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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
Aug 19, 2010

In re Allen Children

The Department of Social Services (DSS) moved to reopen a trial to admit a certificate of conviction from Town of Sandy Creek Justice Court against the respondent father, Mr. Allen, for endangering the welfare of a child. The original neglect petition against Mr. Allen had been dismissed. The court considered factors for reopening a trial, including the sufficiency of the offer of proof, potential prejudice, and whether the evidence would add to the record. The court denied the motion, finding that while the conduct in both proceedings was similar and Mr. Allen had a full and fair opportunity to litigate in the criminal action, the conviction for endangering the welfare of a child did not, by itself, prove actual or imminent physical, emotional, or mental impairment to the child, which is a required element for a finding of neglect under Family Court Act § 1012(f)(i)(B). Therefore, the certificate of conviction lacked collateral estoppel effect and would not provide new evidence or add anything to the record.

Reopening TrialCollateral EstoppelNeglect PetitionChild EndangermentCertificate of ConvictionSufficiency of EvidenceFamily Court JurisdictionParental Minimum Degree of CarePrejudiceOffer of Proof
References
21
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision

Claim of Harris v. Phoenix Central School District

Claimant filed for workers' compensation benefits after an elbow injury on May 6, 2004, but notified his employer late, on June 11, 2004. A Workers' Compensation Law Judge disallowed the claim due to untimely notice and resulting prejudice to the employer, citing Workers’ Compensation Law § 18. The claimant did not appeal this decision to the Board. Over two months later, the claimant sought to reopen the case, requesting a hearing on excusing the late notice. The Board denied this request, noting the claimant's prior opportunity to litigate, his failure to seek initial Board review, and the absence of new evidence, in accordance with 12 NYCRR 300.14 [a]. This appeal challenges the Board's denial to reopen. The appellate court affirmed the Board's decision, concluding that the Board did not abuse its discretion, as its reasons were rational and supported by the record. The court further stated that the WCLJ's alleged errors were not properly before it due to the claimant's failure to seek Board review under Workers’ Compensation Law § 23.

Workers' CompensationLate NoticeEmployer PrejudiceBoard DiscretionJudicial ReviewReopening CaseAppellate AffirmationProcedural ComplianceNotice RequirementsClaim Disallowance
References
6
Case No. MISSING
Regular Panel Decision

New York State Police v. Charles Q.

A State Trooper, acquitted of criminal charges, had his criminal records sealed. His employer, the State Police (petitioner), subsequently sought to unseal these records for use in a disciplinary proceeding. The County Court initially granted the application to unseal. On appeal, the court reversed the County Court's order, ruling that the State Police, when conducting a disciplinary proceeding against one of its employees, is not acting as a 'law enforcement agency' under CPL 160.50 (1) (d) (ii) and thus has no statutory right to access sealed records. Furthermore, the court found that the petitioner failed to meet the 'compelling demonstration' required for exercising the court's inherent power to unseal records, as it did not demonstrate that other investigative avenues had been exhausted or were unavailable. Consequently, the application to unseal the records was denied.

Sealed recordsCriminal Procedure Law 160.50Disciplinary proceedingState TrooperPublic employerLaw enforcement agencyInherent court powerUnsealing recordsAppellate reviewAdministrative determination
References
6
Case No. MISSING
Regular Panel Decision

Claim of Ewing v. YMCA

Claimant, a kitchen worker, sustained a left leg injury in September 1989, leading to a schedule loss of use award in November 2001. After the last compensation payment, the claimant requested to reopen her case in October 2004, which was denied as it lacked grounds for reopening. A subsequent request in June 2005, supported by a March 2005 medical report indicating a worsened condition, led the Workers' Compensation Board to reopen the case and transfer liability to the Special Fund for Reopened Cases. The Special Fund appealed, challenging the Board's determination that the 2004 letter did not constitute a proper reopening application. The Court affirmed the Board's decision, finding substantial evidence supported that the 2004 letter lacked sufficient grounds for reopening, thus upholding the transfer of liability to the Special Fund based on the June 2005 request.

Reopened CasesSchedule Loss of UseWorkers' Compensation BoardSpecial FundMedical ReportLiability TransferAbuse of DiscretionAppellate ReviewWorsened Condition
References
10
Case No. MISSING
Regular Panel Decision

Claim of Guidice v. Herald Co.

Claimant filed for workers' compensation for bilateral carpel tunnel syndrome in August 2000, undergoing multiple surgeries and being cleared for work with a 15% schedule loss of use award. In March 2009, the employer's carrier sought to transfer liability to the Special Fund for Reopened Cases under Workers' Compensation Law § 25-a, which was granted by the Workers' Compensation Board. The Special Fund appealed, arguing that the statutory requirements were not met. While the court deemed the Special Fund's argument regarding the three-year rule unpreserved, it found merit in the contention that the record presented a factual question regarding whether claimant received an advance payment of compensation, given she worked with varying restrictions but potentially full wages. The court reversed the Board's decision, finding it lacked substantial evidence, and remitted the matter for further proceedings to determine if an advance payment of compensation was made.

Workers' CompensationCarpal Tunnel SyndromeSchedule Loss of UseSpecial Fund for Reopened CasesAdvance Payment of CompensationFactual QuestionSubstantial EvidenceRemittalAppellate DivisionOccupational Disease
References
7
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. MISSING
Regular Panel Decision

Claim of Korthals v. Valu Home Centers, Inc.

Claimant sustained back injuries in 2003 and 2009 while employed by Valu Home Centers, Inc. and Spectrum Human Services, respectively. A 2009 independent medical examination apportioned liability for her condition across both injuries and prior motor vehicle accidents. After claimant's 2011 back surgery, Spectrum's carrier requested further action, prompting Valu's carrier to seek a liability transfer for the 2003 claim to the Special Fund for Reopened Cases. The Workers’ Compensation Board approved this transfer, ruling no prior request to reopen the 2003 claim existed. The Special Fund appealed, contending the 2009 medical report served as an application to reopen. The court reversed the Board's decision, determining that the medical report submitted in 2009 indeed constituted a timely application to reopen the 2003 claim, thereby preventing liability transfer to the Special Fund.

Workers' Compensation LawSpecial Fund for Reopened CasesLiability ApportionmentClaim ReopeningIndependent Medical ExaminationWorkers' Compensation Board DecisionAppellate ReviewBack InjuryPrior InjurySeven-Year Rule
References
5
Case No. ADJ4245398 (GOL 0101151)
Regular
Feb 04, 2013

HEIDI KIRKWOOD vs. VERIZON CALIFORNIA, INC., AMERICAN HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order was procedural and not a final determination. The Board granted the defendant's petition for removal, rescinded the WCJ's order to reopen discovery, and returned the case for a decision based on the existing record. This action was taken because the discovery closure date had passed, no party requested further development of the record, and reopening would cause undue delay. The Board admonished the defendant for improperly titling their petition as one for reconsideration.

Petition for RemovalPetition for ReconsiderationWCJ OrderVacated SubmissionPsychiatric PQMEReevaluationDiscovery ClosureMandatory Settlement ConferenceSubstantial PrejudiceIrreparable Harm
References
10
Case No. ADJ4069151 (SFO 0480834) ADJ2187655 (SFO 0489284)
Regular
Jan 13, 2014

NICOLE PEDROIA vs. CONVENANT AVIATION SECURITY, CHARTIS CLAIMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the cases off calendar. The WCJ had allowed record development on applicant's amended claims, but discovery had previously closed at the mandatory settlement conference. The Board found no good cause to reopen discovery for new injury claims filed just days before trial, over nine years after the initial injury. The matters are returned to the trial level for setting, with the WCJ to determine if reopened record development is permissible.

Petition for RemovalOff Calendar OrderAmended ApplicationsDiscovery ClosureMandatory Settlement ConferenceDue DiligenceLabor Code section 5502(d)(3)Stipulated InjuriesReopening DiscoveryWCJ
References
0
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