Claim of McGuinness v. John P. Picone, Inc., 36 A.D.3d 1032 (N.Y. App. Div. 2007). · Go Syfert
Claim of McGuinness v. John P. Picone, Inc., 36 A.D.3d 1032 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Trombino v. FMB Inc.
N.Y. App. Div. · 2022 · confidence medium
Although Liberty contested the establishment of the claim, it was precluded from presenting any witnesses from the employer at the hearing because its scheduled witness did not appear ( compare Matter of McGuinness v John P. Picone, Inc. , 36 AD3d 1032, 1032 [3d Dept 2007]).
cited Cited as authority (rule) Claim of Mlodozeniec v. Trio Asbestos Removal Corp.
N.Y. App. Div. · 2009 · confidence medium
Maintenance, 63 AD3d 1308 [2009]; Matter of McGuinness v John P. Picone, Inc., 36 AD3d 1032, 1032 [2007]).
cited Cited as authority (rule) Claim of Hopkins v. Alcas Corp.
N.Y. App. Div. · 2009 · confidence medium
Maintenance, 63 AD3d 1308 [2009] [decided herewith]; Matter of McGuinness v John P. Picone, Inc., 36 AD3d 1032, 1033 [2007]).
discussed Cited as authority (rule) Claim of Manticoff v. American Building Maintenance
N.Y. App. Div. · 2009 · confidence medium
The doctrine of laches can apply in workers’ compensation cases “when there has been an inexcusable delay in raising the defense of noncoverage together with actual injury or prejudice” (Matter of Ricciardi v Johnstown Leather, 1 AD3d 661, 663 [2003]; see Matter of Hopkins v Alcas Corp., Cutco Cutlery, 63 AD3d 1342 [2009] [decided herewith]; Matter of McGuinness v John P. Picone, Inc., 36 AD3d 1032, 1032-1033 [2007]).
discussed Cited as authority (rule) Finchum v. Colaiacomo
N.Y. App. Div. · 2008 · confidence medium
Further, we will not disturb the Board’s determination as to whether laches should apply so long as it is supported by substantial evidence (see Matter of McGuinness v John P. Picone, Inc., 36 AD3d 1032, 1032 [2007]; Matter of Tavano v Tavano Enters., 227 AD2d 836, 837 [1996], lv dismissed 88 NY2d 1018 [1996]).
discussed Cited as authority (rule) Claim of Hernandez v. Taco Bell, Inc.
N.Y. App. Div. · 2008 · confidence medium
Although the question of waiver usually presents a factual issue for the Board, the resolution of which will not be disturbed if supported by substantial evidence (see Matter of Arena v Crown Asphalt Co., 292 AD2d 743, 748 [2002]; see also Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Mgt., L.P., 7 NY3d 96, 104 [2006]; Matter of McGuinness v John P. Picone, Inc., 36 AD3d 1032, 1032 [2007]), the Board’s determination is arbitrary if it departs from prior Board precedent and fails to explain the reasons for its departure (see Matter of Charles A. Field Delivery Serv. [Roberts], 66 N…
cited Cited "see" Claim of Sacco v. Mast Advertising/Publishing
N.Y. App. Div. · 2010 · signal: see · confidence high
Trucking, 14 AD3d 816, 817 [2005], quoting Matter of Taylor v Vassar Coll., 138 AD2d 70, 73 [1988]; see Matter of McGuinness v John P. Picone, Inc., 36 AD3d 1032, 1032 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Hugh McGuinness
v.
John P. Picone, Inc., and State Insurance Fund, Workers' Compensation Board
Appellate Division of the Supreme Court of the State of New York.
Jan 11, 2007.
36 A.D.3d 1032
Lahtinen.
Cited by 7 opinions  |  Published
Lahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed June 10, 2005, which ruled that the doctrine of laches was not applicable against the State Insurance Fund.

Wausau Insurance Company, the workers’ compensation carrier for claimant’s employer, contends that the Workers’ Compensation Board erred in rejecting its argument that laches should have precluded the successful claim of noncoverage by the State Insurance Fund (hereinafter SIF). Laches can be asserted in the context of some workers’ compensation cases, including “when there has been an inexcusable delay in raising the defense of noncoverage together with actual injury or prejudice” (Matter of Ricciardi v Johnstown Leather, 1 AD3d 661, 663 [2003]; cf. Matter of Taylor v Vassar Coll., 138 AD2d 70, 72-73 [1988]). The Board’s determination as to whether laches should apply, if supported by substantial evidence, will not be disturbed on appeal (see Matter of Holloway v West St. Trucking, 14 AD3d 816, 817 [2005]; cf. Matter ofKoc v Standard Boat Co., 301 AD2d 687, 687 [2003]).

Here, although there were protracted delays in the underlying claim and the coverage issue was not resolved by the Board for many years, SIF nevertheless controverted coverage from the inception of the claim. As to prejudice, Wausau criticizes certain actions by SIF during the years it defended the claim. However, the Board found that SIF acted diligently in its defense of the claim and the fact that SIF was able to obtain a reduction in the award, together with other proof in the record, supplies substantial evidence supporting the Board’s determination (see Matter of Holloway v West St. Trucking, supra at 817). It also merits noting that, as observed by the Board, once Wausau was put on notice, it did not appear at hearings over a period of about eight years, repeatedly ignored notices during that time (including ones warning of a final opportunity to appear), and was penalized for its continued nonappearance. This unex[*1033] plained and protracted conduct militates against Wausau’s effort to now invoke the equity-based defense of laches (see generally 55 NY Jur 2d, Equity § 98). Since the Board’s determination is undergirded by substantial evidence, we affirm.

Cardona, P.J., Mercure, Crew and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.