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

Case No. ADJ7813892
Regular
Oct 26, 2018

LEOBARDO GIJON (Deceased), CELEDONIA MARTINEZ (Widow), ESAU GIJON vs. ROBERT WAYNE ROBINSON, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns the fatal injury of Leobardo Gijon, who was run over by a backhoe on the property of uninsured employer Robert Wayne Robinson. The Workers' Compensation Appeals Board (WCAB) is reconsidering its prior decision that Gijon's death arose out of and occurred in the course of his employment (AOE/COE). The defendant argues the WCAB failed to adequately address the AOE/COE issue, contending Gijon was operating the backhoe for personal reasons. However, the WCAB found substantial evidence that Gijon's operation of the backhoe was authorized by the employer and reasonably contemplated by the employment, especially as it was to be considered payment for ongoing work. Therefore, the petition for reconsideration was denied.

AOE/COEUninsured Employers Benefits Trust FundDeceased employeeFatal injuryBackhoe accidentWelding workCompensable injuryCourse of employmentDual purpose doctrineZone of danger
References
22
Case No. MISSING
Regular Panel Decision

State v. New York State Public Employment Relations Board

The Communications Workers of America/Graduate Employees Union (CWA) petitioned the Public Employment Relations Board (PERB) to be certified as the bargaining representative for graduate and teaching assistants at State University of New York (SUNY) campuses. Initially, PERB's Director dismissed the petition, concluding that these assistants were not 'public employees' under the Taylor Law, applying a balancing test. PERB subsequently rejected this balancing test, establishing a new standard focused on the existence of a regular and substantial employment relationship not explicitly excluded by the Legislature. Under this new standard, PERB reversed the Director's decision, determining that graduate and teaching assistants are covered employees and constitute an appropriate bargaining unit. SUNY then initiated a CPLR article 78 proceeding to annul PERB's determination, arguing legal error in PERB's adopted test and that collective bargaining for academic issues violated public policy. The court upheld PERB's interpretation as reasonable and legally permissible, affirming PERB's determination and dismissing SUNY's petition.

Collective BargainingPublic EmployeesTaylor LawGraduate AssistantsTeaching AssistantsPublic Employment Relations BoardPERBCivil Service LawEmployment RelationshipPublic Policy
References
14
Case No. MISSING
Regular Panel Decision

In re the Claim of Finchum v. Colaiacomo

The Workers’ Compensation Board issued an amended decision ruling against further development of the record on the employer’s liability under Workers’ Compensation Law § 56, and later denied the employer's request for reconsideration. The claimant was involved in a serious automobile accident while driving for an uninsured employer, leading to complex proceedings where the employer sought to assign liability to a general contractor, Cleanway Industries, Inc., and its insurer, Travelers Insurance Company. The appellate court found that the Board abused its discretion by sua sponte rescinding its prior directive to further develop the record, particularly without a compelling reason or apparent regulatory authorization. The court noted that the issue of liability had been pending for years and there were potential reasonable excuses for the employer's absence at certain hearings. Consequently, the appellate court reversed the Board's decisions and remitted the matter for further proceedings consistent with its ruling.

Workers' Compensation LawBoard DiscretionAbuse of DiscretionRecord DevelopmentWaiver DefenseUninsured EmployerGeneral Contractor LiabilityInsurance CoverageAppellate ReviewRemittal
References
3
Case No. ADJ10864843
Regular
Nov 15, 2018

YOLANDA PLASCENCIA vs. HYUNDAI CAPITAL AMERICA, SOMPO AMERICA INSURANCE COMPANY

This case involves an applicant who sustained injuries after falling into a pothole on her employer's premises during a break. The applicant was in the process of switching vehicles with her daughter when the incident occurred. The defendant argued the injury was not AOE/COE, as the personal vehicle exchange served no employer benefit and the personal comfort doctrine did not apply. The Board denied reconsideration, adopting the WCJ's report which found the injury compensable under the personal comfort doctrine. The Board reasoned that it's reasonably contemplated for employees to access the employer's parking lot during breaks, and moving a personal car is a personal convenience incidental to employment.

AOE/COEPersonal Comfort DoctrineIndustrial InjuryCourse of EmploymentWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactWCJEmployer's PremisesPaid Break
References
2
Case No. MISSING
Regular Panel Decision

Claim of Murtaugh v. Bankers Trust Co.

Claimant filed a disability benefits claim for a non-work-related back condition. After an extended absence of 40 days, her employment was terminated by the employer, who cited her doctor's inability to provide a definitive return-to-work date. Claimant subsequently filed a discrimination complaint, alleging her discharge violated Workers' Compensation Law sections 120 and 241, which prohibit employer retaliation for claiming benefits. The Workers’ Compensation Board found that the employer violated the applicable law by terminating her employment. On appeal, the court affirmed the Board's decision, concluding that the employer's stated reason for termination was insufficient to distinguish it from a prohibited discriminatory discharge, and that the Board's finding was supported by substantial evidence.

DiscriminationRetaliationDisability BenefitsWorkers' Compensation LawTermination of EmploymentBack ConditionAbsence from WorkSubstantial EvidenceAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Claim of Barone v. Interstate Maintenance Corp.

Claimant, a New York resident, suffered a heart attack in May 1993 while working for an employer in New Jersey. After the Workers' Compensation Board established subject matter jurisdiction in 1996, the employer failed to appear for hearings, leading to Travelers Insurance Corporation being discharged and claimant receiving compensation. Ten years later, the employer and its president sought reconsideration and full Board review of the 1996 decision. The Board denied this application, prompting the employer's appeal. The appellate court affirmed the Board's denial, finding no abuse of discretion as the employer presented no new evidence or material change, nor did they apply within a reasonable time.

Reconsideration DenialFull Board ReviewSubject Matter JurisdictionUninsured Employers FundAppellate ReviewAbuse of DiscretionArbitrary and Capricious StandardNewly Discovered EvidenceTimeliness of ApplicationPersonal Jurisdiction Defense
References
8
Case No. MISSING
Regular Panel Decision

Claim of Craig v. Jefferson Auto Painting Co.

The claimant, an automobile sander and polisher, sustained eye injuries when a coemployee threw a chemical solution during an assault. The incident occurred after the claimant refused to participate in a false accusation against a foreman, leading to threats during working hours and the actual assault immediately after work, just outside the employer's premises. The Workers' Compensation Board determined the assault was work-connected and within the reasonable time and space limits of employment, thus finding the resultant disability compensable. The employer and its insurance carrier appealed, challenging the applicability of the proximity rule and the determination that the incident occurred in the course of employment. The appellate court affirmed the Board's decision, relying on the 'continued altercation rule' which allows recovery for work-connected quarrels extending beyond employment limits, and emphasized that an employee remains in the course of employment until a suitable opportunity to leave the workplace is provided.

Workers' CompensationAssaultWork-Connected InjuryEmployment ScopeContinued Altercation RulePremises LiabilityCoemployee MisconductDisability BenefitsAppealJudicial Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Haufler v. Cambrook Fabrics Co.

An outside salesman in New York City was injured when he tripped entering a cafeteria for lunch while on his way to a client. The employer and carrier appealed a decision awarding benefits, arguing the accident did not arise out of and in the course of employment. The board found no departure from employment, considering it a reasonable incident for an outside worker. The court, citing Matter of Relkin v. National Transp. Co., affirmed the decision, concluding the meal was sufficiently related to the time and place of work and the promotion of the employer’s business.

Workers' CompensationOutside SalesmanCourse of EmploymentMealtime InjuryAppellate DivisionAccident Arising Out of EmploymentDeviation from EmploymentWork-Related IncidentEmployer LiabilityAffirmed Decision
References
1
Case No. MISSING
Regular Panel Decision
Mar 25, 1992

Claim of Pratt v. Pratt Plumbing & Heating

The case involves an appeal from a Workers' Compensation Board decision denying an employer reimbursement for wages paid to a claimant during a period of disability. The employer's request for reimbursement was deemed untimely under Workers’ Compensation Law § 25 (4) (a) because it was not filed before the initial award of compensation. The employer argued that subsequent schedule awards should allow for reimbursement, but the Board maintained that the deadline was prior to the first award. The Appellate Division affirmed the Board's decision, finding its interpretation of the law to be rational and reasonable, upholding the requirement for timely filing of reimbursement claims.

ReimbursementWage PaymentsTemporary DisabilitySchedule LossTimelinessStatutory InterpretationAppellate ReviewBoard DecisionEmployer LiabilityDisability Benefits
References
3
Case No. MISSING
Regular Panel Decision

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
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