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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2019 NY Slip Op 05367 [174 AD3d 1017]
Regular Panel Decision
Jul 03, 2019

Matter of City of Plattsburgh (Plattsburgh Permanent Firemen's Assn.)

The City of Plattsburgh, the appellant, appealed an order from the Supreme Court that denied its application to permanently stay arbitration with the Plattsburgh Permanent Firemen's Association. The dispute originated from a collective bargaining agreement (CBA) which stipulated a minimum staffing level of 36 firefighters and prohibited layoffs. When a firefighter retired, reducing the staff to 35, the City refused to fill the vacancy, citing financial reasons, leading the Firemen's Association to demand arbitration. The Supreme Court denied the City's application to stay arbitration and granted the Association's motion to compel. The Appellate Division reversed this decision, ruling that the disputed CBA provision was a job security clause. The court found that this clause did not explicitly demonstrate the City's intent to waive its right to reduce staffing for budgetary or economic reasons, thus violating public policy and rendering the dispute non-arbitrable. A concurring opinion further noted that the clause also violated public policy due to its unreasonable duration.

ArbitrationCollective Bargaining AgreementJob Security ClausePublic PolicyStaffing LevelsFirefighters UnionBudgetary ConstraintsAppellate DivisionCPLR Article 75Stay Arbitration
References
8
Case No. MISSING
Regular Panel Decision

In re the Guardianship of Lebron

This case involves an appeal concerning the permanent neglect of a child, Jason, placed in foster care in 1982 due to his parents' eviction and drug addiction. The Family Court found permanent neglect but dismissed the petitions, ruling the petitioner agency failed to demonstrate diligent efforts to strengthen the parental relationship. The appellate court affirmed the finding of permanent neglect, agreeing that the parents failed to plan for Jason's future or maintain regular contact. However, the court reversed the Family Court's finding on diligent efforts, concluding that the petitioner agency had, in fact, met its burden of proving diligent efforts despite the parents' chronic drug addiction and lack of cooperation. The court emphasized that an agency is not a guarantor of an uncooperative parent's success.

Permanent NeglectChild WelfareFoster CareParental RightsDiligent EffortsDrug AddictionRehabilitation ProgramsFamily Court AppealSocial Services LawParental Responsibility
References
9
Case No. MISSING
Regular Panel Decision

Gudz v. Jemrock Realty Co., LLC

The dissenting opinion, penned by Justice Manzanet-Daniels, argues against the permissibility of a class action concerning rent overcharges under the Rent Stabilization Law (RSL). The core contention is that the treble damages stipulated in RSL § 26-516 (a) constitute a mandatory "penalty" as defined by CPLR 901 (b), which explicitly forbids class actions for statutory penalties unless specific authorization exists. The dissent asserts that any waiver of these treble damages by a class representative is nullified by Rent Stabilization Code § 2520.13, as such a waiver would undermine the legislative intent to deter excessive rents and contravene public policy. Furthermore, the opinion posits that such a waiver compromises the adequacy of the class representative, potentially disadvantaging class members who might possess significant claims for treble damages.

Class ActionPenaltyTreble DamagesRent Stabilization LawCPLR 901 (b)Waiver of RightsAdequacy of Class RepresentativePublic PolicyStatutory InterpretationRent Overcharge
References
16
Case No. MISSING
Regular Panel Decision

Claim of Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
Case No. MISSING
Regular Panel Decision

Claim of VanDermark v. Frontier Insurance

In this workers' compensation appeal, the employer and its carrier challenged two decisions by the Workers’ Compensation Board concerning a claimant's permanent total disability. The claimant sustained a back injury in 1998 and was initially found to have a permanent partial disability. However, the Board later modified the award, concluding the claimant had a permanent total disability after August 2004, a finding supported by the testimony of her treating orthopedic surgeon despite conflicting medical evidence. The employer also contested the denial of their applications for reconsideration and/or full Board review, arguing insufficient evidence and an abuse of discretion. The appellate court affirmed the Board's decisions, deferring to its resolution of conflicting medical evidence and finding no arbitrary or capricious action in denying reconsideration, as no new evidence was presented.

Workers' Compensation LawPermanent Total DisabilityPermanent Partial DisabilityMedical EvidenceConflicting Medical OpinionsBoard's DiscretionReconsideration ApplicationFull Board ReviewAppellate ReviewSufficiency of Evidence
References
6
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. 2017 NY Slip Op 05774
Regular Panel Decision
Aug 30, 2017

Matter of Jessica U. (Stephanie U.)

The Chemung County Department of Social Services initiated proceedings to terminate Stephanie U.'s parental rights, alleging permanent neglect of her six children. Following a lengthy fact-finding hearing, the Family Court found five children permanently neglected, returned the oldest to the mother's care, ordered a one-year suspended judgment for two, and terminated parental rights for the three youngest children. Stephanie U. appealed this decision, challenging both the finding of permanent neglect and the termination of parental rights. The Appellate Division affirmed the Family Court's order, concluding that the Department had made diligent efforts to strengthen the parental relationship and that the mother had failed to adequately plan for her children's future. The court also determined that the termination of parental rights for the three youngest children was in their best interests, noting their stability in preadoptive homes.

Permanent NeglectParental Rights TerminationDiligent EffortsChild CustodyFamily LawAppellate ReviewBest Interests of ChildrenFoster CareSuspended JudgmentSocial Services
References
10
Case No. MISSING
Regular Panel Decision

Atlantic-Pacific Manufacturing Corp. v. Quinnonez

The employer sued two unions for damages and a permanent injunction, alleging a conspiracy to harm its business through unlawful picketing and other coercive acts. The unions engaged in continuous and often violent conduct, including physical altercations, obstruction of deliveries, and harassment, to pressure the employer despite one union lacking majority representation. The court found that the unions' actions, particularly the Seafarers', had an unlawful objective of coercing employees into joining the union, a violation of state labor law and the state constitution. Consequently, the court granted a permanent injunction prohibiting all picketing and associated unlawful conduct by both defendant unions due to the pervasive violence. However, the claim for damages against the union officers was dismissed because the complaint failed to allege that individual union members authorized or ratified the tortious acts.

InjunctionPicketingLabor DisputeUnlawful CoercionUnion LiabilityDamages DismissedState ConstitutionLabor LawCivil Practice ActEmployer Rights
References
6
Case No. MISSING
Regular Panel Decision

In re Victor WW.

This case involves an appeal from a Family Court order in Schenectady County that dismissed a petition to adjudicate the respondent's twin children as permanently neglected. The children were removed from the mother's care in 2008 after being injured by her paramour, and she admitted neglect due to untreated mental illness. The petitioner initiated permanent neglect proceedings in March 2011. The Family Court found that while the petitioner made diligent efforts, it failed to prove the mother did not plan for her children's future. The appellate court reviewed the decision, noting that Family Court did not fully address the domestic violence risk. However, the record shows the mother eventually completed a domestic violence program and ceased contact with the paramour, demonstrating meaningful steps to address the conditions leading to removal. The appellate court affirmed the Family Court's order, concluding that there was no clear and convincing proof that the mother substantially and continuously failed to plan for her children's future.

Permanent NeglectParental Rights TerminationChild WelfareDomestic Violence AwarenessMental Health TreatmentFamily Court AppealAppellate Division ReviewDiligent Efforts by AgencyParental Planning FailureSocial Services Law 384-b
References
14
Case No. MISSING
Regular Panel Decision

In re Patrick H.

This case involves an appeal stemming from an order of the Family Court of Tompkins County that adjudicated Patrick H. a permanently neglected child and subsequently terminated the parental rights of the respondent. The child's initial neglect adjudication in 1991 was based on findings that the respondent exposed him to sexual abuse. During the permanent neglect proceeding initiated by the petitioner, allegations were made that diligent efforts were exerted to strengthen the parent-child relationship, but the respondent failed to plan for the child's future, notably by not completing a sex offender treatment program or admitting to prior sexual abuse. The Family Court sided with the petitioner, leading to the termination of parental rights, a decision challenged by the respondent on appeal. The appellate court affirmed the Family Court's order, dismissing the respondent's arguments concerning the admission of the entire case file and the petitioner's alleged failure to make diligent efforts, concluding that the respondent's own actions hindered his access to necessary treatment.

Permanent NeglectParental Rights TerminationChild WelfareDiligent EffortsSex Offender TreatmentFamily CourtAppellate ReviewEvidentiary RulingsChild ProtectionTompkins County
References
10
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