Wilson v. Roselli Moving & Storage Corp.
Cases that cite this one
9 later published cases cite this decision.
- Claim of Carlineo v. Snelling & Snelling, LLC (Appellate Division of the Supreme Court of New York 2010)
- Claim of Ogbuagu v. Ngbadi (Appellate Division of the Supreme Court of New York 2009)
- Claim of Monzon v. Sam Bernardi Construction Inc. (Appellate Division of the Supreme Court of New York 2008)
- MatterofZaldivarvSNSOrganization (Appellate Division of the Supreme Court of New York 2014)
- Claim of Zaldivar v. SNS Organization (Appellate Division of the Supreme Court of New York 2014)
- Claim of Zaldivar v. SNS Organization (Appellate Division of the Supreme Court of New York 2014)
- Claim of Fetter v. Verizon (Appellate Division of the Supreme Court of New York 2012)
- Claim of Ortiz v. Martin Viette Nurseries, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Claim of Dow v. Silver Construction Corp. (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed August 18, 2005, which rescinded a decision of the Workers’ Compensation Law Judge and restored the case to the trial calendar for further development of the record.
Claimant’s case for compensable injuries was established and he began receiving workers’ compensation benefits. He thereafter filed a discrimination complaint pursuant to Workers’ Compensation Law § 120 alleging that he was “constructive [ly] discharged.” After several hearings were apparently scheduled and adjourned, a Workers’ Compensation Law Judge denied the complaint and closed the case. The Workers’ Compensation Board, however, subsequently rescinded that decision and restored the case to the trial calendar for further development of the record. The employer now appeals.
Given that the Board’s decision was interlocutory and neither disposed of all substantive issues nor addressed a dispositive legal issue, the decision is not appealable (see Matter of Sawyer v Orange Motors, 24 AD3d 1117, 1117 [2005]; Matter of Reese v Advanced Empl. Concepts, 15 AD3d 760, 761 [2005]). In addition, we note that “piecemeal review of issues in workers’ compensation cases should be avoided” (Matter of Sawyer v Orange Motors, supra at 1117-1118; see Matter of Karam v Executive Charge/Love Taxi, 284 AD 2d 599, 599 [2001]). Thus, recognizing that this nonfinal determination is reviewable upon an appeal from the Board’s final decision (see Matter of Sawyer v Orange Motors, supra at 1118; Matter of Boak v O’Leary Funeral Home, 116 AD2d 827, 827 [1986]), we must dismiss this appeal.
Crew III, J.E, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.