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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

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. ADJ10062283
Regular
Jan 08, 2016

MARIA CARVALHO vs. IN-HOME SUPPORTIVE SERVICES, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied York Risk Services Group's petition for reconsideration of a $\$ 200.00$ sanction. The sanction was imposed for York's failure to appear at a hearing for which it was properly served by mail. York failed to provide good cause for its non-appearance, and its assertion of resolving issues telephonically did not excuse the failure to appear. The Board upheld the WCJ's finding that the notice was properly served and no reasonable excuse was offered.

Workers' Compensation Appeals BoardSan Jose District OfficePetition for ReconsiderationOrder Imposing SanctionsFailure to AppearGood CauseNotice of HearingService by MailElectronic Adjudication Management SystemPresumption of Receipt
References
0
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
0
Case No. CA 10-02269
Regular Panel Decision
Apr 29, 2011

ELLICOTT GROUP, LLC v. STATE OF NEW YORK EXECUTIVE DEPT.

This case addresses an appeal concerning the authority of the State of New York Executive Department Office of General Services (OGS) to mandate a prevailing wage clause in a lease agreement with Ellicott Group, LLC, for privately owned property. OGS had adopted a policy requiring prevailing wages for certain work, even if it did not meet the technical definition of 'public work' under the Labor Law. The Supreme Court, Erie County, had granted summary judgment to Ellicott Group, LLC, concluding that OGS lacked statutory authority and violated the separation of powers doctrine. The Appellate Division affirmed this judgment, holding that OGS, as an administrative body, usurped the legislative function by enacting a policy defining when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawLabor Law Article 8Labor Law Article 9Public WorkLease AgreementExecutive AuthorityLegislative FunctionSeparation of PowersAdministrative LawDeclaratory Judgment
References
14
Case No. MISSING
Regular Panel Decision

Verizon New York Inc. v. New York State Public Service Commission

Verizon New York Inc. commenced a special proceeding against the New York State Public Service Commission and other respondents. Verizon sought to overturn a determination allowing public disclosure of certain documents, which Verizon claimed were trade secrets or confidential commercial information, under the Freedom of Information Law (FOIL). The documents in question related to Verizon's network costs and its methods and procedures for its wireless service, Verizon Voice Link (WL). The court reviewed the Secretary's and RAO's determinations, which found some information to be trade secrets but still required a showing of 'substantial injury' for exemption. The court ruled that once information is deemed a trade secret under Public Officers Law § 87 (2) (d), no further showing of substantial competitive injury is required for exemption. Consequently, the court granted in part the petition, exempting specific cost information and several M&P documents from disclosure, while denying exemption for three M&P documents.

FOIL ExemptionTrade Secret ProtectionConfidential Commercial InformationPublic Officers Law § 87 (2) (d)Substantial Competitive InjuryStatutory InterpretationAdministrative Determination ReviewCPLR Article 78Wireless ServicesCost Information Disclosure
References
47
Case No. 02-CV-6666L
Regular Panel Decision
Oct 29, 2008

Brown v. NEW YORK STATE DEPT. OF CORREC. SERVICES

Plaintiff, Curtis Brown, a Correction Officer, sued his employer, the New York State Department of Correctional Services (DOCS), and several individuals for racial discrimination and retaliation under Title VII, Sections 1981, 1983, and the New York Human Rights Law. Brown alleged a hostile work environment due to continuous harassment, verbal abuse, and physical violence by white coworkers at Elmira Correctional Facility since 2001, along with retaliatory discipline. Defendants sought summary judgment. The court dismissed claims against individual defendants under Title VII, all claims against Elmira, the State Comptroller, Civil Service, and all constructive discharge claims due to Eleventh Amendment immunity or other legal deficiencies. However, the court denied summary judgment on Brown's Title VII hostile work environment and retaliation claims against DOCS, finding sufficient evidence of fact disputes for these claims to proceed to trial.

Racial DiscriminationHostile Work EnvironmentRetaliationEmployment LawTitle VIICivil Rights ActSection 1981Section 1983Human Rights LawSummary Judgment Motion
References
83
Case No. MISSING
Regular Panel Decision

New York City Department of Environmental Protection v. New York City Civil Service Commission

The New York City Department of Environmental Protection (DEP) filed an Article 78 petition seeking to annul a determination by the New York City Civil Service Commission. The Commission had reversed an Administrative Law Judge's decision which sustained misconduct charges against respondent John Daly for striking a co-worker and threatening him. DEP argued the Commission improperly reassessed witness credibility, violating its mandate under Civil Service Law § 76 (2). The court confirmed the Commission's determination, finding that despite an improper transfer under CPLR 7804 (g), the Commission's decision was not arbitrary given the contradictory testimony, thus dismissing the petition.

Administrative LawArticle 78Judicial ReviewCivil Service LawPublic Employee MisconductCredibility AssessmentAgency DeterminationAppellate CourtArbitrary and Capricious StandardDue Process
References
4
Case No. MISSING
Regular Panel Decision

Fickling v. New York State Department of Civil Service

This case involves a lawsuit brought by eight plaintiffs, primarily African-American and Hispanic former employees, against the New York State Department of Civil Service and Westchester County Department of Social Services. Plaintiffs alleged that their termination as Welfare Eligibility Examiners, due to failing competitive examinations, was unlawful under Title VII of the Civil Rights Act and the New York State Executive Law § 296. They claimed the examination had a racially disparate impact and lacked content validity, failing to serve the defendants' employment goal of fair competition. The court found that the examinations indeed had a disparate impact on African-Americans and Hispanics and that the defendants failed to provide credible evidence that the tests served a legitimate business goal. Therefore, the court ruled in favor of the plaintiffs.

Employment DiscriminationTitle VII Civil Rights ActDisparate ImpactCivil Service ExaminationsContent ValidityJob AnalysisRacial DiscriminationHispanic DiscriminationWelfare Eligibility ExaminersNew York State Law
References
8
Case No. MISSING
Regular Panel Decision

Rumsey v. New York State Department of Correctional Services

Plaintiffs, employees of the New York State Department of Correctional Services and military reservists, challenged Departmental Directive # 2212, which allowed the rescheduling of their regular days off to coincide with military drills. They claimed this violated their rights under federal and state military laws and the Equal Protection Clause, arguing it discriminated against them by not requiring similar rescheduling for other types of leave. The defendants asserted the directive was necessary to address staffing shortages and prevent abuse of military leave, noting that pass days were routinely rescheduled for various other reasons. The court denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motion, ruling that the directive did not constitute discrimination, as it did not require 'special accommodations' for reservists beyond what was afforded to other employees, consistent with the precedent set in Monroe v. Standard Oil Co.

Military LeaveEmployment RightsWork ScheduleDiscrimination ClaimSummary Judgment MotionCollective BargainingSeniority RightsDepartmental DirectiveFederal LawState Law
References
10
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
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