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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

Spinella v. Town of Paris Zoning Board of Appeals

The respondents moved to dismiss the petition alleging petitioners failed to submit a proposed judgment within 60 days, deeming it abandoned. Petitioners' counsel, a qualified individual with a visual disability under the Americans With Disabilities Act, argued that his impairment constituted 'good cause' for the delay. He sought reasonable accommodation, citing past accommodations for the bar exam and law school, as well as an increased workload due to a lost secretary. The court found that the counsel's visual impairment indeed served as good cause for noncompliance with the established time limits. Consequently, the motion to dismiss was denied, and the proposed judgment was signed, recognizing the extension of time as a reasonable accommodation.

Americans with Disabilities ActADADisability AccommodationJudicial DiscretionProcedural RulesTime LimitsGood CauseVisual ImpairmentAttorney DisabilityCourt Procedure
References
11
Case No. 2024 NY Slip Op 04327 [230 AD3d 796]
Regular Panel Decision
Aug 28, 2024

Matter of Sivanesan v. YBF, LLC

Janu Sivanesan initiated a proceeding to confirm two arbitration awards against YBF, LLC, Visual Beauty, LLC, and TPR Holdings, LLC. Visual Beauty, LLC, and TPR Holdings, LLC subsequently cross-petitioned to vacate these awards. The Supreme Court confirmed the awards and denied the cross-petition, leading to this appeal. The Appellate Division affirmed the Supreme Court's judgment, determining that the Federal Arbitration Act governed the dispute due to its involvement in interstate commerce. The court further concluded that the appellants waived their objections to the arbitrator's jurisdiction by participating in the proceedings and failed to timely file their cross-petition to vacate the awards.

ArbitrationArbitration AwardConfirmation of AwardVacatur of AwardFederal Arbitration ActInterstate CommerceWaiver of ObjectionJurisdictionTimelinessAppellate Review
References
32
Case No. MISSING
Regular Panel Decision

Lampo v. Eastman Kodak Co.

The claimant appealed three decisions by the Workers' Compensation Board that denied additional disability benefits and rejected an application for reconsideration of a discrimination claim. The court found substantial evidence in Dr. David Smith's testimony, which indicated normal visual performance, supporting the Board's conclusion that the claimant had no loss of visual acuity. It was also noted that the claimant received 26 weeks of disability payments, and the employer's long-term disability plan, which exceeds state requirements, is governed solely by ERISA. The Board's decision to deny reconsideration of the discrimination claim was deemed neither an abuse of discretion nor arbitrary, as no new evidence was presented. Consequently, the court affirmed the Board's decisions.

Workers' Compensation BoardDisability BenefitsVisual AcuityERISADiscrimination ClaimReconsideration DenialSubstantial EvidenceCredibility IssueAppellate ReviewAffirmed Decision
References
3
Case No. MISSING
Regular Panel Decision
Jan 14, 2004

School of Visual Arts v. Kuprewicz

Plaintiffs School of Visual Arts (SVA) and Laurie Pearlberg sued former employee Diane Kuprewicz for alleged unlawful harassment. The harassment included posting false job listings online and sending a large volume of unsolicited pornographic emails to Pearlberg's work address and SVA's computer system. The plaintiffs brought six causes of action, including claims under the Lanham Act, for defamation, trade libel, violation of Civil Rights Law §§ 50 and 51, trespass to chattels, and intentional interference with prospective economic advantage. The court denied Kuprewicz's motion to dismiss the trespass to chattels claim, finding sufficient allegations of harm to SVA's computer systems. However, the court granted the motion to dismiss all other claims, ruling that the job postings were not defamatory, the Lanham Act claims lacked commercial use, and the Civil Rights Law and intentional interference claims did not meet their statutory elements.

HarassmentFalse Job PostingsTrespass to ChattelsDefamation ClaimsLanham Act ClaimsCivil Rights Law ViolationIntentional InterferenceCyber HarassmentMotion to DismissInternet Law
References
41
Case No. MISSING
Regular Panel Decision
Oct 05, 1999

Hussein v. Pacific Handy Cutter, Inc.

The Supreme Court, Bronx County, affirmed an order dismissing a manufacturer's third-party complaint against an employer in a products liability action. The decision hinged on the finding that the plaintiff worker's left eye injury, resulting in corrected visual acuity of 20/40, did not constitute "total blindness" and therefore failed to meet the "grave injury" threshold specified in Workers' Compensation Law § 11. The court noted the plaintiff remained employed and licensed to operate a motor vehicle, concluding that the injury was not sufficiently severe to allow the third-party action to proceed.

Products LiabilityGrave InjuryWorkers' Compensation LawVisual ImpairmentSummary Judgment
References
0
Case No. MISSING
Regular Panel Decision

Joyce v. Suffolk County

Edward Joyce filed a lawsuit against Suffolk County and its departments for disability-based employment discrimination under federal and state laws after being rejected for a police officer position due to visual acuity and blood pressure that did not meet civil service standards. The defendants sought summary judgment, arguing Joyce was not disabled as defined by the Rehabilitation Act or the ADA, and had not exhausted administrative remedies. The court granted summary judgment for the defendants, ruling that being deemed unsuitable for a specific job like a police officer does not constitute a substantial limitation of a major life activity. Consequently, Joyce could not establish a prima facie case of discrimination under the federal statutes. The court also declined to exercise supplemental jurisdiction over the remaining state law claims.

Disability discriminationEmployment lawAmericans with Disabilities ActRehabilitation ActSummary judgmentPolice officer qualificationsVisual impairmentHypertensionMajor life activityPerceived disability
References
31
Case No. MISSING
Regular Panel Decision

City of Salamanca v. City of Salamanca Police Unit

The case involves police officer David A. Turner, whose permanent appointment with the City of Salamanca was revoked by the Civil Service Commission due to failing visual acuity standards, despite an earlier passing medical exam. Officer Turner's grievance proceeded to arbitration, which resulted in a decision in his favor, ordering reinstatement and back pay. The City of Salamanca moved to vacate the arbitration award, arguing that it violated strong public policy concerning civil service appointments and unlawfully compelled an illegal act (paying an uncertified employee). The court agreed, holding that the Civil Service Commission has exclusive authority over qualifications for civil service positions and that the arbitrator exceeded his power by overriding this public policy. Consequently, the court granted the City's motion to vacate and denied the union's cross-motion to confirm the arbitration award.

Civil Service EmploymentArbitration Award ReviewPublic Policy ExceptionJudicial InterventionPolice Officer QualificationsVisual Acuity StandardsCollective BargainingCivil Service Commission AuthorityNew York Constitution Article V Section 6Civil Service Law
References
15
Case No. MISSING
Regular Panel Decision

Saxe v. Metropolitan Life Insurance

Claimant Saxe sued Metropolitan Life Insurance Co. for reimbursement of a special teacher's cost for his daughter, Elana, who suffers from cortical visual impairment. This lawsuit followed a prior favorable decision for Saxe, after which the insurer amended its contract to narrowly define "Provider," effectively excluding the specialized visual therapy services. Despite Saxe's request for an alternative "Provider" from Metropolitan Life, none could be supplied under the new contract definition to provide the medically necessary services. The court ruled in favor of the claimant, stating that the insurer could not indirectly exclude medically necessary coverage through an unfulfillable "Provider" definition, as policies are strictly construed against the drafter. Judgment was rendered to the claimant for $1,823 plus costs, disbursements, and interest, finding the defendant's exclusion attempt ineffective.

Insurance coverageMedical expensesContract disputeProvider qualificationsVisual impairmentSpecial education servicesHealth policyClaim reimbursementAmbiguous contract termsInsurer liability
References
5
Case No. MISSING
Regular Panel Decision

Evans v. Key Tronic Corp.

Plaintiff Maureen Evans sued White Pine Software, Visual T.I., Inc., Ontel Corporation, Key Tronic Corporation, Visual Technology Incorporated, and Lockheed Corporation, alleging personal injuries from using a defective computer keyboard during her employment. Defendants moved for summary judgment, arguing her claims were barred by the statute of limitations. Magistrate Judge Foschio recommended denying the motions, concluding that for repetitive stress injuries, the three-year statute of limitations commences upon the first onset of symptoms, not the first use of the product. Since Evans experienced symptoms in December 1992 and filed suit in May 1995, her complaint was timely. District Judge Arcara adopted the Report and Recommendation, thereby denying defendants' motions for summary judgment.

Repetitive Stress InjuryCarpal Tunnel SyndromeStatute of LimitationsSummary JudgmentProduct LiabilityAccrual of Cause of ActionNew York Civil Practice Law and RulesFederal JurisdictionToxic Tort DistinctionComputer Keyboard Injury
References
16
Case No. ADJ7240850
Regular
Jul 16, 2012

Germerial Warrick vs. Visual Concepts, Great American Insurance Co.

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not verified as required by law, despite multiple reminders. The majority opinion also noted that even if verified, the petition would likely have been denied due to the administrative law judge's credibility determination regarding the applicant's testimony and the lack of timely reporting. Commissioner Sweeney dissented, arguing that the unverified petition was not a jurisdictional defect and that medical evidence supported the applicant's claim of an industrial injury to his right shoulder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeIndustrial InjuryRight ShoulderVisual ConceptsGreat American Insurance CompanySelf-Procured Medical TreatmentPetition Verification
References
8
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