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

Case No. 2017 NY Slip Op 04009 [150 AD3d 1507]
Regular Panel Decision
May 18, 2017

Matter of Jie Cao v. Five Star Travel of NY Inc.

Claimant, a bus driver, was involved in a 2007 accident and successfully applied for workers' compensation benefits, naming "Five Stars Travel Bus Inc." as his employer. Five Star Travel of NY Inc. (Five Star) did not appear after being served, leading to a WCLJ finding it liable for awards and assessments. After subsequent awards and medical treatment authorizations, a settlement was approved in 2013. In May 2015, Five Star sought to reopen the claim and challenge the prior decisions and settlement, but the Workers' Compensation Board denied the application due to untimely submission of new material evidence and the non-reviewable nature of an approved waiver agreement. The Appellate Division affirmed the Board's decision.

Workers' CompensationBus AccidentUninsured EmployerClaim ReopeningSettlement AgreementBoard ReviewAppellate DivisionTimelinessContinuing JurisdictionDue Process
References
6
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. 2017 NY Slip Op 04008 [150 AD3d 1505]
Regular Panel Decision
May 18, 2017

Claim of Jie Cao v. Five Star Travel of NY Inc.

Norman Lan Chen, a bus driver, was involved in a 2007 bus accident. He successfully applied for workers' compensation benefits, and the Workers' Compensation Board found Five Star Travel of NY Inc. (his employer) to be uninsured and liable for awards. A settlement agreement was approved by the Board in October 2011. In May 2015, Five Star Travel of NY Inc. sought to reopen the claim and revisit the settlement approval, but the Board denied the application. The Appellate Division, Third Department, affirmed the Board's decision, finding that no material new evidence was presented and the application was untimely. The court also held that the Board was correct in declining to revisit the previously approved Workers' Compensation Law § 32 settlement agreement.

Workers' Compensation BoardAppealClaim ReopeningSettlement AgreementUninsured EmployerTimelinessJudicial ReviewAppellate DivisionBus Accident
References
6
Case No. 2022 NY Slip Op 00084 [201 AD3d 1064]
Regular Panel Decision
Jan 06, 2022

Matter of Sow (NY Minute Messenger, Inc.--Commissioner of Labor)

This case concerns an appeal by NY Minute Messenger, Inc. (NYMM) from decisions of the Unemployment Insurance Appeal Board. The Board ruled that NYMM was liable for unemployment insurance contributions for claimant Alfousseyn Sow and similarly situated individuals, determining an employer-employee relationship existed. NYMM, a logistics broker, had engaged Sow as a driver via a third-party administrator. The Department of Labor initially found an employment relationship, which was sustained by an Administrative Law Judge and affirmed by the Board. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the employer-employee relationship based on factors like NYMM issuing identification, assigning work, setting pay, and handling complaints. The court also upheld the application of this finding to others similarly situated and the denial of certain testimony as cumulative or irrelevant.

Unemployment BenefitsEmployer-Employee DisputeIndependent Contractor StatusLogistics IndustryDriver ClassificationAppellate ReviewAdministrative Law JudgeUnemployment Insurance Appeal BoardSubstantial Evidence StandardControl Test
References
10
Case No. 2016 NY Slip Op 06428
Regular Panel Decision
Oct 04, 2016

Commissioners of the State Insurance Fund v. NY Minute Management Corp.

This case concerned an action for nonpayment of workers' compensation premiums brought by the Commissioners of the State Insurance Fund against NY Minute Management Corp. The Supreme Court initially granted summary judgment dismissing the complaint. However, the plaintiff's motion to renew was granted, leading to the vacation of the prior order, dismissal of claims pertaining to drivers' premiums, and restoration of remaining claims for non-drivers' premiums to mediation. The Appellate Division, First Department, affirmed the lower court's decision to grant renewal, citing appropriate judicial discretion in the interest of justice. It also found the defendants' argument regarding "new legal theories" to be unavailing.

Workers' CompensationPremium ClaimsSummary JudgmentMotion to RenewIndependent ContractorsInsurance PolicyAppellate ReviewJudicial DiscretionInterest of JusticeAffirmance
References
1
Case No. 2019 NY Slip Op 08899
Regular Panel Decision
Dec 12, 2019

Matter of Peterec-Tolino v. Five Star Elec. Corp.

John Peterec-Tolino, an electrician, appealed a Workers' Compensation Board decision that found his employment termination was not in violation of Workers' Compensation Law § 120. Peterec-Tolino alleged discrimination by his employer, Five Star Electric Corp., claiming he was fired in January 2015 due to filing accident/incident reports for a December 2014 knee injury. The Board affirmed the disallowance of the discrimination claim, concluding that the termination was a result of legitimate business actions, specifically a furlough replacement program and issues with Peterec-Tolino's work performance. The Appellate Division, Third Department, affirmed this decision, finding that Peterec-Tolino failed to establish a causal nexus between his compensation activities and his termination, and that the Board's determination was supported by substantial evidence. The court emphasized its limited power to reweigh conflicting proof or substitute its judgment for that of the Board.

Workers' Compensation Law § 120 ViolationRetaliatory Discharge ClaimEmployment DiscriminationBurden of Proof in Discrimination CasesCausal Nexus RequirementLegitimate Business Reasons for TerminationFurlough Replacement ProgramPoor Work PerformanceAppellate Division ReviewSubstantial Evidence Standard
References
7
Case No. 2015 NY Slip Op 01996 [126 AD3d 498]
Regular Panel Decision
Mar 12, 2015

Aramburu v. Midtown West B, LLC

Plaintiff Mark A. Aramburu was injured while moving a heavy reel of wire down a ramp, slipping on ice, and subsequently being struck by the reel. The court granted plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) liability, concluding that the lack of adequate safety devices was a proximate cause of the accident, despite the presence of ice. Defendants' motion to dismiss common-law negligence and Labor Law § 200 claims was denied due to unresolved factual issues regarding notice of the hazardous icy condition. The order was modified to conditionally grant defendants' motion for contractual indemnification against Five Star Electric Corp., but defendants' claims for breach of contract and common-law indemnification/contribution against Five Star were dismissed because plaintiff did not suffer a 'grave injury' under Workers' Compensation Law § 11.

Construction AccidentLabor LawSection 240(1) LiabilityCommon-Law NegligenceContractual IndemnificationSummary JudgmentSlip and FallHazardous ConditionWorkers' Compensation Law Section 11Grave Injury
References
9
Case No. 2023 NY Slip Op 03384 [217 AD3d 1210]
Regular Panel Decision
Jun 22, 2023

Attreed v. Five Star Elec. Corp.

Claimant Kenneth Attreed sustained knee injuries at work, leading to a claim for workers' compensation benefits. Initially, a WCLJ granted him temporary total and partial disability awards. Later, the Workers' Compensation Board modified this decision, ruling that Attreed voluntarily removed himself from the labor market and was not entitled to indemnity benefits from September 28, 2021. Attreed appealed, arguing the Board erred in its finding and the effective date. The Appellate Division, Third Department, affirmed the finding of voluntary withdrawal but held that the proper date for the finding of no labor market attachment was October 25, 2021, the date of testimony, not September 27, 2021, when the issue was raised. Consequently, the court reversed the Board's decision regarding benefits from September 28, 2021, to October 26, 2021, and remitted the matter for further proceedings concerning benefits subsequent to Attreed's October 20, 2021 surgery.

Workers' CompensationLabor Market AttachmentDisability BenefitsVoluntary WithdrawalIndemnity BenefitsTemporary Partial DisabilityTemporary Total DisabilityAppellate ReviewBoard DecisionCOVID-19 Pandemic
References
6
Case No. MISSING
Regular Panel Decision

MacTaggart v. Gibbs & Cox. Inc.

This appeal concerns the dismissal of an action for failure to prosecute for over five years. The plaintiffs' primary excuse for the delay was their involvement in another litigation concerning similar issues. However, the court found that the issues in the two cases were not identical, and a significant period of a year and a half elapsed after the conclusion of the prior litigation without any further action on the present case. The court also considered the prejudice to the defendant, noting the difficulty and impracticability of recouping extra costs from clients related to contracts completed between February 1944 and December 1945. Consequently, the court affirmed the dismissal of the action.

failure to prosecutedismissal of actionappellate reviewdiscretionary powerprejudice to defendantdelay in litigationstipulationsamended complaintnote of issueextra compensation
References
1
Case No. MISSING
Regular Panel Decision

Ortiz v. Five Points Correctional Facility

Claimant, a keyboard specialist at Five Points Correctional Facility, filed for workers' compensation benefits after experiencing emotional distress during a six-hour interview regarding a complaint against her fiancé. A Workers’ Compensation Law Judge initially found a compensable work-related accident. However, the State Insurance Fund appealed, and the Workers’ Compensation Board reversed, determining that the claimant did not suffer stressors greater than those routinely occurring in the normal work environment and that the interview did not constitute a compensable accident. The Appellate Court affirmed the Board's decision, citing that the Board was not bound by the WCLJ's credibility determinations and had substantial evidence to support its findings.

Workers' CompensationEmotional DistressWorkplace InterviewStress-Related InjuryCredibility FindingsBoard ReversalAppellate AffirmationState Insurance FundCorrectional Facility EmploymentBenefit Denial
References
1
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