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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Ficken v. Vocational Education & Extension Board of Suffolk

The petitioner sought review of her employment termination as a secretary by the Vocational Education and Extension Board of the County of Suffolk (VEEB) and requested reinstatement with back pay. She argued that she was discharged without the procedural protections afforded to civil servants under Civil Service Law § 75. VEEB contended that the petitioner was not covered by these protections. The Supreme Court ruled in favor of the petitioner, directing her reinstatement and back pay. The appellate court affirmed this decision, holding that the petitioner's position, though designated 'unclassified' by Suffolk County, did not fit any category under Civil Service Law § 35, thus classifying it as 'classified' and entitling her to § 75 protections. The court emphasized that the petitioner could not be denied these rights until a proper classification was established.

Civil Service LawEmployment TerminationReinstatementBack PayUnclassified ServiceClassified ServiceCivil Servant RightsDue ProcessArticle 78 ProceedingSuffolk County
References
5
Case No. MISSING
Regular Panel Decision
Feb 15, 1990

Narine v. Handler

Oduth Narine, an employee of Protection Systems Specialists, Inc., was injured while inspecting a ventilation system. Narine and his wife initiated a negligence action against his employer and co-employee Howard Handler, alleging failure to provide a safe workplace. The defendants sought summary judgment, claiming the suit was barred by the Workers' Compensation Law, given Narine had already received benefits. The Supreme Court denied their motion. On appeal, the order was modified; summary judgment was granted to Protection Systems Specialists, Inc. due to the exclusivity of Workers' Compensation benefits. However, the denial of summary judgment for Handler was affirmed, as questions of fact remained regarding his employment relationship.

NegligencePersonal InjurySummary JudgmentWorkers' CompensationExclusive RemedyCo-employee LiabilityFactual QuestionsAppellate ReviewEmployer LiabilitySafe Place to Work
References
5
Case No. MISSING
Regular Panel Decision
Dec 21, 1995

In re Jordan Rehabilitation Service, Inc.

Jordan Rehabilitation Service, Inc., providing medical and vocational rehabilitative services, appealed a decision by the Unemployment Insurance Appeal Board. The Board assessed additional unemployment insurance contributions, finding that specialists hired by Jordan were employees, not independent contractors, between 1989 and 1991. The court reviewed whether there was substantial evidence to support the Board's conclusion of an employer-employee relationship. Key factors included Jordan's control over recruitment, screening, compensation, billing, and contractual restrictions on specialists. Ultimately, the court affirmed the Board's decision, determining that Jordan exercised sufficient overall control to establish an employer-employee relationship and thus was liable for the contributions.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorRehabilitation ServicesLabor LawSubstantial EvidenceControl TestJudicial ReviewAdministrative Law JudgeDepartment of Labor
References
8
Case No. MISSING
Regular Panel Decision

Landon v. Kroll Laboratory Specialists, Inc.

This case addresses whether a drug testing laboratory can be held liable in tort to a non-contracting subject for negligent testing. The plaintiff, while on probation in Orange County, submitted an oral fluid sample that Kroll Laboratory Specialists, Inc., falsely reported as positive for marijuana. The lab allegedly used a lower cutoff level than recommended and failed to perform a confirmatory GC/MS test, leading to an extension of the plaintiff's probation. The Supreme Court initially dismissed the complaint, but the appellate court reversed, asserting that a duty of reasonable care exists due to the severe consequences of inaccurate drug test results on individuals' lives and the lack of market incentives for testing accuracy. The court concluded that the plaintiff's complaint adequately stated a cause of action for negligence.

Drug TestingNegligenceTort LiabilityForensic ToxicologyPrivity of ContractDuty of CareProbation ViolationFalse PositiveLaboratory StandardsCPLR 3211(a)(7)
References
101
Case No. ADJ6413644
Regular
Apr 24, 2009

JANICE HOWELL vs. NATIONAL MENTOR HOLDINGS, dba COLE VOCATIONAL SERVICES, administered by ESIS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not taken from a final order determining substantive rights or liabilities. The petition also sought removal, which was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. The underlying issues, such as an order compelling medical record production, are interlocutory procedural matters not subject to reconsideration. The Board adopted the WCJ's report and recommendation, denying both reconsideration and removal.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightRemovalWCJ Report and RecommendationStipulationsOrder Compelling Production of RecordsDiscovery ProcessPrivacy
References
11
Case No. ADJ11184599, ADJ11184523
Regular
Feb 24, 2020

Gregory White vs. Sky 2 Collision Corporation, Illinois Midwest Insurance Company, Inc., National Casualty Company

The Workers' Compensation Appeals Board denied Gregory White's petition for reconsideration of a $47\%$ permanent disability award. White argued he was permanently totally disabled due to vocational limitations, but the Board found substantial evidence supported his ability to benefit from vocational rehabilitation. The Board affirmed the Administrative Law Judge's finding that White was not permanently totally disabled and that his vocational expert's report was less persuasive than the defense vocational expert's. Issues regarding vocational costs were deferred pending a separate petition.

Cumulative traumaSpecific injuryLow back injuryLumbar spineBacterial infectionStreptoccocusLaminectomyPermanent disabilityVocational rehabilitationQualified injured worker
References
4
Case No. ADJ7422993
Regular
Apr 06, 2015

SHIRLEY LESCALLETT vs. WAL-MART, ACE AMERICAN INSURANCE, YORK RISK SERVICES

In this workers' compensation case, the applicant sought to select a pain management specialist as her primary treating physician. The employer's Medical Provider Network (MPN) did not have any pain management specialists within the 15-mile/30-minute access standard for primary physicians, though it did have specialists within a 30-mile/60-minute radius. The Appeals Board affirmed the WCJ's decision, holding that if an applicant chooses a specialist for their primary care, the MPN must provide at least three physicians of that specialty within a 15-mile/30-minute radius. Since the defendant's MPN failed to meet this standard for pain management specialists, the applicant was permitted to choose one outside the MPN. A dissenting opinion argued that the 30-mile/60-minute standard for specialists should apply, allowing the applicant to select a physician within that broader radius from the MPN.

MPNMedical Provider NetworkPrimary Treating PhysicianSpecialistAccess StandardsAdministrative Director's RulePain Management PhysicianGeographic RadiusLabor CodeWorkers' Compensation Appeals Board
References
3
Case No. MISSING
Regular Panel Decision
Nov 05, 1990

In re New York Archaeological Council v. Town Board of Coxsackie

This case involves an appeal from a Supreme Court judgment that dismissed petitioners' application, in a CPLR article 78 proceeding, to review a determination by the Town Board of Coxsackie. Petitioners sought to annul Local Law No. 6 and a negative declaration, which rezoned a 155-acre parcel from residential/agricultural to industrial for a warehouse facility by J-Mark Company, Inc. and Distribution Specialist, Inc. The Town Board, as lead agency under SEQRA, failed to require an Environmental Impact Statement (EIS) despite identifying potentially significant environmental impacts on a recognized archaeological district. The appellate court found the Town Board acted arbitrarily and capriciously by not taking the "hard look" required by SEQRA and by having insufficient time for independent investigation. Consequently, the judgment was modified, the petition granted to the extent of annulling Local Law No. 6 and the negative declaration.

Environmental LawSEQRAZoningLand UseEnvironmental Impact Statement (EIS)Negative DeclarationArchaeological SiteType I ActionArbitrary and CapriciousCPLR Article 78
References
11
Case No. ADJ9145724
Regular
Jun 01, 2015

ARZAGA, JOSE vs. CROWN AUTOMOTIVE, INC., AMTRUST NORTH AMERICA

This case involves an applicant seeking to select a pain management specialist outside his employer's Medical Provider Network (MPN). The applicant argued the MPN failed to provide a qualifying specialist within the required 15-mile/30-minute access standard for a primary treating physician. The Board denied the employer's petition for reconsideration, affirming the applicant's right to choose an out-of-network physician and reimbursement for investigative costs. The majority reasoned that the MPN must meet the closer access standard for a primary treating physician, even if that physician is a specialist. A dissenting opinion argued that a specialist, when chosen as a primary treating physician, should fall under the 30-mile/60-minute access standard for specialists.

Medical Provider NetworkMPNprimary treating physicianpain management specialistaccess standardAdministrative Director's Rule 9767.5investigative costsLabor Code section 5703Lescallett v. Wal-MartMartinez v. New French Bakery
References
2
Case No. 2024 NYSlipOp 01325 [225 AD3d 723]
Regular Panel Decision
Mar 13, 2024

Samperi v. City Safety Compliance Corp.

Plaintiff Salvatore Samperi was injured at a construction site when an outward swinging access gate hit him. He sued multiple defendants, including Northeast Interior Specialists, LLC, alleging Labor Law § 200 violations and common-law negligence. Northeast moved for summary judgment to dismiss these claims, which the Supreme Court denied. The Appellate Division, Second Department, affirmed the denial, ruling that Northeast failed to establish prima facie that it did not create the dangerous condition of the gate.

Personal InjuryConstruction AccidentLabor LawCommon-law NegligenceSummary JudgmentAppellate ReviewSafe Place to WorkDangerous ConditionSubcontractor LiabilityProximate Cause
References
14
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