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

Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. 2023 NY Slip Op 04054
Regular Panel Decision
Jul 28, 2023

New York State Workers' Compensation Bd. v. Episcopal Church Home & Affiliates, Inc.

The New York State Workers' Compensation Board (plaintiff) assumed administration of the Long Term Care Risk Management Group, a self-insurance trust, and levied assessments against its former members (defendants) to cover an accumulated deficit. Defendants appealed an order granting plaintiff partial summary judgment, raising issues regarding the summons's jurisdictional sufficiency, the timeliness of plaintiff's subsequent assessments, and the applicability of a collection fee. The Appellate Division determined the summons was jurisdictionally sound and that the statutory 120-day period for levying assessments was directory, not mandatory, thus upholding the validity of later assessments. However, the Court modified the order by dismissing the plaintiff's claim for a collection fee, ruling that the fluctuating and unliquidated nature of the deficit did not meet the "liquidated sum" requirement of State Finance Law § 18. Consequently, the appeal was partially dismissed, the order and judgment modified to remove the collection fee, and affirmed in all other respects.

Group Self-Insurance TrustWorkers' Compensation AssessmentsStatutory InterpretationTimeliness of AssessmentsJurisdictional DefectSummary JudgmentState Finance LawCollection FeesLiquidated DebtAppellate Review
References
24
Case No. MISSING
Regular Panel Decision

New York State Workers' Compensation Board v. Consolidated Risk Services, Inc.

The New York State Workers’ Compensation Board, acting as a governmental agency and successor in interest to several insolvent workers' compensation self-insured trusts, commenced an action against a third-party administrator (Consolidated Risk Services, Inc.), its employees, related corporate entities, insurance brokers (including Hickey-Finn & Co., Inc.), former trustees of one of the trusts (RITNY), and an actuarial firm (Regnier Consulting Group, Inc.). The plaintiff alleged misconduct and malfeasance by the defendants led to trust insolvencies and sought to recover accumulated deficits. The case involves cross appeals challenging the Supreme Court’s partial dismissal of the complaint, specifically concerning the timeliness of claims for breach of fiduciary duty, fraud, fraudulent inducement, breach of contract, and common-law indemnification, applying the repudiation and discovery rules for statute of limitations. The Appellate Division modified the Supreme Court's order by dismissing specific claims against Hickey-Finn & Co., Inc., broadening the temporal scope of breach of fiduciary duty claims against other defendants, and reinstating common-law indemnification claims against several RITNY trustees, affirming the order as modified and remitting the case.

Workers' CompensationBreach of Fiduciary DutyFraudFraudulent InducementBreach of ContractCommon-Law IndemnificationStatute of LimitationsRepudiation RuleDiscovery RuleTrust Insolvency
References
27
Case No. 10288-09
Regular Panel Decision

New York State Workers' Compensation Board v. Compensation Risk Managers, LLC

This case involves coordinated actions initiated by the State of New York Workers’ Compensation Board (WCB) against various entities, including Compensation Risk Managers, LLC (CRM), UHY, LLP, and HITNY trustees, stemming from issues with group self-insured trusts (GSITs). The WCB moved to amend its complaints to allege claims for implied indemnification against the HITNY trustees and UHY. The court, presided over by Richard M. Platkin, J., reviewed these proposed amendments, particularly in light of prior Third Department precedent in Madden. The court granted the WCB's motion to amend the complaint in the CRM action against HITNY trustees. However, the motion to amend the complaint in the UHY action for implied indemnification was largely denied, as was the claim against UHY in the HITNY member action, finding the proposed claims against UHY to be lacking in merit due to the absence of a shared duty with the WCB.

Workers' Compensation BoardGroup Self-Insured TrustsImplied IndemnificationMotion to Amend ComplaintThird Department PrecedentFiduciary DutyAuditing ServicesFiscal SolvencySuccessor LiabilityAssignee Claims
References
14
Case No. MISSING
Regular Panel Decision

Roberts v. New York City Office of Collective Bargaining

This case concerns an appeal regarding the New York City Fire Department's "zero tolerance" policy, which mandates automatic termination for EMS employees who fail or refuse drug tests. Unions representing these employees argued that this policy should be subject to mandatory collective bargaining. The New York City Board of Collective Bargaining and a lower court ruled against the unions, asserting that the policy falls under management's disciplinary rights. The appellate court affirmed this decision, holding that disciplinary actions for EMS personnel are the sole province of the Fire Commissioner under the New York City Charter, and that deterring illegal drug use by EMS workers is critical to public safety and the FDNY's core mission.

Public SafetyEmergency Medical Services (EMS)Drug Testing PolicyZero ToleranceCollective BargainingMandatory BargainingNew York City Fire Department (FDNY)Fire CommissionerDisciplinary AuthorityNew York City Charter
References
12
Case No. MISSING
Regular Panel Decision

Martin v. SCI Management L.P.

The plaintiff, Rita Martin, filed an employment discrimination lawsuit against her former employers, SCI Management L.P. and SCI Funeral Services of New York, Inc., and her former supervisor, Peter D’Arienzo. The lawsuit alleged violations of Title VII, FMLA, FLSA, and New York and Westchester County Human Rights Laws. The defendants moved to compel arbitration based on an arbitration agreement in the plaintiff's employment contract. The court granted the defendants' motion, compelling arbitration and dismissing the complaint without prejudice, after rejecting the plaintiff's arguments regarding the unenforceability of the arbitration agreement due to concerns about costs, discovery limitations, and the availability of punitive damages.

Employment DiscriminationArbitration AgreementTitle VIIFMLAFLSANew York Human Rights LawWestchester County Human Rights LawFederal Arbitration ActMotion to Compel ArbitrationDismissal Without Prejudice
References
15
Case No. 98-CV-1117 (LEK/RWS)
Regular Panel Decision
Oct 09, 1998

Galusha v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

Plaintiffs, individuals with physical disabilities, sued the New York State Department of Environmental Conservation, Adirondack Park Agency, and the State of New York, alleging that their policies in managing the Adirondack Park unfairly limit their access to certain areas in violation of the Americans with Disabilities Act (ADA). They sought a preliminary injunction to allow them to use motorized vehicles on restricted trails. The Court found that the defendants' policy had a disparate impact on disabled persons and that allowing limited, necessary motorized access on roads already used by non-disabled personnel would not fundamentally alter the Park program. Therefore, the Court granted the plaintiffs' motion for a preliminary injunction, mandating access to specific roads for persons with certified mobility impairment disabilities.

Americans with Disabilities ActADAAdirondack ParkEnvironmental ConservationMotorized Vehicle AccessMobility ImpairmentPreliminary InjunctionDisparate ImpactPublic AccommodationsState Government Action
References
27
Case No. MISSING
Regular Panel Decision
Jul 26, 2000

AIU Insurance v. Unicover Managers, Inc.

This case involves plaintiff insurance companies, AIG, seeking a declaration that defendant ReliaStar Life Insurance Company was bound to reinsure AIG for certain workers' compensation risks based on reinsurance slips signed by Unicover Managers, Inc., ReliaStar's managing general underwriter. The Supreme Court, New York County, dismissed AIG's complaint against ReliaStar and Unicover, and ReliaStar's third-party complaint against E.W. Blanch Company. The appellate court affirmed the dismissal, finding that the parties' correspondence and conduct established that reinsurance would only be bound upon ReliaStar's own signature, negating any actual or apparent authority of Unicover or ratification by ReliaStar. Estoppel and misrepresentation claims against both defendants were also dismissed. The judgment was modified to explicitly dismiss all remaining cross claims and counterclaims, and the initial dismissal was otherwise affirmed.

Reinsurance AgreementSummary JudgmentContract InterpretationAgency AuthorityApparent AuthorityRatificationEstoppelMisrepresentationWorkers' Compensation RisksCross Claims
References
3
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