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

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
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

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
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. MISSING
Regular Panel Decision

People v. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. MISSING
Regular Panel Decision
Jun 28, 2000

Claim of Charlotten v. New York State Police

Claimant, a State Trooper since 1981, filed a claim in 1996 for mental injury due to 'multiple stressors on the job.' The Workers’ Compensation Board denied the claim, concluding that the work-related stress did not constitute a compensable accident, as it was not greater than that usually occurring in a normal work environment. Claimant appealed, citing stressors such as investigating gruesome traffic fatalities, perceived harassment and racial discrimination by supervisors, job transfers, and an incident where other Troopers allegedly laughed at him. The Board's determination was supported by substantial evidence, finding no proof of discrimination or harassment, and concluding that the other incidents were typical for a State Trooper. The decision of the Workers' Compensation Board was affirmed.

Mental injuryWork-related stressState TrooperWorkers' Compensation BoardCompensable accidentFactual issueSubstantial evidenceAppellate reviewEmployment conditionsJob stressors
References
7
Case No. 2020 NY Slip Op 04861
Regular Panel Decision
Sep 02, 2020

People v. Janvier

Defendant Jean Janvier appealed his 2014 conviction for assault and resisting arrest stemming from a 2013 incident where he assaulted two New York City Taxi and Limousine Commission (TLC) inspectors during a traffic stop. The Appellate Division, Second Department, affirmed the judgment, finding sufficient evidence to support the convictions and rejecting arguments regarding ineffective assistance of counsel and the inspectors' authority. The court declined to reduce Janvier's one-year sentence despite potential immigration consequences, emphasizing the violent nature of the crime against peace officers. A dissenting opinion argued for a one-day sentence reduction to mitigate severe immigration repercussions, citing Janvier's lack of prior criminal history and the circumstances of the incident, including a passenger-initiated chokehold before the assault. The dissent also highlighted recent legislative amendments concerning misdemeanor sentences and immigration consequences, arguing for its application to the case.

Assault Second DegreeAssault Third DegreeResisting ArrestPeace Officer AssaultTLC InspectorTraffic Stop ViolenceSentence ReviewImmigration DeportationAggravated FelonyAppellate Affirmation
References
32
Case No. 2024 NY Slip Op 04824
Regular Panel Decision
Oct 03, 2024

People v. Zubidi

The case of People v Zubidi addresses an appeal of a conviction for criminal possession of a weapon and reckless endangerment. The defendant challenged the lawfulness of the police stop of his van, the probable cause for his arrest, the suggestiveness of a lineup identification, and the excessiveness of his sentences. The Appellate Division, First Department, affirmed the conviction, ruling that the police had reasonable suspicion to stop the defendant's van. This suspicion was based on the van's involvement in a prior road rage incident where a weapon was discharged, and a subsequent incident where the driver fled from a traffic agent. The court reasoned that a logical inference could be drawn that the vehicle's registered owner was likely its driver. When stopped, the defendant resisted, reached for a gun, and pointed it at an officer, providing probable cause for arrest. The court also found the lineup procedure not unduly suggestive. A dissenting opinion argued that reasonable suspicion was lacking due to the absence of prior visual identification of the driver matching the perpetrator's description and the attenuated nature of the owner-driver inference over time.

Criminal Possession of WeaponReckless EndangermentSuppression MotionReasonable SuspicionAutomobile StopProbable Cause for ArrestLineup IdentificationUnduly SuggestiveAppellate ReviewFourth Amendment
References
68
Case No. MISSING
Regular Panel Decision
Oct 25, 1989

Claim of Moses v. City of New York Department of Traffic

On December 17, 1981, a claimant sustained a compensable injury while employed by the City of New York Department of Traffic. The employer paid the claimant for lost time and later sought reimbursement under Workers' Compensation Law § 25 (4). The claimant, who was on an extended leave of absence and serving as a union president, requested direct payment for the lost time, arguing she was no longer an employee. Both the Workers' Compensation Law Judge and the Board denied direct payment. The Board's decision, which was subsequently affirmed on appeal, reasoned that the claimant could still utilize her credited leave time upon returning to work or be compensated for it upon resignation.

Workers' CompensationLeave of AbsenceReimbursementDirect PaymentEmployer-Employee RelationshipAccrued Leave TimeWage ReimbursementUnion PresidentCompensable InjuryAppellate Review
References
2
Case No. ADJ9800793
Regular
Oct 06, 2016

TRAVIS TIDWELL vs. PRO TRAFFIC SERVICES, COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

In Tidwell v. Pro Traffic Services, the applicant, Travis Tidwell, petitioned for reconsideration of a July 12, 2016 decision. The Workers' Compensation Appeals Board granted reconsideration to allow for further study of the factual and legal issues. This allows the Board to gain a complete understanding of the record for a just decision. All future filings related to the petition must now be submitted directly to the Commissioners' office in San Francisco, not district offices or e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardTravis TidwellPro Traffic ServicesCompanion Property and Casualty Insurance CompanyIntercare PasadenaSan Diego District OfficeStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
0
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