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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

De Mayo v. Rensselaer Polytech Institute

The Workers' Compensation Board directed the Special Fund for Reopened Cases to pay a penalty to a claimant under Workers’ Compensation Law § 25 for failing to timely pay an award. The Special Fund appealed this decision, contending that the penalty provision applied only to employers or insurance carriers, not to them. The court, however, disagreed with the Special Fund's interpretation. Citing prior case law, the court held that the Special Fund, once liable for compensation benefits due to the passage of time, stands in the shoes of the carrier regarding the obligation to make timely payments. Therefore, the court affirmed the Board's decision to impose the penalty, emphasizing the legislative policy for prompt compensation payments to injured workers.

Workers' CompensationPenaltyTimely PaymentStatutory InterpretationSpecial FundReopened CasesInsurance CarrierAppellate ReviewStatutory ConstructionLegislative Intent
References
5
Case No. MISSING
Regular Panel Decision

King Street Patriots v. Texas Democratic Party

This appellate opinion addresses facial challenges to the constitutionality of various provisions within the Texas Election Code, brought by the King Street Patriots and individual appellants against the Texas Democratic Party and its officials. The appellants argued that sections pertaining to private rights of action, corporate contributions, and political committee definitions violated their First, Fourth, Eighth, and Fourteenth Amendment rights, or were unconstitutionally vague or overbroad. The trial court had granted summary judgment for the Texas Democratic Party, upholding the constitutionality of numerous provisions and declining jurisdiction over others. The appellate court affirmed the trial court's judgment, concluding that the challenged Election Code provisions were facially constitutional and concurring with the jurisdictional decisions regarding issues like officeholder definitions and criminal penalties. The court emphasized its adherence to the facial challenge framework, declining to expand prior holdings or consider as-applied challenges.

Election LawConstitutional LawFirst AmendmentFourth AmendmentEighth AmendmentFourteenth AmendmentDue ProcessPolitical ContributionsCampaign FinancePolitical Committees
References
49
Case No. MISSING
Regular Panel Decision

Claim of Schell v. Right

A claimant was injured in April 1993, establishing accident, notice, and causal relationship. Compensation was stipulated at $225 per week for physical disability. Later, a consequential psychiatric condition was affirmed, setting a higher payment rate of $358.73 per week from 1994. The workers' compensation carrier failed to pay this higher rate retroactively after the August 9, 2000 determination. A Workers' Compensation Law Judge imposed a penalty under Workers’ Compensation Law § 25 (3) (f) for this failure, but the Workers’ Compensation Board rescinded it due to a lack of sufficient evidence. The claimant appealed, arguing that the penalty provisions are self-executing and mandatory for late payments. The appellate court reversed the Board's decision, finding no substantial evidence to support the rescission, and remitted the matter for further proceedings, emphasizing the mandatory nature of the penalty for delayed award payments.

Workers' CompensationPenalty AssessmentLate PaymentRetroactive BenefitsPsychiatric DisabilityCarrier LiabilityMandatory PenaltyBoard ReversalAppellate ReviewRemand
References
3
Case No. 2025 NY Slip Op 03533 [239 AD3d 481]
Regular Panel Decision
Jun 10, 2025

MevRam Servs., LLC v. Quadrum Hospitality Group, LLC

This case concerns an appeal regarding a 'no-poaching' provision within staffing agreements between MevRam Services, LLC and Quadrum Hospitality Group, LLC, along with its affiliates. MevRam Services, LLC furnished employees to the Arlo hotels, and the agreement prohibited defendants from hiring these employees for a period. Defendants moved to dismiss MevRam's claims, arguing the provision violated the New York City Displaced Building Service Workers Protection Act (DBSWPA) and constituted unenforceable penalties. The Supreme Court denied the motion. The Appellate Division, First Department, affirmed the Supreme Court's order, concluding that the no-poaching provision did not violate the DBSWPA as employees were not displaced, and defendants failed to demonstrate any overriding public policy concerns or that the fees were penalties.

No-Poaching ClauseStaffing AgreementBreach of ContractLiquidated DamagesMotion to DismissDisplaced Building Service Workers Protection ActAppellate DivisionContract LawEmployment LawHotel Industry
References
3
Case No. MISSING
Regular Panel Decision

Vallecillo v. New York City Department of Corrections

Claimant's counsel, Gerarda M. Rella, appealed a Workers' Compensation Board decision that imposed two $500 penalties. The initial penalty stemmed from a venue request filed without reasonable grounds, seeking a hearing in White Plains despite the claimant residing in Brooklyn and working in Queens, for attorney convenience. The Board affirmed the Workers' Compensation Law Judge's denial of the venue change and the initial penalty. An additional $500 penalty was assessed for a frivolous appeal to the Board. The Appellate Division affirmed the Board's decision, concluding that Rella's venue request lacked justification and that the Board appropriately exercised its discretion in imposing both penalties, especially given Rella's prior awareness of venue rules in similar matters.

Workers' Compensation LawAttorney MisconductFrivolous AppealVenue RequestMonetary PenaltyAppellate ReviewJudicial DiscretionProcedural MotionNew York LawAdministrative Law
References
8
Case No. 2019-01-0122
Regular Panel Decision
Jun 27, 2019

Lowder, William v. XPO Logistics Freight, Inc.

William Lowder, a driver for XPO Logistics, developed hernias on January 2, 2019, after delivering solar panels. XPO Logistics initially denied the claim but later accepted it as part of an ongoing mediation process. Mr. Lowder then requested a 25% penalty for the late payment of temporary disability benefits, specifically temporary partial disability benefits. The Court assessed a $1,098.71 penalty against XPO Logistics under Tennessee Code Annotated section 50-6-205(b)(3)(A) for failing to pay temporary disability benefits within twenty days of having knowledge of Mr. Lowder's disability, rejecting XPO's arguments that the penalty only applied to temporary total disability benefits or required a finding of 'bad faith'.

Workers' CompensationPenalty AssessmentTemporary Disability BenefitsLate PaymentHernia ClaimStatutory InterpretationBad FaithTennessee LawEmployer LiabilityDisability Benefits
References
5
Case No. 2022-08-0195
Regular Panel Decision
Sep 02, 2022

Evans, Antron v. Family Dollar Stores, Inc.

Mr. Antron Evans requested a panel of psychiatrists, attorney's fees, and payment of a medical bill following a store robbery where he sustained a head injury. Family Dollar, the employer, contended he was not entitled to a psychiatric panel without a referral from an authorized physician, disputed the medical bill, and denied wrongfully denying the claim for attorney's fees. The Court denied Mr. Evans's requests for a psychiatric panel and payment of the emergency room bill, citing the statutory requirement of a panel physician's referral for psychiatric services and lack of proof for the medical bill. However, the Court granted his request for attorney's fees due to Family Dollar's five-month delay in timely initiating medical benefits. Additionally, Family Dollar was referred to the Compliance Program for potential penalties concerning the late filing of the First Report of Injury and the untimely provision of a panel of physicians.

Workers' CompensationMedical Benefits DenialAttorney's Fees GrantEmployer PenaltiesExpedited HearingPsychiatric ReferralStatutory InterpretationLate Claim ProcessingFirst Report of Injury DelayPost-Traumatic Stress
References
6
Case No. MISSING
Regular Panel Decision

VAW of America, Inc. v. United Steelworkers of America

Plaintiff VAW of America, Inc. sued United Steelworkers of America to vacate an arbitrator's award. The arbitrator had found that VAW had just cause to discipline an employee, Ms. Krom, but modified her 40.5-hour suspension to 12 hours. VAW argued the arbitrator exceeded authority by modifying the discipline, claiming VAW had exclusive rights under the collective bargaining agreement (CBA). The Union countered that the modification drew its essence from the CBA's 'just cause' provision, allowing the arbitrator to review the proportionality of the penalty. The court, citing precedent, ruled that the 'just cause' provision allowed the arbitrator to assess the reasonableness of the penalty, even without explicit language granting modification power. Consequently, the court denied VAW's motion to vacate and granted the Union's cross-motion to confirm the arbitrator's award.

Arbitration AwardLabor Management Relations ActCollective Bargaining AgreementJust Cause DisciplineArbitrator AuthorityJudicial Review of ArbitrationSummary Judgment MotionEmployee SuspensionInsubordinationContract Interpretation
References
23
Case No. MISSING
Regular Panel Decision

Claim of Voorhees v. Wal-Mart

This case concerns an appeal from a Workers’ Compensation Board decision regarding penalties for late benefit payments. The claimant suffered work-related injuries, and the carrier initially overpaid benefits. A Workers’ Compensation Law Judge subsequently awarded ongoing benefits and authorized recoupment of the overpayment. However, the carrier failed to make timely payments as ordered, leading to a penalty assessment under Workers’ Compensation Law § 25 (3) (f). The employer and carrier appealed, arguing the penalty was inequitable given the prior overpayment. The court affirmed the Board's decision, emphasizing the self-executing nature of the penalty provisions and the public policy of ensuring prompt payment of benefits.

Late Benefits PaymentPenalty AssessmentBenefit OverpaymentRecoupment of BenefitsSelf-Executing PenaltiesPrompt Payment Public PolicyAppellate AffirmationWorkers' Compensation Board DecisionBenefit Miscalculation
References
3
Case No. MISSING
Regular Panel Decision
Dec 20, 1990

United States v. County of Nassau

The case involves the United States and the State of New York (Regulators) moving to hold the County of Nassau and its Department of Public Works (Nassau) in contempt of a Consent Decree or to modify it, due to Nassau's failure to comply with sludge management milestones. Nassau cross-moved to compel payment from a trust account. The court found Nassau in violation of the Decree's provisions but denied the contempt motion because Nassau was paying stipulated penalties. The court also denied the Regulators' motion to modify the Decree by increasing penalties, citing that the existing penalties were agreed upon and additional fines would be punitive against taxpayers. Finally, the court denied Nassau's cross-motion for trust fund disbursement, supporting EPA's decision to withhold funds until Nassau complies with the Decree's construction requirements. The court affirmed that Nassau must pay stipulated penalties for the first day of non-compliance.

Environmental LawConsent DecreeSewage Sludge ManagementOcean Dumping Ban ActStipulated PenaltiesCivil ContemptContract InterpretationMunicipal LawTrust FundsEPA Enforcement
References
22
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