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

Case No. 2018 NY Slip Op 00213
Regular Panel Decision
Jan 11, 2018

Matter of Colamaio-Kohl v. Task Essential Corp.

Claimant Ernest Colamaio-Kohl sought workers' compensation benefits after sustaining an accidental injury during his employment as a skin care specialist. The Workers' Compensation Board determined an employer-employee relationship existed between Colamaio-Kohl and Task Essential Corp., and awarded benefits. Task Essential Corp. appealed, contesting the employer-employee relationship, arguing Colamaio-Kohl was a special employee of Bloomingdale's, and asserting improper notice of injury. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the Board's findings. The court concluded that Task Essential Corp. exercised sufficient control over Colamaio-Kohl, he was not a special employee of Bloomingdale's, and late notice was excusable due to Task Essential Corp.'s actual knowledge of the accident.

Workers' CompensationEmployer-Employee RelationshipAccidental InjuryCourse of EmploymentLate NoticeSubstantial EvidenceAppellate ReviewThird DepartmentSkin Care SpecialistRetail Employment
References
19
Case No. 2018 NY Slip Op 06963
Regular Panel Decision
Oct 18, 2018

International Union of Painters & Allied Trades, Dist. Council No. 4 v. New York State Dept. of Labor

This case addresses the interpretation of New York's prevailing wage law, Labor Law § 220 (3-e), concerning apprentice wages on public work projects. The International Union of Painters & Allied Trades and glazing contractors challenged the New York State Department of Labor's (DOL) policy which stipulates that apprentices must perform tasks within their registered trade classification to be paid apprentice rates. Plaintiffs argued this policy increased costs and limited on-the-job training for glazier apprentices whose curriculum included tasks classified as ironwork. The Court of Appeals reversed the Appellate Division, upholding the DOL's interpretation as rational. The Court reasoned that the statute's language was ambiguous, and the DOL's policy prevented employers from using apprentices as cheap labor outside their specific trade, thereby ensuring proper training and maintaining construction standards.

Prevailing Wage LawApprentice WagesPublic Work ProjectsGlazier ApprenticesIronworker TasksStatutory InterpretationAdministrative DeferenceLabor Law § 220Trade ClassificationWorkforce Development
References
17
Case No. MISSING
Regular Panel Decision
Sep 27, 2007

National Union Fire Insurance Co. of Pittsburgh v. St. Barnabas Community Enterprises, Inc.

This case concerns the arbitrability of disputes between an unnamed petitioner and its insured, St. Barnabas, over retrospective premiums and credits from workers' compensation policies covering 1995-1998 and 2000-2001. The Supreme Court's order, which compelled arbitration and denied St. Barnabas's cross-motion to dismiss, was modified. The appellate court affirmed arbitration for the 1995-1998 policies due to explicit arbitration clauses. However, arbitration for the 2000-2001 policies was stayed as they lacked such clauses and provided for litigation. Claims of fraudulent inducement related to the earlier policies were referred to arbitrators, as they did not specifically challenge the arbitration agreement itself.

ArbitrationWorkers' Compensation PoliciesRetrospective PremiumsInsurance DisputesPolicy InterpretationFraudulent InducementContract LawNew York CourtsAppellate DecisionJurisdiction
References
6
Case No. 03-15-00416-CV
Regular Panel Decision
Jun 15, 2015

Oak Mortgage Group, Inc. Michael H. Nasserfar Michael E. Task And Tycord R. Gosnay v. Ameripro Funding, Inc.

AmeriPro Funding, Inc. is a residential mortgage lender. Appellants Michael H. Nasserfar, Michael E. Task, and Tycord R. Gosnay, former employees, are accused of secretly transmitting confidential records to competitor Oak Mortgage Group, Inc. before resigning, and continuing to possess and use these records. This brief argues for the affirmance of a temporary injunction granted by the district court against the appellants for misappropriation of trade secrets, breach of fiduciary duty, and other torts. The injunction aims to prevent further use of confidential information and solicitation of specific customers, with evidence supporting imminent and irreparable harm to AmeriPro. The brief also addresses arguments regarding the temporary injunction's compliance with Rule 683, the definition of 'customers', and the return of confidential information.

Confidential Information MisappropriationTrade Secret TheftBreach of Fiduciary DutyNon-Solicitation ViolationsTemporary Injunction AppealEmployee PoachingUnfair CompetitionCustomer List ProtectionFinancial Data ProtectionContract Interference
References
71
Case No. MISSING
Regular Panel Decision

Catania v. Hartford Accident & Indemnity Co.

This case involves a submitted controversy under sections 546 to 548 of the Civil Practice Act, concerning whether a liability policy issued to John Schiro extends coverage to the plaintiff for injuries sustained by Schiro's wife. Schiro's wife alleged negligence against her spouse in the operation of his vehicle during his employment with the plaintiff. The court analyzed Insurance Law section 167 (subd. 3), which states that policies do not cover liability for spousal injuries unless expressly provided. Citing Morgan v. Greater New York Taxpayers Mut. Ins. Assn., the court treated the policy as if issued to the plaintiff alone, determining that Schiro's wife is not the plaintiff's spouse, thus making section 167 (subd. 3) inapplicable. The decision, supported by Manhattan Cas. Co. v. Cholakis, concluded that the insurer is liable. Therefore, judgment was granted in favor of the plaintiff, requiring the defendant to defend the pending negligence action and pay any judgment up to the policy limits.

Liability PolicyInsurance CoverageSpousal LiabilityCivil Practice ActInsurance LawNegligenceDeclaratory JudgmentAutomobile AccidentEmployer LiabilityInterspousal Immunity
References
2
Case No. MISSING
Regular Panel Decision

Trojcak v. Valiant Millwrighting & Warehousing, Inc.

This case involves an appeal from a Workers' Compensation Board decision concerning the proper cancellation of an employer's workers' compensation policy. A claimant was injured in September 1995, leading to a dispute when the carrier claimed the policy was canceled in June 1995 due to nonpayment. Initially, a Workers' Compensation Law Judge ruled the policy was improperly canceled, citing Banking Law § 576 and estoppel. However, the Workers' Compensation Board reversed this, finding the cancellation adhered to Banking Law § 576's notice requirements. This appellate court affirmed the Board's decision, concluding that the statutory notice provisions were met and that the finance agency and carrier were not estopped from canceling the policy despite prior acceptance of late payments.

Workers' Compensation Policy CancellationBanking Law § 576Estoppel DoctrineNotice RequirementsLate PaymentsInsurance Coverage DisputePolicy DefaultAppellate ReviewStatutory CompliancePremium Finance Agreement
References
7
Case No. MISSING
Regular Panel Decision

Tamez v. Certain Underwriters at Lloyd's, London

This case concerns an appeal from a summary judgment regarding an accidental death insurance policy obtained by National Convenience Stores, Inc. (NCS) on the lives of its employees, Ramon Tamez and Cheryl McCarty. The families of Tamez and McCarty (appellants) sued NCS, Lloyd’s (insurer), Ronald Seaborg, and International Accident Facilities, Inc. (IAF) after NCS received and later returned policy benefits. Appellants claimed NCS lacked an insurable interest and was not a proper beneficiary under the Texas Insurance Code, seeking the proceeds through various claims including constructive trust, breach of contract, and conspiracy. The appellate court found that appellants had standing to challenge NCS's insurable interest and determined that NCS, as an employer, lacked an insurable interest in the lives of its general employees and was not a proper beneficiary under the Texas Insurance Code for this type of policy. Consequently, the court reversed the summary judgment in favor of appellees on claims related to insurable interest, proper beneficiary, conversion, breach of contract, conspiracy, and constructive trust. However, the court affirmed the summary judgment concerning claims of breach of the duty of good faith and fair dealing and violations of Article 21.21 of the Texas Insurance Code, as appellants were considered third-party claimants without standing for those specific claims.

Insurance LawInsurable InterestSummary JudgmentTexas Insurance CodeAccidental Death PolicyGroup InsuranceConstructive TrustBreach of ContractConspiracyDuty of Good Faith and Fair Dealing
References
29
Case No. MISSING
Regular Panel Decision

Fagnani v. American Home Assurance Co.

This case involves an appeal concerning an insurance policy's exclusionary clause. Plaintiffs' decedents, Stephen Fagnani and Brandon Young, were killed in a helicopter crash while working for ODECO. The defendant insurance carrier disclaimed liability, citing a policy exclusion for 'Flying in any Rotocraft being used for transportation of Oil Rig Crews to and from such rigs.' Special Term granted summary judgment for the plaintiffs, interpreting ambiguities against the insurer. Justice Titone, however, dissents, arguing that both sides presented extrinsic evidence, which creates a question of fact regarding the meaning of 'oil rig' that necessitates a trial. He recommends reversing the judgment, vacating the order, and remitting the matter for trial.

Insurance PolicyExclusionary ClauseSummary JudgmentContract InterpretationExtrinsic EvidenceAmbiguityHelicopter CrashAccidental DeathOil Rig CrewsAppellate Dissent
References
10
Case No. MISSING
Regular Panel Decision

Ramirez v. United States Fidelity & Guarantee Co.

Anthony Ramirez was killed in an accident while working for Leisure Pool Service, leading his estate and property owner Samuel Hillman to sue his employers for wrongful death. Hillman subsequently cross-claimed against the employers for indemnification and contribution. USF&G, the employers' insurer, disclaimed coverage for Hillman's cross-claim based on an employee bodily injury exclusion in their general liability policy. The Supreme Court granted summary judgment for USF&G, upholding the exclusion. On appeal, the court dismissed Ramirez's appeal, modified Hillman's appeal by explicitly declaring the exclusion applied, and affirmed the judgment, finding the policy's exclusionary language clear and unambiguous regarding employee injuries and related contribution claims.

Insurance policyDeclaratory judgmentSummary judgmentEmployee exclusionBodily injuryContributionIndemnificationAppellate reviewPolicy interpretationAmbiguity
References
10
Case No. 44 S.W.3d 554
Regular Panel Decision

Lawrence v. CDB Services, Inc.

Justice Baker's dissenting opinion argues that the majority's decision to uphold waivers of workers' compensation claims on public policy grounds directly contradicts the intent and established public policies of the Texas Workers’ Compensation Act. The dissent emphasizes that the Act created a comprehensive system to encourage employer participation in workers' compensation insurance and ensure adequate redress for all injured employees. Baker asserts that the Court improperly defers to the Legislature on a matter where legislative intent, prioritizing employee protection and encouraging subscription, is clear. The dissent concludes that such waivers are void as they undermine the statutory scheme, and their acceptance by employees should not render them enforceable.

Workers' Compensation ActPublic PolicyWaiversEmployer LiabilityEmployee RightsStatutory InterpretationContract LawDissenting OpinionTexas LawCommon Law Defenses
References
26
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