Whence Cometh Evil? Making Sense of Human Suffering and COVID-19

CHARLES E. BINKLEY

Surgeon and bioethicist Charles E. Binkley, MD, offers a perspective on how we might make sense of suffering, particularly in light of the present COVID-19 pandemic. Binkley suggests that through suffering, we are paradoxically able to find good, and in this instance, that good might be the practice of social reciprocity.

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People v. Perez

Citation: 2020 NY Slip Op 02096

Opinion Date: March 26, 2020

Judge: Feinman

Areas of Law: Criminal Law

The Court of Appeals affirmed the order of the Appellate Division, holding that Defendant's prior New Jersey conviction was within the scope endangering the welfare of a child under New York law, and therefore, the courts below did not err in assessing Defendant thirty points under risk factor nine of the Sex Offender Registration Act (SORA) risk assessment when determining Defendant's presumptive risk level. In 1999, Defendant was convicted in New Jersey for lewdness in the fourth degree. At issue in this appeal was whether Defendant was properly assessed thirty points under risk factor nine for the New Jersey conviction. The Court of Appeals held that the assessment was warranted and that Defendant's adjudication as a level two Sex Offender was correct because Defendant's prior New Jersey conviction was tantamount to endangering the welfare of a child under New York law.

In re Vega

Citation: 2020 NY Slip Op 02094

Opinion Date: March 26, 2020

Judge: DiFiore

Areas of Law: Government & Administrative Law, Labor & Employment Law

The Court of Appeals reversed the order of the Appellate Division reversing the decision of the Unemployment Insurance Appeals Board that Claimant, a former courier with Postmates, Inc., and others similarly situated are employees for whom Postmates is required to make contributions to the unemployment insurance fund, holding that there was substantial evidence supporting the Board's finding that the couriers were employees. In reversing the Board's determination, the Appellate Division concluded that the proof did not constitute substantial evidence of an employer-employee relationship to the extent that it failed to provide sufficient indicia of Postmates' control over the means by which the couriers performed their work. The Court of Appeals revered, holding that substantial evidence supported the Board's determination that Postmates exercised control over its couriers sufficient to render them employees rather than independent contractors.

O'Donnell v. Erie County

Citation: 2020 NY Slip Op 02095

Opinion Date: March 26, 2020

Judge: Jenny Rivera

Areas of Law: Government & Administrative Law, Labor & Employment Law

The Court of Appeals reversed the decision of the Workers' Compensation Board upholding Claimant's award for loss of post-accident earnings, holding that because the Board departed from its administrative precedent without explanation, the case must be remitted so the Board may clarify its rationale and issue a decision in accordance with Matter of Zamora v. New York Neurologic Association, 19 NY3d 186 (N.Y. 2012). On appeal, Appellants argued that the Board's decision was inappropriate because, at the time of her disability classification, Claimant failed to establish that she attempted to and could not find work commensurate with her abilities. Before the Court of Appeals the Board admitted that it departed from its purported precedent by applying a discretionary inference in favor of Claimant as permitted by Zamora without first requiring Claimant to present evidence of her efforts to obtain work or get retrained. The Court of Appeals reversed and remitted the matter to the Board to permit the Board to develop a record of its purported precedent as applied to Claimant and clarify its determination whether to draw an inference in accordance with Zamora's core holding.