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

Case No. MISSING
Regular Panel Decision

Claim of Gianvecchio v. NYS Newark State School

This case involves an appeal by an employer and earner from a decision of the Workmen’s Compensation Board. The Board had ruled that the claimant, a volunteer worker, was entitled to compensation, computing her average weekly wage based on earnings from her regular, dissimilar employment. The appellate court found this application of subdivisions 1 and 2 of section 14 of the Workmen’s Compensation Law incorrect for an occasional worker. The court held that earnings from dissimilar regular employment cannot be used to calculate the average weekly wage for volunteer employment. Consequently, the decision was reversed, and the matter was remitted to the Workmen’s Compensation Board for a proper determination of the claimant's average weekly wage and a new award.

Volunteer WorkerAverage Weekly Wage CalculationWorkmen's Compensation LawDissimilar EmploymentRemittalOccasional WorkerAppellate ReviewBoard Decision ReversalCompensation EligibilityStatutory Interpretation
References
1
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

Claim of Schmeiser v. Wnuk

The claimant sustained an injury during her employment with an uninsured employer. The central legal question was whether her employment constituted 'covered employment' under the Workmen’s Compensation Law, particularly concerning the definition of a 'domestic worker' in section 3 (subd. 1, group 12). The employer contended the claimant was a governess and thus not a domestic worker. However, the claimant testified to regularly performing household duties such as cooking, washing dishes, and cleaning, presenting a question of fact. The Workmen’s Compensation Board resolved this factual dispute in favor of the claimant, finding her employment to be covered. The appeal from this decision and award was unanimously affirmed, with the court finding no prejudice to the appellant.

Workers' CompensationCovered EmploymentDomestic WorkerHouseworkUninsured EmployerAppealAffirmationGovernessQuestion of FactEmployment Definition
References
0
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. MISSING
Regular Panel Decision
Apr 10, 1989

Matos v. Michele Depalma Enterprises, Inc.

This case concerns an appeal arising from a motor vehicle accident on January 11, 1986, involving an employee, Noel D. Guneratne, and plaintiffs Dawn F. Carey, Christina M. Chevere, and Stephanie Brazee. Plaintiffs sought damages for negligence and wrongful death, arguing the defendant employer was liable under respondeat superior because Guneratne, while driving to work with the employer's cash receipts, was acting within the scope of his employment. The Supreme Court granted the defendant's motion for summary judgment, concluding that an employee commuting to work is generally not acting within the scope of employment. The Appellate Division affirmed this decision, holding that the "dual purpose" principle did not apply as the necessity for Guneratne's travel to work was not created by the business purpose of transporting cash, but rather by his regular commute, regardless of the receipts.

Respondeat SuperiorScope of EmploymentSummary JudgmentMotor Vehicle AccidentCommuting EmployeeNegligence DamagesWrongful Death ClaimAppellate Court DecisionDual Purpose DoctrineEmployer Liability
References
5
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision
Jul 19, 1984

Claim of Bennett v. G. O. Dairies, Inc.

A claimant was injured by gunshots after parking her car across the street from her workplace, where she regularly drove the store manager. She testified that she was paid from 7:00 a.m., and her transportation services for the manager were known and beneficial to the employer. The Workers’ Compensation Board ruled that her injuries arose out of and in the course of her employment, citing the presumption under Workers’ Compensation Law Section 21(1). The employer and its insurance carrier appealed, arguing she had not commenced employment duties or reached the premises. The court affirmed the Board's decision, finding ample basis to conclude her activities were job-related and that the presumption was not rebutted.

Workers' CompensationScope of EmploymentSpecial Errand ExceptionPresumption of CausationArising Out Of EmploymentCourse of EmploymentInjury en routeShooting IncidentEmployer BenefitPaid Travel Time
References
6
Case No. MISSING
Regular Panel Decision

Claim of Lashlee v. Pepsi-Cola Newburgh Bottling

The Special Disability Fund appealed a decision by the Workers’ Compensation Board concerning a claimant's average weekly wage calculation. The claimant, injured while employed by Pepsi-Cola, also had concurrent employment with Mid-Hudson Limousine Service, Inc. and Robert H. Auchmoody Funeral Homes, Inc. A Workers’ Compensation Law Judge (WCLJ) included Auchmoody as a concurrent employer, increasing the claimant's average weekly wage. The Fund argued that Auchmoody should not be considered a "covered" employer because there was no proof of workers' compensation insurance. The Workers’ Compensation Board affirmed the WCLJ’s decision. The appellate court affirmed the Board's decision, clarifying that "covered" employment under Workers’ Compensation Law § 14 (6) refers to an employer subject to the Workers’ Compensation Law, irrespective of whether they actually carried an insurance policy, and that the law must be liberally construed in favor of employees.

Workers’ CompensationConcurrent EmploymentAverage Weekly WageCovered EmploymentIndependent ContractorSpecial Disability FundInsurance PolicyLiberal ConstructionAppellate DivisionWCLJ Decision
References
4
Case No. MISSING
Regular Panel Decision

Claim of Fina v. New York State Olympic Regional Development Authority

The case involves a claimant who injured his leg while serving as a volunteer ski patroller. The Workers' Compensation Board initially ruled that an employer-employee relationship existed between the claimant and the New York State Olympic Regional Development Authority, despite the claimant's initial volunteer status being established without controversy. The Board's decision reversed a Workers’ Compensation Law Judge's determination that the claimant, a volunteer, was entitled to benefits based on his regular vocation as a self-employed engineer. On appeal, the court found insufficient evidence in the record to support the Board’s determination of an employer-employee relationship, noting that the Board relied solely on the claimant's testimony from a time when his volunteer status was undisputed. Consequently, the court reversed the Board's decision and remitted the matter for a review of the claimant's average weekly wage based on his volunteer status.

Employer-Employee RelationshipVolunteer StatusWorkers' Compensation BenefitsAverage Weekly WageSubstantial EvidenceScope of Board ReviewSki PatrolGore Mountain Ski CenterNew York State Olympic Regional Development AuthorityRemand
References
9
Case No. MISSING
Regular Panel Decision

Tri-State Employment Services, Inc. v. Mountbatten Surety Co.

The United States Court of Appeals for the Second Circuit certified a question to the New York Court of Appeals regarding whether a professional employer organization (PEO) may be a proper claimant under a labor and materials surety bond. Plaintiff Tri-State Employment Services, Inc., a PEO, provided employee leasing services to Team Star Contractors, Inc. for a construction project, covering payroll, taxes, and insurance. When Team Star failed to pay, Tri-State filed a claim with the surety, Mountbatten Surety Company, Inc., which was dismissed by the District Court. The New York Court of Appeals determined that a PEO's primary role as an administrative services provider and payroll financier creates a presumption that it does not provide labor for the purpose of a payment bond claim. The Court found that Tri-State failed to overcome this presumption by demonstrating sufficient direction and control over the workers. Consequently, the Court answered the certified question in the negative, ruling that Tri-State Employment Services, Inc. is not a proper claimant under the surety bond in the circumstances presented.

Professional Employer OrganizationSurety BondLabor and Materials BondClaimant StatusEmployee LeasingPayroll ServicesAdministrative ServicesConstruction ContractCertified QuestionNew York Law
References
16
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