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

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. 2021 NY Slip Op 07264 [202 AD3d 125]
Regular Panel Decision
Dec 22, 2021

Siegel v. Snyder

This case addresses the quality-assurance privilege and the party-statement exception under New York's Education Law and Public Health Law, regarding the discoverability of medical peer-review meeting minutes. The plaintiff sought minutes from a Trauma Peer Review Committee concerning a decedent's treatment, to which defendants asserted privilege. The Appellate Division clarified that the burden lies with the party claiming privilege to prove that unidentified statements in the minutes were made by nonparties, thus ruling that statements with unidentified speakers are discoverable under the party-statement exception. However, the court also determined that references to future corrective actions in the minutes are protected from disclosure. The Supreme Court's order was modified to reflect these findings, affirming the discoverability of unidentified statements while granting a protective order for subsequent corrective action discussions.

Medical MalpracticeQuality Assurance PrivilegePeer ReviewParty Statement ExceptionEducation LawPublic Health LawDiscoveryConfidentialityHospital RecordsUnidentified Speaker
References
42
Case No. ADJ7422993
Regular
Apr 06, 2015

SHIRLEY LESCALLETT vs. WAL-MART, ACE AMERICAN INSURANCE, YORK RISK SERVICES

In this workers' compensation case, the applicant sought to select a pain management specialist as her primary treating physician. The employer's Medical Provider Network (MPN) did not have any pain management specialists within the 15-mile/30-minute access standard for primary physicians, though it did have specialists within a 30-mile/60-minute radius. The Appeals Board affirmed the WCJ's decision, holding that if an applicant chooses a specialist for their primary care, the MPN must provide at least three physicians of that specialty within a 15-mile/30-minute radius. Since the defendant's MPN failed to meet this standard for pain management specialists, the applicant was permitted to choose one outside the MPN. A dissenting opinion argued that the 30-mile/60-minute standard for specialists should apply, allowing the applicant to select a physician within that broader radius from the MPN.

MPNMedical Provider NetworkPrimary Treating PhysicianSpecialistAccess StandardsAdministrative Director's RulePain Management PhysicianGeographic RadiusLabor CodeWorkers' Compensation Appeals Board
References
3
Case No. MISSING
Regular Panel Decision

Matter of Goutremout v. Advance Auto Parts

This case involves an appeal by an employer and its workers’ compensation carrier from two decisions of the Workers’ Compensation Board concerning the transfer of liability to the Special Fund for Reopened Cases. The claimant had sustained a right knee injury in 2001, which was later amended to include a consequential left knee injury, leading to an overall 50% loss of use award for the right leg paid in March 2011. The Board initially reversed a Workers’ Compensation Law Judge's ruling, finding that the three-year lapse requirement from the last payment of compensation under Workers’ Compensation Law § 25-a was not met because a payment was made in March 2011, less than three years from the request to shift liability. The Appellate Division, however, reversed the Board’s decision, holding that the Special Fund’s liability was triggered earlier, in February 2009, when the claimant applied to reopen the claim, satisfying both the seven-year lapse from injury and the three-year lapse from the last payment of compensation. The Court clarified that subsequent payments or requests for transfer of liability do not alter the point at which statutory liability attaches, and thus, the Board's finding that relief was unavailable was incorrect.

Workers' Compensation LawSpecial Fund LiabilityReopened CasesStatutory InterpretationAppellate DivisionBoard Decision ReversalSchedule Loss of Use AwardKnee Injury ClaimTimeliness of ApplicationLast Payment of Compensation Rule
References
6
Case No. ADJ3736897 (RIV 0044021)
Regular
Apr 07, 2014

TERESA BOLTON vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Appeals Board granted the lien claimant's petitions for removal, finding the defendant's petition for reconsideration untimely. The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant. Consequently, the November 27, 2013 minute order, requiring the defendant to pay the costs, was reinstated. The defendant's petition for reconsideration was dismissed as untimely.

Petition for RemovalPetition for ReconsiderationUntimely FilingWCJ AuthorityMinute OrderLien ClaimantCosts AwardRescinded OrderReinstated OrderAppeals Board
References
6
Case No. ADJ7098412; ADJ7098413 ADJ7098414; ADJ7099557 ADJ7095101; ADJ7095118
Regular
Dec 16, 2010

ERLINDA SALES vs. HYATT REGENCY, LIBERTY MUTUAL INSURANCE COMPANY

The WCAB dismissed the applicant's petition for reconsideration as untimely and unverified, and denied her petition for removal. However, the Board granted removal on its own motion, rescinded the WCJ's Minute Order requiring the applicant to attend a PQME, and returned the matter to the WCJ for further proceedings. The applicant argued the Minute Order denied due process by not allowing a hearing on her contention of defendant's non-compliance with medical evaluation procedures.

WCABPetition for ReconsiderationPetition for RemovalMinute OrderPanel Qualified Medical ExaminationPQMEDr. KimLabor Code section 4062.2(c)Due ProcessUntimely Petition
References
12
Case No. ADJ11127536
Regular
Jun 19, 2018

MANUEL GOMEZ vs. F.A.L. TRANSPORTATION, INC., SUPRA NATIONAL EXPRESS, INC.

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. The defendant sought removal of a Minute Order setting a status conference and a Notice of Intention to Impose Sanctions, arguing prejudice. The WCAB dismissed the petition regarding the sanctions as no order had been issued, and denied it as to the Minute Order. The WCAB found no irreparable harm or prejudice from a status conference aimed at clarifying issues before trial on a Compromise and Release.

Illegally UninsuredPetition for RemovalMinute OrderNotice of Intention to Impose SanctionsCompromise and ReleaseWCJWCABExtraordinary RemedySignificant PrejudiceIrreparable Harm
References
2
Case No. ADJ8591035, ADJ8590946
Regular
Jun 05, 2015

THOMAS PICHICKJIAN vs. PREMIUM CLUB SERVICE, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration and denied their Petition for Removal regarding a Minute Order that took the case off calendar. The WCAB found no evidence of industrial injury to the psyche or internal systems, nor did the applicant provide medical reporting in those fields. The WCAB also dismissed the petition as it related to a case number not addressed by the Minute Order and admonished the applicant's attorney for improper filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPanel Qualified Medical EvaluatorPQMEindustrial injurytaken off calendarprejudiceReport and Recommendationadministrative law judge
References
0
Case No. ADJ9813773
Regular
Apr 04, 2019

Christina Eastland vs. Orange County Transportation Authority

The Workers' Compensation Appeals Board granted removal to the defendant, Orange County Transportation Authority. This decision rescinded a prior Minute Order that compelled depositions over the defendant's objection. The Board found the Minute Order violated the defendant's due process rights by failing to provide adequate notice that employee witness depositions, rather than QME depositions, would be addressed. Therefore, the case is returned to the trial level for proper notice and an evidentiary hearing.

Petition for RemovalDue ProcessMinute OrderWCJEmployee Witness DepositionsDeclaration of Readiness to ProceedStatus ConferenceObjection and Motion to QuashProtective OrderOrder to Quash
References
12
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