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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

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
Case No. MISSING
Regular Panel Decision

Grimmer v. Lord Day & Lord

This case is a class action brought under the Worker Adjustment and Retraining Notification Act (WARN Act) by former employees of the law firm Lord Day & Lord, Barrett Smith. The employees alleged that the firm violated the WARN Act by closing its offices without providing the required sixty days' advance notice. Lord Day asserted statutory exceptions, specifically the 'faltering company' and 'unforeseeable business circumstances' exceptions, as affirmative defenses. Plaintiffs moved for partial summary judgment, contending that Lord Day's notice was insufficient as it merely recited the language of a statutory exception without providing a 'brief statement of the basis' for reducing the notice period. The court agreed with the plaintiffs, ruling that simply citing a statutory exception is inadequate and that specific factual basis is required, thus granting the motion and striking Lord Day's affirmative defenses.

WARN Actplant closingmass layoffnotice periodunforeseeable business circumstancesfaltering company exceptionaffirmative defensessummary judgmentstatutory interpretationemployee rights
References
2
Case No. 2022 NY Slip Op 06518 [210 AD3d 1240]
Regular Panel Decision
Nov 17, 2022

Matter of Hoyt (Paul Revere Life Ins. Co.--Commissioner of Labor)

Paul Revere Life Insurance Company appealed decisions by the Unemployment Insurance Appeal Board, which found the company liable for unemployment insurance contributions for claimant William K. Hoyt Jr. and others. The Board determined that Paul Revere's contract with the claimant did not satisfy all seven requirements of Labor Law § 511 (21) and that the parties' conduct was inconsistent with the statutory exclusion, thus establishing an employment relationship under the common-law test. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that both the written contract and the parties' actual conduct must conform to the statutory provisions for an insurance agent's services to be excluded from the definition of employment. The court found substantial evidence supporting the Board's conclusion of an employment relationship, citing factors such as the claimant's work schedule, reporting requirements, and Paul Revere's training and oversight. The decision clarified that a mere 'verbatim inclusion or rote incantation' of the statutory provisions in a contract is insufficient if actual conduct contradicts them.

Unemployment InsuranceInsurance AgentsEmployment RelationshipCommon Law TestLabor Law § 511Statutory ExclusionAppellate ReviewUnemployment BenefitsInsurance Sales IndustryContractual Provisions
References
6
Case No. MISSING
Regular Panel Decision

Matter of Logan v. New York City Health & Hospital Corp.

The claimant, a medical surgery technician, initially reported a left knee injury after slipping on a wet floor on November 25, 2010. Nearly a year later, in September 2011, she filed a claim for additional injuries to her right knee, neck, back, and bilateral shoulders resulting from the same incident. A Workers' Compensation Law Judge initially disallowed these additional claims due to lack of timely written notice as per Workers’ Compensation Law § 18. However, both a Board panel and the full Workers’ Compensation Board subsequently excused the claimant's late notice, interpreting the statute to require employer knowledge of the accident, not each specific injury. The self-insured employer appealed, contending that "knowledge of the accident" should be construed as "knowledge of the injury," but the court affirmed the Board's decision, upholding the plain meaning and distinct statutory usage of "accident" and "injury."

Workers' CompensationNotice of InjuryTimely NoticeEmployer KnowledgeAccident vs. InjuryStatutory ConstructionPlain Meaning RuleLegislative IntentNew York LawAppellate Division
References
13
Case No. MISSING
Regular Panel Decision

Spurling v. Beach

Petitioner Michael Spurling, injured in an accident during his part-time employment, settled a third-party action for $35,000. He then sought and received a court order approving this settlement to preserve his rights to future workers' compensation benefits. The respondents, former owners of his part-time employer, appealed the approval order, challenging both subject matter and personal jurisdiction, as well as the petitioner's compliance with statutory requirements. The court affirmed the order, ruling that the lower court had proper jurisdiction, the application met statutory requirements through liberal construction, and the issuance of a nunc pro tunc order was valid, thereby rejecting all of the respondents' contentions.

Workers' Compensation Law § 29(5)Third-Party Action SettlementJurisdiction ChallengeStatutory ComplianceNunc Pro Tunc OrderAppellate ReviewPersonal Injury ClaimEmployer LiabilityDisability BenefitsCourt Procedure
References
3
Case No. MISSING
Regular Panel Decision
Apr 21, 1980

Claim of D'Anna v. Parker Watch Corp.

This case involves an appeal from a Workers’ Compensation Board decision, filed April 21, 1980, which determined that a workers' compensation insurance policy issued by St. Paul Fire & Marine Insurance Company was in effect on October 8, 1975, the date the claimant was injured. The carrier argued that the renewal policy was rejected by the employer and thus not in effect, negating the need for statutory cancellation notice under Workers’ Compensation Law § 54(5). The court, however, affirmed the Board's finding, reiterating that an unsolicited renewal policy requires the carrier to prove no contract of insurance came into existence. Failing this, strict compliance with statutory cancellation requirements is mandatory. The court concluded that the carrier failed to meet its burden of proof.

insurance policy cancellationrenewal policystatutory noticeburden of proofcontract formationinsurance liabilityappellate reviewWorkers’ Compensation Law Section 54(5)employer-employee relationshipclaimant rights
References
1
Case No. MISSING
Regular Panel Decision

Local Union 1566, International Brotherhood of Electrical Workers v. Orange & Rockland Utilities, Inc.

Orange and Rockland Utilities, Inc. appealed an order dated December 18, 1985, from the Supreme Court, Rockland County, which had granted the petitioner union's application to vacate an arbitration award. The arbitration stemmed from the employer's disability payment procedure requiring employees to submit claims for statutory benefits to qualify for sick-leave payments, a policy the union grieved. The arbitration board denied the grievance, interpreting the collective bargaining agreement to support the employer's procedure. However, the Supreme Court vacated the award, finding the board exceeded its authority by modifying the contract. The appellate court affirmed the order, concluding that the arbitration board indeed exceeded its expressly limited powers by effectively rewriting the collective bargaining agreement, which contained no provision requiring employees to submit statutory disability claims for sick-leave benefits.

ArbitrationCollective Bargaining AgreementSick Leave BenefitsDisability Benefits LawVacatur of Arbitration AwardArbitrator AuthorityContract InterpretationNew York LawAppellate ProcedureEmployer Policy
References
8
Case No. MISSING
Regular Panel Decision

Ellicott Group, LLC v. State of New York Executive Department Office of General Services

This case addresses whether the State of New York Executive Department Office of General Services (OGS) had the authority to include a provision in its lease agreements requiring a plaintiff, a private entity, to pay prevailing wages to certain workers. OGS implemented this policy to resolve ambiguities regarding the application of prevailing wage laws to projects potentially involving "public work," even when such work might not technically meet the statutory definition. The plaintiff, a private landlord, challenged this requirement in a declaratory judgment action, arguing that OGS exceeded its statutory authority and violated the separation of powers doctrine. The Supreme Court granted summary judgment for the plaintiff, declaring the prevailing wage clause unauthorized and enjoining OGS from mandating its inclusion. The appellate court affirmed this judgment, concluding that OGS, as an administrative body, usurped the legislative function by defining the parameters of when prevailing wages should be paid, a role reserved for the Legislature.

Prevailing Wage LawSeparation of PowersExecutive AuthorityLegislative FunctionPublic Work ContractLabor Law Article 8Labor Law Article 9Lease AgreementGovernment ContractsAdministrative Law
References
9
Case No. MISSING
Regular Panel Decision

Claim of Brogan v. Ford Motor Co.

In this case, a claimant, an employee of Ford Motor Company, sought benefits for occupational hearing loss, which the Workers' Compensation Board awarded based on newly adopted regulations (12 NYCRR part 351) effective October 1, 1980. Ford Motor Company appealed the board's decision, challenging the validity of these regulations and the procedures followed for their adoption. Ford contended that a public hearing was required under Labor Law § 29, that the regulations failed to account for presbycusis (age-related hearing loss), that the special committee exceeded its statutory membership limit, and that the adoption process was unconstitutional. The court rejected all of Ford's arguments, ruling that Workers' Compensation Law § 49-gg superseded the Labor Law's hearing requirement, upholding the board's discretion regarding presbycusis, confirming the committee's adherence to statutory limits, and finding that the board acted within its delegated constitutional authority. Consequently, the court affirmed the board's decisions.

Occupational Hearing LossWorkers' CompensationRegulatory ChallengePresbycusisLabor LawWorkers' Compensation LawAdministrative ProcedureStatutory InterpretationConstitutional LawDelegation of Authority
References
4
Case No. ADJ1220987 (SJO 0262634)
Regular
Nov 17, 2010

RICHARD GILLISPIE vs. PLASTECH, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) appealed an award of benefits to an applicant with a pre-existing disability, arguing a subsequent industrial back injury did not cause pathology in the opposite leg as required by statute. The Appeals Board affirmed the award, finding that Labor Code section 4751 only requires the subsequent injury to "affect" the opposite member, not necessarily cause direct pathology. Evidence showed the applicant's low back injury caused verified radiculopathy and impaired leg function, meeting the statutory requirement. The Board found SIBTF's legal arguments unpersuasive and the WCJ's findings supported by substantial evidence.

Subsequent Injuries Benefits Trust FundLabor Code section 4751industrial injurylow backradiculopathypermanent disabilityopposite and corresponding memberpathologyAMA GuidesDRE category III
References
2
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