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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

Claim of Cruz v. New Millennium Construction & Restoration Corp.

This case addresses whether an insurance carrier, Realm National Insurance Company, can retroactively cancel a workers' compensation policy under Insurance Law § 3105 (b) due to an employer's alleged misrepresentation. The employer, New Millennium Construction & Restoration Corporation, had a policy with Realm, and several of its employees or their spouses were injured or died in a scaffold collapse. Realm sought to void the policy ab initio, but the Workers' Compensation Board determined this was incompatible with Workers' Compensation Law § 54 (5). The Court affirms the Board's decision, holding that the doctrine of void ab initio under Insurance Law § 3105 (b) cannot be applied to workers' compensation policies, as Workers' Compensation Law § 54 (5) mandates prospective cancellation, and public policy dictates strict compliance with cancellation procedures to protect injured employees.

Workers' CompensationInsurance Policy RescissionVoid Ab InitioMaterial MisrepresentationInsurance Law § 3105(b)Workers' Compensation Law § 54(5)Prospective CancellationRetroactive CancellationPublic PolicyCollateral Estoppel
References
31
Case No. CA 12-00679
Regular Panel Decision
Nov 09, 2012

NIAGARA FRONTIER TRANSIT METRO, SYSTEM, INC. v. AMALGAMATED TRANSIT LOCAL UNION, 1342

Petitioner Niagara Frontier Transit Metro System, Inc. (Employer) appealed a Supreme Court decision denying its petition to stay arbitration. The Employer sought to annul an employee's employment due to non-disclosure of prior injuries in her application, claiming the employment was void ab initio and not subject to arbitration under their collective bargaining agreement. The employee, represented by Amalgamated Transit Local Union 1342 and Vincent G. Crehan (Respondents), had a workers' compensation claim that revealed undisclosed pre-existing cervical and lumbar spine injuries from a 2000 accident. The Appellate Division, Fourth Judicial Department, affirmed the Supreme Court's decision, holding that the Employer did not have a common-law right to void employment ab initio. The court reasoned that disqualification for pre-existing injuries is discretionary and requires a 'meaningful opportunity to invoke the discretion of the decision maker' as a precondition to termination.

Workers' CompensationEmployment LawCollective Bargaining AgreementArbitrationMisrepresentationEmployment ApplicationVoid Ab InitioDisabilityAppellate ReviewNew York Law
References
6
Case No. MISSING
Regular Panel Decision

Reliance Insurance v. Certain Member Companies

Plaintiffs Reliance Insurance Company and New York Marine & General Insurance Company commenced this action seeking a declaratory judgment to void a reinsurance binder ab initio. Defendants, Certain Member Companies of the Institute of London Underwriters, issued this binder covering plywood cargo. A cargo fire on the vessel SAMICK NORDIC destroyed the plywood, leading to a dispute over a $2,043,740.24 reinsurance coverage. Plaintiffs argued they were misled by brokers into believing the reassured was retaining a portion of the risk, a customary practice, whereas the London Underwriters had ceded 100% of the FPA risk. The court found that plaintiffs reasonably believed in retention and were indeed misled by the brokers' actions and omissions, constituting a violation of the duty of uberrimae fidei, or utmost good faith. Consequently, the court entered judgment in favor of the plaintiffs, declaring the reinsurance binder void ab initio and dismissing the defendants' counterclaim.

Reinsurance disputeMarine insuranceDeclaratory judgmentUberrimae fideiBroker misleadingDuty to discloseFPA riskCargo insuranceContract void ab initioGood faith in insurance
References
10
Case No. MISSING
Regular Panel Decision

Honrado v. H.R. Electric Co.

This case addresses whether a negligence and Labor Law action is barred by the three-year statute of limitations or saved by the tolling provisions of CPLR 205, measured from the termination of workers' compensation proceedings. Plaintiff Fernando P. Honrado was injured in 1995 while working for defendants Hector Robinson and H. R. Electric Co., Inc. He filed a workers' compensation claim and a separate negligence action in 1997, which was dismissed in 1999 for failure to prosecute. After the workers' compensation claim was denied in November 2000, plaintiff initiated the current action in January 2001, arguing its timeliness under CPLR 205 on the premise that the prior action was void *ab initio* due to the available workers' compensation defense. The court rejected this argument, finding that the 1997 action was not void *ab initio* as the defense was not raised. Since the 1997 dismissal was for neglect to prosecute, CPLR 205's six-month extension was inapplicable. Consequently, the court found the current action to be time-barred and granted the motion to dismiss.

Statute of LimitationsCPLR 205CPLR 214Workers' CompensationNegligenceLabor LawFailure to ProsecuteDismissalAffirmative DefenseEmployer-Employee Relationship
References
7
Case No. 2022 NY Slip Op 03777 [206 AD3d 1175]
Regular Panel Decision
Jun 09, 2022

Matter of Anthony v. AB HILL Enters., LLC

Sandra Anthony filed a workers' compensation claim after injuring her wrist at a construction site, naming AB Hill Enterprises, LLC as her employer. A Workers' Compensation Law Judge (WCLJ) found an employer-employee relationship, ruled AB Hill liable, and, due to AB Hill's lack of coverage, held Dani's Builders responsible as the general contractor. A penalty was also imposed on AB Hill for failing to secure insurance. The Workers' Compensation Board affirmed the WCLJ's decision, prompting AB Hill's appeal. The Appellate Division affirmed the Board's decision, finding substantial evidence that AB Hill was a subcontractor and employer under the Construction Industry Fair Play Act, and thus properly assessed a penalty for lack of workers' compensation coverage.

Workers' CompensationEmployer-Employee RelationshipConstruction Industry Fair Play ActSubcontractor LiabilityInsurance CoverageStatutory PresumptionIndependent ContractorAppellate ReviewPenalty AssessmentDrywall Injury
References
4
Case No. ADJ3714425 (FRE 0234250) ADJ896033 (FRE 0171714)
Regular
Aug 22, 2014

MICHAEL WRIGHT vs. STAR MEDIA, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, rescinding a WCJ's order that enforced a reimbursement order against Travelers Indemnity Company. The Board found the reimbursement order void *ab initio* due to procedural due process infirmities. Specifically, the "self-destruct" clause in the order did not comport with due process protections outlined in precedent cases like *Mitchell v. Golden Eagle Ins.*, failing to guarantee a review of objections or automatically void the order upon valid objection. Therefore, Travelers' due process rights were violated, necessitating the rescission of the WCJ's findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder for ReimbursementCalifornia Insurance Guarantee Association (CIGA)Cumulative Trauma InjuryAgreed Medical Examiner (AME)ApportionmentDue ProcessSelf-Destruct ClauseVoid Ab Initio
References
2
Case No. 2018 NY Slip Op 01023 [158 AD3d 487]
Regular Panel Decision
Feb 13, 2018

Licata v. AB Green Gansevoort, LLC

This case involves plaintiff Michael Licata, a carpenter, who sustained injuries when his foot became caught in an unmarked and uncovered hole amidst debris on a construction site. The Appellate Division, First Department, modified an earlier Supreme Court order. The court denied summary judgment to the owner defendants (AB Green Gansevoort, LLC, Hotelsab, LLC, and Pavarini McGovern LLC) regarding Licata's Labor Law § 241(6) claim, finding a triable issue of fact as to whether strewn debris obscured the hazardous hole. Furthermore, Pavarini McGovern LLC's motion for summary judgment on common-law negligence and Labor Law § 200 claims was also denied, as questions remained regarding their notice of the hazardous condition and site cleaning responsibilities. While common-law indemnification claims against contractors were dismissed due to lack of negligence, the court reinstated contractual indemnification claims against J.E.S. Plumbing & Heating Corp. and Orion Mechanical Systems, Inc., citing a broad indemnity clause not contingent on their negligence.

Labor LawConstruction Site SafetySummary JudgmentCommon-Law NegligenceContractual IndemnificationIndustrial CodeHazardous ConditionPremises LiabilityDuty to Provide Safe WorkplaceAppellate Review
References
16
Case No. 529802
Regular Panel Decision
Jun 09, 2022

In the Matter of the Claim of Sandra Anthony

Claimant Sandra Anthony injured her right wrist while taping drywall at a construction site and subsequently filed a claim for workers' compensation benefits, naming AB Hill Enterprises, LLC as her employer. A Workers' Compensation Law Judge (WCLJ) established the claim, determining an employer-employee relationship existed and holding Dani's Builders, the general contractor, responsible for awards due to AB Hill's lack of coverage, also imposing a $5,000 penalty on AB Hill. The Workers' Compensation Board affirmed this decision. AB Hill appealed, arguing it was not a "contractor" under the Construction Industry Fair Play Act and thus not obligated to maintain workers' compensation insurance. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported AB Hill's classification as a contractor and employer under the Act, and upheld the penalty.

construction industryworkers' compensation lawemployer-employee relationshipindependent contractor classificationstatutory presumptionConstruction Industry Fair Play Actsubcontractor liabilitypenalty assessmentinsurance requirementsAppellate Division decision
References
8
Case No. ADJ6939769
Regular
Sep 28, 2010

RONY BONILLA vs. AMERICAN TRANSPORTATION SYSTEM, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found the original decision void *ab initio* due to the Administrative Law Judge's failure to serve the Minutes of Hearing and Summary of Evidence and issue a Notice of Intent to Submit. This procedural defect deprived the defendant of due process and the opportunity to object. The matter is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and AwardMinutes of HearingSummary of EvidenceLabor Code section 5313Board Rule 10562(a)(2)Notice of Intent to SubmitDue ProcessExpedited Hearing
References
0
Case No. ADJ292109 (LAO 0863163)
Regular
Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order. The dismissal was based on a defendant's petition containing material misrepresentations and improper service on the unrepresented applicant. Crucially, the defendant failed to properly serve notice of dismissal proceedings, and the applicant was actively pursuing her claim as evidenced by her communications with adjusters and medical providers. Therefore, the dismissal order is void *ab initio* due to lack of due process and material misrepresentations.

Amended Petition to Set Aside DismissalPetition to Dismiss Based On Lack of Prosecutionvoid ab initiomaterial misrepresentationPetition for Reconsiderationrescind the Orderindustrial injuryunrepresentedin propria personamisrepresentation of facts
References
2
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