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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
Dec 21, 1995

In re Jordan Rehabilitation Service, Inc.

Jordan Rehabilitation Service, Inc., providing medical and vocational rehabilitative services, appealed a decision by the Unemployment Insurance Appeal Board. The Board assessed additional unemployment insurance contributions, finding that specialists hired by Jordan were employees, not independent contractors, between 1989 and 1991. The court reviewed whether there was substantial evidence to support the Board's conclusion of an employer-employee relationship. Key factors included Jordan's control over recruitment, screening, compensation, billing, and contractual restrictions on specialists. Ultimately, the court affirmed the Board's decision, determining that Jordan exercised sufficient overall control to establish an employer-employee relationship and thus was liable for the contributions.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorRehabilitation ServicesLabor LawSubstantial EvidenceControl TestJudicial ReviewAdministrative Law JudgeDepartment of Labor
References
8
Case No. MISSING
Regular Panel Decision
May 14, 2014

Forest Rehabilitation Medicine PC v. Allstate Insurance

Plaintiff Forest Rehabilitation Medicine PC sued defendant Allstate to recover $3,490 for no-fault medical benefits provided to assignor Tracy Fertitta. The core issue was the medical necessity of "Calmare pain therapy" (scrambler therapy), a novel treatment. The court conducted a bench trial, hearing expert testimony from both sides. Dr. Ayman Hadhoud, for the defense, argued the treatment was not medically necessary, not cost-effective, and essentially a form of physical therapy. Dr. Jack D’Angelo, for the plaintiff, countered that the therapy, though new, had FDA approval, was used by the military, and reduced the assignor's pain levels. Applying the Frye standard, the court found the evidence regarding Calmare scrambler therapy reliable and ruled it was medically necessary for Ms. Fertitta's pain management. Consequently, judgment was awarded to the plaintiff, Forest Rehabilitation Medicine PC, for $3,490 plus attorney's fees and interest.

No-Fault InsuranceMedical NecessityCalmare Pain TherapyScrambler TherapyNovel TreatmentFrye StandardExpert TestimonyPain ManagementFDA ApprovalCervical Radiculopathy
References
14
Case No. 2018 NY Slip Op 04542 [162 AD3d 878]
Regular Panel Decision
Jun 20, 2018

Lorde v. Margaret Tietz Nursing & Rehabilitation Ctr.

Thomas Lorde, a carpenter, was injured after falling from an inverted bucket while installing sheetrock at premises owned by Margaret Tietz Nursing and Rehabilitation Center. Lorde filed an action for personal injuries, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6), and moved for summary judgment on the Labor Law § 240 (1) claim. The Supreme Court, Kings County, denied his motion for summary judgment on the issue of liability. Lorde appealed this decision to the Appellate Division, Second Department. The Appellate Division affirmed the Supreme Court's order, concluding that Lorde failed to establish his prima facie entitlement to judgment as a matter of law, as his testimony raised triable issues of fact regarding the availability of safety devices and whether his own negligence was the sole proximate cause of his injury.

Personal InjurySummary JudgmentLabor Law § 240(1)Elevated Work SiteSafety DevicesProximate CauseWorker NegligenceAppellate ReviewConstruction AccidentFalling Accident
References
10
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. 2022 NY Slip Op 07367 [211 AD3d 1582]
Regular Panel Decision
Dec 23, 2022

Bregaudit v. Loretto Health & Rehabilitation Ctr.

Plaintiff Edison Bregaudit sought damages after slipping on ice at a facility owned by Loretto Health and Rehabilitation Center, which contracted Pro Scapes, Inc. for snow removal. Pro Scapes initially moved for summary judgment, arguing it owed no duty of care to the plaintiff, a motion initially granted by the Supreme Court. On appeal, the Appellate Division, Fourth Department, reversed parts of the lower court's decision. The Appellate Division found a question of fact existed regarding whether Pro Scapes negligently created or exacerbated the dangerous icy condition by using inadequate deicer, which could lead to refreezing. Consequently, the court denied parts of Pro Scapes' motion for summary judgment and reinstated the amended complaint and cross-claim for common-law indemnification against Pro Scapes.

Snow and IceSlip and FallPremises LiabilitySnow Removal ContractSummary JudgmentDuty of CareTort LiabilityExacerbated ConditionNegligenceRefreezing
References
16
Case No. 2021 NY Slip Op 00118 [190 AD3d 489]
Regular Panel Decision
Jan 12, 2021

Henry v. Split Rock Rehabilitation & Health Care Ctr., LLC

Plaintiff Ian Henry, an HVAC technician, was injured on January 24, 2014, at Split Rock Rehabilitation and Health Care Center, LLC, when a circuit breaker allegedly exploded. He was inspecting a newly installed rooftop air conditioning unit and was escorted to an electrical room by a Split Rock employee. Split Rock moved for summary judgment, arguing Henry's failure to turn off the power caused the incident, but Henry testified the power was already off. The Supreme Court, Bronx County, denied the motion, finding unresolved factual issues regarding the accident's cause and whether the risks were readily observable. The Appellate Division, First Department, affirmed the denial of summary judgment, concluding that material issues of fact remained for trial.

Summary JudgmentHVAC TechnicianWorkplace AccidentCircuit Breaker ExplosionMaterial Issues of FactObservable RisksNegligenceThird-Party DefendantAppellate ReviewPremises Liability
References
7
Case No. ADJ8300983
Regular
Apr 28, 2014

ALBERTO CHICO vs. ONEMOR, INC., dba McDONALD'S, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Appeals Board denied reconsideration for the Jacobs-represented lien claimants, upholding the disallowance of their liens due to a failure to prove industrial injury and insufficient evidence. However, the Board granted reconsideration for the Kauffman-represented lien claimants, rescinding the sanctions previously imposed. While agreeing that the Kauffman claimants also failed to prove injury, the Board found their conduct did not rise to the level of bad faith or frivolous tactics required for sanctions.

WCABlien claimantspetition for reconsiderationFindings and OrderOrder Overruling Objection and Imposing Sanctionsindustrial injuryprobative evidencesanctionsbad-faith actionsfrivolous
References
9
Case No. FICSUR060012
Regular Panel Decision

In re the Rehabilitation of Frontier Insurance

This opinion addresses the proposed plan of continued rehabilitation for Frontier Insurance Company, submitted by the Superintendent of Financial Services. The core legal question is whether surety claims are entitled to class two priority status under Insurance Law § 7434 (a) (1) (ii), which the Rehabilitator's plan sought to exclude from "Claims under Policies." The court concludes that surety claims are indeed "claims under policies" and thus are entitled to class two priority in liquidation, based on statutory text, legislative intent, and New York appellate decisions. Consequently, the court disapproved the Rehabilitator's plan because it provided less favorable treatment to surety claimants than they would receive in liquidation, contravening federal constitutional law principles. The matter is remitted to the Rehabilitator to propose a revised plan or apply for an order of liquidation.

Insurance LawRehabilitation ProceedingSurety BondsPriority ClassesLiquidationInsurance ContractsStatutory InterpretationFinancial ServicesInsolvencyClaims Prioritization
References
14
Case No. 2021 NY Slip Op 06800
Regular Panel Decision
Dec 07, 2021

Harris v. Pelham Parkway Nursing Care & Rehabilitation Facility LLC

Plaintiff Mariantha Harris appealed an order from Supreme Court, Bronx County, denying her cross motion for summary judgment dismissing an affirmative defense based on the exclusivity provision of the Workers' Compensation Law. The Appellate Division, First Department, reversed the order, granting Harris's cross motion. Harris successfully established prima facie that she was not an employee of Pelham Parkway Nursing Care and Rehabilitation Facility LLC at the time of her accident, but rather was solely employed by nonparty Clear Choice, P.C. The defendant failed to provide sufficient evidence to support its claim that Harris was its special employee, with its reliance solely on the plaintiff performing duties at its nursing home being insufficient. Additionally, the court found the doctrine of judicial estoppel inapplicable because plaintiff had not secured a judgment in her favor in the prior proceeding, and the defendant's prematurity argument was improperly raised for the first time on appeal.

Summary JudgmentExclusive RemedyEmployment StatusSpecial EmployeeSlip and FallJudicial EstoppelAppellate ProcedureCross MotionAffirmative DefenseClear Choice P.C.
References
6
Case No. MISSING
Regular Panel Decision

Thomas v. Keystone Silver, Inc.

This case addresses a motion to dismiss a complaint filed under Section 16b of the Federal Fair Labor Standards Act. The central issue is whether an ex-employee can initiate and maintain a representative action on behalf of other current employees who are members of a rival union, particularly when these employees did not consent to the action and it proceeds against their will. The court ruled that such a representative action cannot be sustained under these circumstances, citing concerns about consent, interests of the represented parties, and public policy. The motion was granted to strike all allegations pertaining to the representative character of the action, except for Harry Orfinger's individual claim.

Fair Labor Standards ActRepresentative ActionLegal Capacity to SueMotion to DismissEx-EmployeeUnion RepresentationClass ActionMultiplicity of ActionsPublic PolicyEmployee Rights
References
4
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