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

Case No. MISSING
Regular Panel Decision

Council v. Donovan

The petitioner, James T. Council, a substitute teacher, challenged his dismissal and the cancellation of his license after refusing to participate in mandatory shelter drills, citing conscientious objections to nuclear warfare. He argued his rights under Civil Service Law § 75 and the First and Fourteenth Amendments were violated, and that the drills were ineffective. The court dismissed his petition, ruling that as a substitute teacher in the unclassified service, he was not entitled to a formal hearing under Civil Service Law § 75. While acknowledging freedom of conscience, the court affirmed that conduct is subject to reasonable governmental regulation for public safety, upholding the acting Superintendent's decision to cancel his license due to insubordination. The court concluded that the penalty was not an abuse of discretion, as public employment is contingent on complying with lawful terms set by school authorities.

Substitute TeacherLicense CancellationCivil Service LawFreedom of ConscienceFirst AmendmentFourteenth AmendmentShelter DrillsInsubordinationAdministrative RemedyJudicial Review
References
27
Case No. MISSING
Regular Panel Decision

European American Bank v. Strab Construction Corp.

The plaintiff-appellant filed a motion to resettle a prior decision from April 5, 1993, seeking to substitute Marla Strow for the deceased defendant Jerome Strow and to include prejudgment interest in the judgment. The court denied the substitution motion without prejudice, directing an application to the Surrogate's Court and then a motion in the Supreme Court. However, the branch of the motion concerning prejudgment interest was granted, leading to the recall and vacation of the original April 5, 1993 decision, and the substitution of the present decision and order. In this new decision, the appeal against Jerome Strow was dismissed, and the order pertaining to him was vacated because he died before the summary judgment motion was decided. Conversely, the court reversed the prior order concerning defendants Strab Construction Corp. and Gary Rabinowitz, granting summary judgment to the plaintiff for $1,205,000, and remitting the case for the calculation of prejudgment interest and attorney fees.

Promissory NotesSummary JudgmentPrejudgment InterestSubstitution of PartiesDeceased DefendantStatute of FraudsOral AgreementAppellate ProcedureCivil ProcedureNassau County
References
8
Case No. CV-24-1068
Regular Panel Decision
Nov 20, 2025

In the Matter of the Claim of Lynn Pandolfi

The Appellate Division reversed a Workers' Compensation Board decision denying counsel fees to Grey & Grey, LLP. The law firm had represented Lynn Pandolfi in her workers' compensation claim but was relieved due to a breakdown in communication. The WCLJ and the Board denied fees, citing Workers' Compensation Law § 24 (3), which they interpreted to preclude fees when a prior attorney is not substituted by new counsel. The Appellate Division clarified that § 24 (3) applies to fee allocation between substituted attorneys and does not bar fees for an un-substituted attorney. The court remitted the matter for the Board to determine fees based on services rendered, considering the claimant's financial state.

Counsel FeesWorkers' Compensation Law § 24Statutory InterpretationAttorney-Client RelationshipSubstitution of CounselWorkers' Compensation BoardAppellate ReviewRemittalLegal RepresentationUnrepresented Claimant
References
3
Case No. MISSING
Regular Panel Decision

New York State Workers' Compensation Board v. Classic Insurance Agency

An appeal was filed from a Supreme Court order, dated February 23, 2010, which allowed the New York State Workers’ Compensation Board to be substituted as plaintiff for Compensation Risk Managers, LLC. The appellate court unanimously dismissed the appeal, finding the order to be nonappealable because it did not affect a substantial right of the defendants. The court further noted that even if leave to appeal were granted, the substitution would be affirmed, as the Workers’ Compensation Board had legitimately taken over the authority for administering workers’ compensation claims and providing risk management services from the original plaintiff.

Substitution of PartiesAppellate ProcedureNonappealable OrderSubstantial RightRisk ManagementWorkers' Compensation BoardDismissal of AppealCivil ProcedureInterlocutory OrderLegal Standing
References
3
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
4
Case No. MISSING
Regular Panel Decision

Catania v. Herbst

Plaintiff Catania, a supervisory USPS employee, sued Norma Herbst, a USPS clerk, for defamation after Herbst made statements to management regarding Catania's work habits (sleeping, fuel theft). The U.S. Attorney certified Herbst was acting within the scope of her employment, leading to the substitution of the United States as the defendant under the Federal Torts Claims Act (FTCA). Catania opposed this, but the court found Herbst's whistleblowing complaints were made within the scope of her employment. Consequently, the substitution was upheld, and since the FTCA bars defamation claims against the United States, the entire action was dismissed.

DefamationScope of EmploymentFederal Torts Claims ActFTCA ImmunitySubstitution of PartiesWhistleblower ProtectionUSPS EmployeeGovernmental ImmunityNew York State LawFederal Court Jurisdiction
References
22
Case No. 2020 NY Slip Op 06420 [188 AD3d 1366]
Regular Panel Decision
Nov 12, 2020

Matter of Profeta v. Edward J. Bosti Elementary Sch., Connetquot Cent. Sch. Dist. of Islip

Claimant, a per diem substitute teacher, sustained injuries but continued working for two weeks post-incident and sought medical treatment five weeks later. The Workers' Compensation Board determined she voluntarily withdrew from the labor market without seeking medical advice and that any subsequent loss of earnings was not causally related to her compensable injuries. The Board noted claimant's choice to pursue other employment opportunities rather than substitute teaching. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the Board's factual determinations regarding voluntary withdrawal and the cause of lost earnings.

Workers' CompensationLabor Market WithdrawalVoluntary WithdrawalSubstitute TeacherConcurrent EmployersEarning CapacityAppellate ReviewSubstantial EvidenceMedical TreatmentEmployment Choices
References
9
Case No. MISSING
Regular Panel Decision
Jan 04, 2012

Humphries v. Consolidated Edison Co.

The Supreme Court, New York County, affirmed an order that granted the petitioner's motion to approve, nunc pro tunc, settlements with four nonparties and directed counsel to amend the caption to substitute the estate of the deceased as petitioner. The court found the nunc pro tunc substitution proper as the petitioner, appointed executor, actively participated in the litigation. Furthermore, the court correctly approved the settlements nunc pro tunc, deeming them reasonable given the limited resources and uncertain liability of the entities, noting that the petitioner was not dilatory and Con Edison was not prejudiced. Con Edison's remaining contentions were found unavailing.

nunc pro tuncsettlement approvalparty substitutionasbestos litigationWorkers' Compensation Boardestate executorappellate affirmationprejudice assessmentdilatory conductlimited resources
References
2
Case No. 2023 NY Slip Op 03095 [217 AD3d 1346]
Regular Panel Decision
Jun 09, 2023

People v. Cleveland

Defendant appealed a judgment convicting him of kidnapping and robbery. The Appellate Division, Fourth Department, reviewed several contentions, including the denial of substitution of counsel, the victim's in-court identification, and the legal sufficiency of the evidence. The court found no error in the County Court's rulings regarding counsel substitution and the victim's identification. It also concluded that the evidence, including DNA, fingerprint, and cell phone data, was legally sufficient to establish defendant's identity. While rejecting defendant's ineffective assistance of counsel claims, the court exercised its discretion to modify the sentence, directing all sentences to run concurrently, deeming the original consecutive sentences unduly harsh.

Kidnapping Second DegreeRobbery First DegreeRobbery Second DegreeAppellate Division Fourth DepartmentJury Verdict ReviewSubstitution of CounselIn-Court IdentificationLegal Sufficiency of EvidenceDNA EvidenceFingerprint Evidence
References
33
Case No. ADJ12405860; ADJ7255430; ADJ7241349
Regular
May 06, 2025

Callie Merkerson vs. California Department of Corrections and Rehabilitation, State Compensation Insurance Fund

Applicant Callie Merkerson and defendant California Department of Corrections and Rehabilitation, administered by State Compensation Insurance Fund, both sought reconsideration of a Joint Findings and Awards (F&A) dated October 23, 2024. The Appeals Board denied the applicant's petition but granted the defendant's petition, rescinding the original F&A and substituting a new decision. The substituted decision incorporated the Workers' Compensation Administrative Law Judge's recommendations, addressing clerical errors, clarifying permanent disability rates, and affirming findings related to industrial injuries to the bilateral wrists and psyche, relying on the medical opinions of QMEs William Campbell, D.O., and Anish Shah, M.D.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardsRight Shoulder InjuryPsyche InjuryBilateral WristsCarpal Tunnel SyndromeLabor Code Section 4658(d)Industrial Disability LeavePermanent Disability Indemnity
References
12
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