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

Case No. 2021 NY Slip Op 06069 [199 AD3d 438]
Regular Panel Decision
Nov 09, 2021

Matter of Ashanti v. New York City Conflicts of Interest Bd.

The Appellate Division, First Department, confirmed the determination of the New York City Conflicts of Interest Board, finding that petitioner Karl J. Ashanti violated New York City Charter and City rule provisions. Ashanti was ordered to pay an aggregate civil penalty of $8,500. The court found substantial evidence supported the determination that Ashanti used his City position to gain personal advantage in negotiations on behalf of his wife and utilized City letterhead to advance a legal position contrary to the City's interests. The court rejected the petitioner's due process and agency bias claims, concluding that the penalty imposed did not shock the conscience.

Conflicts of InterestPublic OfficialsEthical ViolationsCivil PenaltyDue ProcessAgency BiasSubstantial EvidenceAppellate ReviewAdministrative Law JudgeCredibility Determinations
References
4
Case No. MISSING
Regular Panel Decision

Perez v. Arya National Shipping Line, Ltd.

Luis Perez, a longshoreman injured in 1973, commenced an action against a shipowner in 1975, fifteen months after receiving compensation under the Longshoremen’s and Harbor Workers' Compensation Act (LHWCA). The shipowner moved to dismiss the complaint, arguing that Perez's right to sue was assigned to his employer because he failed to initiate the action within the six-month statutory period outlined in LHWCA section 33(b). Perez invoked the "conflict of interest" exception established in Czaplicki v. The Hoegh Silvercloud. The court examined who bears the burden of proof for this exception, ultimately siding with the defendant's position that the employee must demonstrate such a conflict. The defendant's motion to dismiss was denied, but Perez was given forty-five days to present competent evidence of a conflict of interest.

Longshoremen's and Harbor Workers' Compensation ActConflict of InterestAssignment of ClaimsMotion to DismissBurden of ProofStatutory InterpretationThird-Party LiabilityEmployer IndemnificationWorkers' Compensation BoardMaritime Law
References
12
Case No. W2018-01353-COA-R3-CV
Regular Panel Decision
Jan 31, 2020

Pamela Pryor v. City of Memphis

This case involves Pamela Pryor's appeal against the City of Memphis' denial of On-the-Job-Injury (OJI) benefits after her firefighter husband's death. The City denied the claim due to the absence of an autopsy report, a requirement of its OJI policy. The trial court reversed an Administrative Law Judge's decision, finding the City's policy conflicted with Tennessee Code Annotated section 7-51-201, which establishes a statutory presumption for firefighters' deaths caused by hypertension or heart disease occurring in the line of duty. The Court of Appeals affirmed the trial court's decision, deeming the City's autopsy requirement null and void for creating an additional burden on the claimant and usurping the statutory presumption. The case has been remanded to the ALJ for a new hearing applying the statutory burden-shifting analysis without the invalidated policy.

OJI benefitsFirefighter presumptionStatutory conflictAutopsy requirementBurden of proofAdministrative Law JudgeChancery CourtAppellate reviewRemedial statutesHypertension
References
26
Case No. MISSING
Regular Panel Decision

New York Underwriters Insurance Co. v. Ehlinger

This case concerns an appeal by New York Underwriters, a worker's compensation insurer, challenging an Industrial Accident Board (IAB) award of death benefits to the statutory beneficiaries of the deceased worker, Clarence G. Ehlinger. The insurer initially filed an appeal in district court, mistakenly naming the deceased worker as the sole defendant. After the statutory 20-day appeal period expired, an amended petition was filed correctly identifying the beneficiaries as defendants. The trial court dismissed the appeal for lack of jurisdiction, a decision upheld by this court. The court ruled that the original petition naming the deceased was a nullity and did not confer jurisdiction over the beneficiaries, and the subsequent untimely amendment failed to cure this jurisdictional defect. The beneficiaries were thus entitled to stand on the IAB award.

Workers' CompensationJurisdictionTimeliness of AppealIndustrial Accident BoardStatutory BeneficiariesMistaken IdentityParty MisnomerTexas LawAppellate ProcedureDeath Benefits
References
3
Case No. MISSING
Regular Panel Decision

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
Case No. W2012-00803-COA-R3-CV
Regular Panel Decision
Feb 15, 2013

Marvin Bernatsky and Patricia Bernatsky v. Designer Baths & Kitchens, LLC

This case addresses the bond requirements for appeals from General Sessions Court to Circuit Court in Tennessee. Plaintiffs Marvin and Patricia Bernatsky appealed a judgment, paying statutory court costs but initially lacking a separate appeal bond. The Circuit Court dismissed their appeal, citing a lack of subject-matter jurisdiction due to non-compliance with T.C.A. § 27-5-103. The Court of Appeals reversed this decision, clarifying that payment of statutory court costs fulfills the appeal-bond requirement. The court overruled prior conflicting precedent, emphasizing that a bond in a specific, statutorily defined amount, whether cash or surety, is sufficient to perfect an appeal.

Appeal Bond RequirementsTennessee CourtsStatutory ConstructionSubject Matter JurisdictionDe Novo AppealCourt CostsGeneral Sessions CourtCircuit Court AppealsLegislative HistoryLegal Precedent
References
52
Case No. MISSING
Regular Panel Decision

Susino v. Hellenic Lines Ltd.

Guiseppe Susino, a longshoreman, sued Hellenic, the vessel owner and his employer, for personal injuries sustained in 1977. Susino filed the suit in 1979, after the six-month period following his compensation award, a timeframe during which his right to sue a third party would typically be assigned to his employer under 33 U.S.C. 933(b) of the LHWCA. Hellenic moved to dismiss the complaint, arguing the action was barred. The court considered the serious conflict of interest, as Hellenic would be suing itself if the right were assigned. Citing Czaplicki v. The Hoegh Silvercloud, the court held that where a demonstrable conflict of interest exists, an injured longshoreman retains the right to sue a third party despite the expiration of the statutory period. Consequently, the defendant's motions to dismiss and for summary judgment were denied.

Longshoremen’s and Harbor Workers’ Compensation ActLHWCAConflict of InterestAssignment of ClaimThird-Party ActionStatutory PeriodMotion to DismissSummary JudgmentAdmiralty LawFederal Rules of Civil Procedure Rule 12(b)(6)
References
9
Case No. MISSING
Regular Panel Decision

Nixson v. Mobil Oil Corp.

David R. Nixson, an employee of Mobil Oil Corporation, suffered a severe arm injury requiring amputation in 1994 while working with rail cars. Mobil was a subscriber under the Texas Workers’ Compensation Act, and Nixson received workers' compensation benefits. Nixson subsequently filed a suit against Mobil and Marie Newman under the Texas Railroad Liability Act. The trial court granted a summary judgment in favor of Mobil and Newman, which Nixson appealed. The appellate court affirmed the summary judgment, concluding that Nixson's failure to provide notice waiving workers' compensation benefits and electing a statutory cause of action under the Railroad Liability Act limited him to the exclusive remedy of the Workers' Compensation Act, as determined by statutory construction regarding the conflict between the two acts.

Workers' CompensationRailroad Liability ActSummary JudgmentExclusive RemedyStatutory ConflictLegislative IntentElection of RemediesTexas LawIndustrial AccidentEmployee Injury
References
17
Case No. MISSING
Regular Panel Decision

Stromski v. Jefferson Auto Body

The claimant, an auto body repairer for 27 years, sought workers' compensation benefits for stomach cancer, attributing it to occupational exposure to chromium and talc. The Workers’ Compensation Board denied his claim, concluding that his disease was not causally related to his occupation after resolving conflicting expert medical testimony against him. The Board credited the carrier's expert, an internal medicine specialist, who testified that studies only link a specific type of chromium to carcinogenicity in the upper respiratory tract, not stomach cancer. This expert testimony successfully rebutted the statutory presumption of compensability under Workers’ Compensation Law § 21. The appellate court affirmed the Board's decision, emphasizing that resolving conflicts in medical testimony, particularly regarding causation, falls within the Board's province. Additionally, the claimant's appeal from the denial of reconsideration was deemed abandoned.

Occupational DiseaseStomach CancerCausationMedical Expert TestimonyChromium ExposureTalc ExposureBurden of ProofStatutory PresumptionAppellate ReviewBoard Decision Affirmed
References
4
Case No. MISSING
Regular Panel Decision

Rodriguez v. Texas Employment Commission

Appellant Johnny Rodriguez sought judicial review of a Texas Workforce Commission (TWC) decision that denied him unemployment benefits. Rodriguez, previously employed by the City of Portland, was terminated after suffering a re-injury and subsequently receiving worker's compensation benefits. His initial claim for unemployment benefits was denied by the TWC for non-compliance with Texas Labor Code § 201.011, a decision affirmed by administrative appeals and the trial court. On appeal, Rodriguez contended there was a conflict between Labor Code sections 201.011 and 207.049 concerning filing deadlines and disqualification while receiving worker's compensation, and raised constitutional challenges. The appellate court affirmed the trial court's decision regarding the benefits denial, finding no statutory conflict or constitutional violation, but reversed the assessment of court costs against Rodriguez.

Unemployment benefitsWorker's CompensationTexas Labor CodeStatutory interpretationJudicial reviewAdministrative decisionCourt costsConstitutional challengeBase periodBenefit year
References
14
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