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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
Jul 31, 1997

Di Blasi v. Traffax Traffic Network

Plaintiff, an on-air traffic announcer for Traffax Traffic Network, was discharged after reporting for jury duty despite his supervisor's directive to report to work. He subsequently filed a lawsuit alleging violations of Judiciary Law § 519 and wrongful/retaliatory discharge, as well as breach of contract. The Supreme Court granted the defendants' motion for summary judgment, dismissing the complaint on the grounds that neither section of the Judiciary Law provided a private cause of action and that his employment was at-will, precluding a breach of contract claim. The Appellate Division affirmed this decision, holding that allowing a private right of action would be inconsistent with the legislative scheme and acknowledging the Legislature's veto of a bill to amend Judiciary Law § 519 to include a civil remedy. The court also found no support for a breach of contract claim, reiterating that his at-will employment could be terminated for any reason.

jury dutywrongful dischargeretaliatory dischargeemployment at willprivate right of actionlegislative intentstatutory interpretationsummary judgmentbreach of contractemployee protection
References
11
Case No. 2020 NY Slip Op 00660
Regular Panel Decision
Jan 30, 2020

Matter of Jones v. General Traffic Equip. Corp.

Claimant Renford Jones, who sustained a work-related back injury resulting in a permanent partial disability, sought a hearing to modify his reduced earnings awards. The Workers' Compensation Law Judge (WCLJ) modified the awards. The employer, General Traffic Equipment Corp., and the State Insurance Fund (SIF) appealed the WCLJ's decision to the Workers' Compensation Board, but their application for Board review was denied due to alleged incompleteness, specifically the omission of the hearing date for their objection. SIF's subsequent application for reconsideration was also denied. The Appellate Division, Third Department, reversed the Board's decision, finding that SIF's response, which provided the exact time of the objection in the digital audio recording of the sole hearing, adequately met the regulatory requirements. The court remitted the matter to the Workers' Compensation Board for further proceedings consistent with its decision, dismissing the appeal from the denial of reconsideration as academic.

Workers' CompensationAdministrative ProcedureBoard ReviewRegulatory InterpretationAppellate ReviewProcedural Due ProcessWorkers' Compensation Law JudgeDigital Audio RecordingPleadings and MotionsDisability Benefits
References
9
Case No. MISSING
Regular Panel Decision
Jan 27, 1965

Rivera v. Hellman

This case involves a motion to confirm a Special Referee's report concerning the amounts and priorities of various liens. The Special Referee conducted a hearing and reported on claims from an attorney for the plaintiff ($793.50), Roosevelt Hospital ($846.53), and the Millinery Health Fund ($641.00, later adjusted to $528). The report established the amounts of each lien and recommended priorities, placing the attorney's lien first, followed by the hospital lien (except for a $12 outpatient service), and then the compensation lien. The court concurred with the Special Referee's report and recommendations, granting the motion to confirm.

Lien PriorityAttorney's LienHospital LienDisability BenefitsWorkmen's Compensation LawSpecial Referee ReportMotion GrantedNew York Supreme CourtLien LawMotion Practice
References
2
Case No. MISSING
Regular Panel Decision

Colindres v. Carpenito

Plaintiff Rochelle Colindres sought a protective order to deny defendants' demand for a medical report from her former treating psychologist, Diane Henry, or alternatively, relief from compliance with Uniform Rules for Trial Courts § 202.17(b)(1). Colindres argued that the defendants waived their right to the report as the independent medical examination (IME) already occurred, and that obtaining the report would be an undue hardship since Henry ceased treatment due to Colindres' attendance issues. Defendants Mario Carpenito, Jr., City of White Plains, and White Plains Parking Department opposed, asserting that the report was necessary to clarify alleged injuries, prepare for cross-examination, and facilitate settlement, highlighting Colindres' complex medical history predating the incident. The court denied both branches of Colindres' motion, finding that the rule applies broadly to personal injury actions, defendants did not waive their entitlement, and Colindres failed to prove it was impossible to obtain the report. The court ordered Colindres to exchange a compliant medical report from Diane Henry by March 27, 2017.

protective ordermedical report disclosurediscovery disputepsychological treatmentindependent medical examinationCPLR 310322 NYCRR 202.17waiver of discoveryundue hardshippersonal injury damages
References
12
Case No. MISSING
Regular Panel Decision
Sep 28, 1979

Fiat Motors of North America, Inc. v. National Highway Traffic Safety Administration of the Department of Transportation

Plaintiff Fiat Motors of North America, Inc. sought a preliminary injunction to prevent the National Highway Traffic Safety Administration (NHTSA) from holding a hearing concerning alleged defects in Fiat vehicles and a repurchase campaign. Fiat contended it was deprived of adequate notice, an opportunity to present its views, and a hearing before an impartial tribunal. The court, presided over by District Judge Metzner, applied the exhaustion of remedies doctrine, emphasizing that judicial intervention is typically warranted only after a final agency determination. The court denied Fiat's motion, finding that Fiat received reasonable notice, its constitutional claims could be addressed at the hearing and were subject to de novo review, and there was insufficient evidence of agency bias. Consequently, the court ordered the hearing to proceed as scheduled on September 28, 1979.

Preliminary InjunctionAdministrative LawJudicial ReviewExhaustion of RemediesDue ProcessAdequate NoticeImpartial TribunalNational Highway Traffic Safety AdministrationVehicle SafetyProduct Recall
References
9
Case No. MISSING
Regular Panel Decision

Deleon v. New York City Sanitation Department

DeGrasse, J., dissents from the majority's premise, arguing that the reckless disregard standard of care set forth under Vehicle and Traffic Law § 1103 (b) applies to the case. The case involves a 2010 collision between a plaintiff's vehicle and a mechanical street sweeper operated by defendant Robert P. Falcaro, a city sanitation worker. The dissent asserts that Rules of the City of New York (34 RCNY) § 4-02 (d) (1) (iv) incorporated this standard for highway workers, a category Falcaro falls under. It refutes the majority's interpretation of 34 RCNY § 4-02 (d) (1) (iii), stating it provides no standard of care and thus does not contradict the application of the reckless disregard standard. The dissenting judge concludes that summary judgment was properly granted by the court below, as there was no evidence of Falcaro's intentional conduct committed in disregard of a known or obvious risk of highly probable harm, and would affirm the denial of plaintiff’s motion for summary judgment and the granting of defendants’ cross motion.

Reckless disregardVehicle and Traffic LawStreet sweeperHighway workerSummary judgmentMunicipal lawNew York City RulesStandard of careDissentCollision
References
6
Case No. ADJ1778830 (STK 0204284)
Regular
Jun 25, 2013

JOSE DAVILLA vs. GOLDEN STATE COLLISION CENTERS, TRUCK INSURANCE EXCHANGE

This case concerns Jose Davila's petition for reconsideration after the Workers' Compensation Appeals Board (WCAB) denied his claim for increased benefits under Labor Code section 132a. Davila argued his employer, Golden State Collision Centers, improperly terminated him due to his work-related injury. The WCJ found Davila failed to establish a prima facie case of discrimination, as his termination was for failing to provide requested FMLA paperwork, a policy applied uniformly to all employees regardless of injury status. Furthermore, the employer credibly testified they were unaware of the work-related injury until after Davila's termination. Consequently, the WCAB adopted the WCJ's report and denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJCredibilityAssistant PainterDate of InjuryFMLA paperworkDiscriminationDetrimental Consequence
References
1
Case No. MISSING
Regular Panel Decision

Chaplin v. Pathmark Supermarkets

This case addresses a motion by defendants, including Supermarkets General Corp., for a protective order to vacate the plaintiff Mimi Chaplin's notice for discovery and inspection of accident reports. Mimi Chaplin sought these reports after sustaining personal injuries from a fall at the defendant's premises. The court, presided over by Justice James F. Niehoff, analyzed the newly enacted CPLR 3101 (g), which mandates full disclosure of accident reports prepared in the regular course of business. The court found that the accident report in question was prepared in Supermarkets General Corp.'s regular course of business, rendering it discoverable regardless of its potential use in litigation, thus denying the defendants' motion.

DiscoveryProtective OrderAccident ReportsCPLR 3101(g)Litigation PreparationRegular Course of BusinessPersonal InjuryNegligenceDisclosureEvidence
References
10
Case No. SAL SJO 252436 (MF); SJO 246192
Regular
Jul 02, 2007

NIHAL HORDAGODA vs. State Compensation Insurance Fund

This case involves an employer's petition for reconsideration of an order authorizing medical treatment and admitting the Qualified Medical Examiner's (QME) reports. The employer argued the QME reports were inadmissible due to an alleged ex parte communication between the applicant and the QME, and that the awarded treatments were improper. The report recommends denying the petition, finding the communication was permissible under LC § 4062.3(h) and that the QME's opinions and awarded treatments for chronic pain were reasonable and not governed by ACOEM guidelines.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorLabor Code Section 4062.3Ophthalmological evaluationFunctional capacity evaluationUtilization ReviewACOEM GuidelinesChronic spinal conditionTreating physician
References
0
Case No. MISSING
Regular Panel Decision

In Re Penn Traffic Co.

The Penn Traffic Company, a Chapter 11 debtor, sought to reject a Project Agreement with COR Route 5 Company, LLC, under Section 365(a) of the Bankruptcy Code. The agreement involved a land exchange, supermarket construction, and a lease-back. COR had completed all its obligations, including tendering a $3.5 million reimbursement and the signed lease, but Penn Traffic refused to accept. The court denied the motion, ruling that the Project Agreement was not an executory contract when the motion was filed, as COR had substantially performed its duties. The court emphasized that Penn Traffic's refusal to accept performance, invoking the Doctrine of Prevention of Performance, could not justify rejecting the contract as executory.

Bankruptcy LawExecutory ContractsSection 365(a)Contract RejectionSubstantial PerformancePrevention of Performance DoctrineDebtor-in-PossessionChapter 11Commercial Real EstateLand Swap
References
68
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