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

Case No. 2022 NY Slip Op 00701
Regular Panel Decision
Feb 03, 2022

Matter of Martin (Trucking Support Servs., LLC--Commissioner of Labor)

Anthony Martin, a truck driver, filed for unemployment insurance benefits. The Department of Labor determined he was an employee of Trucking Support Services, LLC (TSS) and Distribution Cooperative Network of NY (DCN) under the New York State Commercial Goods Transportation Industry Fair Play Act. TSS and DCN contested this, arguing Martin was an independent contractor. The Unemployment Insurance Appeal Board affirmed the initial determinations, finding Martin to be an employee. The Appellate Division, Third Department, affirmed the Board's decision, concluding that TSS and DCN failed to overcome the statutory presumption of employment and that the Fair Play Act was not preempted by federal law.

Unemployment InsuranceIndependent ContractorCommercial Goods Transportation Industry Fair Play ActEmployee ClassificationLabor LawStatutory Presumption of EmploymentABC TestSeparate Business Entity TestFederal Aviation Administration Authorization ActPreemption
References
10
Case No. MISSING
Regular Panel Decision
May 15, 1990

Steel v. Steel

In this divorce action, the defendant mother sought pendente lite child support for their four children. Justice Phyllis Gangel-Jacob presided over the case, applying the newly effective Child Support Standards Act (CSSA) to determine the support amount. The court meticulously calculated the combined parental income, applied statutory deductions and percentages for income above and below $80,000, and apportioned child care and medical expenses. Recognizing the significant income disparity, the father was ordered to pay an annual sum of $53,212 for child support, along with 100% of the children's reasonable medical and dental expenses.

Child SupportPendente LiteDivorceCSSAIncome CalculationChild Care ExpensesMedical ExpensesStandard of LivingParental Income DisparityDomestic Relations Law
References
2
Case No. MISSING
Regular Panel Decision

Daniels v. Monroe County Child Support Collection Unit

This case concerns the priority of four liens against a $7,500 settlement received by Mr. Daniels. The liens include his attorney's charging lien, a workers' compensation lien by Legion Insurance, a child support lien by the Child Support Collection Unit for over $20,000, and a judgment lien by former landlord Robert Dykes. The court, presided over by Justice Andrew V. Siracuse, determined that the attorney's charging lien takes first priority based on logic and public policy, as the attorney created the fund benefiting all lienors. Legion Insurance's workers' compensation lien received second priority, as the Child Support Collection Unit had already had an opportunity to levy on the initial workers' compensation payments. The Child Support Collection Unit was placed third, and Robert Dykes's judgment lien was last. The court rejected arguments that CPLR 5242 (d) gave child support priority over statutory and charging liens in this specific context.

Lien PriorityAttorney's Charging LienWorkers' Compensation LienChild Support LienJudgment LienCPLR 5242 (d)Workers’ Compensation Law § 29Domestic Relations Law § 240Public PolicyEquitable Principles
References
2
Case No. MISSING
Regular Panel Decision

Coniglio v. Coniglio

This is a proceeding under New York's Uniform Support of Dependents Law (USDL) initiated to seek child support for Jennifer Coniglio from her father, the respondent. A hearing examiner initially recommended a bifurcated support order of $60 per week during the respondent's employment season and $25 per week during unemployment, based on his seasonal construction work. The respondent objected to these findings, challenging the court's jurisdiction due to a pre-existing divorce decree that included child support provisions. Judge Anthony F. Bonadio, referencing Lebedeff v Lebedeff and Nichols v Bardua, ruled that the USDL provides an additional remedy, not a modification, and affirmed the court's jurisdiction to determine support de novo, without being bound by the Supreme Court decree. Considering the approximate equal incomes of both parents, the court set a new support order for the respondent at $30 per week, to be paid through the support collection unit, and ordered him to maintain medical and dental insurance for Jennifer Coniglio as per the separation agreement.

Child Support EnforcementUniform Support of Dependents LawJurisdictional DisputeDe Novo DeterminationParental Financial ContributionSeasonal Employment IncomeUnemployment Benefits ConsiderationMedical Insurance ProvisionDivorce Decree InteractionSupport Collection Unit
References
5
Case No. MISSING
Regular Panel Decision

Mirrer v. Hevesi

The petitioner, a police sergeant for the Port Authority of New York and New Jersey, sought accidental and performance of duty disability retirement benefits after slipping from a fire truck due to foam on his shoes. The respondent Comptroller denied his applications, finding that the incident was not an 'accident' under the Retirement and Social Security Law, as slipping on foam was an inherent risk of his job duties, and that he was not permanently incapacitated from performing his duties. The court affirmed the Comptroller's determination, citing substantial evidence supporting both findings, including the resolution of conflicting expert medical opinions regarding permanent disability. Consequently, the petition was dismissed.

Disability Retirement BenefitsAccidental DisabilityPerformance of Duty DisabilityPolice SergeantFirefighting OperationsLa Guardia AirportSlip and FallInherent Risk of EmploymentCervical Spine InjuryExpert Medical Evidence
References
5
Case No. MISSING
Regular Panel Decision
Jul 15, 2004

Portlette v. Toussaint

The plaintiff appealed an order from the Supreme Court, Rockland County, which granted the defendants’ motion to dismiss the complaint for failure to state a cause of action regarding breach of a duty of fair representation, and denied the plaintiff's cross-motion for leave to serve an amended complaint. The appellate court affirmed the order, concluding that the complaint lacked sufficient factual allegations to support the claim. The decision cited several precedents to support the dismissal. Additionally, the plaintiff's other arguments were found to be without merit.

Breach of Duty of Fair RepresentationMotion to DismissAmended ComplaintAppellate AffirmationCivil ProcedureCPLR 3211Rockland CountySupreme CourtSufficiency of Pleadings
References
7
Case No. MISSING
Regular Panel Decision

Matter of Molloy v. DiNapoli

The petitioner, a correction officer, sought performance of duty disability retirement benefits after sustaining multiple left shoulder injuries across several work-related incidents. While the New York State and Local Employees’ Retirement System conceded permanent disability, the respondent Comptroller denied the application, concluding that the initial June 6, 2008 incident was not the proximate cause of the disability. Conflicting medical evidence was presented, with orthopedic surgeon Andrew Beharrie linking the disability to the 2008 incident, while independent medical examiner Bradley Wiener attributed the need for surgical intervention to subsequent incidents in 2009 and 2010. The Hearing Officer and Comptroller credited Wiener's opinion, noting the lack of immediate medical treatment after the first incident and the petitioner's return to full duty. The court affirmed the Comptroller's determination, finding it to be supported by rational, fact-based medical opinion and substantial evidence.

Disability RetirementPerformance of DutyCorrection OfficerShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationComptroller's DeterminationSubstantial EvidenceCPLR Article 78
References
6
Case No. CV-23-0221
Regular Panel Decision
Apr 25, 2024

In the Matter of the Claim of Annette Bosque

Annette Bosque, a home health care aide, sustained severe injuries, including a subarachnoid hemorrhage and spinal cord injuries, after falling in a patient's home. She filed a claim for workers' compensation benefits, which the employer, Prime Support Inc., and its carrier controverted. A Workers' Compensation Law Judge (WCLJ) found the injuries to be work-related and awarded benefits. The carrier appealed to the Workers' Compensation Board, which affirmed the WCLJ's decision. On further appeal to the Supreme Court, Appellate Division, Third Judicial Department, the carrier's arguments were rejected. The Court affirmed the Board's decision, finding it supported by substantial evidence and relying on the statutory presumption of compensability for unwitnessed or unexplained accidents occurring during the course of employment.

Workers' Compensation BenefitsAccidental InjuryCourse of EmploymentArising Out of EmploymentWorkers' Compensation Law § 21(1)Presumption of CompensabilityUnwitnessed AccidentEmployer's DefensesPrehearing Conference StatementSubstantial Evidence Review
References
12
Case No. MISSING
Regular Panel Decision

Waite v. American Airlines, Inc.

Plaintiff Basil Waite, a baggage handler for AMR Services Corporation (an independent contractor for American Airlines), suffered a personal injury to his arm on November 18, 1995, when it got caught in a conveyor belt at John F. Kennedy International Airport. He filed a personal injury action against American Airlines, Inc., alleging negligence and breach of duty to maintain a safe premises. American Airlines moved for summary judgment. The court considered theories of recovery including assumed specific duty, common law/statutory duty to maintain safe premises, common law/statutory duty to control work, and vicarious liability for inherently dangerous work. The court found that American Airlines did not breach any duties and the activity was not inherently dangerous. Therefore, American's motion for summary judgment was granted.

Personal InjurySummary JudgmentIndependent Contractor LiabilityPremises LiabilityNegligenceWorkers' Compensation ExclusivityBaggage Handling AccidentFederal Civil ProcedureNew York Labor LawVicarious Liability
References
26
Case No. MISSING
Regular Panel Decision

Matter of Huffer v. Nesconset Fire District

Ross Huffer, a volunteer firefighter, died in his sleep from hypertensive and atherosclerotic heart disease after responding to two calls and attending a drill. His wife, the claimant, filed for workers' compensation death benefits, alleging his death was causally related to his employment duties. The Workers’ Compensation Board denied the claim, a decision which was subsequently affirmed on appeal. The court found insufficient evidence regarding the specific duties Huffer performed on the day prior to his death, thus failing to meet the requirements for the statutory presumption under Volunteer Firefighters’ Benefit Law § 61. A physician's opinion supporting the claim was also dismissed for being based on assumptions and a lack of concrete information.

Volunteer FirefighterDeath BenefitsCausal RelationHeart DiseaseHypertensive Heart DiseaseAtherosclerotic Heart DiseaseStatutory PresumptionInsufficient EvidenceMedical OpinionWorkers' Compensation Law Judge
References
1
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