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

Case No. 79 Civ. 1536, 79 Civ. 1570
Regular Panel Decision

Iberia Air Lines v. National Mediation Board

Iberia Air Lines moved for summary judgment seeking a declaration that it lawfully changed employee terms on February 23, 1979, after negotiations with the IAM deadlocked. The core issue was whether the IAM's request for mediation to the National Mediation Board (NMB) was timely under the Railway Labor Act (RLA) Section 6, which mandates a ten-day window for such requests after conference termination. The NMB's offices were intermittently closed due to a federal holiday and a snowstorm, and the IAM's formal request was received after the ten-day period. The court granted Iberia's motion, ruling that the RLA's plain language allows carriers to implement changes if mediation services are not invoked within the specified ten days, rejecting the government's arguments for an extended status quo or tolling of the period due to unforeseen closures or a mere telephone call.

Railway Labor ActNational Mediation BoardCollective BargainingLabor DisputeSummary JudgmentUnilateral ChangeStatus QuoTimelinessStatutory InterpretationAir Carrier
References
9
Case No. 2018 NY Slip Op 07391
Regular Panel Decision
Nov 01, 2018

Matter of Community Hous. Improvement Program v. Commissioner of Labor

The Appellate Division, Third Department, dismissed an appeal filed by the Community Housing Improvement Program against the Commissioner of Labor. The appeal sought to challenge a decision by the Industrial Board of Appeals regarding a minimum wage order for the building service industry. The court determined it lacked subject matter jurisdiction because the petitioner failed to properly file a notice of appeal with the court of original instance, which was the Industrial Board of Appeals, not the Appellate Division. Additionally, the petitioner failed to timely and correctly serve the notice of appeal on the respondent's counsel at the designated address. Consequently, due to the complete failure to comply with CPLR 5515, the appeal was dismissed.

JurisdictionAppeal ProcedureService of ProcessAppellate DivisionIndustrial Board of AppealsMinimum WageLabor LawCPLRNew York CourtsStatutory Interpretation
References
12
Case No. MISSING
Regular Panel Decision
Aug 30, 2001

Claim of Amicola v. New York Telephone Co.

Claimant, an employee of New York Telephone, sustained a low back injury in December 1992 and underwent disc repair surgery. After returning to light duty, he experienced increased back pain, and despite his physician's direction to stop working, he applied for an early retirement incentive program in May 1994, which was granted the following month. The Workers’ Compensation Board subsequently reversed a WCLJ decision, ruling that the claimant voluntarily withdrew from the labor market due to his early retirement. The Court affirmed the Board's determination, finding substantial evidence to support that the claimant elected to retire, influenced by a significant financial incentive, despite his injury. The decision emphasized that the availability of workers' compensation benefits would not cease with retirement, further supporting the voluntary nature of his withdrawal.

Workers' CompensationVoluntary WithdrawalLabor MarketEarly RetirementDisabilityBack InjuryAppealBoard DecisionSubstantial EvidenceFinancial Incentive
References
5
Case No. 142 SSM 33
Regular Panel Decision
Nov 16, 2017

The Matter of the Claim of Lidia Burgos v. Citywide Central Insurance Program

The New York Court of Appeals affirmed the order of the Appellate Division. The decision concerned the claim of Lidia Burgos against Citywide Central Insurance Program and the Workers' Compensation Board. The Appellate Division had concluded that substantial evidence supported the Workers' Compensation Board's determinations regarding the claimant's degree of impairment and loss of wage-earning capacity. The Court of Appeals found no reason to overturn this conclusion.

Workers' CompensationImpairmentWage-earning CapacitySubstantial EvidenceAppellate DivisionClaimantInsurance ProgramBoard DeterminationJudicial ReviewAffirmed Order
References
1
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. 2017 NY Slip Op 04184 [150 AD3d 1589]
Regular Panel Decision
May 25, 2017

New York State Workers' Compensation Board v. Program Risk Management, Inc.

The New York State Workers' Compensation Board, acting as administrator and successor to the Community Residence Insurance Savings Plan, initiated legal action against various entities and individuals after the trust became severely underfunded. Defendants include Program Risk Management, Inc. (administrator), PRM Claims Services, Inc. (claims administrator), individual officers of PRM, the Board of Trustees, and Thomas Gosdeck (trust counsel). The plaintiff sought damages for claims such as breach of contract, breach of fiduciary duty, and legal malpractice. The Supreme Court's order partially dismissed some claims and denied others. On cross-appeal, the Appellate Division, Third Department, modified the Supreme Court's order, notably reversing the dismissal of several breach of fiduciary duty claims and common-law indemnification against PRMCS, while affirming denials of motions to dismiss breach of contract, legal malpractice, and unjust enrichment claims. The court's decision was influenced by recent rulings in State of N.Y. Workers' Compensation Bd. v Wang.

Workers' Compensation LawGroup Self-Insured TrustBreach of ContractBreach of Fiduciary DutyLegal MalpracticeUnjust EnrichmentStatute of LimitationsEquitable EstoppelAlter Ego LiabilityCommon-Law Indemnification
References
20
Case No. ADJ20199681
Regular
Apr 01, 2025

MICHAEL BURGESS vs. OLIVER & COMPANY, INC.; CYPRESS INSURANCE COMPANY

The applicant, Michael Burgess, sought reconsideration of a November 5, 2024 Findings and Order, which found he did not sustain an industrial injury. The Appeals Board granted the Petition for Reconsideration, concluding that the record was not properly developed and that there was insufficient medical evidence to support the Workers' Compensation Arbitrator's decision. The Board deferred a final decision after reconsideration to allow for further review of the factual and legal issues, and encouraged the parties to participate in their voluntary mediation program.

Petition for ReconsiderationSarcoidosisIndustrial InjuryCumulative PeriodLabor Code Section 5909Substantial EvidenceMedical OpinionReasonable Medical ProbabilitySpeculative EvidenceAdjudication Number
References
17
Case No. MISSING
Regular Panel Decision

Lugo v. Gaines

This dissenting opinion concerns a petitioner's request for review of a determination terminating his participation in a temporary release program and for monetary damages. The petitioner, an inmate, was removed from the program after a urine sample tested positive for cocaine. The dissent argues that the procedures followed, despite a lack of formal chain of custody documentation, did not violate the petitioner's due process rights, as strict rules of evidence are not required in such disciplinary proceedings. Citing judicial precedent, the dissenting judges emphasize that an inmate's constitutional protections are diminished by institutional needs. Therefore, they would affirm the termination of the petitioner's work release program.

temporary release programdrug testingdue processinmate rightscorrectional facilitiesadministrative hearingchain of custodyurine analysisArticle 78State liability
References
8
Case No. 21 MC 97
Regular Panel Decision
Mar 03, 2009

In Re September 11 Litigation

District Judge Alvin K. Hellerstein accepted the mediator's report concerning the extensive settlements achieved in the wrongful death and personal injury lawsuits arising from the September 11, 2001 terrorist attacks. These cases, filed under the Air Transportation Safety and System Stabilization Act (ATSSSA) in the Southern District of New York, involved victims and their families suing airlines and aviation-related companies. Mediator Sheila L. Birnbaum, assisted by Thomas E. Fox, successfully resolved 72 out of 95 cases through a meticulous mediation process that addressed complex legal issues, sensitive security information (SSI) discovery, and varying state laws governing damages. The court's order highlights the challenges faced in these mass torts, including balancing claimant equity, ensuring fair contingent fees, and navigating the unique circumstances of the litigation, ultimately leading to approximately $500 million in aggregate settlements.

September 11th AttacksWrongful DeathPersonal Injury LitigationMass TortsMediationSettlement NegotiationsAir Transportation Safety and System Stabilization ActVictim Compensation FundSensitive Security InformationDamages Discovery
References
16
Case No. MISSING
Regular Panel Decision

Claim of Ickes v. Sayville Animal Hospital

Claimant, a veterinary technician, suffered a work-related injury and received workers' compensation benefits. The carrier sought to suspend payments due to the claimant's failure to provide a work status affidavit. At a hearing, the carrier introduced the issue of voluntary withdrawal from the labor market without prior notice to the claimant, which the WCLJ promptly dismissed. Despite the WCLJ's ruling, the Workers' Compensation Board later modified the decision, finding voluntary withdrawal and rescinding benefits. On appeal, the court reversed the Board's rescission of benefits, ruling that the claimant was denied due process as she had no notice or opportunity to address the voluntary withdrawal issue. The case was remitted to the Board for further proceedings consistent with the court's decision.

Workers' CompensationLabor Market WithdrawalDue ProcessNotice of IssueAppellate ReviewRemandBenefit SuspensionAdministrative LawWorkers' Compensation BoardJudicial Modification
References
4
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