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

Case No. 2025 NY Slip Op 02959
Regular Panel Decision
May 14, 2025

Weekes v. Tishman Tech. Corp.

Samuel Weekes, an employee, was injured while dismantling a scaffold at a construction site managed by Tishman Technologies Corporation. He sued, alleging violations of Labor Law § 240(1) and § 241(6). The Supreme Court initially denied Weekes's summary judgment motion and granted the defendants' cross-motion to dismiss, also denying Weekes's motion for leave to renew. The Appellate Division modified the Supreme Court's order, ruling that Tishman could be considered a statutory agent of the owner due to its control over safety. The court also found that Weekes's activity was covered under Labor Law § 240(1) and that triable issues of fact existed regarding the elevation-related hazard and proximate cause, thereby denying the defendants' cross-motion for summary judgment. The denial of Weekes's motion for leave to renew was affirmed, and part of the appeal from the November 4, 2020 order was dismissed as academic.

Construction AccidentLabor Law Section 240(1)Labor Law Section 241(6)Industrial Code ViolationScaffold SafetyElevation HazardSummary JudgmentStatutory AgentConstruction Manager LiabilityTriable Issues of Fact
References
36
Case No. MISSING
Regular Panel Decision

Claim of Salvet v. Union Carbide Linde Division

Claimant sustained two compensable injuries, leading to a permanent partial disability classification in 1983 with a nonschedule award of $95 per week. Subsequently, in 1984, the claimant was diagnosed with a 24.2% occupational binaural hearing loss, resulting in a schedule award of $105 per week for 36.3 weeks. The Workers' Compensation Board, following an application by the carrier, reduced this schedule award to $10 per week. This reduction was based on Workers' Compensation Law § 15 (6) (a), which sets a maximum of $105 per week for compensation for permanent or temporary partial disability, indicating that the aggregate of both awards should not exceed this statutory limit. The appellate court affirmed the Board's decision, ruling that the statutory maximum applies to the total of all permanent partial disability awards, irrespective of whether they are schedule or nonschedule awards.

Workers' Compensation LawPermanent Partial DisabilityOccupational Hearing LossSchedule AwardNonschedule AwardStatutory MaximumAggregate AwardsWorkers' Compensation Board AppealStatutory InterpretationConcurrent Awards
References
6
Case No. MISSING
Regular Panel Decision
Mar 25, 2004

Foote v. Lyonsdale Energy Limited Partnership

Glenn A. Foote, Jr., an employee, sustained injuries when a wood chip stacker collapsed at the Lyonsdale Cogeneration Facility. He and his wife filed a lawsuit alleging negligence and violations of Labor Law §§ 200, 240, and 241 against the facility owners (Lyonsdale Energy Limited Partnership and Moose River Energy, Inc.), the stacker designer (American Bin & Conveyor), and the procurer (Wolf & Associates). The Supreme Court partially granted summary judgment to Lyonsdale and Wolf, dismissing the Labor Law § 240(1) claim against Lyonsdale and the negligence claim against Wolf. On cross-appeals, the Appellate Division affirmed the lower court's decision, concluding that Labor Law § 240(1) was inapplicable as the injury resulted from the structure's collapse rather than the failure of a safety device. The court also upheld the dismissal of the negligence claim against Wolf due to the absence of a duty to the plaintiff, and found a question of fact existed regarding Lyonsdale's supervisory control, thus denying summary judgment to Lyonsdale on other claims.

Labor LawWorkplace InjurySummary JudgmentNegligenceElevated Work SiteScaffold LawWood Chip StackerDesign DefectSupervisory ControlContractual Obligation
References
19
Case No. MISSING
Regular Panel Decision

Palanquet v. Weeks Marine, Inc.

Plaintiffs Guy and Mary Palanquet sued Weeks Marine, Inc. for injuries sustained by Guy Palanquet while working on the Robert Moses Causeway bridge reconstruction project, alleging a violation of New York Labor Law § 240(1). Weeks, the general contractor, impleaded C.B. Contracting Corp. (Palanquet's employer) and United States Fire Insurance Company (C.B.'s insurer), seeking defense and indemnification from U.S. Fire. U.S. Fire cross-moved for summary judgment, arguing it had no duty to defend Weeks. The court granted Palanquet's motion for summary judgment against Weeks, finding Weeks liable under Labor Law § 240(1) for failing to provide adequate safety devices. The court also granted U.S. Fire's cross-motion for summary judgment, determining that an 'Additional Exclusion' in the policy relieved U.S. Fire of its duty to defend or indemnify Weeks because Weeks' own negligence caused the injury. Weeks' motion for summary judgment against U.S. Fire was denied.

Summary judgmentNew York Labor Law § 240(1)Construction accidentLadder fallGeneral contractor liabilityInsurance coverageAdditional insuredWatercraft exclusionDisclaimer of coverageEstoppel
References
41
Case No. MISSING
Regular Panel Decision
Sep 09, 1998

In re the Claim of Peabody

The claimant appealed a decision by the Unemployment Insurance Appeal Board, filed on September 9, 1998, which ruled that the claimant was not entitled to receive unemployment insurance benefits. This denial was based on Labor Law § 591 (5), a 1996 amendment that limits unemployment benefits when a claimant also receives workers' compensation benefits exceeding their average weekly wage. The claimant contended that the statutory limitation should consider the pre-injury weekly wage used for workers' compensation. However, the Board, and subsequently the court, found no textual basis to interpret 'average weekly wage' in Labor Law § 591 (5) differently from its definition in Labor Law former § 590 (2). Consequently, the Board's conclusion was affirmed.

Unemployment benefitsWorkers' compensation offsetStatutory interpretationAverage weekly wage calculationBenefit eligibilityLabor Law § 591(5)Appeal Board decisionJudicial reviewAffirmed decision
References
2
Case No. MISSING
Regular Panel Decision

Kennedy v. Weeks Marine, Inc.

Martin R. Kennedy was injured while working on a barge chartered by his employer, American Bridge Company, from Week’s Marine, Inc. Kennedy fell from a wooden plank serving as the barge's gangway, which was supplied by American Bridge. He brought suit pursuant to 33 U.S.C. § 905(b), but Magistrate Judge David F. Jordan granted summary judgment for Week’s Marine, concluding they had no duty to provide a safe gangway under a bare boat charter. Kennedy appealed this judgment, arguing Week's Marine had knowledge of workers on the barge. The District Court affirmed the lower court's decision, ruling that Week's Marine, having relinquished control of the vessel in a bare boat charter, was not responsible for conditions arising after the charter or for providing a gangway, as the charterer, American Bridge, became the owner pro hac vice and bore that duty.

Bare Boat CharterMaritime LawSummary JudgmentLongshore and Harbor Workers' Compensation ActVessel Owner LiabilityCharterer LiabilityGangway SafetyDuty of CareOwner Pro Hac ViceAppellate Review
References
14
Case No. 13-07-00451-CV
Regular Panel Decision
Jun 11, 2009

Old Republic Insurance Company v. Edward Weeks

This case concerns an appeal by Old Republic Insurance Company against a district court's judgment favoring Edward Weeks, who suffered a compensable workplace injury. Weeks, a truck driver, experienced a severe back injury and alleged repetitive trauma from his job, despite initial denials from the Texas Workers' Compensation Commission (TWCC) and its appeals panel. The district court overturned the TWCC panel's decision and found in favor of Weeks, prompting Old Republic's appeal challenging jurisdiction, evidence admissibility, and sufficiency of proof. The Court of Appeals affirmed the district court's judgment, confirming that Weeks properly exhausted administrative remedies and that the evidence supported his claims of both acute and repetitive trauma injuries. The court also upheld the district court's conclusion regarding Old Republic's liability for Weeks's medical expenses.

Workers' CompensationCompensable InjuryRepetitive TraumaSubject-Matter JurisdictionAdministrative RemediesJudicial ReviewExpert TestimonyLay Witness TestimonySufficiency of EvidenceMedical Expenses
References
27
Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Providence Memorial Hospital, and Michael D. Compton, M.D. v. Elizabeth Rivera, as Next Friend for M.R.

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. 04-20-00499-CV
Regular Panel Decision
Jun 30, 2021

Weeks Marine Company, LLC v. David Landa

This case concerns an appeal regarding personal jurisdiction in a lawsuit for personal injuries. Appellee David Landa sued Appellant Weeks Marine Company, LLC under the Jones Act and general maritime law for injuries sustained during his employment on a crane barge in New York. Weeks, a New Jersey corporation, filed a special appearance, which the trial court denied. The appellate court reviewed de novo, finding Landa failed to establish specific or general personal jurisdiction over Weeks in Texas. Consequently, the court reversed the trial court's order and dismissed Landa's claims.

Personal InjuryJones ActMaritime LawSpecial AppearancePersonal JurisdictionSpecific JurisdictionGeneral JurisdictionTexas Court of AppealsAppellate ReviewEmployment Injury
References
20
Case No. ADJ10649068
Regular
Dec 08, 2017

PATRICK TERRY (Dec'd), WENDY TERRY (Widow) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves a widow's claim for death benefits after her husband died from an injury that contributed to his death. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's finding that the claim was barred by Labor Code section 5406(b). This statute prohibits death benefit claims filed more than 240 weeks from the "date of injury." The Board clarified that for a specific injury, the date of injury is fixed and cannot be extended to the date of death, even if death is a consequence of that injury. Therefore, the widow's claim was dismissed because it was filed beyond the 240-week statutory limit.

Labor Code § 5406(b)death benefits240-week limitationdate of injuryspecific injurycompensable consequencestatute of limitationsPetition for ReconsiderationWorkers' Compensation Appeals BoardFindings and Award
References
15
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