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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

Commercial Risk Reinsurance Co. v. Security Insurance

Petitioners Commercial Risk Reinsurance Company Limited and Commercial Risk Re-Insurance Company (collectively “Commercial Risk”) initiated an action to vacate an arbitration award obtained by respondent Security Insurance Company of Hartford (“Security”). Security subsequently cross-moved to confirm the Award. The District Court denied Commercial Risk’s motion to vacate and granted Security’s motion to confirm the Award, finding that Commercial Risk failed to establish sufficient grounds for misconduct by the arbitrators. Commercial Risk then sought reconsideration of this order, arguing improper exclusion of a witness and documents related to damages. The Court denied the motion for reconsideration, reaffirming its original decision and emphasizing the broad discretion granted to arbitrators in procedural matters, particularly given the "Honorable Engagement" clause in the parties' agreement.

ArbitrationReinsurance ContractsVacatur of Arbitration AwardConfirmation of Arbitration AwardMotion for ReconsiderationFederal Arbitration ActInternational ArbitrationEvidentiary RulingsJudicial ReviewArbitrator Discretion
References
27
Case No. MISSING
Regular Panel Decision

474431 Associates v. AXA Global Risks US Insurance

This case involves an appeal by Allcity Insurance Company in a consolidated action seeking a declaratory judgment regarding co-insurance liability between Allcity and AXA Global Risks US Insurance Company. The dispute arose from an underlying action where an injured worker obtained a judgment against a property owner, which was satisfied by the owner's insurer, AIG. AIG then sought reimbursement from the worker's employer's carriers, Allcity (worker's compensation) and AXA (general liability). The Supreme Court initially favored AXA, but the appellate court reversed, holding that AXA's disclaimer of coverage was untimely under Insurance Law § 3420 (d). The matter was remitted to declare AXA a co-insurer with Allcity.

Insurance Law § 3420 (d)Disclaimer of CoverageTimely Notice RequirementCo-Insurance DisputeGeneral Liability InsuranceWorker's Compensation InsuranceSummary Judgment MotionAppellate Court DecisionDeclaratory ReliefPolicy Exclusion
References
6
Case No. MISSING
Regular Panel Decision

New York State Workers' Compensation Board v. Consolidated Risk Services, Inc.

The New York State Workers’ Compensation Board, acting as a governmental agency and successor in interest to several insolvent workers' compensation self-insured trusts, commenced an action against a third-party administrator (Consolidated Risk Services, Inc.), its employees, related corporate entities, insurance brokers (including Hickey-Finn & Co., Inc.), former trustees of one of the trusts (RITNY), and an actuarial firm (Regnier Consulting Group, Inc.). The plaintiff alleged misconduct and malfeasance by the defendants led to trust insolvencies and sought to recover accumulated deficits. The case involves cross appeals challenging the Supreme Court’s partial dismissal of the complaint, specifically concerning the timeliness of claims for breach of fiduciary duty, fraud, fraudulent inducement, breach of contract, and common-law indemnification, applying the repudiation and discovery rules for statute of limitations. The Appellate Division modified the Supreme Court's order by dismissing specific claims against Hickey-Finn & Co., Inc., broadening the temporal scope of breach of fiduciary duty claims against other defendants, and reinstating common-law indemnification claims against several RITNY trustees, affirming the order as modified and remitting the case.

Workers' CompensationBreach of Fiduciary DutyFraudFraudulent InducementBreach of ContractCommon-Law IndemnificationStatute of LimitationsRepudiation RuleDiscovery RuleTrust Insolvency
References
27
Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. MISSING
Regular Panel Decision

Dering v. Regan

A City of Yonkers firefighter applied for accidental disability retirement benefits, claiming a knee injury from a 1972 ladder fall. Respondent Comptroller denied the application, concluding the misstep was an inherent occupational risk, not an accident under Retirement and Social Security Law § 363. Petitioner argued the misstep was due to an unusual ladder shift, constituting an accidental event. The court, however, confirmed the Comptroller's determination, finding substantial evidence supported the conclusion that the fall was an inherent risk, and the Comptroller was not required to accept the petitioner's uncorroborated explanation. The petition was dismissed.

Accidental Disability RetirementFirefighter InjuryKnee InjuryInherent Risk of OccupationLadder FallMisstepAdministrative ReviewSubstantial EvidenceCredibility IssueDenial of Benefits
References
4
Case No. MISSING
Regular Panel Decision

Penkalski v. McCall

A police officer, the petitioner, filed for accidental disability retirement benefits after injuring his knee in a slip and fall on wet grass while pursuing a suspect. The respondent denied the application, arguing that the incident did not qualify as an "accident" under the Retirement and Social Security Law, considering it an inherent risk of police work. The court upheld the respondent's decision, asserting that an injury is only accidental if it results from an event not ordinarily anticipated within the scope of employment. Given that chasing suspects and encountering various environmental conditions, including wet grass, are inherent to police duties, the slip and fall was deemed an anticipated risk.

Accidental DisabilityRetirement BenefitsPolice OfficerSlip and FallInherent RiskEmployment AccidentCPLR Article 78Appellate DivisionNew York LawPublic Employment
References
4
Case No. MISSING
Regular Panel Decision

Beroutsos v. Six Flags Theme Park, Inc.

Plaintiff Mr. Beroutsos suffered neck and back injuries after riding a roller coaster at defendant Six Flags Theme Park, Inc. The defendant moved for summary judgment, asserting that the plaintiff assumed the inherent risks of the ride, which were purportedly made clear through posted warnings and a souvenir manual. The court examined the doctrine of assumption of risk, emphasizing that it involves both knowledge and appreciation of the injury-causing defect, and is typically a factual question for the jury. The court found that the defendant failed to establish that the plaintiff assumed the risk of severe neck and back injuries, especially considering an expert's affidavit citing defective ride design. Consequently, the motion for summary judgment was denied.

Roller Coaster InjuryAssumption of RiskSummary Judgment MotionPersonal InjuryAmusement Park LiabilityNeck InjuryBack InjuryDefective DesignWarning SufficiencyQuestion of Fact
References
7
Case No. MISSING
Regular Panel Decision

Stickles v. Fuller

This case concerns the death of a farmhand, Stickles, who suffocated from silo gas while working on a dairy farm. Defendants, the property owners James Fuller and Nancy Fuller Brusie, and contractor MacNair Hyney, moved for summary judgment, asserting that Stickles assumed the risk, the owners were out-of-possession landlords without liability, and they lacked notice of any dangerous condition. The court denied the owners' motion for summary judgment, citing their lease covenant for major repairs and their alleged creation of a hazardous condition by installing a silo roof without proper ventilation. Additionally, the court rejected the assumption of risk defense, concluding that silo gas exposure was not an inherent risk of farming, and the plaintiff did not fully appreciate the danger. Therefore, both motions for summary judgment were denied.

Farm AccidentSilo GasWrongful DeathAssumption of RiskLandlord LiabilityOut-of-Possession LandlordSummary JudgmentNegligenceVentilationFarm Safety
References
16
Case No. ADJ7987695 ADJ7987686
Regular
May 08, 2014

VANESSA BRUCE vs. VALLEY HEALTH SYSTEM/PHYSICIANS FOR HEALTHY HOSPITALS; CRUM & FORSTER AND TRISTAR RISK MANAGEMENT

The applicant, a licensed vocational nurse, sought workers' compensation for injuries sustained when she fell asleep driving home after working three extra hours off the clock due to a coworker's issue. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration. The WCAB found the injury did not arise out of or occur in the course of employment, as the "going and coming rule" applied and neither the "special mission" nor "special risk" exceptions were met. The applicant's decision to stay late was voluntary, not at the employer's request, and falling asleep while driving is a common risk, not a special employment-related hazard.

Workers' Compensation Appeals BoardLicensed Vocational NurseSpecific InjuryNeck InjuryBack InjuryHeadachesCumulative InjurySleep DisorderGoing and Coming RuleSpecial Mission Exception
References
17
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