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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
Dec 03, 2004

What Happened in Felix vs. Weber Metals Reconsideration?

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

The claimant, a former software engineer for IBM, sought extended unemployment insurance benefits under the Temporary Extended Unemployment Compensation Act of 2002 (TEUC-A) after her initial benefits were exhausted. The Unemployment Insurance Appeal Board reversed an Administrative Law Judge's decision and denied her application, ruling she was ineligible. Eligibility for TEUC-A benefits requires that airline-related employment ended due to specific events like reductions in service caused by the September 11, 2001 terrorist attacks, airport closures, or the military conflict with Iraq. The court found no basis to disturb the Board’s decision, as the claimant failed to demonstrate that her layoff due to 'lack of work' was directly attributable to any of the qualifying airline-related events specified in TEUC-A. The court also noted that certain documents offered by the claimant to support her assertion were outside the administrative record. Accordingly, the decision of the Board was affirmed.

Unemployment InsuranceExtended Unemployment CompensationTEUC-AAirline-related WorkersSoftware EngineerLayoffSeptember 11 AttacksIraq WarEligibility CriteriaAdministrative Law Judge
References
1
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

The New York State Employment Relations Board initiated a proceeding to enforce its order against Christ the King Regional High School, which mandated good-faith bargaining with the Lay Faculty Association and reinstatement of teachers. The School challenged this order on First Amendment grounds, specifically citing the Free Exercise and Establishment Clauses, arguing for an absolute exemption from the New York State Labor Relations Act. The Supreme Court and Appellate Division ruled in favor of the Board. The Court of Appeals affirmed these decisions, concluding that the Act, being a neutral and generally applicable regulatory measure, did not violate the First Amendment rights of the religious school in its labor relations with lay faculty. The court also upheld the reinstatement of teacher Gaglione, finding insufficient evidence of religious entanglement to preclude it.

First AmendmentFree Exercise ClauseEstablishment ClauseLabor LawCollective BargainingReligious SchoolsLay Faculty RightsEmployment DisputesJudicial ReviewAdministrative Order Enforcement
References
19
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case involves an appeal from an order that denied the appellant's motion to vacate and set aside an order issued by the State Labor Relations Board. Concurrently, the appealed order granted the motion of the State Labor Relations Board to compel the appellant's compliance with its provisions. The appellate court reviewed the decision and unanimously affirmed the order as it was appealed from. No further opinion was provided by the court.

AppealLabor RelationsBoard OrderMotion DenialAffirmationJudicial ReviewCompliance Order
References
0
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

Claimant was retained by Event Design Associates, Inc. (EDA) to transport furniture and event props for a party. While en route to a hotel during this assignment, claimant was involved in an automobile accident and sustained serious injuries. Subsequently, claimant applied for workers' compensation benefits, asserting an employer-employee relationship with EDA. The Workers' Compensation Board ruled in favor of the claimant, finding that an employment relationship existed. EDA appealed this decision. The Appellate Division affirmed the Board's ruling, concluding there was substantial evidence to support the finding of an employer-employee relationship, based on factors such as EDA's control over the work, method of payment, and right to terminate.

Workers' CompensationEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceControl TestAppellate ReviewAutomobile AccidentNew YorkWorkers' Compensation BoardTemporary Employment
References
4
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Nautilus Insurance Company sought a declaration that it was not obligated to defend or indemnify Matthew David Events (MDE) in a personal injury action brought by Timothy Shea. Shea, an employee of a subcontractor hired by MDE, was injured while working at an event planned by MDE. Nautilus disclaimed coverage due to MDE's failure to provide timely notice and an employee exclusion in the policy. The motion court denied Nautilus's summary judgment, finding the employee exclusion ambiguous. The appellate court reversed, holding that the employee exclusion, which broadly defined 'employee' to include those 'contracted for' the insured, clearly applied to Shea, an employee of MDE's subcontractor. The court concluded that Nautilus had met its burden in demonstrating the exclusion's applicability.

Insurance Coverage DisputeDeclaratory Judgment ActionEmployee Exclusion ClauseContract InterpretationSubcontractor Employee InjuryTimely Notice ProvisionSummary Judgment ReversalAppellate Court DecisionCommercial General Liability PolicyBodily Injury Claim
References
21
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The National Labor Relations Board sought a temporary injunction against Curley Printing Company, Inc. under Section 10(j) of the National Labor Relations Act, following unfair labor practice charges by Printing Pressmen Local 37 and Nashville Bookbinders Local 83. The court found reasonable cause to believe that Curley Printing engaged in unfair labor practices including retaliatory shift changes, layoffs, subcontracting, harassment, unlawful discharges of employees (Robert Proper, Clarence Nail, Garner Norfleet), and refusal to bargain in good faith after the Bookbinders' union victory. The court granted the injunction, compelling the company to cease these practices, bargain in good faith, and reinstate most of the affected employees, excluding Clarence Nail due to his other full-time employment and unionization purpose. The decision aimed to prevent the dissipation of union support pending the Board's final adjudication.

Unfair Labor PracticesTemporary InjunctionNational Labor Relations ActUnion BustingEmployee ReinstatementCollective BargainingShift ChangesLayoffsSubcontractingEmployee Harassment
References
3
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