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

Case No. 2020 NY Slip Op 00660
Regular Panel Decision
Jan 30, 2020

Matter of Jones v. General Traffic Equip. Corp.

Claimant Renford Jones, who sustained a work-related back injury resulting in a permanent partial disability, sought a hearing to modify his reduced earnings awards. The Workers' Compensation Law Judge (WCLJ) modified the awards. The employer, General Traffic Equipment Corp., and the State Insurance Fund (SIF) appealed the WCLJ's decision to the Workers' Compensation Board, but their application for Board review was denied due to alleged incompleteness, specifically the omission of the hearing date for their objection. SIF's subsequent application for reconsideration was also denied. The Appellate Division, Third Department, reversed the Board's decision, finding that SIF's response, which provided the exact time of the objection in the digital audio recording of the sole hearing, adequately met the regulatory requirements. The court remitted the matter to the Workers' Compensation Board for further proceedings consistent with its decision, dismissing the appeal from the denial of reconsideration as academic.

Workers' CompensationAdministrative ProcedureBoard ReviewRegulatory InterpretationAppellate ReviewProcedural Due ProcessWorkers' Compensation Law JudgeDigital Audio RecordingPleadings and MotionsDisability Benefits
References
9
Case No. 2019 NY Slip Op 04250 [172 AD3d 1851]
Regular Panel Decision
May 30, 2019

Matter of Stone v. Saulsbury/Federal Signal

Claimant Robert Stone, who suffered a work-related back injury in 2002 and was classified with a permanent partial disability, had his workers' compensation benefits suspended in 2016 following his incarceration for unlawful manufacture of methamphetamine. Upon his release in 2017, the workers' compensation carrier raised the issue of a Workers' Compensation Law § 114-a violation, alleging false statements or work performed while receiving benefits. Both the Workers' Compensation Law Judge and the Workers' Compensation Board found insufficient evidence to establish any work activity or false statements. The employer and its carrier appealed, arguing that claimant's criminal conduct constituted "work" under WCL § 114-a and challenging the Board's credibility determinations regarding hearsay testimony. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant did not violate Workers' Compensation Law § 114-a, as the elements of the crime did not require work to be performed, and the Board, as the sole arbiter of credibility, was free to disregard uncredited testimony.

Workers' Compensation FraudPermanent Partial DisabilityMethamphetamine ConvictionBenefit SuspensionBenefit ReinstatementWorkers' Compensation Law § 114-aSubstantial Evidence ReviewWitness CredibilityAppellate AffirmationCriminal Conduct and Benefits
References
4
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. MISSING
Regular Panel Decision
Oct 25, 1989

Claim of Moses v. City of New York Department of Traffic

On December 17, 1981, a claimant sustained a compensable injury while employed by the City of New York Department of Traffic. The employer paid the claimant for lost time and later sought reimbursement under Workers' Compensation Law § 25 (4). The claimant, who was on an extended leave of absence and serving as a union president, requested direct payment for the lost time, arguing she was no longer an employee. Both the Workers' Compensation Law Judge and the Board denied direct payment. The Board's decision, which was subsequently affirmed on appeal, reasoned that the claimant could still utilize her credited leave time upon returning to work or be compensated for it upon resignation.

Workers' CompensationLeave of AbsenceReimbursementDirect PaymentEmployer-Employee RelationshipAccrued Leave TimeWage ReimbursementUnion PresidentCompensable InjuryAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Oct 07, 1994

New York Air Brake Corp. v. General Signal Corp.

This case addresses a labor dispute concerning employee transfer rights between New York Air Brake Corporation and several unions (Local 761 and Local 761A), along with General Signal Corporation. Following an arbitration award that was not fully satisfactory to all parties, a settlement known as the 'Good Friday Agreement' was reached to modify and implement the award. Defendant Local 761 later objected to the enforcement of this agreement, raising questions about the court's jurisdiction and the parties' authority to settle. The District Court adopted the Magistrate Judge's recommendation, finding that the parties had the legal capacity to enter into an oral settlement agreement, which was enforceable, and thus approved the Good Friday Agreement, denying the motions to confirm the original arbitration award or remand to the arbitrator.

Labor DisputeSettlement EnforcementArbitration ReviewCollective Bargaining AgreementContract LawFederal Court JurisdictionOral SettlementEmployee RightsUnion RepresentationGrievance Resolution
References
19
Case No. MISSING
Regular Panel Decision

Pasqualini v. Sheet Metal Workers' National Pension Fund

This case involves principals of Zodiac Industries, Inc. (Carl, Ann, Frank Pasqualini, and Sarah Lido) who sued the Sheet Metal Workers’ National Pension Fund, the International, and Local 38 over pension service credits. The plaintiffs sought fifteen years of past service credit, which they claimed was promised to them to induce Zodiac to sign a collective bargaining agreement (CBA). The Fund denied these credits, citing plan rules. The Court, however, found that 'extraordinary circumstances' warranted applying the principle of estoppel against the Fund. The court ruled in favor of the four owner-members, declaring them entitled to fifteen years of past service credit and ordering the Fund to reconsider their pension applications. Claims brought by other employees and against the Sheet Metal Workers’ International Association and Local 38 were dismissed.

ERISAPension BenefitsPast Service CreditEstoppelCollective Bargaining AgreementUnion OrganizingContract EnforcementEmployee Benefit PlanFiduciary DutyDistrict Court
References
12
Case No. 2018 NY Slip Op 08227
Regular Panel Decision
Nov 29, 2018

Matter of Kelly v. New York State Workers' Compensation Bd.

In 2006, claimant Grace Kelly established a workers' compensation claim for an occupational disease. The State Insurance Fund (SIF) repeatedly sought to transfer liability to the Special Fund for Reopened Cases, which was denied by Workers' Compensation Law Judges. The Workers' Compensation Board affirmed these denials and assessed $500 penalties against both SIF and its counsel, Walsh and Hacker, for filing an application for review without reasonable grounds. Walsh and Hacker appealed the penalty imposed against them to the Appellate Division, Third Department. The Appellate Division found insufficient evidence to support the Board's finding that Walsh and Hacker's application lacked reasonable grounds, and therefore reversed the penalty against them, modifying and affirming the Board's decision.

PenaltiesAppellate ReviewSpecial Fund for Reopened CasesWorkers' Compensation Law § 25-aWorkers' Compensation Law § 114-aAttorney SanctionsAdministrative LawBoard DecisionJudiciary Law § 431
References
4
Case No. MISSING
Regular Panel Decision

Matter of Saratoga Skydiving Adventures v. Workers' Compensation Board

Saratoga Skydiving Adventures appealed a Workers’ Compensation Board decision upholding a stop-work order. The initial order was issued after an investigation revealed the company lacked workers' compensation coverage, with owner Bob Rawlins asserting his workers were independent contractors. Following a hearing, a Workers’ Compensation Law Judge denied Saratoga Skydiving's application to lift the order. The appellate court affirmed this denial, determining that substantial evidence supported the finding of an employer-employee relationship for pilots and jump instructors, given their integral role in the business and Rawlins' control over their work. Consequently, Saratoga Skydiving was required to maintain workers' compensation coverage for these individuals.

Workers' CompensationStop-Work OrderEmployer-Employee RelationshipIndependent ContractorSkydiving BusinessHazardous EmploymentUninsured Employers’ FundAppellate ReviewSubstantial EvidenceLabor Law
References
7
Case No. 532391
Regular Panel Decision
Nov 18, 2021

Matter of Richman v. New York State Workers' Compensation Bd.

Claimant, Rebecca Richman, appealed three decisions from the Workers' Compensation Board regarding her claim for a work-related right shoulder injury. She alleged a fall at work on January 19, 2018, but did not seek medical treatment for 19 months. A Workers' Compensation Law Judge initially established the claim, but the Board reversed, finding that Richman failed to submit sufficient, credible medical evidence to demonstrate a causally-related injury and denied her claim. The Board subsequently denied her application for reconsideration and/or full Board review. The Appellate Division affirmed the Board's decisions, concluding that the Board's finding of no causally-related injury was supported by substantial evidence and that the Board did not abuse its discretion in denying reconsideration.

Workers' Compensation ClaimCausation (Medical)Shoulder InjuryMedical Evidence SufficiencyBoard ReversalAppellate Division ReviewBurden of ProofCredibility of EvidenceOsteoarthritis DiagnosisDelayed Medical Treatment
References
8
Case No. MISSING
Regular Panel Decision
Aug 19, 1981

Blyer v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union

The National Labor Relations Board sought a preliminary injunction against the New York Coat, Suit, Dress, Rainwear, and Allied Workers’ Union, International Ladies Garment Workers’ Union (ILG) for alleged unfair labor practices under NLRA Section 8(b)(4)(D), related to picketing for a jobber’s agreement. The court examined the applicability of the garment-industry proviso in NLRA Section 8(e) to the alleged work-assignment dispute. It found that the Board's theory was novel and lacked sufficient factual findings. Considering factors like the ILG's initial lawful picketing, the employer's non-innocent status, and the desire to preserve the status quo, the court denied the injunction, concluding it would be inequitable and improper.

Labor LawUnfair Labor PracticePreliminary InjunctionNLRAGarment Industry ProvisoWork Assignment DisputeJobber's AgreementPicketingSecondary BoycottGarment Union
References
6
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