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

Case No. 91 B 10891
Regular Panel Decision

In Re Financial News Network Inc.

This memorandum decision addresses motions by Gibson, Dunn & Crutcher and Kramer, Levin, Nessen, Kamin & Frankel, counsel for the debtor (Financial News Network, FNN) and the equipment lessors committee respectively, seeking payment of prepetition fees in FNN's Chapter 11 bankruptcy case. Gibson, Dunn sought payment through the assumption of an employment agreement at a premium rate, while Kramer, Levin sought compensation under Section 503(b) for substantial contribution. The court denied Gibson, Dunn's motion, ruling that professional compensation is governed by Sections 327-330 of the Bankruptcy Code, not Section 365, and rejected the "doctrine of necessity" in this context. Kramer, Levin's motion for prepetition fees was also denied, without prejudice, as the court deemed the determination of "substantial contribution" premature and best addressed at the conclusion of the case.

Chapter 11Bankruptcy LawPrepetition FeesCounsel FeesExecutory ContractProfessional CompensationDoctrine of NecessitySubstantial ContributionDebtor-in-possessionBankruptcy Code Section 365
References
24
Case No. MISSING
Regular Panel Decision
Mar 17, 1983

Claim of Voutsinas v. 3818 Sunrise Highway, Inc.

This case is an appeal from a Workers’ Compensation Board decision filed on March 17, 1983. The employer's insurance broker advised them of the premium due for a workers' compensation policy from the State Insurance Fund. After a partial payment, the employer paid the balance by October 22, 1980. However, the State Fund attempted to cancel the policy, effective November 25, 1980, for non-payment. The Board concluded that the State Fund was estopped from canceling the policy, having accepted premiums through its agent. Despite the State Fund's contention that payments were for an earlier period, the record lacked documentary proof, and a subsequent refund raised doubt about any default. The Board's decision affirming the estoppel was upheld.

Workers' CompensationInsurance Policy CancellationEstoppelPremium PaymentState Insurance FundInsurance BrokerBoard DecisionAppealCoverage LapseDocumentary Proof
References
1
Case No. MISSING
Regular Panel Decision

Employers' Mutual Liability Insurance v. McLellan

This motion, brought by a plaintiff insurance carrier and Flying Tigers, Inc., sought to stay payment to defendant John Johnstone. The payment was awarded by Deputy Commissioner McLellan under the Longshoremen’s and Harbor Workers’ Compensation Act for the death of James M. Johnstone. Plaintiffs argued that the Deputy Commissioner's findings on dependency and jurisdiction were erroneous and that they would suffer irreparable harm without a stay due to no provision for repayment under the Act. However, the court found the application inadequate, citing insufficient facts, rebutted dependency claims, and legally insufficient assertions of irreparable injury. Consequently, the motion for a stay of payment was denied.

Longshoremen's and Harbor Workers' Compensation ActWorkers' CompensationStay of PaymentPreliminary InjunctionIrreparable HarmDependencyJurisdictionCompensation AwardPenalty for Non-PaymentInsurance Carrier
References
8
Case No. MISSING
Regular Panel Decision
Nov 12, 2003

Commissioners of State Insurance Fund v. Trio Asbestos Removal Corp.

This case involves an appeal from an order of the Supreme Court, Westchester County, concerning an action to recover unpaid workers' compensation insurance premiums. The plaintiff, an insurance fund, sought premiums from the defendant for policy periods between November 1993 and December 1996. The defendant moved for summary judgment, arguing that claims for estimated premiums for the periods from November 1993 to November 1996 were barred by the six-year statute of limitations, CPLR 213 (2). The Appellate Division modified the Supreme Court's order, agreeing that the claims for unpaid estimated premiums for those specific periods were time-barred. However, the court found that claims for final audit premiums issued after July 30, 1996, were not time-barred. Additionally, the Appellate Division granted summary judgment to the plaintiff, dismissing the defendant's counterclaim, on the grounds that such counterclaims against the State Insurance Fund are only cognizable in the Court of Claims.

Workers' Compensation InsuranceUnpaid PremiumsStatute of LimitationsSummary JudgmentCounterclaimInstallment PaymentsEstimated PremiumsAudit AdjustmentAppellate DivisionNew York Law
References
2
Case No. MISSING
Regular Panel Decision

Williams v. Glass

The petitioner, a paternal grandmother, sought foster care payments for three children who had been in her custody since July 30, 1988, following their placement by the Department of Social Services (DSS). DSS initially provided payments until July 29, 1988, but subsequently denied further funding, asserting that the foster care placement had automatically terminated. The court, in reviewing the Commissioner's determination, held that under the Interstate Compact on the Placement of Children (Social Services Law § 374-a), DSS, as the sending agency, retained jurisdiction and financial responsibility for the children. The court found that the voluntary 'discharge' of the children to the grandmother was an insufficient basis to terminate DSS's ongoing supervisory and financial responsibilities. Consequently, the Commissioner's determination denying foster care payments was annulled, and the petition seeking such payments was granted.

Foster careInterstate CompactSocial Services LawCPLR article 78Judicial reviewAnnulmentChild custodyFinancial responsibilityAgency responsibilityNew York law
References
4
Case No. MISSING
Regular Panel Decision

Claim of Joslin v. City of Albany Fire Department

The claimant appealed a Workers’ Compensation Board decision regarding the method of payment for his hearing loss benefits, specifically challenging the biweekly installment plan. The claimant argued that Workers’ Compensation Law § 49-bb, which governs occupational loss of hearing claims, mandated a different payment method. The court rejected this contention, asserting that Workers’ Compensation Law § 15 (3) (m), which covers schedule awards for hearing losses generally, and § 49-cc, which directs occupational loss of hearing compensation to align with § 15 (3), govern the payment. Consequently, the court affirmed that the claimant was entitled to biweekly scheduled payments, consistent with other schedule loss awards.

Hearing lossWorkers' CompensationOccupational diseaseSchedule awardBiweekly paymentsStatutory interpretationAppealCompensation benefitsWorkers' Compensation Board
References
2
Case No. MISSING
Regular Panel Decision
Jun 20, 1986

Claim of Foglia v. New York City Housing Authority

The claimant, a New York City Housing Authority police officer, sustained a compensable knee injury in 1974. The case was reopened in 1983 due to increased disability, and the Special Fund for Reopened Cases was put on notice for potential liability under Workers' Compensation Law § 25-a. The issue was whether there was an advance payment of compensation, which would relieve the Special Fund from liability. The claimant testified that he retired in 1983 but had been on limited duty performing clerical work at full salary since 1982 due to his injury. The Workers' Compensation Board determined that these full salary payments for lighter work constituted an advance payment of compensation. The court affirmed the Board's decision, finding substantial evidence to support the determination that an advance payment of compensation relieved the Special Fund from liability.

Workers' Compensation BoardAdvance PaymentSpecial FundReopened CasesDisabilitySchedule LossPolice OfficerLimited DutySubstantial EvidenceFactual Determination
References
2
Case No. MISSING
Regular Panel Decision

Claim of Marchese v. New York State Department of Correctional Services

Claimant, injured in October 1997, initially received full wages from their employer, then workers' compensation benefits after employment termination. Following an award of benefits in February 2000, a dispute arose regarding the payment of claimant's counsel fee. The Workers’ Compensation Board ruled that the fee should be paid in installments from continuing payments to the claimant, rather than from the portion reimbursing the employer. Claimant appealed this decision, arguing that continuing payments were subject to adjustment and thus not an award of compensation. The Appellate Division affirmed the Board's decision, emphasizing the Board's broad discretion under Workers’ Compensation Law § 24 and finding no unfairness in the payment method, as the award was sufficient to cover both employer reimbursement and the attorneys' lien.

Attorney FeesWorkers' Compensation LawLien on CompensationContinuing PaymentsBoard DiscretionAppellate ReviewEmployer ReimbursementAward Payment MethodStatutory InterpretationCounsel Fee
References
2
Case No. MISSING
Regular Panel Decision

Claim of Lachover v. C&A Builders, Inc.

The State Insurance Fund appealed a Workers' Compensation Board decision which held it was estopped from denying coverage of a workers' compensation policy to an employer. The dispute arose after the State Fund audited the employer's payroll, issued a bill for an additional premium, and later canceled the policy for non-payment despite the employer paying a renewal premium. The Board found the State Fund's actions, including failing to advise the employer about the application of the renewal payment to a prior balance, misled the employer into believing its insurance would continue. The Appellate Division affirmed the Board's determination, finding it supported by substantial evidence, thereby upholding the estoppel against the State Fund.

Workers' CompensationInsurance CoverageEstoppelPolicy CancellationPremium PaymentPayroll AuditAppellate ReviewWorkers' Compensation BoardSubstantial EvidenceMisleading Conduct
References
3
Case No. MISSING
Regular Panel Decision
Jun 14, 2005

Claim of Horton v. Salt

Claimant appealed a Workers' Compensation Board decision that reduced penalties against the employer and its carrier for late benefit payments. The Workers' Compensation Law Judge initially assessed a penalty of 20% of the late payments plus six $300 assessments. The Board agreed on late payments but reduced the penalty to only one $300 assessment, interpreting Workers’ Compensation Law § 25 (1) (e) as allowing a single $300 assessment per "instance" of application. The Court found the Board's interpretation not irrational but noted its inconsistency with prior Board decisions on similar facts without providing an explanation. Consequently, the Court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationLate Payment PenaltiesStatutory InterpretationAdministrative LawAgency PrecedentArbitrary and CapriciousJudicial ReviewRemandWorkers' Compensation BoardEmployer Obligations
References
6
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