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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Village of Ilion v. County of Herkimer

Justice Abdus-Salaam dissents in part from the majority's decision, which held that a withdrawal payment owed by the plaintiff, Village of Herkimer, to the County for an Abandonment Plan should be discounted to present value. The dissent argues that the withdrawal payment was a lump sum contractual obligation, calculated based on an actuarial estimate of future workers' compensation claims, but represented an immediate present loss to the County when the plaintiff failed to make the payment on the due date of December 31, 2005. Therefore, the dissenting judge contends that the trial court correctly declined to discount the damages award to present value, as it remedied a present loss. The dissent also distinguishes this contract dispute from tort cases where future damages are typically discounted, and affirms the trial court's decision to apply interest from the date of the breach.

breach of contractdamagespresent value discountworkers' compensationlump sum paymentactuarial estimatedissenting opinioncontractual riskinterest calculationNew York Law
References
4
Case No. MISSING
Regular Panel Decision
Mar 14, 2018

Midstate Fin. Co. v. Peoples

Midstate Finance Company appealed the Bankruptcy Court's confirmation of Justin and Cathy Peoples's Chapter 13 plan. The appeal centered on two main issues: the valuation of the debtors' property for the "best interest of the creditors" test and the failure to discount Chapter 13 plan payments to net present value. The District Court affirmed the Bankruptcy Court's property valuation, finding it was not clearly erroneous given the evidence considered. However, the court reversed on the second point, holding that Chapter 13 plan payments must be discounted to net present value when applying the best interest of the creditors test. The case was remanded to the Bankruptcy Court for further proceedings consistent with this opinion.

BankruptcyChapter 7Chapter 13Creditors' RightsDebtorsProperty ValuationBest Interest TestNet Present ValueHomestead ExemptionLiquidation
References
17
Case No. MISSING
Regular Panel Decision

Atlantic Casualty Insurance v. Value Waterproofing, Inc.

Atlantic Casualty Insurance Company sought a declaratory judgment that it had no duty to defend or indemnify Value Waterproofing, Inc. in an underlying breach of contract and negligence lawsuit. Value counterclaimed, requesting a declaration that Atlantic Casualty was required to defend and indemnify. The court granted Atlantic Casualty's request, finding that Value failed to provide timely notice of the claim, thereby prejudicing Atlantic Casualty's investigation capabilities. Additionally, the court ruled that Value's work on a commercial property was not covered by its residential-only roofing insurance policy, further justifying the denial of coverage.

Insurance disputeBreach of contractNegligenceDeclaratory judgmentTimely noticeCoverage exclusionCommercial General LiabilityResidential roofingPolicy interpretationPrejudice
References
46
Case No. MISSING
Regular Panel Decision
May 08, 1992

Theresa M. C. v. Utilities Mutual Insurance

The case involves an appeal by Utilities Mutual Insurance Company regarding an order from the Surrogate’s Court, Nassau County. This order had extinguished the company's Workers’ Compensation lien and mandated a payment of $74,700 for legal fees related to a third-party action settlement. The third-party recovery stemmed from a legal malpractice action concerning the estate of Frederic C., whose widow received workers' compensation benefits. The appellate court found that the Surrogate's Court erred by failing to discount the total estimated future Workers' Compensation benefits to their present value when calculating the deficiency and the carrier's equitable share of legal expenses. Consequently, the order was reversed, and the matter was remitted to the Surrogate's Court to determine the present value of future benefits using specified Workers' Compensation Law provisions and actuarial tables.

Workers' Compensation LienThird-Party ActionLegal MalpracticeSettlement ApportionmentLegal FeesPresent Value CalculationFuture BenefitsSurrogate's CourtAppellate ReversalRemittal
References
4
Case No. MISSING
Regular Panel Decision

Courtney v. Texas Employers' Insurance Ass'n

The case concerns an appeal from an award of attorney's fees in a worker's compensation suit. The appellant, Venita Courtney, challenged the trial court's use of the Widow's Pension Table instead of the 1978 Life Tables to calculate the present value of her future benefits for attorney's fees. She argued that the Widow's Pension Table was inaccurate and should not account for remarriage, especially since her future benefits were paid weekly without such a discount. The appellee, Texas Employers’ Insurance Association, contended that the Widow’s Pension Table was appropriate and cited case law supporting its use. The appeals court affirmed the trial court's decision, finding no abuse of discretion, as the appellant failed to present evidence discrediting the Widow's Pension Table or supporting the 1978 Life Tables at trial.

Workers' CompensationAttorney's FeesWidow's Pension TableLife TablesRemarriage ExpectancyLump Sum PaymentFuture BenefitsAbuse of DiscretionAppellate ReviewIndustrial Accident Board
References
6
Case No. MISSING
Regular Panel Decision
Sep 23, 1998

Rodgers v. 72nd Street Associates

This opinion details the court's application of CPLR article 50-B for structuring periodic payments of future damages awarded to plaintiffs Frank and Kathleen Rodgers. Following a jury verdict where the Rodgers prevailed in their accident claims against the defendant, the court addressed complex calculations for past and future pain and suffering, lost wages, and annuity losses, accounting for Mr. Rodgers' comparative negligence. Justice Solomon resolved disputes regarding the discounting of lump-sum future awards, determined attorney's fees on periodic payments, and established appropriate discount rates based on actuarial practices and Treasury note rates. The final judgment specifies the amounts for past and future damages, attorney's fees for future payments, and the present value of the annuity contract the defendant is required to purchase.

periodic paymentsCPLR article 50-Bfuture damagesattorney's feeslump-sum awardsdiscount ratesannuity contractcomparative negligencepersonal injurystructured settlements
References
9
Case No. MISSING
Regular Panel Decision

Roselli v. Hellenic Lines, Ltd.

This case involves a lawsuit under the Longshoremen’s and Harbor Workers’ Compensation Act concerning injuries sustained by the plaintiff while unloading a vessel owned by the defendant. An earlier memorandum opinion on August 18, 1980, resolved all issues except the amount of damages. The court determined damages by considering stipulated medical expenses of $3,884.63, past lost wages of $41,434.00, future lost wages of $253,094.40, and damages for pain and suffering (past $50,000, future $126,000). The award components for lost wages were adjusted for a 13% effective tax rate and then discounted to present value using a 6% discount rate, as were future pain and suffering damages. Finally, the total award was reduced by 75% due to the plaintiff's contributory negligence, resulting in a final award of $77,617.19 to be paid by the defendant.

Longshoremen's and Harbor Workers' Compensation ActDamages CalculationLost WagesPain and SufferingFuture Income TaxesDiscount RatePresent ValueContributory NegligenceMedical ExpensesFederal Court Jurisdiction
References
3
Case No. MISSING
Regular Panel Decision

Wood v. Firestone Tire & Rubber Co.

Anthony N. Wood, severely injured while employed by the Town of Stillwater Highway Department, settled a third-party action against Firestone Tire and Rubber Company for $1.1 million. The workers' compensation carrier, Saratoga County Self-Insured Plan, had a lien of over $63,000 for compensation and medical payments. Wood moved to apportion legal fees and expenses against the carrier's lien, arguing that the carrier's equitable share should consider the present value of estimated future benefits it would no longer have to pay, citing *Matter of Kelly v State Ins. Fund*. The Saratoga County Self-Insured Plan opposed, disputing the calculation of future benefits and arguing for consideration of potential future death benefits. The court, guided by *Kelly*, found the respondent's arguments lacked merit and applied a formula that included the lien amount plus the discounted value of future payments saved by the carrier. The court determined an equitable apportionment of $114,112.67, concluding that the offset exceeded the carrier's lien due to the substantial benefits the carrier received from the extinguishment of future obligations.

ApportionmentLegal FeesThird-Party ActionLien OffsetFuture Benefits CalculationEquitable ApportionmentSettlement ProceedsEconomist Expert WitnessPermanent DisabilityCarrier Liability
References
10
Case No. 10-CV-5255 (ERK)(LB)
Regular Panel Decision

Rosario v. Valentine Avenue Discount Store, Co.

Plaintiff Julian Rosario filed a collective action lawsuit against multiple discount stores and Raymond Srour, alleging unpaid overtime and minimum wages under the Fair Labor Standards Act and New York Labor Law. The plaintiff sought conditional certification of the collective action, production of potential opt-in plaintiffs' information, and authorization to circulate a notice of pendency. The court, presided over by Magistrate Judge Lois Bloom, granted the plaintiff's motion. The decision was based on a 'modest factual showing' that employees across several stores were subject to a common policy of wage and hour violations, despite initial concerns about the scope of the class and the definition of similarly situated employees. The court outlined specific modifications for the notice of pendency, including defining the class as 'non-managerial employees who performed work related to the receipt, stocking, or sale of merchandise, or general maintenance/cleaning of the store,' and also addressed the content and dissemination of the notice, and the production of employee information.

FLSANew York Labor LawWage and Hour DisputeOvertime CompensationMinimum WageCollective ActionConditional CertificationEmployee RightsEmployer LiabilityRetail Industry
References
26
Case No. 2019-08-1005
Regular Panel Decision
Oct 08, 2020

McGinnis, Barbara v. RANGE LINE DISCOUNT DELI

In this expedited hearing, Barbara McGinnis, a cook, sought medical and temporary disability benefits for injuries sustained in a fall at Range Line Discount Deli on July 20, 2019. Judge Amber Luttrell presided over the case, where Ms. McGinnis presented evidence of her injury and the employer's failure to provide a panel of physicians. The Court granted Ms. McGinnis's request for a panel of physicians and deemed her eligible to request limited medical benefits from the Uninsured Employers Fund due to Range Line's uninsured status. However, her petitions for temporary disability benefits and direct payment of past medical bills were denied at this time, citing insufficient evidence regarding the causal connection to the work injury and the reasonableness of the expenses.

Workers' CompensationFall InjuryUninsured EmployerMedical BenefitsTemporary DisabilityPanel of PhysiciansExpedited HearingCausationMedical RecordsCompliance
References
4
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