Industrial Board of Appeals

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October 25, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on October 25, 2017 by video conference between the Board’s regional offices located in New York City and Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:40 a.m.

Attendance

New York City:
Vilda Vera Mayuga, Chairperson
J. Christopher Meagher, Member
Molly Doherty, Member
Gloribelle J. Perez, Member
Jean Grumet, ALJ
Devin A. Rice, Counsel
Jane M. Ipanaque, Secretary

Utica:
Michael A. Arcuri, Member

Minutes

On motion by Mr. Meagher, duly seconded by Ms. Perez, and unanimously carried, the minutes of the previous meeting held on September 13, 2017 were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for September 2017 was reviewed and discussed.

Monthly Report
TitleSeptember 2017September 2016YTD 2017YTD 2016
New Proceedings Commenced
Section 101 – Review Petitions 16 150
Section 27-A – Public Employer Safety 0 8
Section 104 – Corporate Documents 0 14
Stay Applications 1 2
Total 17 13 174 122
Hearings Held
Total 9 12 79 119
Video Hearings Held
Capital District 1 6
Upstate 0 10
Downstate 3 13
New York City 5 50
Total 3 5 26 52
Hearings Scheduled/Not Held
Postponed 7 8 75 139
Resolved Prior to Hearing 5 13 41 148
Administratively Closed 5 N/A 62 N/A
Total 17 21 116 287
Board Resolutions
Total 4 30 85 302
Cases Closed
Section 101 4 61
Section 27-A 0 6
Section 104 0 13
Section WB 0 1
Total 4 28 81 291
Interim Resolutions
Stay Applications 0 0
Interim Decisions 1 4
IBA Rules 0 0
Total 0 2 4 6

On motion by Mr. Meagher, duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved into executive session at 9:44 a.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No.Name
PR 16-134 Alik Yunayev A/K/A Alexander Yunayev and Stanley Yunayev and Chez Alik, Inc. (T/A Chateau De Alik)
PR 17-006 Soo Hwan Park A/K/A Park Soo Hwan and Dong Kee Restaurant, Inc. (T/A Hae Woon Dae)
PR 17-064 Ali Mohammad and Ali Discount Store Corp. (T/A 99 Cents Store US 1)
PES 16-015 Nedrow Volunteer Fire Department, Inc.
PES 17-008 Angelo Drago

On motion by Mr. Meagher, duly seconded by Ms. Doherty, and unanimously carried, the Resolution of Decision for Settlements and Approval of withdrawal of petitions/orders was adopted.

Section 101
Docket No.Name
PR 16-119 Ana V. Minango and Jaw Sweater Inc.
PR 17-024 Khemnauth Deocharran and Express Trucking & Courier Inc.

On motion by Ms. Perez, duly seconded by Mr. Acuri, and unanimously carried, the Resolutions of Decision under Section 101 were adopted.

Interim Decision
Docket No.Name
PR 16-121 Ambush Alarm & Electronics, Inc.

On motion by Ms. Doherty, duly seconded by Mr. Meagher, and unanimously carried, the Interim Resolution of Decision under Section 101 was adopted.

Section 27-A
Docket No.Name
PES 17-004 Badrul Chowdhury

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the Resolution of Decision under Section 27-A was adopted.

On motion by Mr. Meagher, duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved out of executive session at 10:10 a.m.

Discussion

The Board was provided with materials and discussed the following topics:

  1. JCOPE training
    1. The training may be scheduled using the link provided in the email or when the schedule of dates becomes available to enroll through Ethics Officer Jerome Tracy.
  2. Opening statements/pro se petitioners
    1. In keeping with consistent practice, where pro se petitioner cases are concerned, Hearing Officers are encouraged to address, explain, and discuss the subject of an “Opening Statement” at the pre-hearing conference. Hearing Officers may reiterate the subject at the hearing and provide the parties the option to waive their Opening Statement if they choose.
  3. Default cases
    1. Hearing Officers may read Board Rule 65.24 into the hearing record in cases that default.
  4. Use of interpreters during hearing
    1. Interpreters provided by the Board are for the Board’s use and purposes only. Upon request by either party needing the services of an interpreter, the Board may grant permission to use their interpreter.
    2. The Board’s staff will explore possibility of obtaining its own interpreting equipment as an alternative to on-demand or back-up interpreting option for hearings.
  5. Disability issues in administrative law hearings
    1. The Board will inquire how to make notices for visually impaired individuals scannable.
  6. Other – Mandatory Training
    1. The Board was provided with materials and attestation for NYS Right to Know training.

Upcoming Board Meeting Dates and Locations

Wednesday, December 13, 2017, Board Meeting at 9:00 a.m., NYC room D
Wednesday, January 24, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, March 7, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, April 18, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, June 6, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, July 25, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, September 19, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, November 7, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, December 19, 2018, Board Meeting at 9:00 a.m., NYC room D

Adjournment

There being no further business, upon motion by Mr. Meagher, duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 11:17 a.m.