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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 00955
Regular Panel Decision
Feb 22, 2024

Darwish Auto Group, LLC v. TD Bank, N.A.

Plaintiffs Darwish Auto Group, LLC and Darwish General Corp. commenced an action against TD Bank, N.A. and Walid Darwish, alleging that Walid Darwish unilaterally modified bank account access for various users, which TD Bank subsequently refused to reverse without his individual approval. Plaintiffs sought a preliminary injunction and a declaratory judgment. The Supreme Court granted the preliminary injunction and later denied Walid Darwish's motion to dismiss the amended complaint. On appeal, the Appellate Division, Third Department, affirmed Supreme Court's decisions to grant the preliminary injunction and deny the motion to dismiss, finding plaintiffs established a probability of success on the merits, danger of irreparable injury, and a favorable balance of equities. However, the Appellate Division modified the order concerning the preliminary injunction by reversing the sum of the undertaking, remitting the matter to Supreme Court to determine an appropriate amount that bears a rational relation to potential damages Walid Darwish could suffer.

Preliminary InjunctionDeclaratory JudgmentBreach of Fiduciary DutyBreach of ContractBanking DisputesCorporate GovernanceManagement AuthorityShareholder DisputesAppellate ProcedureUndertaking Requirements
References
35
Case No. MISSING
Regular Panel Decision
Jan 03, 2001

Aussie Construction Corp. v. Empire Insurance

This case involves an appeal regarding a plaintiff's claim of overpayment for a general liability insurance policy provided by the defendant. The Supreme Court, New York County, initially granted partial summary judgment to the plaintiff, awarding $37,341, allowed amendment of the complaint, but also granted the defendant's cross-motion to dismiss. On appeal, the court unanimously modified the decision, increasing the plaintiff's award to $39,341 due to an acknowledged inadvertent error in the initial motion papers. The appellate court further denied the defendant's cross-motion to dismiss the complaint, citing inconsistency with other rulings. The court also addressed the defendant's claim for a setoff concerning a separate workers' compensation policy, finding insufficient evidence to link the policy to the plaintiff due to distinct entities. The action's transfer to Civil Court for resolution of workers' compensation coverage issues was affirmed.

OverpaymentGeneral Liability InsuranceSummary JudgmentWorkers' Compensation PolicySetoffAppellate ReviewCivil Court TransferInadvertent ErrorEntity IdentificationInsurance Dispute
References
1
Case No. MISSING
Regular Panel Decision

Flexborrow LLC v. TD Auto Finance LLC

Plaintiffs Flexborrow LLC and The Vault Auto Group, LLC (collectively "plaintiffs") initiated an action against TD Auto Finance LLC ("defendant"), asserting claims under the Racketeer Influenced and Corrupt Organizations (RICO) Act and New York State law for lender liability and fraud. The defendant moved to dismiss the complaint. The Court granted the defendant's motion, dismissing the RICO claims due to the plaintiffs' failure to adequately allege the defendant's participation in a RICO enterprise, a pattern of racketeering activity, and the predicate acts of mail and wire fraud with the required particularity. The RICO conspiracy claim was also dismissed. Furthermore, the Court declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice. The plaintiffs were granted leave to file an amended complaint within thirty days.

RICO ActRacketeeringMail FraudWire FraudPleading StandardsMotion to DismissRule 12(b)(6)Fraudulent SchemeLender LiabilitySupplemental Jurisdiction
References
86
Case No. MISSING
Regular Panel Decision

Dovi v. Grand Union Co.

The appeal concerns whether the Workers' Compensation Board erred in limiting a carrier's credit for overpayment to a claimant to one half the value of the continuing award. The carrier argued for full reimbursement or the right to pursue a common-law action for unjust enrichment due to a $14,000 overpayment made between 1966 and 1974. The court noted that the Workers' Compensation Law supersedes common-law rights and, citing section 22, affirmed that the Board has discretion in determining the manner of rectifying overpayments. The Board's decision to apply one half of continuing payments against the overpayments was thus sustained, despite the carrier's contention that it knew about the claimant's employment but failed to realize the overpayments.

OverpaymentCarrier CreditWorkers Compensation LawSection 22Board DiscretionUnjust EnrichmentCommon-law RightsReimbursementReduced EarningsAffirmed Decision
References
0
Case No. ADJ962557 (LBO 0527074)
Regular
Feb 28, 2012

GUILLERMINA OCHOA vs. INTERCONTINENTAL ART, INC., STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board rescinded a WCJ's decision allowing the defendant to offset $24,078.74 in TD and PD overpayments against future medical expenses. The Board found that allowing such a credit would undermine the purpose of providing necessary medical treatment and noted the defendant's significant delay in pursuing restitution. The Board's decision emphasizes that credit against future medical treatment is not strongly favored and is subject to equitable considerations and the discretion of the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary DisabilityPermanent DisabilityOverpaymentCreditFuture Medical TreatmentRes JudicataEquitableLabor Code Section 4909
References
0
Case No. ADJ11413860; ADJ11413862
Regular
Apr 21, 2025

RAFAEL NAVARRO vs. BITECH INC.; ACCIDENT FUND INSURANCE OF AMERICA, administered by UNITED WISCONSIN INSURANCE OF NEW BERLIN

The Workers' Compensation Appeals Board denied the defendants' Petition for Reconsideration in the cases of Rafael Navarro vs. Bitech Inc. and Accident Fund Insurance of America, administered by United Wisconsin Insurance of New Berlin. The Board adopted the Workers' Compensation Administrative Law Judge's (WCJ) Report and Opinions on Decision. Key issues addressed included the denial of credit for temporary disability (TD) overpayment, the determination of temporary disability periods, the validity of medical evidence from QME Dr. Lee and PTPs Dr. Daher and Dr. Pelton, and the defendant's denied request for tax return discovery. The WCJ's findings regarding the applicant's industrial injuries to the right knee (specific) and lumbar spine and bilateral wrists (cumulative trauma) were upheld.

WCABPetition for ReconsiderationLabor Code section 5909EAMStransmissionnoticeReport and Opinions on DecisionADJ11413860ADJ11413862bicycle mechanic
References
2
Case No. MISSING
Regular Panel Decision

KST Realty LLC v. Olatoye

KST Realty LLC, a landlord, filed an Article 78 petition against the New York City Housing Authority (NYCHA) challenging NYCHA's decision to deduct Section 8 subsidy payments intended for other tenants to recoup overpayments made for a former tenant, E.M. NYCHA had terminated E.M.'s subsidy effective August 31, 2011, after she was institutionalized, and subsequently recouped $11,630.05 from KST Realty LLC for alleged overpayments totaling $31,907.03. KST Realty LLC sought to vacate NYCHA's determination, recover reclaimed payments, and enjoin future deductions. NYCHA counterclaimed for the remaining overpayments. The court found that NYCHA had a rational basis for terminating E.M.'s subsidy and recouping overpayments according to federal regulations and their HAP contract. Consequently, the court denied KST Realty LLC's petition and ordered a framed issue hearing to determine the exact date E.M. vacated the apartment and the precise amount of overpayments owed by the petitioner to the respondents.

Article 78 PetitionLandlord-Tenant DisputeSection 8 Housing ProgramHousing SubsidyOverpayment RecoupmentAdministrative DiscretionRational Basis ReviewFederal Housing RegulationsHousing Assistance Payment ContractInstitutionalization
References
7
Case No. ADJ7562564 ADJ7962683
Regular
Nov 04, 2014

RICHARD ORR vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation appeal where the employer sought reconsideration of a prior award. The primary issues were a clerical error in the temporary disability (TD) indemnity rate and the duration of TD benefits. The Board granted reconsideration to correct the TD rate to $601.67 and amended the TD period from August 12, 2011, to August 12, 2013, applying the 104-week limit under Labor Code section 4656(c)(2). The Board affirmed the finding that the injury was to the applicant's psyche.

Pelican Bay State Prisoncorrectional cook supervisorindustrial injurypsychehypertensiontachycardiatemporary disability indemnityLabor Code section 4656(c)(2)104 compensable weeksclerical error
References
0
Case No. ADJ11930888
Regular
Nov 13, 2020

ANTHONY RAYA vs. RAINA RESOURCES INC dba HUMBOLDT HUMAN RESOURCES, UNITED WISCONSIN INSURANCE COMPANY

Here's a summary of the case for a lawyer: The Appeals Board granted reconsideration to modify an award of temporary disability (TD) benefits. While upholding the applicant's entitlement to TD from May 30, 2020, to July 12, 2020, the Board deferred the issue of ongoing benefits after that date. This deferral was due to insufficient medical evidence to support TD beyond July 12, 2020, despite the treating physician's opinion that the applicant was not yet permanent and stationary. The Board emphasized the need for further development of the medical record regarding future TD entitlement.

WCABAOE/COETemporary Disability IndemnityPermanent and StationaryQualified Medical ExaminerPrimary Treating PhysicianFunctional Restoration ProgramOdd Lot DoctrineSubstantial EvidenceSupplemental Report
References
9
Case No. ADJ3722656 (BAK 0145213)
Regular
Jul 24, 2014

WILLIAM CASTO vs. GENE WATSON CONSTRUCTION, COMMERCE & INDUSTRY INSURANCE COMPANY BY CHARTIS

This case concerns an applicant suffering severe burns who sought further temporary disability (TD) indemnity after the initial award expired. The Appeals Board overturned the WCJ's 104-week TD cap, finding the 240-week cap for severe burns applicable, extending TD entitlement to August 6, 2007. The Board also adopted the WCJ's calculation of the third-party credit but clarified its application based on the established total civil damages and defendant's comparative negligence. Consequently, the award was amended to reflect the extended TD period and the 240-week statutory cap.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityPermanent and StationaryLabor Code Section 4656104-week cap240-week capSevere BurnsSubstantial EvidenceMedical Opinion
References
6
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