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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
Jun 14, 2005

Claim of Horton v. Salt

Claimant appealed a Workers' Compensation Board decision that reduced penalties against the employer and its carrier for late benefit payments. The Workers' Compensation Law Judge initially assessed a penalty of 20% of the late payments plus six $300 assessments. The Board agreed on late payments but reduced the penalty to only one $300 assessment, interpreting Workers’ Compensation Law § 25 (1) (e) as allowing a single $300 assessment per "instance" of application. The Court found the Board's interpretation not irrational but noted its inconsistency with prior Board decisions on similar facts without providing an explanation. Consequently, the Court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationLate Payment PenaltiesStatutory InterpretationAdministrative LawAgency PrecedentArbitrary and CapriciousJudicial ReviewRemandWorkers' Compensation BoardEmployer Obligations
References
6
Case No. MISSING
Regular Panel Decision

De Mayo v. Rensselaer Polytech Institute

The Workers' Compensation Board directed the Special Fund for Reopened Cases to pay a penalty to a claimant under Workers’ Compensation Law § 25 for failing to timely pay an award. The Special Fund appealed this decision, contending that the penalty provision applied only to employers or insurance carriers, not to them. The court, however, disagreed with the Special Fund's interpretation. Citing prior case law, the court held that the Special Fund, once liable for compensation benefits due to the passage of time, stands in the shoes of the carrier regarding the obligation to make timely payments. Therefore, the court affirmed the Board's decision to impose the penalty, emphasizing the legislative policy for prompt compensation payments to injured workers.

Workers' CompensationPenaltyTimely PaymentStatutory InterpretationSpecial FundReopened CasesInsurance CarrierAppellate ReviewStatutory ConstructionLegislative Intent
References
5
Case No. ADJ4388600
Regular
Sep 09, 2011

CARLOS CALVILLO vs. ALLIED BUILDING MAINTENANCE, LIBERTY MUTUAL INSURANCE COMPANY

The lien claimant, Joyce Altman Interpreters, sought reconsideration of an award for interpreter services, arguing they were owed the full amount claimed plus penalties and interest. The Workers' Compensation Appeals Board denied the petition, upholding the administrative law judge's decision. The judge found that while some interpreter services were compensable, the claimant's documentation was deficient and charges were unreasonable, precluding full recovery of penalties and interest. The Board agreed that statutory provisions do not expressly allow penalties and interest for interpreter services in this context.

Lien claimantJoyce Altman InterpretersPetition for ReconsiderationSupplemental Findings and AwardCompromise and Releasepenalties and interestLabor Code section 4600reasonably required interpreter servicesReport and Recommendationcustodian of records
References
1
Case No. ADJ8361822
Regular
Aug 03, 2015

LORENA CHAVEZ vs. ABM JANITORIAL SERVICES, ESIS

This case concerns ABC Interpreting, Inc.'s petition for reconsideration of a WCJ's decision awarding them $180.00 for interpreter services. ABC Interpreting sought $250.00, claiming entitlement to the pre-established market rate, plus interest and penalties for late payment. The Board denied the petition, affirming the WCJ's award because ABC Interpreting failed to provide adequate documentation of market rate, their qualifications as an interpreter, and because Labor Code section 5811 does not authorize penalties and interest. The Board found the $180.00 award consistent with the reasonable and customary rate for interpreter services in the applicable geographic area.

Petition for ReconsiderationInterpreter FeesLabor Code Section 5811Market RateSuperior Court Fee ScheduleQualified InterpreterDeposition ServicesUntimely PaymentInterest and PenaltyAmended Order
References
2
Case No. ADJ9447747
Regular
Jan 29, 2016

ALICIA GONZALEZ vs. KELLERMEYER BERGENSON SERVICES, ZURICH AMERICAN INSURANCE COMPANY

This case concerns an employer's appeal of an award for interpreter services rendered to an injured worker. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's findings. The judge had awarded the interpreter her claimed market rate, imposed penalties for unreasonable delay in payment, and ordered sanctions and attorney fees due to the employer's actions. The employer argued the market rate was unsupported, penalties were unwarranted due to alleged procedural errors by the interpreter, and sanctions were unjust.

WCABKeller-MeyersZurich AmericanGallagher BassettMina ThorlakssonInterpreting ServicesMarket RateLabor Code 5811PenaltiesSanctions
References
1
Case No. MISSING
Regular Panel Decision

In re Yovanny L.

This case addresses the accuracy of court interpreter translations in a juvenile delinquency proceeding. The Assistant Corporation Counsel moved to strike the complainant's testimony, alleging significant errors by the court-appointed Mandarin interpreter. After conducting a hearing and considering testimony from both the Assistant Corporation Counsel and the interpreter, the court acknowledged that some minor errors in translation and interpreter conduct occurred. However, the court ultimately found these errors to be isolated instances and not sufficiently serious or pervasive to cause major prejudice to any party. Consequently, the drastic remedy of striking the testimony and starting anew was denied, and the trial was ordered to resume with a different Mandarin interpreter.

Juvenile DelinquencyCourt InterpretersTranslation AccuracyDue Process RightsEvidentiary MotionTestimony AdmissibilityMandarin LanguageFamily Court ProcedureJudicial ReviewProcedural Errors
References
7
Case No. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
Case No. 2022 NY Slip Op 00228 [201 AD3d 1164]
Regular Panel Decision
Jan 13, 2022

Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor)

This case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from decisions by the Unemployment Insurance Appeal Board. The Board determined that Fausto Debora, a linguist, was an employee of LIS and that LIS was liable for unemployment insurance contributions. The Appellate Division, Third Department, affirmed the Board's finding, concluding that substantial evidence supported the existence of an employment relationship. The court noted that LIS exercised sufficient control over its linguists by screening qualifications, negotiating pay, and assigning jobs, despite some flexibility offered to the linguists. The decision also dismissed LIS's argument regarding Department of Labor guidelines, stating no inconsistency was found with established common-law tests for employment.

Unemployment InsuranceEmployment RelationshipIndependent ContractorAppellate ReviewSubstantial EvidenceLinguist ServicesControl TestDepartment of Labor GuidelinesEmployer LiabilityStatutory Interpretation
References
10
Case No. MISSING
Regular Panel Decision

Vallecillo v. New York City Department of Corrections

Claimant's counsel, Gerarda M. Rella, appealed a Workers' Compensation Board decision that imposed two $500 penalties. The initial penalty stemmed from a venue request filed without reasonable grounds, seeking a hearing in White Plains despite the claimant residing in Brooklyn and working in Queens, for attorney convenience. The Board affirmed the Workers' Compensation Law Judge's denial of the venue change and the initial penalty. An additional $500 penalty was assessed for a frivolous appeal to the Board. The Appellate Division affirmed the Board's decision, concluding that Rella's venue request lacked justification and that the Board appropriately exercised its discretion in imposing both penalties, especially given Rella's prior awareness of venue rules in similar matters.

Workers' Compensation LawAttorney MisconductFrivolous AppealVenue RequestMonetary PenaltyAppellate ReviewJudicial DiscretionProcedural MotionNew York LawAdministrative Law
References
8
Case No. MISSING
Regular Panel Decision
Mar 21, 1980

Claim of White v. New York City Housing Authority

This case concerns an appeal by the employer, New York City Housing Authority, and its carrier, the State Insurance Fund, from a Workers' Compensation Board decision filed March 21, 1980. The Board affirmed a penalty imposed on the carrier for failing to timely reimburse the employer for wages paid to a claimant. An earlier award, affirmed by the board on April 25, 1979, directed reimbursement to the Authority. The carrier's failure to pay within 10 days of the April 1979 decision, specifically by May 25, 1979, resulted in a 20% penalty under Workers' Compensation Law § 25 (subd 3, par [c]). The court affirmed the penalty, ruling that the statute is self-executing and applies even when the payment is to an employer for wages advanced, emphasizing the legislative intent to ensure prompt compensation.

Workers' Compensation LawPenalty AssessmentLate PaymentEmployer ReimbursementInsurance Carrier LiabilityStatutory InterpretationAppellate ReviewNew YorkWage CreditDisability Benefits
References
3
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