all related emotional damages must adhere to the six-month period, based on the scientific consensus regarding the likelihood of HIV infection detection.

AIDS PhobiaHIV ExposureEmotional DistressPost-Traumatic Stress DisorderNegligent Infliction of Emotional DistressSix-Month Limitation RuleMedical ConsensusObjective StandardNeedle Stick InjuryWorkers' Compensation Psychiatrist
References
19
Case No. MISSING
Regular Panel Decision
Feb 09, 1982

Taylor v. St. John's Episcopal Hospital

The plaintiff, an employee, filed a lawsuit against St. John's Episcopal Hospital for wrongful discharge and against District 1199 union for breach of its duty of fair representation, nearly two years after his 1979 termination. The defendants moved to dismiss, arguing the action was time-barred. The Supreme Court, Kings County, denied their motion, applying a six-year Statute of Limitations for contract actions. However, the appellate court reversed this decision, ruling that the action, governed by Federal substantive law under the Labor Management Relations Act, was subject to a six-month Federal Statute of Limitations, and thus the plaintiff's complaint was indeed time-barred.

wrongful dischargefair representationStatute of LimitationsLabor Management Relations Actcollective bargaining agreementFederal preemptionappealtime-barredFederal courtsState courts
References
7
Case No. MISSING
Regular Panel Decision

O'Hare v. General Marine Transport Corp.

In this opinion, the District Court denied General Marine Transport Corporation's motion to amend a prior judgment that awarded damages to the Trustees of the New York Marine Towing and Transportation Industry Pension Fund and Insurance Fund. General Marine sought to amend the judgment based on the recent Supreme Court ruling in DelCostello v. International Brotherhood of Teamsters, arguing for the application of a six-month limitations period. The court determined that DelCostello specifically applies to "hybrid 301/fair representation" claims and does not necessitate a departure from the previously applied six-year New York state statute of limitations for breach of contract actions, citing Auto Workers v. Hoosier Corp. Therefore, the motion was denied, reaffirming the earlier decision.

Motion to Amend JudgmentStatute of LimitationsLabor LawBreach of ContractFederal Rules of Civil ProcedureNational Labor Relations ActLabor Management Relations ActHybrid 301/Fair Representation ClaimsPension FundInsurance Fund
References
16
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