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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

Schwartz v. Fish Workers Union of Greater New York

The plaintiff, Schwartz, a self-employed fish store owner, had previously employed one worker but discharged him due to a lack of business. Despite having no current employees, Schwartz was a member of an employer association engaged in a labor dispute with the defendant union regarding a new contract. The court determined that a labor dispute existed, emphasizing the broader economic dispute between the employer association and the union, rather than just an isolated employer-employee relationship. Schwartz sought an injunction against the union for misleading signs and loud talking. The court denied the temporary injunction but stipulated that no misleading signs claiming a lockout should be used by the defendant local, finding loud talking too vague for injunctive relief. The ruling highlighted the statutory definition of a labor dispute and the implications of an employer's membership in an association.

Labor dispute definitionInjunction denialEmployer association membershipUnion picketing legalitySingle-owner businessCollective bargaining disputeMisleading sign injunctionLabor Law 701(8)Temporary injunctive reliefEconomic group conflict
References
1
Case No. MISSING
Regular Panel Decision
Oct 17, 1997

In re the Claim of Mustaqur Rahman

The claimant, employed by a temporary agency for six months, resigned alleging co-worker harassment. He admitted not discussing his concerns with the employer prior to resigning. The Unemployment Insurance Appeal Board found he voluntarily left his employment without good cause, noting that continuing work and reassignment options were available had he informed the employer. The Board's decision was affirmed on appeal, reinforcing that co-worker conflicts do not constitute good cause for leaving employment, especially when the employer is not notified beforehand.

Unemployment InsuranceVoluntary ResignationGood CauseHarassmentEmployer NotificationBoard DecisionAppellate ReviewCo-worker ConflictDisqualificationEmployment Benefits
References
2
Case No. MISSING
Regular Panel Decision

City of Rome v. State of New York Public Employment Relations Board

The City of Rome eliminated the position of acting purchasing agent and transferred the duties to non-unit employees. Marilyn McLiesh's bargaining unit, CSEA, filed an improper practice charge, leading PERB to order McLiesh's reinstatement with back pay. The City of Rome initiated a CPLR article 78 proceeding, arguing that McLiesh's prolonged service as an acting agent violated NY Constitution, article V, § 6. The Supreme Court agreed, annulling the reinstatement and back pay order. Upon appeal by CSEA and PERB, the Appellate Division affirmed the Supreme Court's judgment, ruling that McLiesh's employment beyond the statutory temporary period was unconstitutional and therefore PERB exceeded its authority by ordering her reinstatement.

CPLR Article 78Improper Practice ProceedingPublic Employment Relations BoardCivil Service LawConstitutional ViolationReinstatement OrderBack PayProvisional EmployeeBargaining Unit WorkAppellate Division
References
5
Case No. MISSING
Regular Panel Decision
May 24, 1995

Claim of Shoemaker v. Manpower, Inc.

The case concerns an appeal from a Workers' Compensation Board decision regarding the employment status of a claimant who was injured while working at Westwood Pharmaceuticals. The claimant was generally employed by Manpower, Inc., a temporary employee supplier. Westwood contended that it was the claimant's special employer, limiting her remedy to workers' compensation. The Board initially found that Westwood's control was insufficient to establish a special employment relationship, ruling Manpower as the sole employer. Both Westwood and Manpower appealed this decision. The Appellate Division reversed the Board's findings, concluding that the evidence demonstrated Westwood exercised exclusive control and supervision over the claimant's activities, thereby establishing a special employment relationship. The matter was remitted to the Board for further proceedings consistent with this Court's decision.

Special EmploymentTemporary EmployeeWorkers' CompensationEmployer LiabilityControl TestDual EmploymentAppellate ReviewRemittalSubstantial EvidencePersonal Injury
References
8
Case No. MISSING
Regular Panel Decision

Okonski v. Pollio Dairy Products Corp.

Claimant sustained a work-related back injury in September 1987 and was subsequently paid temporary total disability benefits. Medical evaluations in December 1987 and January 1988 indicated that the claimant had a continuing partial disability but could perform light duty work, which the employer offered. The employer contended that the claimant's loss of wages after January 18, 1988, was due to her failure to accept this light duty offer, constituting a voluntary withdrawal from the labor market. The Workers’ Compensation Board concluded that the claimant did not voluntarily leave the labor market, finding her actions, including her initial reluctance to work the night shift due to its impact on her daughter's well-being and her attempts to contact the employer for alternative arrangements, to be reasonable. The appellate court affirmed the Board's decision, finding no basis to overturn its findings.

Workers Compensation AppealLight Duty EmploymentVoluntary Withdrawal from Labor MarketPartial DisabilityWage LossEmployer OfferReasonableness of RefusalNight ShiftDaughter's Well-beingHuman Resources Manager
References
1
Case No. ADJ15446832
Regular
Apr 10, 2023

SALVADOR TORRES MACIEL vs. ZARATE BROTHERS INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves an employer challenging an expedited workers' compensation award. The employer argued the case proceeded to trial prematurely before discovery was complete and that the finding of temporary partial disability was unsupported. The Appeals Board denied reconsideration, adopting the judge's reasoning that the employer was afforded due process and that the Qualified Medical Examiner's reports provided substantial evidence for the disability finding. The Board also noted that the employer failed to demonstrate substantial prejudice or irreparable harm.

Expedited FindingsTemporary Partial DisabilityPetition for ReconsiderationDeclaration of Readiness to ProceedQualified Medical ExaminerMaximum Medical ImprovementSubstantial EvidenceDiscoveryRemovalPetition to Take Off Calendar
References
8
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Claim of Lashlee v. Pepsi-Cola Newburgh Bottling

The Special Disability Fund appealed a decision by the Workers’ Compensation Board concerning a claimant's average weekly wage calculation. The claimant, injured while employed by Pepsi-Cola, also had concurrent employment with Mid-Hudson Limousine Service, Inc. and Robert H. Auchmoody Funeral Homes, Inc. A Workers’ Compensation Law Judge (WCLJ) included Auchmoody as a concurrent employer, increasing the claimant's average weekly wage. The Fund argued that Auchmoody should not be considered a "covered" employer because there was no proof of workers' compensation insurance. The Workers’ Compensation Board affirmed the WCLJ’s decision. The appellate court affirmed the Board's decision, clarifying that "covered" employment under Workers’ Compensation Law § 14 (6) refers to an employer subject to the Workers’ Compensation Law, irrespective of whether they actually carried an insurance policy, and that the law must be liberally construed in favor of employees.

Workers’ CompensationConcurrent EmploymentAverage Weekly WageCovered EmploymentIndependent ContractorSpecial Disability FundInsurance PolicyLiberal ConstructionAppellate DivisionWCLJ Decision
References
4
Case No. MISSING
Regular Panel Decision

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
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