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Case Law Database

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

Case No. ADJ7308695
Regular
Apr 16, 2014

MARIA ZAMUDIO vs. STAFF CHEX, CARE WEST INSURANCE COMPANY, PEGASUS RISK MANAGEMENT

This case involves Maria Zamudio's workers' compensation claim against Staff Chex and its insurer. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Zamudio's petition for reconsideration. The dismissal was based on the petition being filed untimely, as detailed in the administrative law judge's report which the WCAB adopted. Therefore, Zamudio's reconsideration request was denied.

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationWorkers' CompensationStaff ChexCare West Insurance CompanyPegasus Risk Management
References
0
Case No. ADJ6712588
Regular
Aug 12, 2010

MARIA NAVARRO vs. STAFF CHEX, AIG INSURANCE

The Workers' Compensation Appeals Board granted reconsideration for Applicant Maria Navarro, rescinding a prior award. The Board found a potential due process violation because the Applicant claimed she was never served with the Disability Evaluation Unit's (DEU) rating. As the DEU rating was not found in the official record of proceedings, the Board returned the case for further proceedings, ordering the DEU rating be properly added to the record and served on all parties. This ensures the Applicant has an opportunity to challenge the rating and exercise her due process rights.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityDue ProcessNoticeCross-examinationDisability Evaluation UnitDEUProof of Service
References
5
Case No. MISSING
Regular Panel Decision
May 14, 2010

Chinese Staff & Worker's Ass'n v. Burden

This dissenting opinion challenges the majority's decision that the New York City Department of City Planning (DCP) complied with environmental review regulations (SEQRA and CEQR) during a rezoning project in Sunset Park, Brooklyn. Petitioners, including the Chinese Staff and Workers’ Association, argued that DCP's negative declaration, which stated no significant environmental impact, lacked a

Environmental ReviewSEQRACEQRZoningRezoningSunset Park BrooklynCommercial DevelopmentResidential DevelopmentNegative DeclarationEnvironmental Impact Statement
References
7
Case No. ADJ4070941 (AHM 0132418)
Regular
May 30, 2013

ARMANDO ESTRADA vs. PRIME WHEEL CORPORATION, STAFF CHEX, INC., SEDGWICK CIGA GLENDALE

This case involves a Petition for Reconsideration filed by Armando Estrada regarding a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The dismissal was based on the administrative law judge's report, which found the petition to be skeletal and lacking merit to address the underlying issues. Therefore, the WCAB adopted the judge's recommendation and dismissed the petition without considering its substance.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWCJ ReportSkeletal PetitionMeritsAdministrative Law JudgePrime Wheel CorporationStaff Chex Inc.Sedgwick Ciga Glendale
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Board of Higher Education & Professional Staff Congress/CUNY

This case addresses a petition to stay arbitration initiated by a petitioner against a respondent, representing Sandra Davis and Luis Rodriquez-Abad. The grievants, non-reappointed instructional staff at CUNY (Hunter College), sought arbitration alleging discrimination. The petitioner refused to process these grievances, citing a collective bargaining agreement clause (Section 20.7) that precludes arbitration for discrimination claims if a party has filed a claim in court or with a governmental agency. Sandra Davis had filed a Title VII lawsuit, and Luis Rodriquez-Abad had filed a complaint with the New York State Division of Human Rights. The court, referencing Alexander v. Gardner-Denver Co., ruled that while statutory rights cannot be prospectively waived, the contractual right to arbitration can be waived if a superior forum is chosen. Consequently, the court granted the petition to stay arbitration of the discrimination claim, allowing other claims to proceed to arbitration.

ArbitrationStay of ArbitrationCollective Bargaining AgreementDiscriminationNonreappointmentTenureGrievance ProcedureTitle VIICivil Rights ActExecutive Law
References
8
Case No. MISSING
Regular Panel Decision
Nov 22, 1993

Cleary, Gottlieb, Steen & Hamilton v. Legal Services Staff Ass'n

Plaintiff Cleary, Gottlieb, Steen & Hamilton, a law firm, sought a preliminary injunction against the Legal Services Staff Association (Local 2320), its president Scott M. Sommer, and Barbara Small, arising from a bitter labor dispute between the union and Legal Services for New York City (LSNY). The conflict escalated when union members engaged in disruptive activities, including a 1991 sit-in at Cleary Gottlieb's offices and, more recently, jamming the firm's fax machines with over 400 transmissions on November 17, 1993. The union also planned a disruptive 'Breakfast at Cleary Gottlieb' event. The court found that the defendants' conduct, including trespassing and disrupting business operations, was not protected by constitutional or labor rights. Consequently, the court granted the preliminary injunction, prohibiting the defendants from sending more than ten fax transmissions per day (each not exceeding five pages) to Cleary Gottlieb, and from trespassing on or physically occupying the firm's premises.

Preliminary InjunctionLabor DisputeFax Machine MisuseTrespassingUnion ActivityHarassmentInjunctive ReliefDisruptive ConductEmployer-Employee RelationsFederal Court
References
1
Case No. MISSING
Regular Panel Decision
Sep 22, 1997

George M. Taylor & Son, Inc. v. Hudson Valley Staff Leasing Corp.

The plaintiff appealed an order from the Supreme Court, Dutchess County, concerning a breach of contract action against Hudson Valley Staff Leasing Corp. (HVSL). The plaintiff claimed HVSL overcharged by not reducing fees when Federal Unemployment Insurance Tax (FUTA) and State Unemployment Insurance Tax (SUTA) were no longer payable on employee wages exceeding $7,000, arguing this constituted a 'statutory decrease'. HVSL contended it charged a flat rate and that such an event was not a statutory decrease. The appellate court reversed the lower court's decision, granting the plaintiff's motion for summary judgment and denying the defendants' cross-motions, ruling that the cessation of FUTA and SUTA payments was indeed a 'statutory decrease' requiring a fee reduction. The matter was remitted for a hearing to determine damages.

breach of contractemployee leasing agreementFUTASUTAunemployment insurance taxstatutory decreasesummary judgmentappellate reviewoverchargefee reduction
References
0
Case No. ADJ10228455
Regular
Jan 11, 2017

Vanessa Flores vs. STAFF MANAGEMENT/SMX - A TRUE BLUE COMPANY, NEW HAMPSHIRE INSURANCE COMPANY

Defendant Staff Management/SMX sought removal after their case was taken off calendar, arguing they were not liable for the applicant's cumulative trauma claim as they were not the last employer within the relevant period. The Appeals Board denied removal, finding no irreparable harm or substantial prejudice to SMX. The Board agreed with the WCJ that further discovery is needed to determine liability for cumulative trauma claims, as the last employer is not always solely responsible. Therefore, the applicant's claim will proceed to allow for proper investigation and determination of fault.

RemovalPetition for RemovalCumulative TraumaDeclaration of ReadinessMandatory Settlement ConferenceOff CalendarLabor Code Section 5500.5Date of InjuryLast EmployerLiability Period
References
3
Case No. MISSING
Regular Panel Decision
Jul 27, 2007

Hai Ming Lu v. Jing Fong Restaurant, Inc.

Plaintiffs, members of the wait staff at Jing Fong Restaurant, Inc., filed an action alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) concerning minimum wage, overtime, gratuity retention, uniform reimbursement, and retaliation, alongside a breach of contract claim. The defendants, Jing Fong Restaurant, Inc. and six associated individuals, moved for summary judgment. The Court granted summary judgment, dismissing claims related to retaliation, uniform cleaning costs, breach of contract, and the argument that retaining banquet service charges violated NYLL § 196-d, citing New York appellate precedents. However, the motion was denied for claims alleging the illegal use of the gratuity pool to pay restaurant expenses, improper tip credit usage under federal and state law, and management interference in tip distribution. The Court found that genuine issues of material fact remained for trial on these latter points.

Fair Labor Standards Act (FLSA)New York Labor Law (NYLL)Minimum WageOvertime ViolationsGratuitiesTip PoolingService ChargesUniform ReimbursementRetaliationSummary Judgment
References
14
Case No. MISSING
Regular Panel Decision
Apr 26, 2005

In re the Claim of Abramson

Claimant, an accountant placed by Staff Plus, Inc. at Goldman Sachs, was denied extended unemployment benefits under the Temporary Extended Unemployment Compensation Act of 2002 (TEUC-A). The Unemployment Insurance Appeal Board ruled that Staff Plus was his base period employer, making him ineligible because Staff Plus was not a provider of services to an air carrier. An initial appeal led to remittal for further record development regarding the relationship between Staff Plus and the claimant. After re-evaluation, the Board reiterated its decision, finding a clear employment relationship between claimant and Staff Plus, which was supported by the evidence. The court subsequently affirmed the Board's decision, upholding the denial of TEUC-A benefits.

Unemployment BenefitsTEUC-ATemporary Employment AgencyEmployment RelationshipBase Period EmployerDisplaced Airline-Related WorkersEligibility for BenefitsAppellate ReviewUnemployment Insurance Law
References
4
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