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

Case No. 2007 NY Slip Op 31662(U)
Regular Panel Decision
Jul 26, 2007

J Squared Software, LLC v. Bernette Knitware Corp.

The Supreme Court of New York County issued a judgment on July 26, 2007, affirming a prior order from June 18, 2007. This order had denied the plaintiff's motion for partial summary judgment on liability, granted the defendants' cross-motion for summary judgment dismissing the complaint in an action for conversion of a software program, and vacated a preliminary injunction. The appellate court unanimously affirmed this decision, holding that the plaintiff lacked a cause of action for conversion as the program was obtained under a valid contract and its return was never demanded. Consequently, the preliminary injunction was properly vacated upon the dismissal of the complaint.

conversionsoftware programsummary judgmentpreliminary injunctioncontract lawlicenseecause of actionappellate reviewjudgment affirmedcomplaint dismissal
References
2
Case No. 2023 NY Slip Op 00701
Regular Panel Decision
Feb 09, 2023

Matter of Iwuchukwu (Active Transp. Servs.--Commissioner of Labor)

The case involves an appeal by Active Transport Services (ATS) from decisions of the Unemployment Insurance Appeal Board. The Board ruled that Godwin Iwuchukwu, a delivery driver for ATS, was an employee and eligible for unemployment insurance benefits, and that ATS was liable for contributions. The Appellate Division, Third Department, affirmed these decisions, finding substantial evidence supported the Board's determination of an employment relationship, based on ATS's control over drivers, and that Iwuchukwu had not voluntarily left employment without good cause, as he cited a lack of work.

Unemployment InsuranceEmployment RelationshipIndependent ContractorDelivery DriverLogistics BrokerSubstantial EvidenceUnemployment Benefits EligibilityVoluntary Leaving EmploymentDisqualifying MisconductAppellate Review
References
16
Case No. 2018 NY Slip Op 00367 [157 AD3d 1143]
Regular Panel Decision
Jan 18, 2018

Matter of Wallen v. Software Communication Sys. Inc.

Claimant, Noel O. Wallen, a software engineer and sole shareholder of SCS Inc., suffered a stroke on March 8, 2012, while attending a meeting related to a discrimination complaint. Initially, his workers' compensation claim was established by a WCLJ. However, new evidence revealed the meeting was for a discrimination complaint he filed against a former employer (Teknavo Group Inc.), not related to his employment with SCS. The Workers' Compensation Board subsequently rescinded the initial WCLJ decision and, after further hearings, disallowed the claim, finding the injury did not arise out of and in the course of his employment with SCS. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that Wallen's stroke was a result of a personal quest against a former employer, not connected to his work for SCS.

Workers' Compensation BenefitsStroke InjuryCourse of EmploymentArising Out of EmploymentDiscrimination ComplaintPersonal QuestCausationSubstantial EvidenceWorkers' Compensation BoardAppellate Division
References
6
Case No. 2016-1618 K C
Regular Panel Decision
Mar 22, 2019

Active Care Med. Supply Corp. v. American Tr. Ins. Co.

This case concerns an appeal by Active Care Medical Supply Corp. against American Transit Ins. Co. regarding first-party no-fault benefits. The plaintiff, an assignee of Luciano Ernesto, sought summary judgment, while the defendant cross-moved to either dismiss the complaint or hold the action in abeyance. The defendant argued that Luciano Ernesto might be eligible for workers' compensation benefits, thus requiring a determination from the Workers' Compensation Board. The Civil Court granted the defendant's cross-motion to hold the action in abeyance. The Appellate Term affirmed this decision, reiterating that the Workers' Compensation Board has primary jurisdiction over the applicability of the Workers' Compensation Law and that courts should defer to the Board's determination.

No-Fault BenefitsWorkers' Compensation LawPrimary JurisdictionAbeyanceAppellate TermSummary JudgmentEligibility DisputeFirst-Party BenefitsInsurance CoverageAssignor-Assignee
References
9
Case No. MISSING
Regular Panel Decision
Jul 06, 1994

Active Glass Corp. v. Architectural & Ornamental Iron Workers Local Union 580

Active Glass Corp. sought to enjoin a labor arbitration demanded by Iron Union and Iron Funds, proposing instead a multiparty arbitration with Glaziers and Carpenters unions and their respective funds. Iron cross-moved to compel bilateral arbitration with Active, while Glaziers and Carpenters sought dismissal of Active's petition. The court confirmed the existence of an arbitration agreement between Active and Iron for the underlying dispute. Citing recent Second Circuit precedent, the court ruled it lacked authority to compel multiparty arbitration absent the parties' explicit consent. Consequently, Active's motion for preliminary injunction and multiparty arbitration was denied, and Iron's motion to compel bilateral arbitration was granted.

ArbitrationCollective Bargaining AgreementLabor DisputePreliminary InjunctionSummary JudgmentMultiparty ArbitrationBilateral ArbitrationFederal Arbitration ActJurisdictional DisputeContract Interpretation
References
23
Case No. MISSING
Regular Panel Decision

Matter of General Elec. Co. (Elec., Etc., Workers)

A union sought to arbitrate a claim that a company violated an anti-discrimination provision of their collective bargaining agreement by not providing pension credits for time spent on union activities beyond the hours for which the company had agreed to pay. The collective bargaining agreement allowed for arbitration of disputes over its provisions but was silent on pensions. The court ruled that no bona fide dispute existed, as the anti-discrimination clause could not be used to force a change in a separate agreement about paid union time. The court reasoned that providing pension credits for unpaid union activity would discriminate in favor of union representatives, an obligation the company did not have. Therefore, there was no valid ground for arbitration, and the order of the Appellate Division was affirmed.

Collective Bargaining AgreementArbitrationPension CreditsAnti-Discrimination ClauseUnion ActivityEmployee BenefitsLabor DisputeAppellate ReviewJudicial Review of ArbitrationNew York State Law
References
2
Case No. No. 09 Civ. 10155
Regular Panel Decision

Software Freedom Conservancy, Inc. v. Westinghouse Digital Electronics, LLC

Plaintiffs, Software Freedom Conservancy, Inc. and Erik Andersen, initiated a copyright infringement action in 2009 against several electronics distributors, including Westinghouse Digital Electronics, LLC (WDE), for their use of the BusyBox software. In 2010, the court issued a default judgment and a permanent injunction against WDE. The current motion by plaintiffs seeks to hold Westinghouse Digital LLC (WD), a non-party, in contempt of this earlier injunction. The court determined that WD is a successor in interest to WDE under Federal Rule of Civil Procedure 65(d) due to substantial continuity of identity, and is therefore bound by the injunction. WD's defenses, including a prior FCC order and fair use, were rejected by the court. Consequently, the court granted the plaintiffs' motion to hold WD in contempt, deferring the decision on specific damages and attorneys' fees pending further submissions from the parties.

Copyright InfringementContempt of CourtInjunctionSuccessor LiabilityRule 65(d)Fair Use DoctrineBusyBox SoftwareOpen SourceDefault JudgmentFCC Order
References
26
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. 2016-189 K C
Regular Panel Decision
Nov 09, 2018

Active Care Med. Supply Corp. v. Hartford Ins. Co.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment. The court found that defendant had established that there was no coverage for no-fault benefits since defendant had demonstrated that the Workers' Compensation Board had awarded workers' compensation benefits to plaintiff's assignor for injuries she had sustained in the accident which gave rise to the claims at issue. Contrary to plaintiff's contention, a lack of coverage defense may be raised without regard to any issue as to the propriety or timeliness of an insurer's denial of claim form. The papers submitted by defendant in support of its motion, and by plaintiff in support of its cross motion, established that plaintiff had submitted claims for workers' compensation benefits and that the Workers' Compensation Board had awarded plaintiff's assignor workers' compensation benefits for injuries she had sustained in the accident at issue. As plaintiff failed to demonstrate the existence of a triable issue of fact, the order is affirmed.

No-fault benefitsSummary JudgmentWorkers' Compensation BoardLack of coverage defenseAssignee claimsAppellate ReviewFirst-party benefitsInsurance claimsTriable issue of factCivil Court
References
2
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