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

Case No. 2016 NY Slip Op 05995 [142 AD3d 1003]
Regular Panel Decision
Sep 14, 2016

Matter of Carver v. Nassau County Interim Fin. Auth.

This case addresses a challenge to wage freezes imposed by the Nassau County Interim Finance Authority (NIFA) on Nassau County employees. NIFA was established to manage the County's fiscal crisis and declared a

Wage FreezeFiscal CrisisNassau County Interim Finance AuthorityPublic Authorities LawCollective Bargaining AgreementsCPLR Article 78 ProceedingStatutory InterpretationAppellate DivisionControl PeriodInterim Finance Period
References
18
Case No. MISSING
Regular Panel Decision
Aug 06, 1985

In Re Roblin Industries, Inc.

Roblin Industries, Inc., a Chapter 11 debtor, sought final court approval for a $12 million interim financing stipulation with Marine Midland Bank and Chemical Bank. United States Trust Company of New York, representing subordinated debenture holders, and other unsecured creditors objected to several key provisions, including a blanket waiver of potential claims against the banks, a stipulation of perfected security interests, cross-collateralization, and a super-priority for the lenders. The court found the waiver of rights and the pre-adjudication of lien validity to be inappropriate, as they could undermine the debtor's avoidance powers and circumvent adversary proceedings. Despite acknowledging the debtor's immediate need for funds and the difficulty in securing alternative financing, the court ultimately denied final approval of the proposed financing order. The existing interim financing protections were extended for a brief period to allow for a potential appeal.

Chapter 11 BankruptcyDebtor-in-Possession FinancingInterim Financing OrderCross-CollateralizationSuper-Priority LienCreditor ObjectionsWaiver of DefensesAvoidance PowersSecured DebtUnsecured Debt
References
17
Case No. MISSING
Regular Panel Decision

Kowalski v. Fisher 40th & 3rd Co.

The case involves an appeal by UNESCO, Inc., a third-party defendant, against an order and judgment from the Supreme Court, Kings County. The lower court granted the plaintiff's motion to estop UNESCO from denying a stipulation to add its Workers' Compensation Law lien to a jury's damage award, and entered judgment against UNESCO. The appellate court dismissed the appeal from the order but reversed the judgment, vacated the order, and denied the plaintiff's motion. The appellate court found no evidence of a written or open-court stipulation and no reliance by the plaintiff on the alleged stipulation, thus concluding that the Supreme Court erred in applying estoppel. The matter was remitted for further proceedings.

Personal InjuryWorkers' CompensationStipulationEstoppelAppealJudgment ReversalCPLRAppellate ProcedureThird-Party ActionLien
References
6
Case No. ADJ7412016
Regular
May 10, 2011

DORIS CORTES vs. BANK OF THE WEST, ESIS

This case involves an applicant who sustained bilateral wrist and elbow injuries but experienced no lost time from work. The applicant stipulated to zero permanent disability, though the WCJ ordered an Almaraz/Guzman assessment, which the defendant sought to rescind. The Appeals Board granted the petition for removal, rescinded the WCJ's order, and will approve the stipulations unless the applicant objects within twenty days. The Board found the stipulations adequate based on the record and the applicant's continued employment.

WCABPetition for RemovalAlmaraz/Guzman assessmentStipulations with Request for Awardpermanent disability ratingobjective findings of impairmentqualified medical evaluator (QME)American Medical Association Guidesmandatory settlement conference (MSC)rescinded order
References
2
Case No. MISSING
Regular Panel Decision
Aug 10, 2004

Claim of Mickens v. New York City Transit Authority

The claimant suffered a work-related injury in 1993 and subsequently filed a claim for workers' compensation benefits. A stipulation agreement between the claimant and employer, which adjusted weekly awards and set future payments, was approved by a Workers’ Compensation Law Judge. The claimant appealed this decision to the Workers’ Compensation Board, asserting the stipulation's invalidity, inadequate legal representation, and excessive counsel fees. The Board upheld the WCLJ's decision and denied the claimant's request for reconsideration. The appellate court affirmed the Board's decisions, finding the stipulation binding and the counsel fee award within the Board's discretion, and no abuse of discretion in denying reconsideration.

Stipulation AgreementCounsel FeesBoard ReviewAppellate ReviewPsychological ImpairmentsWork-related InjuryDecision AffirmedDiscretionary PowersLegal RepresentationBenefit Adjustment
References
6
Case No. MISSING
Regular Panel Decision
Dec 18, 1998

Stoll v. Port Authority of New York & New Jersey

This case concerns an appeal regarding a stipulation of settlement in a personal injury claim, involving a workers' compensation lien. The plaintiff initially refused to sign the release, asserting that his continuing workers' compensation benefits should remain unaffected, contrary to his attorney's counsel. The Supreme Court denied the defendants' motion to enforce the settlement and granted the plaintiff's cross-motion to vacate it. The Appellate Division reversed this order, finding that the plaintiff's attorney, despite a factual dispute over actual authority, possessed apparent authority to enter into the settlement. Consequently, the appellate court granted the defendants' motion to enforce the stipulation and denied the plaintiff's cross-motion.

Personal InjuryWorkers' Compensation LienStipulation of SettlementAttorney AuthorityApparent AuthorityMediationVacate StipulationAppellate ReviewNew York LawContract Enforcement
References
2
Case No. MISSING
Regular Panel Decision
Dec 11, 1998

Bouloy v. Peters

The Supreme Court, New York County, denied the petitioners' application to vacate a stipulation of discontinuance. The application was found untimely, having been filed more than two years after the petitioners became aware of the grounds for vacatur, despite the stipulation being signed much earlier in June 1993. Additionally, the court noted that any action by petitioner Hardie Bouloy against respondent Peters would be barred by the Workers' Compensation Law, as the injury occurred during employment by a co-worker operating a vehicle owned by Peters. The order was unanimously affirmed.

Stipulation of DiscontinuanceVacatur ApplicationTimelinessWorkers' Compensation LawCo-worker InjuryEmployment InjuryVehicle AccidentAppellate ReviewSupreme Court DecisionAffirmed Judgment
References
4
Case No. MISSING
Regular Panel Decision

Doyle v. City of New York

Plaintiff initiated a civil rights action against the City of New York, individual police officers, and Centre Firearms Co., Inc. following an alleged assault, false arrest, and malicious prosecution in 1982. Plaintiff sought to vacate a stipulation of discontinuance, claiming it was mistakenly applied to all defendants instead of only Centre Firearms. District Judge MacMAHON denied the plaintiff's motion, finding that the alleged mistakes by counsel were not grounds for relief under Fed.R.Civ.P. 60(b)(1). The court further awarded $500 in attorneys' fees to the defendants, noting that vacating the stipulation would not benefit the plaintiff as the federal claims lacked merit and state claims were time-barred.

Civil Rights ActionMotion to VacateStipulation of DiscontinuanceFed.R.Civ.P. 60(b)(1)Excusable NeglectAttorneys' Fees AwardedPendent JurisdictionStatute of LimitationsFalse ArrestMalicious Prosecution
References
11
Case No. MISSING
Regular Panel Decision

Ochal v. Television Technology Corp.

David Ochal suffered severe electrocution injuries in a work-related accident in February 1988. His personal injury action was settled by stipulation in November 1999, which included a structured settlement and an agreement by a third-party defendant to pay $50,000, waive a substantial workers' compensation lien, and cover pre-settlement medical bills. In May 2004, Ochal moved to enforce the stipulation, seeking payment for approximately $20,000 in medical bills and a pro rata share of litigation costs from the third-party defendant's workers' compensation carrier. The Supreme Court denied his motion, and Ochal appealed. The appellate court affirmed the denial, ruling that Ochal had breached the implied covenant of good faith and fair dealing by submitting medical bills 4.5 years post-settlement and that his claim for pro rata litigation costs lacked merit due to his failure to reserve this right during the settlement.

Structured SettlementStipulation of SettlementContract InterpretationImplied Covenant of Good Faith and Fair DealingWorkers' Compensation LienMedical BillsPro Rata Share of Litigation CostsAppellate ReviewBreach of ContractWaiver of Rights
References
10
Case No. ADJ1895769 (OAK 0305869)
Regular
Aug 24, 2016

CATHERINE BURNHAM vs. MT. DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted removal, finding jurisdiction over a dispute regarding the cost of specialized prosthetic braces (IDEOs), which a prior judge erroneously sent for Independent Bill Review. The WCAB determined that Labor Code section 4603.6 did not apply as there was no billable service in the conventional sense. Following a Commissioners' Conference, the parties entered stipulations for the provision of the braces, payment of fees according to the CA fee schedule, and resolution of associated penalties. The WCAB approved these stipulations, resolving the parties' dispute.

Workers' Compensation Appeals BoardRemovalOrder Taking Off CalendarJurisdictionLabor Code 4603.6Independent Bill ReviewIntrepid Dynamic Exoskeletal OrthosisIDEO bracesMedical Fee ScheduleLabor Code 4603.2
References
3
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