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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
Sep 28, 2004

In re Human Performance, Inc.

Human Performance, Inc., doing business as Woodstock Spa & Wellness, appealed a decision by the Unemployment Insurance Appeal Board. The Board had assessed Human Performance, Inc. for additional unemployment insurance contributions for massage therapists and aestheticians, classifying them as employees. Woodstock argued they were not employees. The court affirmed the Board's decision, finding that Woodstock maintained control over important aspects of the therapists' work, including setting fees, scheduling services, handling complaints, providing workers’ compensation coverage, and supplying the workspace, equipment, and supplies.

Unemployment InsuranceMassage TherapistsAestheticiansEmployer-Employee RelationshipWellness CenterDay SpaIndependent ContractorWorkers Compensation CoverageLabor LawAppeal Board Decision
References
1
Case No. MISSING
Regular Panel Decision

Speedway Home Improvement Co. v. Gourdine

Speedway Home Improvement Co. (Speedway), a licensed contractor, challenged a decision by the Department of Consumer Affairs (DCA) via a CPLR article 78 proceeding. Speedway had contracted with Mr. and Mrs. Hannon for home renovation, but after commencing work and receiving partial payments, abandoned the project due to alleged underestimation, demanding further price increases which the Hannons refused. The Hannons filed a complaint with DCA, which, after a hearing, found Speedway guilty of abandoning the contract without justification and awarded the Hannons $21,110. Speedway argued that the DCA hearing denied due process and that the award was arbitrary and excessive. The court, however, found that Speedway received due process, the DCA's decision was supported by substantial evidence, and the monetary award was not a disproportionate penalty but merely compensated the Hannons for expenses incurred in hiring a second contractor. Consequently, the court denied Speedway's petition and dismissed the proceeding.

CPLR Article 78Administrative ReviewConsumer ProtectionHome Improvement ContractBreach of ContractDue ProcessSubstantial EvidenceMonetary DamagesAgency DiscretionContract Abandonment
References
7
Case No. 2013-1461 K C
Regular Panel Decision
Mar 16, 2016

Performance Plus Med., P.C. v. Nationwide Ins.

This case involves an appeal by Performance Plus Medical, P.C., acting as an assignee, against Nationwide Ins. The plaintiff sought to recover assigned first-party no-fault benefits. The Civil Court had previously granted the defendant's motion for summary judgment, leading to the dismissal of the complaint. The Appellate Term affirmed this order, ruling that the defendant's timely verification request tolled the insurer's time to pay or deny the claim, thus rendering the plaintiff's action premature due to a failure to respond to the request. Additionally, the court found that the defendant had successfully demonstrated a prima facie case for denying claims related to the first cause of action based on the workers' compensation fee schedule, which the plaintiff failed to rebut.

No-fault benefitsSummary judgmentVerification requestInsurer's time to payPremature actionWorkers' compensation fee scheduleAppellate reviewCivil Court orderFirst-party benefitsAssigned claims
References
2
Case No. 2018 NY Slip Op 07391
Regular Panel Decision
Nov 01, 2018

Matter of Community Hous. Improvement Program v. Commissioner of Labor

The Appellate Division, Third Department, dismissed an appeal filed by the Community Housing Improvement Program against the Commissioner of Labor. The appeal sought to challenge a decision by the Industrial Board of Appeals regarding a minimum wage order for the building service industry. The court determined it lacked subject matter jurisdiction because the petitioner failed to properly file a notice of appeal with the court of original instance, which was the Industrial Board of Appeals, not the Appellate Division. Additionally, the petitioner failed to timely and correctly serve the notice of appeal on the respondent's counsel at the designated address. Consequently, due to the complete failure to comply with CPLR 5515, the appeal was dismissed.

JurisdictionAppeal ProcedureService of ProcessAppellate DivisionIndustrial Board of AppealsMinimum WageLabor LawCPLRNew York CourtsStatutory Interpretation
References
12
Case No. 2023 NY Slip Op 06288
Regular Panel Decision
Dec 07, 2023

Matter of Puccio v. Absolute Chimney & Home Improvement, LLC

Claimant Anthony Puccio, a masonry worker, was rendered paraplegic after falling from a roof in September 2019. He filed a workers' compensation claim against Absolute Chimney & Home Improvement, LLC, which the State Insurance Fund (SIF) initially accepted but later controverted, asserting claimant was a partner and not an employee, thus excluded from coverage. A Workers' Compensation Law Judge and the Board disallowed the claim, finding claimant was a profit-sharing partner/owner. Claimant appealed, arguing SIF failed to comply with Workers' Compensation Law § 21-a (3) and that the Board erred in its finding of no employer-employee relationship. The Appellate Division affirmed the Board's decisions, ruling that the statutory compliance issue was unpreserved and substantial evidence supported the Board's finding that claimant was a partner, not an employee.

Employer-Employee RelationshipPartnership StatusWorkers' Compensation BenefitsCoverage DenialProfit-Sharing AgreementTax Returns as EvidenceAdministrative ReviewReconsideration DenialJudicial Review of Board DecisionsSubstantial Evidence
References
8
Case No. 2023 NY Slip Op 02305 [216 AD3d 630]
Regular Panel Decision
May 03, 2023

Lochan v. H & H Sons Home Improvement, Inc.

Ashram Lochan sued H & H Sons Home Improvement, Inc., 82 S 4 Associate Limited Liability Company, and Hassan Haghanegi for personal injuries sustained from falling off an unsecured ladder while painting, alleging Labor Law violations. The Supreme Court granted the plaintiff's motion for summary judgment on liability against 82 S 4 Associate Limited Liability Company and, in effect, searched the record to award summary judgment against Hassan Haghanegi, denying the defendants' cross-motion to dismiss. The Appellate Division modified the order by deleting the award of summary judgment against Hassan Haghanegi, finding it improperly searched the record. However, it affirmed the grant of summary judgment against 82 S 4 Associate Limited Liability Company, concluding the plaintiff established a prima facie case and defendants failed to raise a triable issue. The court also affirmed the denial of the defendants' cross-motion, ruling they failed to establish the plaintiff was the sole proximate cause, a recalcitrant worker, or a volunteer.

Ladder AccidentPersonal InjurySummary JudgmentAppellate ReviewLabor Law § 240(1)Sole Proximate CauseRecalcitrant Worker DefenseUnsecured LadderConstruction Site SafetyWorker Fall
References
18
Case No. 2014 NY Slip Op 05405 [119 AD3d 831]
Regular Panel Decision
Jul 23, 2014

Cassidy v. Korik

This case involves an appeal and cross-appeal concerning a New York City firefighter's personal injury claims. The firefighter was injured responding to an incident at a house owned by defendant Larry Korik, where a chimney collapsed while defendant Bella Home Improvements was performing renovations. The plaintiff alleged violations of General Municipal Law § 205-a and common-law negligence against both defendants. The Appellate Division, Second Department, reversed the Supreme Court's partial denial of Korik's cross-motion, granting him full summary judgment on the General Municipal Law § 205-a claim. Additionally, the Appellate Division affirmed the dismissal of the negligence cause of action against both defendants, finding a lack of proof regarding creation or notice of a dangerous condition.

FirefighterPersonal InjurySummary JudgmentGeneral Municipal Law § 205-aGeneral Obligations Law § 11-106NegligenceChimney CollapseHomeowner LiabilityContractor LiabilityAppellate Review
References
10
Case No. 2022 NY Slip Op 01987
Regular Panel Decision
Mar 23, 2022

Chihuahua v. Birchwood Estates, LLC

Omar Rene Chihuahua was injured after falling from a scaffold while performing drywall work at a house owned by Birchwood Estates, LLC, with John Doyle as the general contractor and JMG Improvements, Inc., as the subcontractor. Chihuahua and his wife sued for personal injuries, alleging Labor Law violations. The Supreme Court granted summary judgment to plaintiffs against Birchwood and Doyle on Labor Law § 240 (1) and denied JMG's motion to dismiss based on Workers' Compensation. Plaintiffs then discontinued claims against JMG. The case proceeded to trial on cross-claims for common-law indemnification and contribution by Birchwood and Doyle against JMG, where the jury found Chihuahua was not JMG's employee. JMG's motion to set aside the verdict was denied. The Appellate Division dismissed JMG's appeal from the order and affirmed the judgment, finding the verdict was not against the weight of the evidence and the trial court's rulings were proper exercises of discretion.

Personal InjuryLabor LawScaffold AccidentWorkers' Compensation DefenseCommon-Law IndemnificationContributionJury Verdict ReviewAppellate ProcedureEvidentiary RulingsJury Charge
References
13
Case No. MISSING
Regular Panel Decision
Dec 27, 2017

Testa v. CareFusion

Stephen Testa, proceeding pro se, sued CareFusion alleging age discrimination under the ADEA and New York Labor Law. Testa, hired at 52 and terminated at 53, claimed his poor job performance was a pretext for age-based termination, citing a younger replacement and supervisor remarks about his "era" and "younger sales manager" skills. CareFusion moved for summary judgment, arguing Testa's termination was solely due to documented poor performance, including failure to meet sales objectives and Performance Improvement Plan requirements. The court found Testa's performance issues undisputed and ruled that the supervisor's alleged stray remarks, made months before termination, were insufficient to establish discriminatory intent. Consequently, the court granted summary judgment to CareFusion on the ADEA claim and dismissed the state law claims without prejudice, concluding Testa was fired for poor performance, not age.

Age DiscriminationADEASummary JudgmentEmployment DiscriminationWrongful TerminationPerformance ManagementPro Se LitigationPretext EvidenceBurden-Shifting FrameworkSupplemental Jurisdiction
References
69
Case No. MISSING
Regular Panel Decision

Trustees of the Mosaic & Terrazzo Welfare, Pension, Annuity & Vacation Funds v. High Performance Floors, Inc.

Plaintiffs, trustees of various employee benefit funds, brought this action under ERISA and LMRA to collect employer contributions from defendants HPF, Inc. and High Performance Floors, Inc. The plaintiffs alleged that HPF was an alter ego of, or single employer with, High Performance, aiming to evade obligations under a collective bargaining agreement. Following a non-jury trial, U.S. Magistrate Judge Steven M. Gold concluded that High Performance and HPF were indeed alter egos and constituted a single employer. This determination was based on compelling evidence of shared management, employees, operations, equipment, and a common business purpose, coupled with an intent to circumvent union obligations. Consequently, the court found the defendants jointly and severally liable for the unpaid contributions.

Alter Ego DoctrineSingle Employer DoctrineERISA EnforcementLMRA LitigationUnpaid Employer ContributionsCollective Bargaining Agreement BreachEmployee Benefit Fund ProtectionCorporate DisregardLabor Relations LawJoint and Several Liability
References
30
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