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

Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. ADJ4471046 (STK 0208353)
Regular
Feb 03, 2017

SHARON PADRON vs. FRITO LAY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) rescinded the original award due to concerns about exceeding statutory temporary disability limits and an unclear basis for the defendant's credit of $37,700.35. The WCAB found the award for temporary disability indemnity likely surpassed the 104-week statutory maximum under Labor Code section 4656(c)(1). Furthermore, the WCAB determined the credit calculation was not adequately supported by evidence, particularly regarding whether applicant contributed to disability plans and thus whether a proportional credit applied per *Fraide*. The case was returned to the trial level for further proceedings to clarify these issues and recalculate any permissible credit.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary Disability IndemnityCreditShort-Term DisabilityLong-Term DisabilityLabor Code Section 3751(a)Cumulative Trauma InjuryBilateral Knees
References
11
Case No. MISSING
Regular Panel Decision

Credit One Financial v. Anderson (In re Anderson)

Plaintiff Orrin Anderson, a debtor, had his credit card debt with Credit One discharged in bankruptcy, but the debt remained on his credit report as 'charged off.' Anderson reopened his bankruptcy case and filed a class action complaint against Credit One for alleged violations of the discharge injunction. Credit One moved to compel arbitration, strike class allegations, and dismiss for lack of subject matter jurisdiction, which the Bankruptcy Court denied. Credit One appealed the denial to compel arbitration as of right and sought leave to appeal the denials to strike class allegations and dismiss for lack of subject matter jurisdiction. The District Court denied Credit One's motion for leave to appeal, finding no basis for pendent appellate jurisdiction or interlocutory appeal for the additional issues.

Bankruptcy Discharge InjunctionClass Action WaiverSubject Matter JurisdictionInterlocutory AppealPendent Appellate JurisdictionArbitration AgreementFederal Statutory ClaimsContempt PowerPunitive DamagesInjunctive Relief
References
49
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. ADJ7309107
Regular
Dec 20, 2011

JENNA VISCUSO vs. PROVIDENT CREDIT UNION

In **Viscuso v. Provident Credit Union**, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed October 6, 2011. This grant was made due to statutory time constraints and an initial review indicating further study of factual and legal issues was necessary. The WCAB aims to gain a complete understanding of the record to issue a just and reasoned decision after reconsideration. All future communications are to be directed to the WCAB's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardPermissibly Self-InsuredStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersSan FranciscoCalifornia
References
0
Case No. 14-cv-4895
Regular Panel Decision

Municipal Credit Union v. Queens Auto Mall, Inc.

This case concerns a trademark infringement action brought by Municipal Credit Union (MCU) against Queens Auto Mall, Inc., a used car dealership, and its owner, Stylianou. The defendants were found to have willfully infringed MCU's distinctive service mark by prominently displaying an identical mark on their dealership's awning for several years. Despite multiple cease and desist letters, the defendants' delayed response led to a finding of willful infringement. The court awarded MCU $330,000 in statutory damages, $1,640.25 in court costs, and $70,612.50 in attorney’s fees. Additionally, a permanent injunction was issued to prevent the defendants from any further use of the plaintiff's service mark, aiming to deter future misconduct and compensate the plaintiff.

Trademark infringementWillful infringementStatutory damagesLanham ActAttorney's feesPermanent injunctionDefault judgmentConsumer confusionDisgorgement of profitsCredit union
References
31
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
Case No. MISSING
Regular Panel Decision
Oct 14, 1994

Podell v. Citicorp Diners Club, Inc.

Gary A. Podell initiated an action against several defendants, including Citicorp Diners Club and Citicorp Credit Services, alleging violations of the Fair Credit Reporting Act (FCRA) and state statutory and common law. Podell claimed these defendants reported erroneous credit information after an unauthorized third party obtained credit cards in his name and failed to pay debts. Diners Club and Credit Services moved to dismiss, contending they did not meet the FCRA definition of "credit reporting agencies" and the provided information was not a "consumer report." The court granted the motion, dismissing the federal FCRA claims with prejudice against the moving defendants. Subsequently, the court declined to exercise supplemental jurisdiction over Podell's remaining state law claims, dismissing them without prejudice.

Fair Credit Reporting ActFCRACredit ReportingConsumer ProtectionMotion to DismissSupplemental JurisdictionFederal JurisdictionState Law ClaimsCredit FraudCredit Report Accuracy
References
35
Case No. MISSING
Regular Panel Decision

Tikhonova v. Ford Motor Co.

Plaintiff Svetlana Tikhonova suffered catastrophic injuries in a car accident involving a vehicle driven by Alexey Konovalov, a Russian diplomat immune from direct suit. Tikhonova subsequently filed a claim against Ford Motor Credit Company, the registered owner, and Ford Motor Company, the long-term lessee of the vehicle, under Vehicle and Traffic Law § 388 (1) for vicarious liability. The defendants argued that the driver's diplomatic immunity should shield them from liability, citing precedents from workers' compensation and volunteer firefighter cases. However, the court rejected this argument, asserting that there is no public policy rationale or statutory scheme that warrants extending diplomatic immunity to unrelated third parties. Consequently, the court reversed the lower court's decision, denied the defendants' motion for summary judgment, and reinstated the plaintiff's complaint.

Vicarious LiabilityDiplomatic ImmunityVehicle and Traffic Law § 388Car Owner LiabilityMotor Vehicle AccidentStatutory InterpretationAppellate ReviewPublic PolicyWorkers' Compensation PrecedentFederal Drivers Act
References
17
Case No. MISSING
Regular Panel Decision

Beth V. v. New York State Office of Children & Family Services

Judge Rivera dissents from the majority's decision, arguing against crediting a settlement of statutory and constitutional civil rights claims against a workers' compensation award under Workers’ Compensation Law § 29 (4). The dissenting opinion contends that claims for harms independent of personal injuries, such as those related to a hostile workplace and gender-based discrimination, should not be subject to the carrier's statutory credit. Judge Rivera emphasizes that the Workers’ Compensation Law does not cover injuries to civil rights and that the global settlement of Beth V's federal lawsuit included claims beyond those compensated by workers' compensation. The dissent advocates for a reversal and remand to the Workers’ Compensation Board for a more comprehensive factual record.

Settlement CreditCivil Rights ClaimsWorkers' Compensation AwardDouble RecoveryFederal LawsuitHostile WorkplaceGender DiscriminationStatutory InterpretationDissenting OpinionPersonal Injury Claims
References
0
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