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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 04461
Regular Panel Decision
Jul 30, 2025

Joya v. E 31 Partners, LLC

Naun Joya, an employee of Blue Stone Concrete Corp., was injured at a Brooklyn worksite when a plywood sheet struck his head while disassembling a fence. He filed suit against E 31 Partners, LLC and Twin Group Associates, Inc., alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court, Kings County, granted Joya's motion for summary judgment on the Labor Law § 240 (1) claim. However, the Appellate Division, Second Department, reversed this decision, denying Joya's motion. The appellate court found that Joya failed to present sufficient evidence to demonstrate that the accident was an elevation-related hazard or gravity-related risk encompassed by Labor Law § 240 (1), specifically lacking details on the height of the fall or the necessity of securing devices.

Labor LawSafe Place to WorkFalling ObjectPlywoodConstruction SiteSummary JudgmentAppellate ReviewElevation HazardGravity RiskTriable Issues of Fact
References
16
Case No. MISSING
Regular Panel Decision
Dec 16, 1947

Douds v. Wine, Liquor & Distillery Workers Union, Local 1

The Regional Director of the National Labor Relations Board filed a petition for injunctive relief against Local 1, alleging violations of Section 8(b), subsection (4)(A) of the National Labor Relations Act. The petition was based on charges filed by Schenley Distillers Corporation and Jardine Liquor Corporation. A temporary restraining order was initially granted on December 11, 1947, after a hearing. However, upon further hearing on December 16, 1947, the court found a significant change in the factual situation, noting that the labor difficulties had been adjusted and the danger of irreparable damage was no longer present. Consequently, the court vacated the temporary restraining order, stating that it would not pass upon the ultimate merits of the issues at that time.

Injunctive ReliefLabor RelationsNational Labor Relations ActTemporary Restraining OrderVacated OrderUnfair Labor PracticesSecondary BoycottLabor DisputeFederal CourtDistrict Court
References
18
Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. ADJ9074552; ADJ9074553
Regular
Jul 01, 2014

VINCENT HERNANDEZ vs. COUNTY OF MONTEREY, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Removal regarding the selection of an Occupational Medicine QME panel. The Board adopted the WCJ's report, which found that the defendant's request for an Occupational Medicine QME panel complied with Labor Code Section 4062.2. The report reasoned that Title 8 California Code of Regulations Section 31.1(b)'s requirement for supporting documentation for specialty changes does not invalidate a request if not provided. Additionally, the Board found the applicant's arguments regarding an unfair advantage and the WCJ's interpretation of Section 31.1 to be misplaced.

Workers' Compensation Appeals BoardPetition for RemovalWCJQME panelOccupational MedicineTitle 8 California Code of Regulations Section 31.1Labor Code Section 4062.2Treating PhysicianPhysical Medicine and RehabilitationMedical Unit
References
1
Case No. MISSING
Regular Panel Decision

R.M. Perlman, Inc. v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union Local 89-22-1

The case concerns plaintiffs R.M. Perlman Inc. and Rebecca Moses, who initiated an action under the NLRA against two labor unions, Local 89-22-1 and International Ladies’ Garment Workers’ Union. Plaintiffs sought damages alleging unfair labor practices related to the unions' picketing and a proposed "Hazantown Agreement." The central legal question involved whether four specific clauses within the agreement were protected by the garment industry proviso to NLRA § 8(e), thus making the unions' actions lawful. The court meticulously examined each contested clause—the Continuing Obligations, Trimmings, Struck Work, and Trucking Clauses—interpreting them within the context of the Hazantown Agreement and relevant legal precedents. Ultimately, the court determined that all challenged clauses fell within the protection of the garment industry proviso, concluding that the unions' picketing was not unlawful. Consequently, the plaintiffs' motion for summary judgment was denied, and the defendants' cross-motion for summary judgment was granted, dismissing the plaintiffs' complaint.

National Labor Relations ActGarment Industry ProvisoUnfair Labor PracticesSummary JudgmentLabor UnionsHot Cargo AgreementsHazantown AgreementSecondary PicketingIntegrated Process of ProductionJobbers
References
19
Case No. MISSING
Regular Panel Decision
Jul 11, 2000

Penta v. Related Companies

Vincenzo Penta, a carpenter, was injured when struck by a crane hook on the 17th floor of a building under construction. Plaintiffs alleged common-law negligence and violations of Labor Law § 241 (6) based on Industrial Code regulations 12 NYCRR 23-8.1 (i) and 23-8.2 (c) (3). The Supreme Court initially found a question of fact regarding 12 NYCRR 23-8.1 (i), but the Appellate Division determined this regulation was inapplicable as a crane hook is not a 'moving part' requiring guards. The court agreed that 12 NYCRR 23-8.2 (c) (3) was not applicable since the crane was not hoisting a load at the time of the accident. However, the Supreme Court properly denied dismissal of the common-law negligence claim under Labor Law § 200, as defendants failed to establish prima facie that they did not supervise or control the crane's operation. The order was modified to grant dismissal of the Labor Law § 241 (6) claim based on 12 NYCRR 23-8.1 (i) and affirmed as modified.

Personal InjuryConstruction AccidentCrane InjuryIndustrial Code ViolationsLabor Law Section 241(6)Common-Law NegligenceLabor Law Section 200Summary JudgmentAppellate ReviewStatutory Interpretation
References
10
Case No. 2018 NY Slip Op 06685 [165 AD3d 449]
Regular Panel Decision
Oct 09, 2018

White v. 31-01 Steinway, LLC

Plaintiff, a sign installer, sustained injuries after falling from an unsecured ladder while working on a retail store renovation project. The case involves multiple defendants including the property owner, general contractor, and signage subcontractor, disputing liability under Labor Law § 240 (1) and contractual indemnification. The Appellate Division modified the Supreme Court's order, denying several summary judgment motions, and affirmed others, concluding that issues of fact remained regarding the general contractor's responsibilities for plaintiff's safety and that the signage subcontractor qualified as a statutory agent under Labor Law § 240 (1). The court also found Express and the Steinway defendants liable for failure to provide adequate safety devices.

Labor Law § 240 (1)Summary Judgment MotionConstruction Site AccidentFall from LadderGeneral Contractor LiabilitySubcontractor ResponsibilityStatutory Agent DoctrineContractual Indemnification DisputePersonal Injury ClaimWorkplace Safety Violation
References
6
Case No. 2020 NY Slip Op 05085
Regular Panel Decision
Sep 23, 2020

Wein v. East Side 11th & 28th, LLC

Shane Wein and his wife initiated an action against East Side 11th & 28th, LLC, and SBF Construction, Inc., seeking damages for personal injuries sustained by Mr. Wein during the assembly of a tower crane at a construction site. The plaintiffs alleged violations of Labor Law §§ 200, 240 (1), and 241 (6), along with common-law negligence. The Supreme Court's order was subsequently appealed by both parties. The Appellate Division modified the order, granting the plaintiffs' motion for summary judgment on the Labor Law § 241 (6) claim predicated on 12 NYCRR 23-8.1 (f) (2) (i). Conversely, it granted the defendants' cross-motion, dismissing the Labor Law § 241 (6) claims based on 12 NYCRR 23-8.1 (f) (1) (iv) and 23-8.2 (c) (3), and the Labor Law § 200 claim against SBF Construction, Inc., as modified, the order was affirmed.

Personal InjuryLabor LawSummary JudgmentConstruction AccidentHoist OperationStatutory ViolationAppellate ReviewWorkplace SafetyNegligenceComparative Negligence
References
17
Case No. 2018 NY Slip Op 01255 [158 AD3d 565]
Regular Panel Decision
Feb 22, 2018

Pena v. Jane H. Goldman Residuary Trust No. 1

Juan Pena, an injured worker, sued Jane H. Goldman Residuary Trust Number 1 and Sol Goldman Investments, LLC (SGI) under Labor Law § 240 (1) after sustaining injuries from a fall off an unsecured and wobbling ladder. The Supreme Court, Bronx County, initially granted Pena partial summary judgment on the issue of liability against SGI. SGI appealed this decision. The Appellate Division, First Department, affirmed the lower court's ruling, finding that Pena's deposition testimony sufficiently established his entitlement to judgment as a matter of law. The court concluded that SGI failed to raise a triable issue of fact, particularly regarding the provision of adequate safety devices or whether Pena was the sole proximate cause of the accident.

Summary judgmentLabor Law § 240(1)Ladder accidentUnsecured ladderFall from heightConstruction site accidentAppellate decisionPrima facie caseTriable issue of factProximate cause
References
4
Case No. 2023 NY Slip Op 01287 [214 AD3d 785]
Regular Panel Decision
Mar 15, 2023

Mora v. 1-10 Bush Term. Owner, L.P.

John Mora, an injured plaintiff, along with his wife, sued 1-10 Bush Terminal Owner, L.P. after he fell from a ladder during demolition work, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' cross-motion for summary judgment on the issue of liability. The defendant appealed this decision, challenging the grant of summary judgment. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiffs had established a prima facie case and the defendant failed to raise a triable issue of fact.

Personal InjuryLadder AccidentDemolition WorkSummary JudgmentAppellate ReviewLabor Law § 240 (1)Proximate CauseNondelegable DutyElevated Work SitesSafety Devices
References
15
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