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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

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. 2014-1124 K C
Regular Panel Decision
Jul 21, 2017

Natural Therapy Acupuncture, P.C. v. Nationwide Ins.

The Appellate Term, Second Department, affirmed an order of the Civil Court of the City of New York, Kings County, which had granted summary judgment to Nationwide Ins. The case involved Natural Therapy Acupuncture, P.C.'s action to recover assigned first-party no-fault benefits. Nationwide Ins. successfully argued that it properly reimbursed the plaintiff for acupuncture services using the workers' compensation fee schedule applicable to chiropractors providing similar services. The appellate court found sufficient proof of timely mailing of claim denials and full payment according to the fee schedule. A new contention raised by the plaintiff for the first time on appeal was not considered by the court.

no-fault insuranceacupuncture servicesworkers' compensation fee schedulesummary judgmentappellate reviewclaim denialtimely mailingreimbursementmedical servicesfirst-party benefits
References
4
Case No. 2017-635 K C
Regular Panel Decision
Aug 02, 2019

Natural Therapy Acupuncture, P.C. v. GEICO Ins. Co.

In this case, Natural Therapy Acupuncture, P.C., acting as assignee, sought to recover no-fault benefits from GEICO Ins. Co. The Civil Court initially denied GEICO's cross-motion for summary judgment to dismiss claims concerning unpaid benefits. On appeal, the Appellate Term, Second Department, reversed the lower court's decision. The Appellate Term found that GEICO had timely denied the claims and correctly applied the workers' compensation fee schedule for the services in question. Consequently, GEICO's cross-motion for summary judgment was granted, dismissing the plaintiff's claims.

No-Fault BenefitsSummary JudgmentWorkers' Compensation Fee ScheduleAppellate ReviewInsurance ClaimsTimely DenialAssigned ClaimsMedical Provider ReimbursementCivil CourtAppellate Term Decision
References
2
Case No. MISSING
Regular Panel Decision

Abraham Natural Foods Corp. v. Mount Vernon Fire Insurance

Plaintiff Abraham Natural Foods Corp. initiated an action seeking a declaration that Mount Vernon Fire Insurance Company was obligated to indemnify and defend it in a wrongful death suit. The case was removed to federal court based on diversity jurisdiction. Plaintiff later amended its complaint to add several non-diverse defendants, including Modern Insurance Agency and Ok Z. Kim. Defendants moved to dismiss for lack of subject matter jurisdiction, arguing that the joinder of non-diverse parties destroyed diversity. Plaintiff cross-moved to remand the case to state court. The Court denied the motion to dismiss and granted the motion to remand, finding that the joinder of Modern was permissible under Rule 20 and legitimate, thus requiring remand under 28 U.S.C. § 1447(e).

Diversity JurisdictionSubject Matter JurisdictionRemand to State CourtMotion to DismissJoinder of PartiesPermissive JoinderFederal Rules of Civil Procedure28 U.S.C. § 1447(e)Insurance LitigationBroker Malpractice
References
18
Case No. 2023 NY Slip Op 04372 [219 AD3d 819]
Regular Panel Decision
Aug 23, 2023

Iannaccone v. United Natural Foods, Inc.

The plaintiff, Louis Iannaccone, appealed an order from the Supreme Court, Rockland County, which had granted summary judgment dismissing his Labor Law § 240 (1) claim. Iannaccone alleged personal injuries suffered in October 2015 while installing camera systems for United Natural Foods, Inc., when an extension ladder he was on, resting on landscaping rocks, shifted and caused him to fall. The Supreme Court initially granted motions by the defendant and third-party defendants (Protection One Alarm Monitoring, Inc., and Protection One Systems, Inc.) to dismiss the Labor Law § 240 (1) cause of action. The Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant and third-party defendants failed to establish, prima facie, that Iannaccone's actions were the sole proximate cause of his injuries. The Appellate Division noted Iannaccone's testimony about the unsafe alternative placement of the ladder and the lack of evidence that available safety ties, not at the job site, would have prevented the fall. Consequently, the motions for summary judgment dismissing the Labor Law § 240 (1) claim were denied.

Personal InjuryLadder SafetyLabor Law 240(1)Summary Judgment ReversalAppellate ReviewProximate CauseRecalcitrant WorkerSafety DevicesConstruction AccidentWorkplace Injury
References
16
Case No. 2014-769 Q C
Regular Panel Decision
Mar 18, 2016

Natural Therapy Acupuncture, P.C. v. American Tr. Ins. Co.

The plaintiff, Natural Therapy Acupuncture, P.C., acting as an assignee of Christopher Icheke, initiated an action to recover assigned first-party no-fault benefits from American Transit Ins. Co. The plaintiff moved for summary judgment, while the defendant cross-moved for summary judgment, asserting that all claims had been timely and properly paid in accordance with the workers' compensation fee schedule. The Civil Court denied the plaintiff's motion and granted the defendant's cross-motion, dismissing the complaint. On appeal, the Appellate Term affirmed the Civil Court's order, concluding that the defendant had successfully demonstrated full payment under the workers' compensation fee schedule, and the plaintiff failed to raise a triable issue of fact.

No-fault benefitsSummary judgmentWorkers' compensation fee scheduleAppellate reviewInsurance claimsAssignee rightsCivil Court decisionTimely paymentMedical servicesAcupuncture services
References
1
Case No. MISSING
Regular Panel Decision

Nature's Way Environmental Consultants & Contractors, Inc. v. State Insurance Fund

This CPLR article 78 proceeding challenged the State Insurance Fund's denial of workers' compensation insurance. The respondent denied the application under Workers' Compensation Law § 93 (c), asserting that the petitioner was controlled by Russel Savage, whose prior company, Nature's Way, Inc., had a policy cancelled for unpaid premiums. The Supreme Court initially annulled this determination, ordering insurance issuance. However, the appellate court reversed, dismissing the petition. The court found the respondent's decision rational, given the strong links between the petitioner and Nature's Way, Inc., including shared business, address, and the role of Russel Savage.

Workers' Compensation InsuranceCorporate ControlPolicy CancellationUnpaid PremiumsCPLR Article 78Administrative ReviewState Insurance FundAppellate DivisionReverse JudgmentPetition Dismissed
References
3
Case No. ANA 0403219
Regular
May 15, 2008

PHILLIP EVANS vs. COAST GENERAL TIRE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration, finding the applicant's injury presumed compensable under Labor Code section 5402 due to the employer's untimely denial and failure to provide a claim form. The applicant's unrebutted testimony establishes the industrial nature of the fall and injury. However, the nature and extent of the injury require further medical evaluation through the panel QME process.

Labor Code section 5402presumption of compensabilityequitable estoppelclaim formuntimely denialpanel QMEmedical-legal evaluationindustrial injuryStatute of Limitationsfindings and order
References
3
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. ADJ8064757
Regular
Nov 03, 2016

JOHN VAN FLEET vs. LAMBERT AND PHILLIPS CONSTRUCTION, AMERICAN ASSURANCE OF AMERICA, ZURICH NORTH AMERICA

This case concerns a workers' compensation claim for lumbar spine and sleep disorder injuries. The Appeals Board affirmed the original award but amended it to establish October 2006 as the date of injury, acknowledging the cumulative nature of the lumbar spine injury. Issues regarding the specific nature of the sleep disorder injury, the responsible insurer, and permanent disability were deferred for further proceedings at the trial level. The Board found that while a sleep disorder existed, further medical evidence was needed to establish its compensability and the extent of whole person impairment.

cumulative injurydate of injurylumbar spinesleep disorderpermanent disabilityapportionmentwhole person impairmentAMA Guidesorthopedicneurologist
References
2
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