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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Clear Water Psychological Services PC v. American Transit Insurance Co.

Plaintiff Clear Water Psychological Services PC sought no-fault benefits from defendant American Transit Insurance Company. The plaintiff moved for summary judgment, while the defendant cross-moved for a 90-day stay, arguing that the assignor, Oshane Crooks, was acting as an employee at the time of the November 10, 2014 automobile accident, falling under Workers’ Compensation Board jurisdiction. A key issue was the admissibility of an uncertified police accident report (MV-104AN) which suggested the assignor was driving a taxi. The court ruled the uncertified report inadmissible under CPLR 4518 (c) for authentication reasons, despite the officer's personal observations. However, acknowledging the unresolved factual question of the assignor’s employment status and the Workers’ Compensation Board's primary jurisdiction, the court granted the defendant’s motion, staying the action for 90 days for a Workers’ Compensation Law applicability determination.

No-fault benefitsSummary judgmentStay of actionWorkers' CompensationPolice accident reportAdmissibility of evidenceCPLR 4518Vehicle and Traffic LawPrimary jurisdictionEmployment status
References
12
Case No. MISSING
Regular Panel Decision
Aug 14, 2013

Chiari v. New York Racing Ass'n

Plaintiff Luis Alberto Chiari filed an action against the New York Racing Association (NYRA) and Local Union 3, I.B.E.W., alleging violations of COBRA, ADA, and LMRA stemming from his employment termination. Magistrate Judge A. Kathleen Tomlinson issued a Report and Recommendation, advising that the defendants' motions for summary judgment be granted and all of the plaintiff's claims be dismissed. District Judge Feuerstein reviewed the plaintiff's objections to this report. Finding the objections to be either reiterations of prior arguments or insufficiently specific, and discerning no clear error in the Magistrate Judge's findings, the Court adopted the Report and Recommendation in its entirety, thereby granting summary judgment to the defendants and dismissing all of Chiari's claims with prejudice.

Employment LawDiscriminationSummary JudgmentCOBRA ViolationsADA ClaimsLMRA ClaimsBreach of Collective Bargaining AgreementDuty of Fair RepresentationPro Se PlaintiffTermination
References
81
Case No. MISSING
Regular Panel Decision
Feb 21, 2006

Rivera v. Barnhart

Plaintiff Russell Rivera, Jr. challenged the Commissioner of Social Security's decision denying him Supplemental Security Income (SSI) benefits. The case was referred to Magistrate Judge Frank Maas, who issued a Report and Recommendation to remand the action for further administrative proceedings, citing deficiencies in the plaintiff's hearing. After defendant objected to a time limit, an Amended Report and Recommendation was issued, omitting the disputed time limitation. District Judge Richard J. Holwell, finding no clear error, adopted the Amended Report in its entirety, granting the Commissioner’s motion. The court's decision was based on the Administrative Law Judge's failure to fully develop the administrative record and adequately consider the treating physician’s opinion, Dr. Asbury, whose findings differed from a nonexamining medical consultant.

Social Security BenefitsSupplemental Security IncomeDisability DeterminationAdministrative Law Judge (ALJ) ReviewRemand OrderTreating Physician RuleMedical AssessmentHIV/AIDS ImpairmentHepatitis C DiagnosisProcedural Error
References
15
Case No. MISSING
Regular Panel Decision

Astra Media Group, LLC v. Clear Channel Taxi Media, LLC

Plaintiff Astra Media Group, LLC sued defendants Clear Channel Taxi Media, LLC and the New York City Taxi and Limousine Commission (TLC) alleging federal and state antitrust violations, discrimination, and tortious interference. Astra claimed Clear Channel conspired with the TLC to ban its four-sided taxi rooftop advertising, engaged in predatory pricing, filed baseless lawsuits, and destroyed property. The court granted Clear Channel's motion to dismiss the antitrust and tortious interference claims, citing lack of plausible allegations and immunity under the Noerr-Pennington doctrine. The TLC's motion for summary judgment on the discrimination claim was also granted due to Astra's failure to provide specific supporting facts. The court consequently dismissed the complaint in its entirety.

Antitrust LawSherman ActDonnelly ActTortious InterferencePredatory PricingNoerr-Pennington DoctrineEqual Protection ClauseMotion to DismissSummary JudgmentTaxi Advertising Regulation
References
55
Case No. MISSING
Regular Panel Decision
Jan 21, 2015

Local Union No. 40 of the International Ass'n of Bridge v. Car-Win Construction Inc.

The plaintiffs, several local unions and related benefit funds, initiated a lawsuit against Car-Win Construction, Inc. and CRV Precast Construction, LLC, alleging violations of a collective bargaining agreement and failure to contribute to benefit funds. Following the defendants' consistent non-compliance with discovery orders and failure to produce financial records, the plaintiffs moved for a default judgment. Magistrate Judge Michael H. Dolinger issued a Report and Recommendation, advising that the default judgment be granted, a post-default inquest for damages be conducted, and an audit of the defendants' financial records for specific periods be ordered. District Judge Laura Taylor Swain subsequently adopted this Report and Recommendation in its entirety, finding no clear error. The court also approved the plaintiffs' application for reasonable attorneys' fees incurred due to the defendants' dilatory tactics in discovery.

Default JudgmentDiscovery SanctionsERISACollective Bargaining AgreementBenefit Fund ContributionsAlter-Ego LiabilityFinancial AuditWage ViolationsFederal Rule of Civil Procedure 37Judicial Discretion
References
75
Case No. 2021 NY Slip Op 00606 [191 AD3d 1074]
Regular Panel Decision
Feb 04, 2021

Matter of Pisarski v. Accurate Plumbing & Heating Co.

Claimant Michael Pisarski established a workers' compensation claim for occupational bilateral knee and shoulder injuries after retiring as a union plumber. The Workers' Compensation Board ultimately set the date of disablement as July 12, 2016, and a Worker's Compensation Law Judge ruled Norguard Insurance Company, which covered the employer during Pisarski's last employment, was the liable carrier, as no active policy was found on the disablement date. Norguard appealed, distinguishing its case from Matter of Cammarata, where the employer had ceased business. The Appellate Division, Third Department, found that the Board erred by not determining the business status of Accurate Plumbing and Heating Co. on the date of disablement. This determination is crucial to establish whether Accurate Plumbing was required to maintain an insurance policy or if the Uninsured Employers Fund should be responsible. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationOccupational DiseaseDate of DisablementInsurance Carrier LiabilityUninsured Employers FundAppellate ReviewRemittalBusiness Status DeterminationPolicy CoverageKnee Injury
References
6
Case No. ADJ2894818 (SRO 0132752)
Regular
Mar 02, 2009

DAVID L. BROWN vs. COUNTY OF MENDOCINO, Permissibly Self-Insured, by CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further proceedings, finding that the administrative law judge erred in issuing an unapportioned permanent disability award. The Board determined that the doctor's report clearly indicated overlap between the applicant's two cardiac impairments, requiring apportionment. While there was no clear evidence for apportionment to the applicant's prior spinal disability, the Board directed the trial level to obtain a new rating that accounts for the duplication in the cardiac conditions. This decision ensures a more accurate and equitable permanent disability assessment by considering the overlap in impairments.

Workers' Compensation Appeals BoardADJ2894818SRO 0132752David L. BrownCounty of MendocinoClaims Management Inc.ReconsiderationSupplemental Findings Award OrderPermanent DisabilityApportionment
References
1
Case No. MISSING
Regular Panel Decision
Nov 07, 2005

Snead v. Commissioner of Social Security

Gladys Snead, the plaintiff, initiated this action under the Social Security Act to appeal the Commissioner of Social Security's denial of her disability benefits. United States Magistrate Judge Ronald L. Ellis issued a Report and Recommendation, concluding that the Administrative Law Judge's decision was supported by substantial evidence and proposing that the Commissioner's motion for judgment on the pleadings be granted. As no objections were filed by the parties, District Judge Holwell reviewed the Report for clear error. Finding no clear error, the District Court adopted the Report in its entirety. Consequently, the Commissioner's motion for judgment on the pleadings was granted, affirming the denial of Snead's disability benefits.

Social Security ActDisability BenefitsALJ DecisionJudicial ReviewReport and RecommendationJudgment on PleadingsClear Error ReviewWaiver of ObjectionsResidual Functional CapacityDepression
References
18
Case No. MISSING
Regular Panel Decision

Gesauldi v. Dan Yant Inc.

Plaintiffs, trustees of various Local 282 trust funds, initiated an action against Dan Yant Inc. for failing to make required contributions to the funds, violating ERISA and LMRA. Defendant defaulted after being served. Magistrate Judge Roanne L. Mann recommended granting default judgment to plaintiffs, awarding $2,418.28 in unpaid contributions, $1,300.00 in audit fees, $3,313.64 in attorney's fees and costs, and prejudgment interest and liquidated damages. District Judge Kiyo A. Matsumoto reviewed the Report and Recommendation, found no clear error, and adopted it as the court's opinion, ordering judgment in favor of the plaintiffs.

Default JudgmentERISALMRAUnpaid ContributionsTrust FundsCollective Bargaining AgreementDelinquent ContributionsAudit FeesAttorney FeesPrejudgment Interest
References
26
Case No. MISSING
Regular Panel Decision
Jan 27, 1965

Rivera v. Hellman

This case involves a motion to confirm a Special Referee's report concerning the amounts and priorities of various liens. The Special Referee conducted a hearing and reported on claims from an attorney for the plaintiff ($793.50), Roosevelt Hospital ($846.53), and the Millinery Health Fund ($641.00, later adjusted to $528). The report established the amounts of each lien and recommended priorities, placing the attorney's lien first, followed by the hospital lien (except for a $12 outpatient service), and then the compensation lien. The court concurred with the Special Referee's report and recommendations, granting the motion to confirm.

Lien PriorityAttorney's LienHospital LienDisability BenefitsWorkmen's Compensation LawSpecial Referee ReportMotion GrantedNew York Supreme CourtLien LawMotion Practice
References
2
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