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

Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. CLAIM NO. 78
Regular Panel Decision

In Re DDI Corp.

This case concerns the application of excusable neglect to a late class proof of claim filed by Raymond Ferrari and other representatives on behalf of a putative class against DDi Corp., a debtor in a pre-arranged chapter 11 case. The claim was filed approximately six weeks after the bar date. The debtors moved to expunge the claim due to untimeliness and procedural defects, while the representatives cross-moved for leave to file late, arguing lack of actual notice. The court denied the cross-motion, finding that the class was an unknown creditor at the time the bar date notice was mailed, and therefore, excusable neglect was not established. Consequently, the debtors' motion to expunge Claim No. 78 was granted.

excusable neglectlate claimclass actionproof of claimbar datebankruptcysecurities fraudchapter 11actual noticeunknown creditor
References
10
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. 192-1049-352
Regular Panel Decision

Goodman v. Mr. Goodbuys of New York Corp. (In Re Mr. Goodbuys of New York Corp.)

Howard P. Goodman, a former Chief Financial Officer for Mr. Goodbuys of New York Corp., Inc., filed an adversary proceeding seeking severance pay and damages under the Worker Adjustment and Retraining Notification Act (WARN) and to recover under his Proof of Claim No. 833. The Debtors-Defendants moved to dismiss the complaint and expunge the claim. The court found that Goodman was terminated on September 27, 1991, which was more than 90 days prior to the mass layoffs at Mr. Goodbuys in January/February 1992. Therefore, Goodman did not qualify as an "affected employee" under WARN, and his pleadings failed to state a claim for relief. Consequently, the court granted the Debtors-Defendants' motion, dismissing Goodman's complaint with prejudice and expunging his Proof of Claim No. 833.

BankruptcyMotion to DismissWARN ActEmployment TerminationSeverance PayProof of ClaimAdversary ProceedingChapter 11Pro Se LitigantMass Layoff
References
29
Case No. 88, 89, 90, 91
Regular Panel Decision
Nov 24, 2025

In the Matter of the Claim of Kimberly McLaurin; In the Matter of the Claim of Sheldon Matthews; In the Matter of the Claim of Melissa Anderson; In the Matter of the Claim of Bolot Djanuzakov

Four claimants (three transit workers and one teacher) sought Workers' Compensation Law benefits in 2020, alleging psychological injuries like PTSD from workplace COVID-19 exposure. The Workers' Compensation Board denied the claims, stating the stress experienced was not "greater than that which other similarly situated workers experienced," thus not constituting a compensable "accident." The Appellate Division reversed, arguing the Board erred by not considering claimants' vulnerabilities and applying disparate burdens compared to physical COVID-19 claims. The Court of Appeals reversed the Appellate Division, reinstating the Board's decisions, clarifying that individual vulnerabilities are immaterial and affirming the "greater stress" standard for compensability.

Workers' Compensation LawPsychological Injury ClaimsCOVID-19 Workplace ExposurePost-Traumatic Stress DisorderCompensable Accident StandardEmotional Stress CriteriaSimilarly Situated WorkersAppellate Division ReversalCourt of Appeals DecisionLegislative Amendments
References
26
Case No. 534516
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Rosario Candela

Rosario Candela, a construction worker, filed a claim for workers' compensation benefits due to lung cancer caused by asbestos and silica exposure. The Workers' Compensation Law Judge established the claim, which was affirmed by the Workers' Compensation Board, though the Board adjusted the date of disablement and found American Zurich Insurance liable. The employer and carrier appealed this decision. The Supreme Court, Appellate Division, Third Judicial Department, reversed the Board's decision, finding that the Board improperly applied Workers' Compensation Law § 44 by focusing solely on the date of disablement rather than the timing of the disease's contraction and the last employer in the employment that caused the disease. The case was remitted to the Board for a new determination consistent with the correct legal standard.

Occupational DiseaseLung CancerAsbestos ExposureSilica ExposureWorkers' Compensation Board AppealAppellate Division ReviewDate of Disablement DisputeEmployer's LiabilityCarrier's LiabilityWorkers' Compensation Law Section 44
References
6
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. ADJ3765992 (SRO 0132531) ADJ2072207 (SRO 0140061)
Regular
Apr 29, 2009

Lorraine O'Keefe vs. Surgical Staff North, Inc., CAL COMP, In Liquidation, CIGA, Adjusted by BROADSPIRE, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, Adjusted by CLAIMS MANAGEMENT, INC. (ADJ3765992), QUEEN OF THE VALLEY HOSPITAL, Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICE (ADJ2072207)

This case involves applicant Lorraine O'Keefe's workers' compensation claims for left knee injury. The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant sustained an industrial injury on December 15, 1999, while employed by Community Hospital of the Monterey Peninsula (CHOMP). However, the Board granted reconsideration regarding attorney fees, rescinding the prior award against CHOMP. The issue of CHOMP's liability for applicant's attorney fees under Labor Code section 4064(c) will be returned for further proceedings due to insufficient notice.

Workers' Compensation Appeals BoardSurgical Staff NorthCal CompCIGACommunity Hospital of Monterey PeninsulaClaims Management Inc.Queen of the Valley HospitalSedgwick Claims Management ServiceFindings Award OrdersPetition for Reconsideration
References
0
Case No. 533181
Regular Panel Decision
Apr 14, 2022

In the Matter of the Claim of Albert Olszewski

Claimant Albert Olszewski filed two workers' compensation claims in 2017 and 2018. A Workers' Compensation Law Judge (WCLJ) disallowed both. Claimant filed a single application for review, but the Workers' Compensation Board denied review of the 2017 claim because a separate copy of the application was not submitted for that claim, citing Subject No. 046-1106. The Board, however, reversed the WCLJ's decision on the 2018 claim. Claimant appealed the denial of review for the 2017 claim. The Supreme Court, Appellate Division, Third Judicial Department, found that the Board abused its discretion by denying review based on a procedural requirement (separate forms for multiple claims) not explicitly stated in the form instructions or regulations, and where the referenced penalty in Subject No. 046-1106 involved cost assessment, not denial of review. The court modified the Board's decision, reversing the denial of review for the 2017 claim and remitting the matter to the Board for further proceedings.

Workers' CompensationAppellate ReviewBoard DiscretionProcedural ErrorForm RB-89Multiple ClaimsSubject No. 046-1106Workers' Compensation Law § 114-aAbuse of DiscretionRemittal
References
5
Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
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