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

Case No. 2024 NY Slip Op 06200
Regular Panel Decision
Dec 11, 2024

Matter of NYAHSA Servs., Inc. v. Special Funds Group

This case concerns an appeal by NYAHSA Services, Inc., the workers' compensation insurance carrier for St. Patrick's Nursing Home, from an order denying its petition for judicial approval of a personal injury settlement nunc pro tunc. The underlying matter involved Karen DiNoia, who sustained injuries in 2001 during employment and settled a third-party personal injury action in 2005 for $400,000. Although NYAHSA consented, the Special Funds Group's consent was not obtained at the time, which is crucial for the carrier to be reimbursed from the Special Disability Fund. The Supreme Court dismissed the petition, citing a lack of required documentation. However, the Appellate Division, Second Department, reversed the decision, finding that the settlement was reasonable, the delay in seeking judicial relief was not the petitioner's fault, and the Special Funds Group was not prejudiced, thus granting the petition.

Nunc Pro TuncPersonal Injury SettlementJudicial ApprovalAppellate ReviewSpecial Disability FundInsurance Carrier ReimbursementSupreme Court DiscretionDelayPrejudiceReasonableness of Settlement
References
10
Case No. 2018 NY Slip Op 05037 [163 AD3d 558]
Regular Panel Decision
Jul 05, 2018

Matter of Empire State Transp. Workers' Compensation Trust v. Special Funds Conservation Comm.

This case concerns a proceeding initiated by Empire State Transportation Workers' Compensation Trust for judicial approval of a settlement, nunc pro tunc, against the Special Funds Conservation Committee. The underlying issue stemmed from the Trust's failure to obtain consent from the Special Funds for a claimant's personal injury settlement, which led the Workers' Compensation Board to find a waiver of reimbursement rights. After an initial denial by the Supreme Court, the Appellate Division reversed and remitted, affirming the court's discretion in compelling such consent. Upon remittitur, the Supreme Court granted the petition, directing the Special Funds to provide nunc pro tunc consent. The Appellate Division affirmed this subsequent order, concluding that the settlement was reasonable, the delay was adequately explained, and no prejudice was demonstrated against the Special Disability Fund.

Workers' CompensationNunc Pro TuncSettlement ApprovalPersonal Injury ActionSpecial Funds Conservation CommitteeAppellate DiscretionReimbursement WaiverJudicial ReviewAppellate PracticeNassau County
References
14
Case No. MISSING
Regular Panel Decision

Graziano v. 110 Sand Co.

The case involves an injured truck driver, originally employed by Horan Sand & Gravel, who was assigned to work at 110 Sand Company's site. After sustaining injuries on the job, he accepted workers' compensation benefits from Horan. Subsequently, he and his wife filed a personal injury lawsuit against 110 Sand. 110 Sand moved for summary judgment, arguing the plaintiff was its 'special employee' and thus, the acceptance of workers' compensation benefits from Horan barred the lawsuit against them. The Supreme Court granted this motion, a decision which the appellate court affirmed. The appellate court agreed that the evidence supported the finding of a special employment relationship, and under Workers' Compensation Law, an injured worker who accepts benefits from their general employer is precluded from suing their special employer for the same injuries.

Personal InjuryWorkers' CompensationSpecial EmployeeGeneral EmployerSummary JudgmentAppellate ReviewSuffolk CountyNew York LawEmployer LiabilityDerived Claim
References
10
Case No. MISSING
Regular Panel Decision
Feb 25, 1976

In re the Claim of Phelosof

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which affirmed the Industrial Commissioner's determination that the claimant was ineligible for benefits under the Federal Special Unemployment Assistance Program (SUA). The claimant, who was terminated from employment by Monroe County, was receiving benefits under the New York State Labor Law based on prior covered employment. The Board denied SUA benefits, reasoning that eligibility for State benefits precluded eligibility for SUA, as the Federal program is intended for those not otherwise eligible for unemployment allowances under any other law. The court affirmed the Board's decision, emphasizing that SUA is not a substitute for minimum wage law or an economic floor, and eligibility under State law disqualifies one from SUA benefits.

Unemployment BenefitsFederal Special Unemployment Assistance ProgramEligibility CriteriaNew York State Labor LawCovered EmploymentUncovered EmploymentUnemployment Insurance Appeal BoardIndustrial CommissionerAppellate ReviewStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision
Nov 19, 1984

Kacprowski v. Sorro

This case involves a special proceeding under Workers’ Compensation Law §29 (5) where the plaintiffs-petitioners sought permission to compromise a personal injury action. The Supreme Court, Suffolk County, initially granted their motion for leave to renew and reargue their application, subsequently granting the application to compromise the action. The Utilities Mutual Insurance Company and the Special Funds Conservation Committee appealed this decision, arguing the $22,500 settlement was inadequate and the permission to settle was an abuse of discretion. The Appellate Division affirmed the resettled order, finding that the liability and damage questions in the underlying action, which involved a dog attack aggravating previous injuries and precipitating surgery, were problematical, thus concluding that the settlement grant was not an abuse of discretion.

Workers' CompensationPersonal InjurySettlementCompromiseDog AttackAppellate ReviewJudicial DiscretionDamagesLiabilityAggravated Injury
References
0
Case No. MISSING
Regular Panel Decision

Claim of Oehley v. Syracuse Boys Club

This case involves an appeal from a Workers' Compensation Board decision that awarded death benefits to a claimant. The decedent, a program director, died from a skull fracture after leaving a special work errand at a fund-raising auction. The Board initially found that the death arose out of and in the course of employment, applying a presumption due to the special errand and disregarding testimony of personal deviation. However, the court reversed this decision, finding substantial evidence that the decedent had deviated from his employment-related trip for personal activities, including a personal meeting and subsequent intensive drinking. Consequently, the court held that the death did not occur while on a special errand and dismissed the claim for benefits.

Workers' CompensationSpecial Errand DoctrineDeviation from EmploymentPersonal IndulgenceCausal ConnectionCourse of EmploymentArising Out of EmploymentHomicideIntoxicationAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

Klem v. Special Response Corp.

This case involves an appeal from an order regarding the distribution of settlement proceeds and a workers' compensation lien. The plaintiff sustained an ankle injury during employment and subsequently settled a personal injury action against Special Response Corporation. Zurich Insurance Company, the workers' compensation insurer for the plaintiff's employer, had paid over $114,000 in benefits and claimed a lien against the $70,000 settlement proceeds. The Supreme Court initially ruled that Zurich was not entitled to assert a lien. However, the appellate court reversed this decision, affirming Zurich's right to a lien, but remitted the matter to the Supreme Court for further proceedings to properly calculate the lien amount, taking into account statutory reductions for benefits paid in lieu of first-party benefits and an equitable apportionment of litigation costs, including attorneys' fees.

Workers' CompensationLien RightsSettlement ProceedsPersonal InjuryAppellate ReviewInsurance LawEquitable ApportionmentLitigation CostsFirst-Party BenefitsNo-Fault Law
References
6
Case No. MISSING
Regular Panel Decision
Oct 29, 2004

Stepheny v. Brooklyn Hebrew School for Special Children

Plaintiffs Maria and Gregory Stepheny, an interracial married couple, brought employment discrimination suits against their former employer, the Brooklyn Hebrew School for Special Children. Maria alleged a racially hostile work environment, race discrimination, and retaliation, while Gregory claimed a sexually hostile work environment and retaliation, citing violations of Title VII, 42 U.S.C. § 1981, and New York State and City Human Rights Laws. Their termination in May 2001 followed a verbal and physical altercation with a co-worker, Nekeya Black, stemming from Gregory's prior extramarital affair with Black. The defendant moved for summary judgment, arguing that any alleged harassment was due to personal animosity from the affair, not discrimination, and that the plaintiffs' termination was for legitimate, non-discriminatory reasons related to workplace misconduct. The court granted summary judgment to the defendant, concluding that the alleged harassment was not based on race or sex, was not sufficiently severe or pervasive, and the employer took reasonable remedial action. Furthermore, the court found no evidence of pretext in the termination decision.

Employment DiscriminationRace DiscriminationSex DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentTitle VIISection 1981New York State Human Rights LawNew York City Human Rights Law
References
62
Case No. MISSING
Regular Panel Decision
Apr 30, 1975

In re Jose D.

The case involves an appeal against a Family Court order from Bronx County, issued on April 30, 1975, which placed an appellant with the Division for Youth Title III. This placement followed a 1973 determination that the appellant was a person in need of supervision (PINS), stemming from a 1972 petition filed by his mother due to truancy and disobedience. After an initial placement at Lincoln Hall and a subsequent abscondment, the appellant was later located, returned, and then transferred to the Division for Youth. The appellate court unanimously reversed the 1975 order, remanding the case for a new dispositional hearing. The court highlighted that at 16 years old, the appellant's failure to attend school alone could not justify a new petition. Crucially, evidence presented at the hearing indicated the appellant's efforts towards rehabilitation while residing with his mother, her desire for him to remain home, and the willingness of a Legal Aid Society social worker to help arrange a specialized school program, suggesting more suitable alternatives to confinement.

PINSJuvenile JusticeFamily LawTruancyDispositional HearingAppealReversed and RemandedRehabilitationChild WelfareNew York Family Court
References
0
Case No. 2015 NY Slip Op 01635
Regular Panel Decision
Feb 25, 2015

Empire State Transportation Workers' Compensation Trust v. Special Funds Conservation Committee

The Empire State Transportation Workers' Compensation Trust (the carrier) appealed an order denying its petition for judicial approval of a settlement nunc pro tunc. The claimant, Licinio Marrero, sustained injuries and settled a personal injury action for $100,000 without obtaining the consent of the Special Funds Conservation Committee (SFCC), which is required when SFCC liability is established prior to settlement. The Supreme Court, Nassau County, denied the carrier's request, believing it lacked discretion to compel such consent. The Appellate Division reversed this decision, clarifying that the Supreme Court does have the discretion to issue a nunc pro tunc order compelling consent if certain conditions are met: the delay was not due to the petitioner's fault, the settlement amount was reasonable, and the SFCC was not prejudiced. The case was remitted to the Supreme Court for it to exercise its discretion.

Workers' Compensation LawSpecial Disability FundNunc Pro Tunc OrderSettlement ApprovalReimbursementPersonal Injury ActionAppellate ReviewJudicial DiscretionCarrier's WaiverConsent Requirement
References
6
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