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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 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. MISSING
Regular Panel Decision

Great Atlantic & Pacific Tea Co. v. Boland

The Great Atlantic and Pacific Tea Company sought a temporary injunction against the New York State Labor Relations Board to prevent elections among its employees for collective bargaining representatives. The plaintiff argued that the Board's decisions regarding craft unit definition and appropriate geographical unit were beyond its jurisdiction or unsupported by evidence. The court denied the motion, ruling that judicial review of the Board's preliminary election-directing proceedings is generally not permissible through a declaratory judgment action, unless challenging the statute's constitutionality or applicability. The court also noted that a stipulation between the conflicting A. F. of L. unions resolved the internal jurisdictional dispute, thereby eliminating the basis for the plaintiff's claim that the Board exceeded its jurisdiction.

Temporary InjunctionLabor Relations BoardCollective BargainingEmployee RepresentationCraft UnitGeographical UnitDeclaratory JudgmentJudicial ReviewAdministrative RemedyJurisdictional Dispute
References
8
Case No. ADJ7561791
Regular
Mar 19, 2012

LUIS PEREZ vs. COUNTY OF MONTEREY

The Workers' Compensation Appeals Board granted reconsideration to clarify an award of temporary disability benefits for an incarcerated inmate injured while working for the County of Monterey. The County argued it shouldn't be liable for continuing benefits since they couldn't offer modified employment to the released inmate. The Board found the original award lacked a sufficient legal basis for the duration and nature of the temporary disability. Therefore, the Board rescinded the Supplemental Award and returned the case to the trial level for further proceedings to clarify the basis for the award.

Industrial injuryIncarcerated inmateTemporary disabilityModified employmentEqual protection*Del Taco v. Workers' Comp. Appeals. Bd.*Supplemental AwardQualified Medical ExaminerPermanent and stationary statusLateral epicondylitis
References
2
Case No. MISSING
Regular Panel Decision

National Freelancers, Inc. v. State Tax Commission

Petitioners, National Freelancers, Inc. and Wordwise Personnel, Inc., service providers for temporary skilled workers, appealed the denial of their motion to quash subpoenas issued by the respondent. The subpoenas sought records of their temporary workers and client firms to investigate whether petitioners were properly collecting withholding taxes, following a complaint from a competing agency's attorney. The complaint alleged that petitioners treated their workers as independent contractors, gaining an unfair competitive advantage. The court affirmed the denial of the motion, finding that the respondent, a governmental agency, met the standard for investigative subpoenas by establishing its authority, the reasonable relation of the evidence sought to the inquiry, and an authentic factual basis for the investigation. This basis included the detailed complaint letter and a prior Department of Labor finding that Freelancers' personnel were employees for unemployment insurance purposes, supporting the legitimacy of the tax investigation.

SubpoenaIndependent ContractorsWithholding TaxEmployment StatusTemporary WorkersMotion to QuashInvestigative PowersUnfair Competitive AdvantageTax Law ComplianceState Agencies
References
4
Case No. MISSING
Regular Panel Decision

In re Miceli

The claimant, a former software engineer for IBM, sought extended unemployment insurance benefits under the Temporary Extended Unemployment Compensation Act of 2002 (TEUC-A) after her initial benefits were exhausted. The Unemployment Insurance Appeal Board reversed an Administrative Law Judge's decision and denied her application, ruling she was ineligible. Eligibility for TEUC-A benefits requires that airline-related employment ended due to specific events like reductions in service caused by the September 11, 2001 terrorist attacks, airport closures, or the military conflict with Iraq. The court found no basis to disturb the Board’s decision, as the claimant failed to demonstrate that her layoff due to 'lack of work' was directly attributable to any of the qualifying airline-related events specified in TEUC-A. The court also noted that certain documents offered by the claimant to support her assertion were outside the administrative record. Accordingly, the decision of the Board was affirmed.

Unemployment InsuranceExtended Unemployment CompensationTEUC-AAirline-related WorkersSoftware EngineerLayoffSeptember 11 AttacksIraq WarEligibility CriteriaAdministrative Law Judge
References
1
Case No. 2018 NY Slip Op 05652 [164 AD3d 1000]
Regular Panel Decision
Aug 02, 2018

Matter of Robinson v. Workmen's Circle Home

Barbara Robinson, a certified nurse's assistant, filed a claim for workers' compensation benefits for a work-related right shoulder injury in 2011. She received temporary disability payments totaling $133,807.48. In 2016, a Workers' Compensation Law Judge (WCLJ) awarded her a 42.50% schedule loss of use (SLU) to her right arm, amounting to $102,494.50, less prior payments. Robinson appealed the WCLJ's decision, arguing that the employer's carrier should not be credited for temporary partial disability payments against the SLU award. The Workers' Compensation Board disagreed, ruling that the carrier could credit all prior disability payments. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to differentiate between temporary total and temporary partial disability payments for credit purposes, thereby preventing an unjustifiable double recovery for the claimant.

Workers' CompensationSchedule Loss of UseTemporary Disability PaymentsCreditDouble RecoveryAppellate DivisionWork-Related InjuryRight Shoulder InjuryCarrier ReimbursementLegal Precedent
References
7
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. MISSING
Regular Panel Decision

Nigberg v. Bakery & Confectionery Workers of the International Union of America

This case addresses a motion for a temporary injunction. The court's decision was to deny the motion, but this denial was conditional. The defendants were required to bring the action to trial during the February term. Failure to do so would result in the temporary injunction motion being granted. The judges present for this decision included Kelly, P. J., Rich, Manning, Kelby, and Young, JJ.

Temporary InjunctionConditional DenialMotion PracticeCourt OrderJudicial Panel
References
0
Case No. ADJ3301256 (OXN 0137983)
Regular
Nov 13, 2015

TIMI WAVEREK vs. VENTURAL YOUTH CORRECTIONAL FACILITY, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration regarding temporary disability indemnity benefits. The Board agreed with the trial judge's recommendation to rescind the prior award and defer the issues of temporary disability indemnity benefits and penalties. The case is returned to the trial level for further proceedings to properly award temporary partial disability on a wage loss basis.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtemporary disability indemnitywage loss basisLabor Code Section 5803Labor Code Section 4654Labor Code Section 4657Report and Recommendationdeferred issues
References
0
Case No. SRO 137113
Regular
Oct 09, 2007

SCOTT MORRISSEY vs. JAMES NOLAN CONSTRUCTION, INC., MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning an industrial back injury. The amended award affirmed the original findings of temporary and permanent disability, but corrected a clerical error to include a credit for wages the applicant earned during the temporary disability period. The defendant's contention that they were not liable for temporary disability due to non-industrial causes was not the basis for the reconsideration granted, which focused on the credit for wages.

Petition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryTemporary DisabilityPermanent DisabilityApportionmentNon-Industrial CausesAverage Weekly EarningsCredit for Wages Earned
References
0
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