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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

Claim of Johnson v. New York City Health & Hospitals Corp.

This case involves appeals from decisions of the Workers’ Compensation Board regarding the employment status of a decedent. The decedent, a staff physician at Bellevue Hospital, was murdered. Her husband, the claimant, filed a wrongful death action against New York City Health and Hospitals Corporation (NYCHHC), which operated Bellevue. NYCHHC argued it was the decedent's special employer, making workers' compensation the exclusive remedy. However, a Workers’ Compensation Law Judge and the Board determined that New York University Medical Center (NYU) was the decedent's sole employer. The appellate court affirmed the Board's finding, citing substantial evidence that NYU provided all professional services at Bellevue, employed and supervised the physicians, and controlled the details of their work, even though NYCHHC had general hospital oversight. The court reiterated that when evidence supports both general and special employment, the ultimate determination is a question of fact for the Board, and its decision stands if supported by substantial evidence.

Workers' Compensation Board AppealSpecial EmploymentGeneral EmploymentEmployer LiabilityWrongful Death ActionPhysician EmploymentHospital Affiliation AgreementSubstantial EvidenceQuestion of FactJudicial Review
References
7
Case No. MISSING
Regular Panel Decision

Claim of Fina v. New York State Olympic Regional Development Authority

The case involves a claimant who injured his leg while serving as a volunteer ski patroller. The Workers' Compensation Board initially ruled that an employer-employee relationship existed between the claimant and the New York State Olympic Regional Development Authority, despite the claimant's initial volunteer status being established without controversy. The Board's decision reversed a Workers’ Compensation Law Judge's determination that the claimant, a volunteer, was entitled to benefits based on his regular vocation as a self-employed engineer. On appeal, the court found insufficient evidence in the record to support the Board’s determination of an employer-employee relationship, noting that the Board relied solely on the claimant's testimony from a time when his volunteer status was undisputed. Consequently, the court reversed the Board's decision and remitted the matter for a review of the claimant's average weekly wage based on his volunteer status.

Employer-Employee RelationshipVolunteer StatusWorkers' Compensation BenefitsAverage Weekly WageSubstantial EvidenceScope of Board ReviewSki PatrolGore Mountain Ski CenterNew York State Olympic Regional Development AuthorityRemand
References
9
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
Case No. ADJ6927641
Regular
Oct 24, 2016

Victor Arredondo vs. Scott Linskey dba Malibu Coast Nursery and Landscapes, Willy Arredondo, Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original findings. The Board found the initial decision insufficient because it failed to address whether the applicant was employed by Willy Arredondo or as a dual employee of both Willy Arredondo and Scott Linskey. Furthermore, the Board determined that the applicant had met his initial burden of proving services rendered, shifting the burden to the employer to rebut the presumption of employment. The case is returned for further proceedings to make findings on employment status, independent contractor status, and any exclusions to coverage.

Workers' Compensation Appeals BoardReconsiderationFindings of FactBurden of ProofEmploymentDual EmployersPresumption of EmploymentIndependent ContractorExcluded EmployeeBorello
References
6
Case No. C-5672, E-2429, C-5878
Regular Panel Decision

Buffalo United Charter School v. New York State Public Employment Relations Board

Petitioners, consisting of Buffalo United Charter School, Brooklyn Excelsior Charter School, and National Heritage Academies, Inc., initiated a CPLR article 78 proceeding to challenge and annul a February 14, 2011 decision by the New York Public Employment Relations Board (PERB). The PERB decision asserted jurisdiction over the charter schools, rejected National Labor Relations Act (NLRA) preemption claims, and determined that assistant principals were neither managerial nor confidential employees. Petitioners contended that PERB lacked jurisdiction due to its joint public-private employment doctrine, that the NLRA preempted PERB's authority, and that PERB erroneously found the assistant principals lacked managerial or confidential status. They also argued the PERB decision unconstitutionally impaired their contractual rights. The court largely upheld PERB's jurisdiction, ruling that the Charter Schools Act superseded PERB's joint public-private employment doctrine and denying the NLRA preemption claim. However, the court annulled PERB's determination regarding the managerial and confidential status of assistant principals at Brooklyn Excelsior Charter School, reinstating the Administrative Law Judge's original finding on that specific issue.

Charter SchoolsPublic Employment Relations Board (PERB)Taylor LawNational Labor Relations Act (NLRA)JurisdictionJoint Public-Private Employment DoctrineManagerial EmployeesConfidential EmployeesCollective BargainingCPLR Article 78
References
24
Case No. MISSING
Regular Panel Decision
May 24, 1995

Claim of Shoemaker v. Manpower, Inc.

The case concerns an appeal from a Workers' Compensation Board decision regarding the employment status of a claimant who was injured while working at Westwood Pharmaceuticals. The claimant was generally employed by Manpower, Inc., a temporary employee supplier. Westwood contended that it was the claimant's special employer, limiting her remedy to workers' compensation. The Board initially found that Westwood's control was insufficient to establish a special employment relationship, ruling Manpower as the sole employer. Both Westwood and Manpower appealed this decision. The Appellate Division reversed the Board's findings, concluding that the evidence demonstrated Westwood exercised exclusive control and supervision over the claimant's activities, thereby establishing a special employment relationship. The matter was remitted to the Board for further proceedings consistent with this Court's decision.

Special EmploymentTemporary EmployeeWorkers' CompensationEmployer LiabilityControl TestDual EmploymentAppellate ReviewRemittalSubstantial EvidencePersonal Injury
References
8
Case No. MISSING
Regular Panel Decision
Apr 22, 1980

In re the Claim of Caruso

This case concerns an appeal by Professional Data Services, Inc. from a decision of the Unemployment Insurance Appeal Board. The board affirmed an Administrative Law Judge's ruling that a claimant, who worked from home as a key punch operator for Professional Data Services, Inc., was an employee rather than an independent contractor, making her eligible for benefits. The employer provided equipment, controlled work distribution, and set deadlines, which were key factors in determining the employment relationship. The court rejected the employer's argument that a signed contract classifying the claimant as an independent contractor was binding, citing concerns about duress and the Industrial Commissioner's statutory authority to determine employment status under Labor Law § 597. The Appellate Division affirmed the board's decision, finding substantial evidence to support the employer-employee relationship.

Employer-employee relationshipIndependent contractorUnemployment insurance benefitsLabor LawSubstantial evidenceContractual agreementDuressAdministrative Law JudgeAppeal Board decisionKey punch operator
References
2
Case No. ADJ13090134
Regular
Aug 14, 2025

OLIVIA RAMIREZ vs. ISIDRO A. MEJIA, ZINDER JANITORIAL CO., UNINSURED EMPLOYERS BENEFITS TRUST FUND, BOURBON PUB/PARADIES LAGARDERE, SENTRY INSURANCE

Applicant Olivia Ramirez sustained an injury to her knee and ankle on November 17, 2019, while employed by Isidro A. Mejia and Zinder Janitorial Co., who were uninsured for workers' compensation. The Uninsured Employers Benefits Trust Fund (UEBTF) successfully joined Paradies Lagardere as a co-defendant, alleging joint employer status. The Workers' Compensation Administrative Law Judge (WCJ) initially found Paradies to be a joint employer in Findings of Fact issued on May 15, 2025. Paradies sought reconsideration, disputing the joint employer finding and the injury arising out of and in the course of employment (AOE/COE). The Appeals Board reviewed the petition, the UEBTF's answer, and the WCJ's report, ultimately granting reconsideration but deferring a final decision on the merits, indicating further review of the record and applicable law is necessary. The decision also clarified that Labor Code sections 2775 and 2776, related to employee classification, do not apply retroactively to the date of injury in this case.

Joint employerUninsured employersParadies LagardereZinder JanitorialIsidro MejiaWCJPetition for ReconsiderationAOE/COELabor Code section 5909EAMS
References
17
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. MISSING
Regular Panel Decision
Jul 27, 1995

Claim of Wint v. Hotel Waldorf Astoria

The claimant, employed by Hotel Waldorf Astoria, was involved in an altercation in January 1990 and subsequently terminated. Despite termination, payroll records were maintained, and the claimant remained in employment status as a union delegate until a grievance hearing in February 1990. On January 26, 1990, the claimant returned to the Hotel to pick up her paycheck and was injured after slipping and falling. The Workers’ Compensation Law Judge initially disallowed the claim, but the Workers’ Compensation Board rescinded this decision. A new WCLJ found the injury occurred in the course of employment, which the Board affirmed. The Hotel appealed this decision, contending that no employer-employee relationship existed at the time of the accident. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the determination that the claimant was an employee.

Workers' CompensationEmployment StatusAccidental InjuryCourse of EmploymentEmployer-Employee RelationshipUnion DelegateCollective Bargaining AgreementPaycheck CollectionTermination DisputeSubstantial Evidence
References
7
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