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Case Law Database

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

Case No. ADJ9300876

Regular

Mar 30, 2017

CASEY MCCREADY vs. HUDSON FISK dba FISK TREE AND ESCAVATING SERVICE, ANYTIME LABOR LLC, A NEVADA LIMITED LIABILITY COMPANY dba LABOR MAX STAFFING

This case concerns a worker's compensation claim where the applicant, Casey McCready, was injured while rendering services. The employer, Hudson Fisk, and the labor provider, Anytime Labor LLC, sought to argue McCready was an independent contractor. The Workers' Compensation Appeals Board denied their petition for reconsideration, upholding the administrative law judge's decision. The Board found that the employer failed to overcome the statutory presumption of employment and that the judge's credibility determinations were entitled to great weight. Therefore, McCready is presumed to have been an employee at the time of his injury.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENYINGstatutory presumptionemployeeindependent contractorburden of proofpreponderance of evidencecredibility determinationsWCJ

References

Case No. 2020 NY Slip Op 03163 [184 AD3d 931]

Regular Panel Decision

Jun 04, 2020

Matter of Skytown Entertainment, LLC (Commissioner of Labor)

SkyTown Entertainment, LLC, a video and film production company, appealed a decision by the Unemployment Insurance Appeal Board. The Board ruled that SkyTown was liable for additional contributions for 14 individuals it considered independent contractors, but the Department of Labor and the Board deemed statutory employees under Labor Law § 511 (1) (b) (1-a). SkyTown argued against this classification, but the court found that the individuals were engaged in artistic endeavors requiring skill and expertise, thus supporting the Board's finding of statutory employment. Furthermore, SkyTown did not enter into written contracts stipulating these individuals as employees of another employer, nor could it rebut the statutory presumption of employment using common-law tests. The Appellate Division, Third Department, affirmed the Board's decision.

Unemployment InsuranceIndependent ContractorStatutory EmployeeLabor LawFilm ProductionVideo ProductionPerforming ArtsEmployer-Employee RelationshipAppellate ReviewUnemployment Insurance Appeal Board

References

Case No. 2022 NY Slip Op 03424 [205 AD3d 1282]

Regular Panel Decision

May 26, 2022

Matter of Hossain (Groundanywhere LLC--Commissioner of Labor)

Mohammed K. Hossain, a driver for Groundanywhere LLC, applied for unemployment insurance benefits after ceasing work in 2017. The Department of Labor and the Unemployment Insurance Appeal Board determined that Hossain was an employee of Groundanywhere, making the company liable for unemployment insurance contributions. Groundanywhere appealed this decision. The Appellate Division, Third Department, affirmed the Board's decision, finding that the relationship between Groundanywhere and its drivers was materially indistinguishable from the employment relationship found in a similar Uber case. The court cited the substantial control Groundanywhere exercised over its drivers through its app, including screening, vehicle inspections, GPS provision, fare setting, and complaint handling, as evidence supporting the employment determination.

Unemployment InsuranceIndependent ContractorGig EconomyRide-sharingEmployment RelationshipControl TestAppellate ReviewSubstantial EvidenceDepartment of LaborUber Precedent

References

Case No. 2023 NY Slip Op 03905 [218 AD3d 733]

Regular Panel Decision

Jul 26, 2023

Cruz v. 451 Lexington Realty, LLC

Plaintiff Johnny Cruz, a laborer, sustained injuries when ductwork fell on him while clearing debris during a building demolition. He initiated an action alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6) against 451 Lexington Realty, LLC, and Regent Development Associates, LLC. The defendants initiated a third-party action against City Limits Group, Inc., and City Limits, in turn, sued Flintlock Construction Services, LLC. The Supreme Court denied Cruz's motion for summary judgment on Labor Law claims and granted the defendants' cross-motions to dismiss the complaint. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding Labor Law § 240 (1) inapplicable as the ductwork was part of the preexisting structure and not being actively worked on, and Labor Law § 241 (6) inapplicable as the area was not normally exposed to falling objects. Furthermore, Labor Law § 200 and common-law negligence claims were dismissed because the defendants did not exercise supervision or control over the plaintiff's work methods.

Personal injuryLabor LawSummary judgmentFalling objectConstruction accidentWorkplace safetyDemolitionCommon-law negligenceIndemnificationAppellate review

References

Case No. 2008 NY Slip Op 32713(11)

Regular Panel Decision

Caballero v. BenJamin Beechwood, LLC

This case concerns appeals and cross-appeals stemming from a personal injury action where the plaintiff sustained injuries after falling from a scaffold at a construction site in Queens. The Supreme Court's order addressed motions for summary judgment regarding Labor Law violations and contractual indemnification among the property owner (Benjamin Beechwood, LLC), general contractor (Rockaway Beach Blvd. Construction Co., LLC), and subcontractor (LCC Contracting Corp.). The appellate court affirmed the order, holding Benjamin Beechwood, LLC, and Rockaway Beach Blvd. Construction Co., LLC, liable under Labor Law § 240 (1), while dismissing the same claim against LCC Contracting Corp. Additionally, the appellate court upheld the contractual indemnification claim of Benjamin Beechwood, LLC, and Rockaway Beach Blvd. Construction Co., LLC, against LCC Contracting Corp. Appeals by Linden Construction Corp. and certain aspects of LCC Contracting Corp.'s appeal and Benjamin Beechwood, LLC, and Rockaway Beach Blvd. Construction Co., LLC's cross-appeal were dismissed as not aggrieved.

Personal InjuryConstruction AccidentScaffold FallLabor Law Section 240(1)Contractual IndemnificationSummary JudgmentAppellate ReviewQueens CountyNegligenceSubcontractor Liability

References

Case No. 2022 NY Slip Op 00701

Regular Panel Decision

Feb 03, 2022

Matter of Martin (Trucking Support Servs., LLC--Commissioner of Labor)

Anthony Martin, a truck driver, filed for unemployment insurance benefits. The Department of Labor determined he was an employee of Trucking Support Services, LLC (TSS) and Distribution Cooperative Network of NY (DCN) under the New York State Commercial Goods Transportation Industry Fair Play Act. TSS and DCN contested this, arguing Martin was an independent contractor. The Unemployment Insurance Appeal Board affirmed the initial determinations, finding Martin to be an employee. The Appellate Division, Third Department, affirmed the Board's decision, concluding that TSS and DCN failed to overcome the statutory presumption of employment and that the Fair Play Act was not preempted by federal law.

Unemployment InsuranceIndependent ContractorCommercial Goods Transportation Industry Fair Play ActEmployee ClassificationLabor LawStatutory Presumption of EmploymentABC TestSeparate Business Entity TestFederal Aviation Administration Authorization ActPreemption

References

Case No. 2018 NY Slip Op 08639 [167 AD3d 865]

Regular Panel Decision

Dec 19, 2018

Mitchell v. Caton on the Park, LLC

The plaintiff, a carpenter employed by Titus Associates, Inc., sustained personal injuries after tripping on rebar at a construction site. The plaintiff brought an action against Caton on the Park, LLC, the premises owner, and Springline Builders, LLC, the construction manager, alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6). The Supreme Court granted summary judgment to Springline Builders, LLC, dismissing the causes of action against it. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order. The court determined that Labor Law § 241 (6) was inapplicable as the rebar was an integral part of the work, and Springline demonstrated it lacked authority to supervise or control the plaintiff's work or the worksite, and did not create or have notice of the dangerous condition under Labor Law § 200 and common-law negligence.

Construction Site AccidentPersonal InjurySummary JudgmentLabor Law § 200Labor Law § 241 (6)Industrial Code 12 NYCRR § 23-1.7 (e)Rebar HazardIntegral Part of WorkSupervision and ControlPremises Liability

References

Case No. 2022 NY Slip Op 00080 [201 AD3d 1045]

Regular Panel Decision

Jan 06, 2022

Matter of Fiorelli (Stallion Express, LLC--Commissioner of Labor)

The case concerns Charlene Fiorelli's claim for unemployment insurance benefits after her delivery courier services for Stallion Express, LLC (SE) concluded. The Department of Labor determined she was an employee, making SE liable for contributions, a decision affirmed by the Unemployment Insurance Appeal Board. SE appealed, contending Fiorelli was an independent contractor. The Appellate Division, Third Department, affirmed the Board's ruling, finding substantial evidence of an employer-employee relationship based on SE's significant control over Fiorelli's work, including mandatory uniforms, background checks, training, scheduled routes, and specific delivery and documentation procedures.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorDelivery CourierUnemployment Insurance Appeal BoardSubstantial EvidenceControl TestDepartment of LaborLogistics BusinessAppellate Division

References

Case No. 2019 NY Slip Op 04678 [173 AD3d 831]

Regular Panel Decision

Jun 12, 2019

Daeira v. Genting N.Y., LLC

Ricky Daeira and his wife sued Genting New York, LLC, New York Raceway Association, Inc., and D'Amato Builders & Advisors, LLC, after Ricky Daeira was injured by falling through glass flooring at a construction site, alleging negligence and Labor Law violations. D'Amato Builders & Advisors, LLC subsequently initiated a third-party action against A.F.I. Glass & Architectural Metal, Inc. The Supreme Court denied the plaintiffs' motion for summary judgment on liability and dismissed Labor Law claims against the defendants. On appeal, the Appellate Division modified the Supreme Court's order, denying summary judgment to New York Raceway Association, Inc., on the common-law negligence and contribution claims, while affirming the remainder of the order. The court concluded that the plaintiffs failed to demonstrate that the injured plaintiff was an 'employee' under the Labor Law provisions. It also found that D'Amato Builders & Advisors, LLC, failed to establish its lack of negligence, and New York Raceway Association, Inc., presented contradictory evidence regarding its control over the worksite, precluding summary judgment on the negligence claims.

Personal InjuryConstruction AccidentLabor LawSummary JudgmentCommon-Law NegligenceContributionIndemnificationThird-Party ActionAppellate ReviewWorkplace Safety

References

Case No. 2020 NY Slip Op 07642

Regular Panel Decision

Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

Aston R. Thomas, a claimant, was hired by US Pack Logistics, LLC to deliver blood samples. The Unemployment Insurance Appeal Board determined that Thomas was an employee of US Pack Logistics, LLC, making the company liable for unemployment insurance contributions. US Pack Logistics, LLC appealed this decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's finding of an employer-employee relationship, noting that US Pack Logistics, LLC exercised sufficient supervision, direction, and control over significant aspects of Thomas's work, despite Thomas using his own vehicle and not being reimbursed for expenses. The court emphasized that the determination of an employment relationship is a question of fact, and the Board's decision, if supported by substantial evidence, is beyond further judicial review.

Unemployment Insurance LawEmployer-Employee RelationshipIndependent ContractorControl TestAppellate ReviewUnemployment Insurance ContributionsLabor LawSubstantial EvidenceUnemployment Insurance Appeal BoardJudiciary Law

References

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Updated Daily

Case Law Database

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

Case No. ADJ9300876

Regular

Mar 30, 2017

CASEY MCCREADY vs. HUDSON FISK dba FISK TREE AND ESCAVATING SERVICE, ANYTIME LABOR LLC, A NEVADA LIMITED LIABILITY COMPANY dba LABOR MAX STAFFING

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENYINGstatutory presumptionemployeeindependent contractorburden of proofpreponderance of evidencecredibility determinationsWCJ

References

Case No. 2020 NY Slip Op 03163 [184 AD3d 931]

Regular Panel Decision

Jun 04, 2020

Matter of Skytown Entertainment, LLC (Commissioner of Labor)

Unemployment InsuranceIndependent ContractorStatutory EmployeeLabor LawFilm ProductionVideo ProductionPerforming ArtsEmployer-Employee RelationshipAppellate ReviewUnemployment Insurance Appeal Board

References

Case No. 2022 NY Slip Op 03424 [205 AD3d 1282]

Regular Panel Decision

May 26, 2022

Matter of Hossain (Groundanywhere LLC--Commissioner of Labor)

Unemployment InsuranceIndependent ContractorGig EconomyRide-sharingEmployment RelationshipControl TestAppellate ReviewSubstantial EvidenceDepartment of LaborUber Precedent

References

Case No. 2023 NY Slip Op 03905 [218 AD3d 733]

Regular Panel Decision

Jul 26, 2023

Cruz v. 451 Lexington Realty, LLC

Personal injuryLabor LawSummary judgmentFalling objectConstruction accidentWorkplace safetyDemolitionCommon-law negligenceIndemnificationAppellate review

References

Case No. 2008 NY Slip Op 32713(11)

Regular Panel Decision

Caballero v. BenJamin Beechwood, LLC

Personal InjuryConstruction AccidentScaffold FallLabor Law Section 240(1)Contractual IndemnificationSummary JudgmentAppellate ReviewQueens CountyNegligenceSubcontractor Liability

References

Case No. 2022 NY Slip Op 00701

Regular Panel Decision

Feb 03, 2022

Matter of Martin (Trucking Support Servs., LLC--Commissioner of Labor)

References

Case No. 2018 NY Slip Op 08639 [167 AD3d 865]

Regular Panel Decision

Dec 19, 2018

Mitchell v. Caton on the Park, LLC

References

Case No. 2022 NY Slip Op 00080 [201 AD3d 1045]

Regular Panel Decision

Jan 06, 2022

Matter of Fiorelli (Stallion Express, LLC--Commissioner of Labor)

References

Case No. 2019 NY Slip Op 04678 [173 AD3d 831]

Regular Panel Decision

Jun 12, 2019

Daeira v. Genting N.Y., LLC

Personal InjuryConstruction AccidentLabor LawSummary JudgmentCommon-Law NegligenceContributionIndemnificationThird-Party ActionAppellate ReviewWorkplace Safety

References

Case No. 2020 NY Slip Op 07642

Regular Panel Decision

Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

References

Showing 1-10 of 8,666 results

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