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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

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
Case No. MISSING
Regular Panel Decision

Greene County Department of Social Services v. Ward

This is a concurring opinion by Chief Judge Kaye regarding a case involving Ms. Ward and the Greene County Department of Social Services (GCDSS). Ms. Ward, facing challenges with her son Jeffrey's severe behavioral issues and a lack of support services, was coerced into permanently relinquishing her parental rights to GCDSS after they refused a temporary relinquishment and failed to provide adequate assistance. She subsequently challenged a child support order, citing statutory exceptions and equitable estoppel due to GCDSS's alleged failures in providing information on parental support obligations and mandatory preventive services. While the court affirmed the original support order, Chief Judge Kaye's opinion highlights the GCDSS's apparent non-compliance with regulatory mandates, including the failure to inform parents of support obligations, conduct a 'best interests' analysis, and refer to essential preventive and emergency mental health services, stressing that such a situation should not recur. However, the requested remedy of estoppel against the agency could not be granted.

Parental RightsChild SupportSocial Services AgencyEquitable EstoppelRegulatory CompliancePreventive ServicesChild WelfareGreene CountyConcurring OpinionFamily Law
References
4
Case No. MISSING
Regular Panel Decision

Brentwood Pain & Rehabilitation Services, P.C. v. Allstate Insurance

This opinion addresses whether Magnetic Resonance Imaging (MRI) procedures are subject to the same fee limitations as X-rays under New York's no-fault auto insurance law. Plaintiffs, a group of MRI service providers ("Providers"), argued that applying x-ray fee schedules to MRIs is improper and violates insurance contracts. Defendants, numerous insurance companies ("Insurers"), along with the New York State Workers’ Compensation Board (WCB) and Department of Insurance (DOI), contended that the fee limitations for multiple diagnostic x-ray procedures (Ground Rule 3 of the WCB Fee Schedule) should also apply to MRIs. The court, deferring to the interpretations of the WCB and DOI, found their application of Ground Rule 3 to MRIs to be reasonable. Consequently, the court granted the Insurers' motion for summary judgment, denied the Providers' cross-motion for summary judgment, and denied the Providers' motion for class certification as moot.

MRIX-rayNo-Fault InsuranceFee ScheduleWorkers' Compensation BoardDepartment of InsuranceRegulatory InterpretationSummary JudgmentClass ActionDiagnostic Imaging
References
35
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. ADJ8572033
Regular
Jan 23, 2017

NELLY MOLINA vs. MACY'S CORPORATE SERVICES, Permissibly Self-Insured, Administered By MACY'S

This case involves a lien claim by Industrial Healthcare for medical services provided to applicant Nelly Molina from November 6, 2012, to September 10, 2013. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing the lien, upholding the administrative law judge's finding that the lien was untimely. The WCAB ruled that because the last date of service (September 10, 2013) was after July 1, 2013, the 18-month statute of limitations under Labor Code section 4903.5(a) applied, making the lien filed on September 2, 2015, tardy. A dissenting opinion argued that continuous services provided both before and after July 1, 2013, should be subject to the three-year statute of limitations, allowing for a single lien filing.

Labor Code section 4903.5(a)statute of limitationslien claimreconsiderationOrder Dismissing Lienworkers' compensation administrative law judgeIndustrial HealthcareInnovative Medical ManagementMacy's Corporate Servicescontinuous treatment
References
7
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

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. MISSING
Regular Panel Decision

Kennedy v. Pine Hill Coffee Service, Inc.

Gerald Kennedy, an employee of Sahlem’s Roofing, sustained injuries after falling from a roof while working on a building owned by defendant James DeMarco and occupied by Pine Hill Coffee Services, Inc. Plaintiffs moved for partial summary judgment, arguing a violation of Labor Law § 240 (1) due to the defendants' failure to provide adequate safety equipment. Defendants contended that a co-employee acting as a 'spotter' constituted a safety device and that Kennedy was a recalcitrant worker for continuing to work when the 'spotter' left. The court rejected the argument that a human 'spotter' is a safety device under Labor Law § 240 (1), emphasizing the requirement for physical safety devices. Finding that the absence of proper safety devices was the proximate cause of Kennedy’s injuries, the court granted the plaintiffs' motion for partial summary judgment.

Labor Lawabsolute liabilityconstruction accidentfall from heightsafety devicesrecalcitrant workerproximate causeNew York Lawsummary judgmentowner liability
References
7
Case No. MISSING
Regular Panel Decision

UnitedHealthcare Services, Inc. v. Asprinio

UnitedHealthcare Services, Inc. sought a preliminary injunction to prevent out-of-network providers David Asprinio, M.D., and University Orthopaedics, P.C., from balance billing its members for amounts exceeding United's payments. The court denied the motion, finding that United failed to establish a likelihood of success on the merits, irreparable injury, or a favorable balance of equities. The court emphasized the absence of a contractual relationship between the insurer and providers and the lack of an applicable statute compelling providers to accept United's payments, reaffirming the common-law right of providers to seek reasonable fees from patients. United's claims of tortious interference and deceptive practices under General Business Law § 349 were also dismissed for lack of supporting evidence or standing.

Preliminary InjunctionBalance BillingOut-of-Network ProviderHealth Insurance DisputeTortious InterferenceGeneral Business Law 349Quantum MeruitMedical FeesFair Health DatabaseImplied Contract
References
37
Case No. No. 28
Regular Panel Decision
Apr 21, 2022

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

This case involves an appeal by Mental Hygiene Legal Service on behalf of a 16-year-old child with developmental disabilities who was confined to an emergency room for several weeks due to a lack of suitable residential placement or in-home services. Petitioner sought the child's immediate discharge and a declaration that the state's failure to provide community habilitation and respite services was arbitrary and violated her statutory rights under CPLR articles 70 and 78, and the Americans with Disabilities Act. The lower courts dismissed the petition, finding the matter moot but applying the exception. The Court of Appeals ultimately dismissed the appeal on grounds of mootness, citing intervening material alterations to service programs, specifically the Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) program. A dissenting opinion argued for the application of the mootness exception and the viability of petitioner's claims under state and federal law.

Developmental DisabilitiesMedicaid ServicesEmergency Room ConfinementMootness ExceptionIntegration MandateMental Hygiene LawAmericans with Disabilities ActCrisis ServicesResidential PlacementNew York Court of Appeals
References
33
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