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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

Chung v. Express Tours, Inc.

The defendants appealed an order denying their motion for partial summary judgment and a change of venue. The Appellate Court reversed the order, granting the defendants' motion, dismissing the causes of action by plaintiffs Jiang Yi Wang and Sandy Liu, and severing the action for the remaining plaintiffs. The Court found that Wang's and Liu's claims were barred by the Workers' Compensation Law because the plaintiffs failed to raise a triable issue of fact regarding Wang's employment as a tour guide for defendant Express Tours, Inc., and whether Express had obtained Workers’ Compensation insurance coverage for him. Consequently, the venue for the remaining plaintiffs was transferred from Kings County to Richmond County.

Personal InjuryWorkers' Compensation LawSummary JudgmentVenue ChangeTour GuideEmployer LiabilityEvidentiary ValueAppellate ReviewKings CountyRichmond County
References
3
Case No. 2025 NY Slip Op 03670 [239 AD3d 1157]
Regular Panel Decision
Jun 18, 2025

Matter of Lo (Go N.Y. Tours Inc.--Commissioner of Labor)

Yero Lo, a street ticket seller for Go New York Tours Inc. (TopView Sightseeing), applied for unemployment insurance benefits after TopView's closure due to the COVID-19 pandemic. The Department of Labor initially determined TopView was the employer and liable for contributions. An Administrative Law Judge overruled this, finding Lo and others were independent contractors. The Unemployment Insurance Appeal Board reversed the ALJ, concluding that ticket sellers were employees, making TopView liable. The Appellate Division, Third Department, affirmed the Board's decision, citing substantial evidence of TopView's control over the ticket sellers, including training, providing equipment, setting parameters for sales, and restricting other employment.

Unemployment InsuranceEmployee ClassificationIndependent ContractorStreet Ticket SellerSightseeing Tour BusControl TestAppellate ReviewSubstantial EvidenceDepartment of LaborUnemployment Insurance Appeal Board
References
5
Case No. MISSING
Regular Panel Decision
Oct 02, 2013

O'Neill v. Mermaid Touring Inc.

Plaintiff Jennifer O’Neill, a former personal assistant to Stefani Germanotta (Lady Gaga) and Mermaid Touring, Inc., sued for unpaid overtime wages under the Fair Labor Standards Act (FLSA) and New York’s Labor Law. O'Neill alleged she worked "24/7" on-call for a fixed salary without overtime pay. Defendants sought summary judgment on whether O'Neill was entitled to overtime for work performed outside New York, if her "on-call" time was compensable, and the method for calculating any due overtime. The court granted summary judgment for defendants on the New York Labor Law claim for out-of-state work, but denied it regarding the compensability of "on-call" time and the method of overtime calculation due to unresolved factual disputes. Additionally, the Third Cause of Action was dismissed by consent.

Overtime CompensationFair Labor Standards ActFLSANew York Labor LawPersonal AssistantLady GagaOn-call TimeSummary Judgment MotionWage ClaimEmployee Misclassification
References
39
Case No. 85 Civ. 4724 (RO)
Regular Panel Decision

New York Bus Tours, Inc. v. Kheel

This District Court opinion addresses a long-standing labor dispute concerning bus drivers' entitlement to back pay following a 1979 wild-cat strike. The central issue involved clarifying an ambiguous arbitration award by Theodore W. Kheel, which initially awarded compensation but stayed enforcement pending the employer's recovery from the Board of Education. After numerous appeals and remands, arbitrator Eric J. Schmertz, with Kheel's testimony, definitively clarified that the original award required unconditional payment to the employees, regardless of the employer's success against the Board. The District Court upheld Schmertz's clarification, granting the Transport Workers Union's motion to confirm the award and denying New York Bus Tours, Inc.'s motion to vacate it. The decision emphasized the necessity of prompt payment to the employees who had awaited compensation for over a decade.

ArbitrationLabor DisputeWild-cat StrikeBack PayContract InterpretationJudicial ReviewArbitrator's IntentAppellate ReviewFederal Court JurisdictionSouthern District of New York
References
8
Case No. ADJ7162019
Regular
Aug 13, 2010

Abraham Avila vs. Victory Outreach San Bernardino, Guide One Ins. Co.

This case involves a petition for reconsideration filed by the defendant, Victory Outreach San Bernardino, and its insurer, Guide One Ins. Co. The Workers' Compensation Appeals Board has granted this petition. The Board determined that reconsideration is necessary to allow for further study of the factual and legal issues to ensure a just and reasoned decision. Further proceedings may be held pending the issuance of a Decision After Reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationVICTORY OUTREACH SAN BERNARDINOGUIDE ONE INS. CO.ABRAHAM AVILAOPINION AND ORDERGRANTING PETITIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
0
Case No. ADJ7037256
Regular
Jul 27, 2010

DENNY PEREZ vs. MARISELA MILLAN dba CHULA VISTA TOURS, ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted the judge's report, which found the applicant not to be an employee of Chula Vista Tours. This determination was based on the judge's assessment of the applicant's testimony as not credible, citing evidence of threats and suspicious timing of treatment and claim filing relative to a restraining order. The Board gave great weight to the judge's credibility findings, as is customary.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenial of ReconsiderationCredibility DeterminationEmployee StatusChula Vista ToursEndurance Insurance CompanyDriver MechanicDWC-1 Claim FormRestraining Order
References
1
Case No. MISSING
Regular Panel Decision

Soljan v. Bahou

Budgetary cutbacks in 1976 led to staff reductions in the Office of Drug Abuse Services (ODAS). Appellants then certified a preferred list of affected employees to fill vacancies, including Rehabilitation Counselor Trainee positions within the Department of Mental Hygiene. Petitioners initiated a CPLR article 78 proceeding, arguing that the inclusion of this title was arbitrary due to dissimilar job duties. Special Term agreed and annulled the determination. On appeal, the court affirmed the annulment, finding the job duties insufficiently comparable and the appellants' reasons for not ordering a civil service examination for provisional appointees unconvincing. However, the judgment was modified to reverse the directive that petitioner Soljan be continued in employment, recognizing that provisional appointees lack full civil service protection.

Civil Service LawPreferred ListRehabilitation Counselor TraineeBudget CutsStaff ReductionsJob ComparabilityCPLR Article 78Judicial Review ScopeProvisional AppointeesCivil Service Examination
References
4
Case No. MISSING
Regular Panel Decision

Claim of Harris v. New York State Office of General Services

Claimant, a tour guide for the Office of General Services in Albany, sustained a right shoulder injury after slipping on ice on a public street while en route to work from a state-owned parking garage. The Workers’ Compensation Board reversed a prior decision, finding the injury did not arise out of and in the course of employment. The appellate court affirmed the Board's decision, concluding that there was no special hazard at the accident site to satisfy the 'gray area' exception for accidents occurring off-premises on a public street, despite the close proximity of the access route to the employment situs.

Workers' CompensationAccidental InjuryCourse of EmploymentOff-Premises AccidentPublic StreetSpecial HazardAccess RouteGray Area DoctrineAppealBoard Decision
References
4
Case No. ADJ3849676 (AHM 0147658) ADJ1948081 (AHM 0147721)
Regular
Feb 14, 2011

ROBERT LEON vs. RF DEVELOPMENT & BUSCH CORPORATION, LINCOLN GENERAL INSURANCE

In this workers' compensation case, the defendant sought reconsideration of a $37\%$ permanent disability award, arguing the physician's impairment rating improperly deviated from the AMA Guides. The Appeals Board granted reconsideration, finding the physician's justification for not strictly applying the Guides was insufficient and not based on substantial medical evidence. Specifically, the physician's reliance on subjective complaints and analogies to amputation were not adequately supported. The Board rescinded the award and remanded the case for a new rating strictly following the AMA Guides.

Workers' Compensation Appeals BoardRF Development & Busch CorporationLincoln General InsuranceAmerican Claims ManagementRobert LeonADJ3849676ADJ1948081ReconsiderationFindings and AwardIndustrial Injuries
References
2
Case No. ADJ9890148
Regular
Feb 02, 2017

Timothy Bedford vs. CITY OF LOS ANGELES

This Workers' Compensation Appeals Board case denies reconsideration of a permanent disability rating. The Board affirmed the use of Figure 15-19 of the AMA Guides, finding it permissible to use any chapter or method within the Guides that most accurately reflects impairment. The Agreed Medical Evaluator's opinion was deemed substantial, as he explained how Figure 15-19 was used to derive a more accurate rating based on the applicant's specific spinal condition. The decision also distinguished the current case from prior panel decisions regarding the application of the AMA Guides and work limitations.

AMA Guidespermanent disability ratingrebuttable presumptionwhole person impairmentAlmaraz/Guzman IIclinical judgmentagreed medical evaluator (AME)Figure 15-19functional losssurgical-grade disc herniations
References
7
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