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

Case No. 2022 NY Slip Op 07125 [211 AD3d 1305]
Regular Panel Decision
Dec 15, 2022

Matter of Christie v. Universal Music Group

Claimant Jeffrey Christie, a tour manager for Universal Music Group, suffered injuries from an assault and filed a workers' compensation claim. The employer contested the claim, arguing Christie was an independent contractor. A Workers' Compensation Law Judge (WCLJ) found Christie to be an employee. The employer appealed to the Workers' Compensation Board, which denied their application for review, citing non-compliance with 12 NYCRR 300.13 (b) for failing to specify an objection. The Appellate Division, Third Department, affirmed the Board's decision, upholding its discretion to deny review for procedural deficiencies, noting that Workers' Compensation Law § 23-a, enacted later, would not apply retroactively to this case.

Workers' Compensation LawAppellate ReviewProcedural DefectBoard RulesApplication for ReviewEmployee StatusIndependent ContractorClaim DenialJudiciary LawNew York Regulations
References
19
Case No. 2024 NY Slip Op 02032 [228 AD3d 20]
Regular Panel Decision
Apr 17, 2024

Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc.

The Appellate Division, Second Department, affirmed an order denying dismissal of a lawsuit filed by Air-Sea Packing Group, Inc. against Applied Underwriters, Inc. and its affiliates. The plaintiff alleged that the defendants marketed and sold an unlawful workers' compensation insurance program, EquityComp, in violation of New York Insurance Law. The defendants attempted to enforce a forum selection clause mandating litigation in Nebraska, but the court found this clause unenforceable. This decision was based on public policy, as the program violated New York law, and because Nebraska courts had previously deemed New York the more appropriate forum for such disputes. The ruling allows the plaintiff to pursue claims for declaratory relief, equitable rescission, common-law fraud, and violation of General Business Law § 349 in New York.

Workers' Compensation InsuranceForum Selection ClausePublic PolicyInsurance Law ViolationsEquitable RescissionCommon-Law FraudDeceptive PracticesGeneral Business Law § 349Unlawful Reinsurance AgreementRegulatory Oversight
References
52
Case No. 2020 NY Slip Op 00685 [179 AD3d 626]
Regular Panel Decision
Jan 30, 2020

Pewritt v. Compass Group, USA, Inc.

Plaintiff Bryant Pewritt was injured after a slip and fall on a recently mopped floor while working as a temporary employee in Columbia University's kitchen. He initiated a personal injury lawsuit against Compass Group, USA, Inc. and Columbia University. Columbia University moved for summary judgment to dismiss the complaint, arguing that Pewritt was their special employee, which would bar the personal injury action under Workers' Compensation Law. Plaintiff cross-moved for partial summary judgment on liability. The Supreme Court denied both motions. The Appellate Division, First Department, affirmed the Supreme Court's order, concluding that there was a triable issue of fact regarding plaintiff's special employee status with Columbia University, making summary judgment inappropriate for either party.

Personal InjurySlip and FallSummary JudgmentSpecial EmployeeVicarious LiabilityWorkers' CompensationAppellate PracticePremises LiabilityTemporary EmployeeEmployer Liability
References
5
Case No. MISSING
Regular Panel Decision

Palmer v. State University of New York Upstate Medical University

The claimant, an orthopedic hand surgeon, developed cervical radiculopathy and degenerative disc disease due to the physical strain of performing hand surgery and filed for workers' compensation benefits. His claim was controverted by the State University of New York Upstate Medical University and its carrier, as well as the Research Foundation of New York and its carrier. The Workers' Compensation Board determined that the claimant was a dual employee of both the University and the Foundation and that his condition constituted a causally related occupational disease. The University and its carrier appealed this decision. The appellate court affirmed the Board's findings, concluding there was substantial evidence to support both the dual employment status and the existence of a recognizable link between the claimant's condition and the distinctive features of his occupation.

Occupational DiseaseCervical RadiculopathyDegenerative Disc DiseaseDual EmploymentWorkers' Compensation BenefitsHand Surgery StrainMedical OpinionAppellate ReviewCausationEmployer Liability
References
8
Case No. MISSING
Regular Panel Decision
May 12, 1995

Wausau Underwriters Insurance v. Continental Casualty Co.

This case addresses a dispute between Wausau Underwriters Insurance Company (Wausau) and Continental Casualty Company (Continental), along with The Hartford Insurance Group. Wausau, as the employer's liability carrier for H. Sand & Company, successfully argued that a third-party action by Slattery-Argrett, subrogor of Continental, against H. Sand & Company, constituted an impermissible subrogation claim by an insurer against its own insured. The underlying matter involved a personal injury sustained by an employee of H. Sand & Company. Continental had initially disclaimed coverage for Sand in the third-party action. The Supreme Court granted Wausau's motion for summary judgment, declaring the subrogation action a violation of public policy and awarding Wausau damages. The appellate court affirmed this judgment, distinguishing the present case from prior rulings like *North Star Reins. Corp. v Continental Ins. Co.*, and emphasizing the distinction between claims for indemnification and contribution within insurance policy exclusions.

Subrogation ClaimInsurance Coverage DisputeIndemnification vs. ContributionPublic Policy in InsuranceSummary JudgmentEmployer LiabilityGeneral Liability InsuranceExcess Liability InsuranceConstruction AccidentWorkers' Compensation Carrier
References
9
Case No. MISSING
Regular Panel Decision
May 03, 2004

Ulloa v. Universal Music and Video Distribution Corp.

Plaintiff Demme Ulloa initiated legal action against Universal Music and Video Distribution Corp., Island Def Jam Music Group, Roc-A-Fella Records, LLC, and Shawn Carter, alleging copyright infringement, false designation of origin under the Lanham Act, unjust enrichment, joint authorship, and an accounting of sales. Ulloa claimed to have spontaneously created a vocal counter-melody for Shawn Carter's song "Izzo (H.O.V.A.)" which was later used without proper credit or compensation. The Court granted the defendants' motion for summary judgment on the claims of joint authorship and Lanham Act violations, dismissing them. However, it denied both parties' motions for summary judgment regarding copyright infringement, citing unresolved factual disputes concerning originality, work-for-hire status, and implied license. Additionally, the defendants' motions to dismiss the unjust enrichment claim and to bifurcate the trial were denied.

Copyright InfringementLanham ActUnjust EnrichmentJoint AuthorshipSummary JudgmentWork for HireImplied LicenseMusical CompositionSound RecordingOriginality
References
31
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. 06 Civ. 0822(RJH)
Regular Panel Decision

Vanamringe v. Royal Group Technologies Ltd.

This Memorandum Opinion and Order addresses two consolidated securities fraud actions against Royal Group Technologies Limited and its officers and directors. The plaintiffs, known as the 'Snow Group', allege a fraudulent scheme involving false and misleading statements to inflate Royal Group's stock price, violating Sections 10(b) and 20(a) of the Exchange Act. The Court consolidated the two actions, Vanamringe v. Royal Group Technologies Limited and Messinger v. Royal Group Technologies Limited, under the caption In re Royal Group Technologies Securities Litigation. The Snow Group's motion for appointment as lead plaintiff was granted, as they demonstrated the largest financial interest and satisfied Rule 23 requirements for typicality and adequacy. The Court also approved the Snow Group's selection of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel for the class.

Securities FraudClass ActionLead PlaintiffConsolidationPSLRAFederal Rules of Civil Procedure Rule 23Corporate FraudStock ManipulationInvestor ProtectionExchange Act
References
8
Case No. ADJ1194116 (LAO 0797672)
Regular
Jul 14, 2010

DONNA ORTIZ vs. CROWN TOYOTA, ZURICH NORTH AMERICA, UNIVERSAL UNDERWRITERS GROUP

This case involves a $750 sanction jointly imposed against Daniel Escamilla and Legal Service Bureau for filing a petition for reconsideration without proper diligence. The Appeals Board found that Mr. Escamilla failed to review crucial case documents, including typed minutes of hearing, leading to inaccurate assertions. This lack of diligence wasted judicial resources, although the sanction was reduced due to the possibility the petition was filed without actual knowledge of the falsehoods. The Board cited Mr. Escamilla's history of sanctions in determining the final amount.

Workers' Compensation Appeals BoardSanctionDaniel EscamillaLegal Service BureauPetition for ReconsiderationIgnorance of True FactsMinutes of HearingSummary of EvidenceDiligenceJudicial Resources
References
0
Case No. MISSING
Regular Panel Decision
Jan 25, 2007

Bellamy v. Columbia University

The case concerns a plaintiff, an employee of Troy Associates, a temporary employment agency, who sustained injuries after slipping on a wet substance while working at Columbia University's kitchen. Columbia University moved for summary judgment, asserting that the plaintiff was its 'special employee,' thus barring his negligence claim under Workers’ Compensation Law. The Supreme Court denied this motion, and the appellate court affirmed the denial. The appellate court found a triable issue of fact regarding whether Columbia University had assumed complete and exclusive control over the plaintiff's work to establish a special employment relationship. It emphasized that a mere cession of control by the general employer is insufficient without an affirmative demonstration of the special employer's comprehensive assumption of control. The court concluded that the lack of conclusive evidence that Columbia supervised the plaintiff as it would its own employees made summary adjudication inappropriate.

Special EmploymentWorkers' Compensation LawSummary JudgmentControl TestTemporary StaffingGeneral Employer LiabilityAssumed ControlTriable Issue of FactAppellate Court DecisionPremises Liability
References
15
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