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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

Jones v. Onondaga County Resource Recovery Agency

This memorandum-decision and order addresses defendants' motion for summary judgment in an employment discrimination case. Plaintiff, an African-American, alleged racial discrimination, hostile work environment, and retaliation by the Onondaga County Resource Recovery Agency (OCRRA) and individual defendants under Title VII, NYSHRL, and §§ 1981a, 1983. The court granted summary judgment for defendants, dismissing NYSHRL claims due to the election of remedies doctrine. Title VII claims against individual defendants were deemed redundant or untimely. The court found plaintiff failed to establish a prima facie case for discrimination or retaliation, or to show pretext. Hostile work environment claims were dismissed for lack of exhaustion and insufficient evidence. Conspiracy and New York Public Authorities Law claims were also dismissed, leading to the closure of the case.

Employment DiscriminationRace DiscriminationRetaliationHostile Work EnvironmentSummary JudgmentTitle VIINew York State Human Rights Law42 U.S.C. Section 198142 U.S.C. Section 1983Intracorporate Conspiracy Doctrine
References
47
Case No. MISSING
Regular Panel Decision

Pennsylvania Engineering Corp. v. Islip Resource Recovery Agency

This action stems from a contractual dispute regarding the construction of a waste disposal plant between Pennsylvania Energy Resources Company (PERC), Pennsylvania Engineering Corporation (PEC), and the Islip Resource Recovery Agency. Following an arbitrator's decision finding PERC in default, which was confirmed by the court on April 12, 1989, dismissing plaintiffs' case, PERC and PEC moved to reargue and amend their complaint. They sought to vacate the arbitration award based on alleged arbitrator bias, attempting to relate back the amended complaint. The Court denied these motions, emphasizing that the Federal Arbitration Act's three-month statute of limitations for vacating an award has no common law or Rule 15(c) exceptions under these circumstances. The court further found that the plaintiffs were aware of potential bias at the time of selecting the arbitrator, thus precluding equitable tolling.

ArbitrationContractual DisputeSummary JudgmentFederal Arbitration ActRule 15cRelation Back DoctrineEquitable TollingArbitrator BiasStatute of LimitationsMotion to Amend
References
6
Case No. MISSING
Regular Panel Decision
Jun 01, 2017

Claim of Lala v. Siteworks Contracting Corp.

Claimant Nick Lala sustained work-related injuries in an October 2007 motor vehicle accident and settled a third-party action for $100,000, with a net recovery of $64,541.51. The employer's workers' compensation carrier agreed to the settlement, reserving its right to a credit under Workers' Compensation Law § 29 (4) but also acknowledging its obligation to pay a proportionate share of litigation expenses under Burns v Varriale. A Workers' Compensation Law Judge (WCLJ) ruled that the carrier's credit, as reduced by its share of litigation expenses, was exhausted on August 20, 2013, a decision subsequently upheld by the Workers' Compensation Board. The employer and carrier appealed, contending that the Board miscalculated the credit and erroneously determined the exhaustion date. The Appellate Division affirmed the Board's decision, finding that the WCLJ's method of deducting the carrier's proportionate share of litigation expenses directly from the claimant's net recovery before calculating the credit was consistent with established case law and the statute's purpose.

Workers' Compensation Law § 29 (4)Third-party action settlementCarrier credit exhaustionLitigation expenses apportionmentBurns v Varriale ruleEquitable shareTemporary total disability benefitsMotor vehicle accident injuryAppellate DivisionWorkers' Compensation Board decision
References
6
Case No. MISSING
Regular Panel Decision

Claim of Simmons v. St. Lawrence County CDP, Inc.

This case clarifies the application of Workers' Compensation Law § 29 regarding an insurance carrier's right to offset a claimant's net recovery from a third-party tort-feasor against future compensation benefits. The decision affirms that this offset applies to earnings lost more than three years after the date of the accident, as these are not considered 'basic economic loss' and therefore not replaced by 'first party benefits' under no-fault insurance. The court explains that the compensation carrier's lien, while no longer 'inviolable' due to Workers’ Compensation Law § 29 (1-a), still attaches to 'any recovery' in a third-party action if the benefits in question were not in lieu of first-party benefits. The claimant's argument that the recovery solely represented pain, suffering, and permanent injuries, not lost wages, was rejected.

Workers' Compensation LawLienOffsetThird-Party RecoveryNo-Fault InsuranceBasic Economic LossFirst Party BenefitsLost WagesInsurance CarrierNew York Law
References
2
Case No. MISSING
Regular Panel Decision
May 05, 2006

Capital Z Financial Services Fund II, L.P. v. Health Net, Inc.

The case concerns four limited partnerships, collectively known as Cap Z, that invested $100 million to finance Superior National Insurance Group's acquisition of workers' compensation insurers (BIG) from Health Net. Cap Z alleged that Health Net misrepresented and concealed critical information regarding BIG's inadequate loss reserves, leading to significant financial losses when both Superior and BIG became insolvent. Initially, the IAS court sustained a breach of contract claim but dismissed fraud and implied covenant claims. On appeal, the court, applying Delaware law as stipulated in the agreements, determined that Cap Z's contractual claims were derivative of Superior's and therefore lacked standing. The appellate court also found the fraud and implied covenant claims to be without merit, even under New York law, citing disclaimers and Cap Z's own due diligence. Consequently, the court dismissed the entire complaint.

Shareholder Derivative ActionBreach of ContractFraudulent InducementImplied Covenant of Good Faith and Fair DealingChoice of LawCorporate AcquisitionInsolvencyFinancial MisrepresentationInvestment LossStanding to Sue
References
12
Case No. ADJ4702604 (MON 0293583) ADJ2539407 (MON 0293581) ADJ593062 (MON 0310215)
Regular
May 03, 2010

MARLU HARRIS vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, Administered By INTERCARE INSURANCE COMPANY, HEALTH NET, AIG

This case involves two alleged cumulative industrial injuries for Marlu Harris, one with Health Net and another with the County of Los Angeles. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB agreed with the WCJ's admission of error, concluding that based on Labor Code sections 5412 and 5500.5, only one cumulative trauma date of injury applies. This decision rescinds the previous award, finding that there was no compensable disability or wage loss during the Health Net employment to establish a separate injury date. The matter is returned to the trial level for further proceedings and a revised decision.

Workers' Compensation Appeals BoardMarly HarrisCounty of Los AngelesHealth NetAIGADJ4702604ADJ2539407ADJ593062ReconsiderationJoint Findings of Fact and Award
References
1
Case No. MISSING
Regular Panel Decision

Mauro v. General Motors Acceptance Corp.

The case addresses whether a secured party, General Motors Acceptance Corporation (GMAC), is liable for an assault committed by an independent contractor's employees, Anthony and Edward Russo from Tri-City Auto Recovery, during a vehicle repossession. Plaintiffs Maureen and John Mauro allege assault and battery, contending the repossession breached the peace. GMAC argued it was not liable due to Tri-City being an independent contractor. The court, citing UCC 9-503 and various precedents, ruled that the duty to repossess without a breach of the peace is nondelegable. Consequently, the motions for summary judgment by GMAC and Tri-City Auto Recovery, seeking dismissal of the complaint, were denied, establishing GMAC's potential liability for the actions of its independent contractor's employees.

RepossessionBreach of PeaceIndependent Contractor LiabilityUCC 9-503Nondelegable DutyAssault and BatterySummary JudgmentSecured TransactionsDebtor's RightsVicarious Liability
References
18
Case No. ADJ7479989
Regular
Dec 18, 2015

CARMEN ANDRADE vs. VISITING NURSE & HOSPICE CARE SANTA BARBARA, ILLINOIS MIDWEST INSURANCE COMPANY

The applicant sought reconsideration of a decision that allowed the defendant a credit against her workers' compensation award for her full third-party settlement recovery. The applicant argued the credit should be limited to her net recovery of $2,449.62. The Appeals Board granted reconsideration, finding the applicant failed to prove resolution of the defendant's credit rights. The Board amended the decision to defer the exact credit amount, remanding for further proceedings to determine its value. The September 29, 2015 decision was otherwise affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderThird Party CreditNet RecoveryLabor Code Section 3861Industrial InjuryCompromise and ReleaseLien ClaimEmployer Negligence
References
4
Case No. ADJ1416396 (OXN 0147357) ADJ7453200
Regular
Jul 08, 2011

, Applicant, RICHARD DAVIS, vs. , BOTTLING GROUP LLC dba PEPSI BEVERAGES COMPANY; SEDGWICK CLAIMS MANAGEMENT for OLD REPUBLIC,

This case involved an employee who sustained two industrial injuries, one from a third-party's negligence and another cumulative trauma injury. The employer sought to apply a credit for the employee's net third-party recovery against the total workers' compensation award. The Appeals Board denied the employee's petition for reconsideration, upholding the employer's right to this credit. This decision affirmed that a third-party credit can be applied even when industrial injuries are intertwined and awarded jointly, to prevent the employee from obtaining a double recovery.

Petition for ReconsiderationThird-Party CreditJoint and Several AwardDouble RecoveryCumulative InjurySpecific InjuryAgreed Medical EvaluatorUnapportioned Permanent DisabilityBenson v. Permanente Medical GroupBenson v. Workers' Comp Appeal Bd.
References
4
Case No. MISSING
Regular Panel Decision

Lodestro v. Upstate Milk Cooperatives, Inc.

Plaintiff sustained injuries during employment and received workers' compensation benefits from the New York State Insurance Fund (Fund). Subsequently, the plaintiff initiated a negligence action against defendants, which was settled for $20,000, despite the Fund having disbursed over $196,000 in benefits. The Supreme Court initially approved a distribution allocating approximately one-third of the net settlement to the plaintiff. However, the appellate court identified this as an error, citing legal precedent that dictates insurance carriers bear the full cost of recovery when the settlement amount is less than the compensation already paid. Consequently, the appellate court modified the original order, denying the plaintiff's share and increasing the Fund's recovery to $12,211.65.

Workers' Compensation LienSettlement DistributionAppellate ReviewSubrogationInsurance Fund RecoveryNegligence ActionEmployment InjuryNew York StateJudicial ErrorChautauqua County
References
2
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