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

Case No. 2025 NY Slip Op 02370 [237 AD3d 1139]
Regular Panel Decision
Apr 23, 2025

Whitfield v. Law Enforcement Employees Benevolent Assn.

The plaintiff, John "Divine G" Whitfield, doing business as Divine G Entertainment, appealed an order from the Supreme Court, Kings County, which granted the defendants' motion to dismiss his amended complaint. Whitfield had sued Law Enforcement Employees Benevolent Association (LEEBA) and its members for fraud and unjust enrichment, alleging inadequate payment for website and paralegal services. The Appellate Division affirmed the Supreme Court's decision, finding that Whitfield failed to adequately allege injury for fraud and that civil conspiracy claims stand or fall with the underlying tort. The court also determined that defendants were not unjustly enriched and that the plaintiff failed to establish an employer-employee relationship necessary for Labor Law and FLSA claims. Additionally, claims for intentional and negligent infliction of emotional distress were dismissed for failing to meet rigorous standards, and piercing the corporate veil was not adequately pleaded.

FraudUnjust EnrichmentEmployment RelationshipQuantum MeruitLabor LawFLSAEmotional DistressCorporate VeilPiercing Corporate VeilPleading Sufficiency
References
26
Case No. MISSING
Regular Panel Decision
Jul 30, 2012

Matter of Monarch Consulting, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA.

Justice Gische dissents from the majority's decision, arguing that arbitrators, not the court, should determine the enforceability of payment agreements containing arbitration clauses in workers' compensation cases. The dissent highlights that the payment agreements were not filed with the Workers’ Compensation Insurance Rating Bureau (WCIRB), an issue the insureds use to invalidate the arbitration provisions. Citing the Federal Arbitration Act (FAA) and Supreme Court precedent, Gische, J. contends that challenges to the contract as a whole should be decided by arbitrators. Furthermore, the dissent disagrees with the majority's application of the McCarran-Ferguson Act, asserting that California law does not prohibit arbitration in insurance disputes and that arbitration does not undermine filing requirements. The dissent critiques the Ceradyne decision as inconsistent with Supreme Court rulings on severability and arbitrability.

Arbitration ClausesArbitrabilityFederal Arbitration ActMcCarran-Ferguson ActWorkers' Compensation InsuranceCalifornia Insurance CodeContract EnforceabilityGateway IssuesDissenting OpinionJudicial Review
References
17
Case No. MISSING
Regular Panel Decision

Coyne Electrical Contractors, Inc. v. United States (In Re Coyne Electrical Contractors, Inc.)

This case addresses whether a New York Lien Law "trust fund" beneficiary’s claim to priority payment under Lien Law Section 71(2)(d) is preempted by ERISA. The applicant, The Joint Industry Board of the Electrical Industry and its Participating Funds (JIB), sought priority payment from funds held by the debtor, asserting a claim for unpaid benefits. The defendant, A-J Contracting, Inc. (A-J), challenged this, arguing ERISA preemption, specifically that the Lien Law provided an "alternative enforcement mechanism" forbidden by ERISA. The court reviewed federal preemption doctrine and ERISA's objectives, ultimately concluding that Section 71(2)(d) does not create such a mechanism as it confirms existing employer liability rather than shifting it. Therefore, the court found that ERISA does not preempt JIB's assertion of priority rights under Lien Law Section 71(2)(d).

ERISA preemptionLien Law trust fundpriority disputeunpaid employee benefitsbankruptcy estatedebtor liabilityconstruction subcontractsfederal supremacystatutory interpretationcollective bargaining agreement
References
29
Case No. MISSING
Regular Panel Decision

Formal Opinion No.

This opinion from the Chairman of the New York Workers' Compensation Board addresses the priority of income execution and income deduction orders, established by the 1985 Support Enforcement Act (CPLR §§ 5241, 5242), against other statutory deductions from workers' compensation awards. Historically, WCL § 33 provided broad exemptions for workers' compensation benefits. However, WCL §§ 206(2) and 25(4)(a) allow for reimbursement of disability insurers and employers for advance payments, respectively, and WCL § 24 establishes liens for attorneys' fees, traditionally enjoying highest priority. The 1985 Act amended WCL § 33 to make benefits subject to support enforcement and also stipulated that income executions and deduction orders take priority over other assignments, levies, or processes. The Board concluded that claims for attorneys' fees and reimbursements by disability insurance carriers and employers are to be deducted first from the workers' compensation award. The support enforcement remedies under CPLR §§ 5241 and 5242 then apply to the balance of the workers' compensation benefits paid to the employee. This approach ensures prompt payment to injured workers and prevents double payment issues.

Workers' CompensationSupport Enforcement ActIncome ExecutionIncome DeductionLien PriorityStatutory InterpretationDisability Benefits ReimbursementEmployer ReimbursementAttorneys' Fees PriorityCPLR 5241
References
9
Case No. MISSING
Regular Panel Decision

In re Arbitration between Reif & Williams Sportswear, Inc.

This case addresses whether a corporation is bound by an arbitration clause in a collective bargaining agreement ratified by its predecessor partnership. The petitioner, Local 169 of the Amalgamated Clothing Workers of America, initiated arbitration against the respondent, Williams Sportswear Co., Inc., for defaulting on payments to employee funds. The corporation, formed by the same partners who ran the predecessor partnership, continued the same business in the same location and sought to stay arbitration, arguing it was not a party to the agreement. While the Special Term denied the stay, the Appellate Division reversed, absolving the corporation of the obligation. The higher court, however, reversed the Appellate Division's decision, holding that the corporation acts as an 'alter ego' of the original promoters and is thus bound by the collective bargaining agreement, emphasizing that a change in corporate form does not negate pre-existing contractual obligations when the underlying business remains unchanged. Therefore, arbitration was deemed enforceable.

Arbitration AgreementCollective Bargaining AgreementCorporate LiabilityAlter Ego DoctrineSuccessor EmployerStay of ArbitrationPartnership DissolutionCorporate FormationContractual ObligationsUnion Rights
References
8
Case No. MISSING
Regular Panel Decision
Jun 04, 2007

FCI Group, Inc. v. City of New York

This case involves an action brought by a contractor against the City of New York and the Department of Citywide Administrative Services (DCAS) for the balance due on a construction contract. The defendants contended that the plaintiff forfeited its right to further payment due to the attempted bribery of two city employees by the plaintiff's president. The Supreme Court initially denied the defendants' motion for summary judgment, but this Court reversed that decision. It found that the contract's narrow alternative dispute resolution clause was inapplicable to the dispute. Crucially, the Court concluded that the plaintiff was bound by the contract’s forfeiture provision and that its enforcement did not offend public policy, as the unlawful conduct was central to the performance of the contract, thereby barring recovery.

Construction ContractContract ForfeitureBriberyPublic PolicyAlternative Dispute Resolution (ADR)Summary JudgmentUnlawful GratuitiesEthical ConductContract InterpretationNew York City Charter
References
28
Case No. MISSING
Regular Panel Decision

Employers' Mutual Liability Insurance v. McLellan

This motion, brought by a plaintiff insurance carrier and Flying Tigers, Inc., sought to stay payment to defendant John Johnstone. The payment was awarded by Deputy Commissioner McLellan under the Longshoremen’s and Harbor Workers’ Compensation Act for the death of James M. Johnstone. Plaintiffs argued that the Deputy Commissioner's findings on dependency and jurisdiction were erroneous and that they would suffer irreparable harm without a stay due to no provision for repayment under the Act. However, the court found the application inadequate, citing insufficient facts, rebutted dependency claims, and legally insufficient assertions of irreparable injury. Consequently, the motion for a stay of payment was denied.

Longshoremen's and Harbor Workers' Compensation ActWorkers' CompensationStay of PaymentPreliminary InjunctionIrreparable HarmDependencyJurisdictionCompensation AwardPenalty for Non-PaymentInsurance Carrier
References
8
Case No. MISSING
Regular Panel Decision

Williams v. Glass

The petitioner, a paternal grandmother, sought foster care payments for three children who had been in her custody since July 30, 1988, following their placement by the Department of Social Services (DSS). DSS initially provided payments until July 29, 1988, but subsequently denied further funding, asserting that the foster care placement had automatically terminated. The court, in reviewing the Commissioner's determination, held that under the Interstate Compact on the Placement of Children (Social Services Law § 374-a), DSS, as the sending agency, retained jurisdiction and financial responsibility for the children. The court found that the voluntary 'discharge' of the children to the grandmother was an insufficient basis to terminate DSS's ongoing supervisory and financial responsibilities. Consequently, the Commissioner's determination denying foster care payments was annulled, and the petition seeking such payments was granted.

Foster careInterstate CompactSocial Services LawCPLR article 78Judicial reviewAnnulmentChild custodyFinancial responsibilityAgency responsibilityNew York law
References
4
Case No. MISSING
Regular Panel Decision

Claim of Joslin v. City of Albany Fire Department

The claimant appealed a Workers’ Compensation Board decision regarding the method of payment for his hearing loss benefits, specifically challenging the biweekly installment plan. The claimant argued that Workers’ Compensation Law § 49-bb, which governs occupational loss of hearing claims, mandated a different payment method. The court rejected this contention, asserting that Workers’ Compensation Law § 15 (3) (m), which covers schedule awards for hearing losses generally, and § 49-cc, which directs occupational loss of hearing compensation to align with § 15 (3), govern the payment. Consequently, the court affirmed that the claimant was entitled to biweekly scheduled payments, consistent with other schedule loss awards.

Hearing lossWorkers' CompensationOccupational diseaseSchedule awardBiweekly paymentsStatutory interpretationAppealCompensation benefitsWorkers' Compensation Board
References
2
Case No. MISSING
Regular Panel Decision
Jun 20, 1986

Claim of Foglia v. New York City Housing Authority

The claimant, a New York City Housing Authority police officer, sustained a compensable knee injury in 1974. The case was reopened in 1983 due to increased disability, and the Special Fund for Reopened Cases was put on notice for potential liability under Workers' Compensation Law § 25-a. The issue was whether there was an advance payment of compensation, which would relieve the Special Fund from liability. The claimant testified that he retired in 1983 but had been on limited duty performing clerical work at full salary since 1982 due to his injury. The Workers' Compensation Board determined that these full salary payments for lighter work constituted an advance payment of compensation. The court affirmed the Board's decision, finding substantial evidence to support the determination that an advance payment of compensation relieved the Special Fund from liability.

Workers' Compensation BoardAdvance PaymentSpecial FundReopened CasesDisabilitySchedule LossPolice OfficerLimited DutySubstantial EvidenceFactual Determination
References
2
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