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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

Claim of Le Myre v. La Belle

This case involves appeals from two Workers’ Compensation Board decisions. The Board found that the claimant, a 15-year-old groom, suffered a disabling injury within the course of employment and established an employer-employee relationship with Stephen M. La Belle, owner of Steve Belle’s Racing Stable. La Belle contended the claimant was a volunteer, denying any payment. The Board, however, credited the claimant’s testimony regarding the nature of the work, payment, and La Belle's control, finding substantial evidence for an employer-employee relationship. The appellate court affirmed the Board's decisions.

Employer-Employee DisputeSubstantial Evidence ReviewCredibility AssessmentAppellate AffirmationMinor EmploymentEquine IndustryOccupational InjuryWage Non-Payment ClaimSaratoga CountyBoard Decision Appeal
References
3
Case No. MISSING
Regular Panel Decision

New York Racing Ass'n v. State of New York Racing & Wagering Board

The New York Racing Association (NYRA) filed a CPLR article 78 application seeking to exempt competitive bidding policy documents from disclosure under the New York Freedom of Information Law (FOIL), citing Public Officers Law § 87 (2) (d) regarding trade secrets and potential substantial competitive injury. NYRA challenged a determination by the State of New York Racing and Wagering Board (NYSRWB) that had partially denied this exemption for certain approved policy changes. The court, applying the Encore test, found that even a summarized release of these documents would constitute a disclosure of proprietary trade information. Such disclosure, especially to the press, was deemed likely to cause significant competitive disadvantage to NYRA, impacting its franchise renewal and bankruptcy reorganization efforts. Consequently, the court granted NYRA's application, vacating the NYSRWB's prior determination and ruling that the documents are exempt from FOIL disclosure.

FOILFreedom of Information LawPublic Officers LawTrade SecretsCompetitive BiddingProprietary InformationCommercial EnterpriseSubstantial InjuryRacing IndustryRegulatory Board
References
14
Case No. MISSING
Regular Panel Decision

Jara v. New York Racing Ass'n

An employee of Seasons Contracting Corp., acting as the plaintiff, suffered personal injuries during demolition work at Aqueduct Race Track, owned by New York Racing Association, Inc., and overseen by Tishman Construction Corporation of New York as the construction manager. The plaintiff fell eight feet while traversing a partially demolished wall and debris. The Supreme Court initially granted summary judgment to the defendants on Labor Law claims and denied the plaintiff's motions. On appeal, the order was modified: the defendants' summary judgment motions were denied, the plaintiff's cross-motion for summary judgment on Labor Law § 240(1) liability was granted, and leave was granted to supplement the bill of particulars with Industrial Code §§ 23-1.7 (e)(1) and (2). The appellate court determined that the defendants failed to provide adequate safety devices, which proximately caused the plaintiff's injuries, and that the specified Industrial Code sections were applicable.

Personal InjuryLabor Law § 240(1)Labor Law § 241(6)Industrial CodeConstruction AccidentDemolition SafetySummary JudgmentAppellate ReviewPremises LiabilityElevation Risk
References
15
Case No. ADJ2258100 (LAO 0864241)
Regular
Jul 03, 2013

ARTURO VILCHES vs. STEVE KNAPP RACING STABLES, AIG CLAIMS SERVICES/CHARTIS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a prior decision. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB will use this reconsideration to ensure a complete understanding of the record and issue a just decision. Pending this, all future filings must be submitted in writing directly to the WCAB Commissioners' office, not to district offices or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationArturo VilchesSteve Knapp Racing StablesAIG Claims ServicesChartis InsuranceStatutory Time ConstraintsFactual IssuesLegal Issues
References
0
Case No. 525540
Regular Panel Decision
Nov 29, 2018

Matter of Knapp v. Bette & Cring LLC

Robert G. Knapp, who sustained a work-related injury in 2010, initially received workers' compensation benefits for a 40.50% schedule loss of use of his left foot. Following an independent medical examination (IME) by Richard Saunders, which assessed an 88% loss of use, the Workers' Compensation Board (Board) increased the award to 50%, but controversially precluded Saunders' report and testimony. This preclusion was based on Subject No. 046-124, a Board policy requiring parties to share written communications with health care professionals. Knapp appealed the Board's decision, arguing the preclusion was unwarranted. The Appellate Division, Third Department, found that the limited communication between Knapp's counsel and Saunders was ministerial, not an attempt to influence, and ruled that the Board abused its discretion by precluding the evidence. Consequently, the court reversed the Board's decision and remitted the matter for reconsideration including Saunders' report and testimony.

Schedule Loss of UseIndependent Medical ExaminationPreclusion of EvidenceAdministrative DiscretionAppellate ReviewAbuse of DiscretionWritten Communication PolicyEx Parte CommunicationJudiciary LawWorkers' Compensation Law
References
4
Case No. CV-22-2121
Regular Panel Decision
May 30, 2024

In the Matter of the Claim of Steve Persaud

Steve Persaud suffered a work-related back injury in 2000, for which his workers' compensation benefits were established. Payments for a temporary disability continued until November 2012, at which point the carrier suspended them due to a lack of current medical evidence of ongoing disability. After several hearings, a Workers' Compensation Law Judge (WCLJ) concluded that all previous issues were resolved. In February 2022, Persaud filed a request for assistance, claiming a permanent partial disability classification from 2007, unpaid benefits from 2012, and carrier fraud. The Board affirmed the WCLJ's findings in July 2022, stating no evidence of permanent disability, timely payments, and no fraud. Persaud's subsequent application for reconsideration and/or full Board review was denied in October 2022, leading to this appeal. The Appellate Division affirmed the Board's denial, limiting its review to whether the denial was arbitrary and capricious or an abuse of discretion, and found no grounds for reversal.

Workers' CompensationPermanent Partial DisabilityMedical EvidenceReconsideration DenialFull Board ReviewAppellate DivisionDisability BenefitsFraud AllegationsArbitrary and Capricious ReviewAbuse of Discretion Review
References
8
Case No. 2017 NY Slip Op 08359 [155 AD3d 1014]
Regular Panel Decision
Nov 29, 2017

Keceli v. Yonkers Racing Corp.

The plaintiff, Suzanne Elizabeth Keceli, an openly gay woman, alleged employment discrimination based on sexual orientation and unlawful retaliation against her employer, Yonkers Racing Corporation, and individual supervisors. She claimed persistent discriminatory comments and retaliatory actions after complaining about the workplace environment. The Supreme Court, Westchester County, initially granted summary judgment to the defendants, dismissing her claims. On appeal, the Appellate Division, Second Department, affirmed this decision. The appellate court found that the defendants had presented legitimate, nondiscriminatory reasons for their actions, and Ms. Keceli failed to provide sufficient evidence to create a triable issue of fact regarding pretext or a causal link between her protected activity and the adverse employment actions.

employment discriminationsexual orientation discriminationhostile work environmentunlawful retaliationsummary judgmentprima facie caseprotected activityadverse employment actionpretextcausal connection
References
9
Case No. MISSING
Regular Panel Decision

MacMillen v. New York State Racing & Wagering Board

The Appellate Division reversed a Supreme Court judgment that had annulled a declaratory ruling by the New York State Racing and Wagering Board. The Board's ruling required owners of thoroughbred racehorses to provide workers’ compensation insurance for their jockeys. The petitioner, representing the Horsemens’ Benevolent and Protective Association, challenged this, arguing jockeys could be independent contractors. The Appellate Division held that determining employee status falls under the Board's exclusive jurisdiction and that the Board acted within its authority and was neither arbitrary nor capricious in its ruling.

Workers' Compensation InsuranceJockeysThoroughbred Race HorsesDeclaratory RulingIndependent ContractorsEmployeesState Racing and Wagering BoardJudicial ReviewHazardous OccupationExclusive Jurisdiction
References
6
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. ADJ2217928
Regular
Apr 11, 2014

Arturo Lopez Delacruz vs. John Glenney Racing Stable

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's findings that no valid dismissal order existed for the applicant's case. The defendant's counsel received a stern admonishment for multiple violations of board rules. Sanctions up to $2,500 may be imposed for future rule breaches.

WCABPetition for ReconsiderationWCJ ReportAdministrative Law JudgeRules of Practice and ProcedureSanctionsOrder of DismissalPetition to VacateDeclaration of Readiness to ProceedService of Process
References
1
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