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

Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. ADJ9942080 ADJ10381122 ADJ10260028
Regular
Apr 07, 2017

MARIO PADILLA vs. RIO FARMS, LLC, NATIONAL UNION FIRE INS. CO.

The Workers' Compensation Appeals Board granted reconsideration to address whether the defendant was entitled to a credit for $11,020 in permanent disability advances. The applicant argued against the credit, citing that the Compromise and Release explicitly stated "0.00" permanent disability indemnity paid and did not include any deductions for such advances. The Board found the defendant's interpretation of the addendum ambiguous and against the explicit language of the settlement agreement. Therefore, the Board amended the award to permit credit only for permanent disability advances made *after* the date of the Compromise and Release.

Permanent disability advancesCompromise and ReleasePetition for ReconsiderationJoint Findings and Awardcreditaddendumsettlement negotiationscontract interpretationmutual intentionWCJ
References
1
Case No. ADJ7111686
Regular
Apr 14, 2010

DANIEL AVENDANO, JR. vs. RAYDON, INC., ENDURANCE INS. CO., FIRSTCOMP.

The defendant sought reconsideration of an approved Compromise and Release agreement, arguing the WCJ erred by not allowing a credit for permanent disability advances due to mutual mistake. The agreement settled the applicant's industrial injuries for $\$12,797.50$. However, the Compromise and Release form contained an ambiguous clause regarding permanent disability advances, with blanks left unfilled by the defendant. Because the defendant drafted the agreement and the applicant was unrepresented, any ambiguity is construed against the defendant. Therefore, the petition for reconsideration was denied, and the defendant is not entitled to a credit for permanent disability advances.

Permanent disability advancesCompromise and ReleaseMutual mistake of factWCABLabor Code section 5003AmbiguityUnrepresented applicantContract interpretationCreditIndustrial injury
References
2
Case No. ADJ7088465
Regular
Jan 27, 2017

RAUL GARCIA vs. CHULA VISTA ELEMENTARY SCHOOL

This case involves cross-petitions for reconsideration of an administrative law judge's (WCJ) decision regarding a custodian's industrial injury. The WCJ initially found a 31% permanent disability rating but issued contradictory findings on the employer's credit for indemnity advances. The Appeals Board granted reconsideration, increasing the permanent disability rating to 48% and correcting the contradictory findings to allow the employer credit for advances. The Board otherwise affirmed the WCJ's decision, concluding the employer should receive credit for prior payments to avoid double recovery and encourage prompt benefit disbursement.

WCABADJ7088465Chula Vista Elementary Schoolcustodianindustrial injuryleft eyefaceneckthoracic spineteeth
References
0
Case No. ADJ2552389 (OAK 0301853), ADJ2702419 (OAK 0301854), ADJ350772 (OAK 0301856), ADJ3854894 (OAK 0321466)
Regular
Mar 26, 2012

BARBARA LIGE-DIXON vs. A.C. TRANSIT, SEDGWICK CMS, INC.

The defendant, AC Transit, sought reconsideration of an award finding four industrial injuries and three awards of permanent disability for Barbara Lige-Dixon. The primary dispute concerned whether the defendant could credit permanent disability advances made in one case (resulting in zero disability) against its liability in other cases. The Appeals Board granted reconsideration, finding equitable considerations supported allowing the credit across all cases due to overlapping injuries and evolving medical apportionment. The Board amended the award to permit the $12,930 advance credit, while deferring the issue of attorney fees against third-party recovery for further trial-level proceedings.

Workers' Compensation Appeals BoardPermissibly Self-InsuredJoint Findings Award and OrdersPermanent DisabilityPermanent Disability AdvancesCreditThird Party RecoveryEquitable ConsiderationsApportionmentAgreed Medical Examiner
References
0
Case No. MISSING
Regular Panel Decision

Credit One Financial v. Anderson (In re Anderson)

Plaintiff Orrin Anderson, a debtor, had his credit card debt with Credit One discharged in bankruptcy, but the debt remained on his credit report as 'charged off.' Anderson reopened his bankruptcy case and filed a class action complaint against Credit One for alleged violations of the discharge injunction. Credit One moved to compel arbitration, strike class allegations, and dismiss for lack of subject matter jurisdiction, which the Bankruptcy Court denied. Credit One appealed the denial to compel arbitration as of right and sought leave to appeal the denials to strike class allegations and dismiss for lack of subject matter jurisdiction. The District Court denied Credit One's motion for leave to appeal, finding no basis for pendent appellate jurisdiction or interlocutory appeal for the additional issues.

Bankruptcy Discharge InjunctionClass Action WaiverSubject Matter JurisdictionInterlocutory AppealPendent Appellate JurisdictionArbitration AgreementFederal Statutory ClaimsContempt PowerPunitive DamagesInjunctive Relief
References
49
Case No. MISSING
Regular Panel Decision

Silberstein v. Advance Magazine Publishers, Inc.

This is an employment discrimination action filed by plaintiff Silberstein, formerly a senior vice president at The New Yorker, alleging demotion and termination due to a second pregnancy under Title VII and New York State and City Human Rights Laws. Defendants, Advance Magazine Publishers, Inc. and S.I. Néwhouse, Jr., moved to dismiss claims for intentional infliction of emotional distress and negligent supervision. The court granted the motion, ruling that New York law’s stringent standards for intentional infliction of emotional distress were not met, especially given that statutory remedies for discrimination already exist without punitive damages. The negligent supervision claim was also dismissed due to the exclusivity of workers' compensation as a remedy for co-employee negligence and the lack of allegations regarding the employer's knowledge of the supervisor's propensities.

Employment DiscriminationPregnancy DiscriminationIntentional Infliction of Emotional DistressNegligent SupervisionTitle VIINew York State Human Rights LawNew York City Human Rights LawsWorkers' Compensation LawMotion to DismissFederal Jurisdiction
References
35
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. 2018 NY Slip Op 07432 [166 AD3d 621]
Regular Panel Decision
Nov 07, 2018

Matter of Progressive Advanced Ins. Co. v. New York City Tr. Auth.

This case involves an appeal by Progressive Advanced Insurance Company (Progressive) against the New York City Transit Authority (NYCTA) concerning an arbitration award. The dispute arose under Insurance Law § 5105 regarding a loss transfer claim, where NYCTA sought reimbursement from Progressive for workers' compensation benefits paid to its employee after a collision involving Progressive's insured. The central issue was whether a 20% no-fault offset applied to the workers' compensation wages, with the arbitrator ruling it did not, as a one-third offset had already been applied. Progressive's petition to vacate the award was denied by the Supreme Court, Queens County. The Appellate Division affirmed this denial, concluding that the arbitrator's determination was supported by a reasonable hypothesis and was not arbitrary or capricious.

Arbitration AwardLoss TransferInsurance LawWorkers' Compensation BenefitsNo-Fault OffsetAppellate ReviewStatutory InterpretationEvidentiary SupportArbitrary and CapriciousReasonable Hypothesis
References
9
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
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