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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Bonded Waterproofing Services, Inc. v. Anderson-Bernard Agency, Inc.

This case involves Bonded Waterproofing Services, Inc. suing its insurance broker, Anderson-Bernard Agency, Inc. and Thomas Bernard (A-B and Bernard), and its insurer, National Indemnity Company (NIC), after NIC disclaimed coverage for a worker's injury. Bonded alleged that A-B and Bernard misrepresented coverage, breached contract, and were negligent in failing to obtain adequate insurance, and that NIC was vicariously liable. The Supreme Court denied motions to dismiss by A-B and Bernard and a summary judgment motion by NIC. On appeal, the court affirmed the denial of A-B and Bernard's motions, finding that Bonded sufficiently stated causes of action for negligent misrepresentation and breach of contract, and that the negligence claim was not time-barred. However, the court found that NIC's motion for summary judgment should have been granted, as A-B and Bernard were not its agents.

Insurance Coverage DisputeBroker NegligenceBreach of ContractNegligent MisrepresentationSummary Judgment MotionVicarious LiabilityAgency RelationshipStatute of LimitationsConflict of LawsNew York Law
References
26
Case No. MISSING
Regular Panel Decision
Jul 25, 2012

Robinson v. Bond Street Levy, LLC

Peter Robinson, a laborer for Virginia Construction & Management, Inc., was injured on December 26, 2007, when he fell from a ladder after being struck by ductwork at a building owned by Bond Street Levy, LLC. He and his wife subsequently commenced an action against Bond Street Levy, LLC, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' motion for summary judgment on the issue of liability. The appellate court affirmed this decision, finding that the plaintiffs successfully established the absence of adequate safety devices and that this violation was a proximate cause of the injuries. The defendant's arguments regarding a triable issue of fact on sole proximate cause and prematurity of the motion were rejected.

Personal InjuryLabor LawWorkplace AccidentLadder FallSummary JudgmentLiabilityProperty OwnerConstruction SiteNondelegable DutyProximate Cause
References
16
Case No. ADJ7567617
Regular
Jun 05, 2015

EDWIN LEE (Decedent), MIJUNG LEE (Guardian ad Litem and Trustee) vs. ABBA BAIL BONDS, STATE COMPENSATION INSURANCE FUND

This case concerns the division of attorney fees awarded from a workers' compensation death settlement. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that undervalued the services of the decedent's initial attorney, Todd Arron. The WCAB found that while Arron's initial efforts were crucial to establishing liability, current attorney Robert Lee handled the bulk of the case. Consequently, the WCAB rescinded the prior award and reallocated the $43,633.33 fee, awarding one-third ($14,544.44) to Arron and two-thirds ($29,088.89) to Lee.

Workers' Compensation Appeals BoardGuardian ad LitemTrusteeAbba Bail BondsState Compensation Insurance FundOrder Approving Compromise and ReleaseAttorney FeesLien ClaimantPetition for ReconsiderationFindings of Fact and Award
References
5
Case No. MISSING
Regular Panel Decision

Bond v. Sterling, Inc.

Christine Bond sued her former employers, Sterling, Inc. and Kay Jewelers, Inc., alleging sex, disability, and pregnancy-based discrimination under federal and New York State laws. Defendants moved for partial dismissal, while Bond cross-moved for partial judgment on the pleadings and to amend her complaint. The court denied dismissal for pregnancy discrimination (Count One) and a claim for punitive damages (Count Five), but granted dismissal for disability discrimination (Count Two), finding that breast-feeding does not constitute a disability under the New York Human Rights Law. Bond's cross-motion for judgment on the pleadings was denied. Her motion to amend was partially granted to add Sterling Jewelers, Inc. as a defendant and to include specific language regarding pregnancy discrimination, but denied for other proposed claims.

DiscriminationPregnancy DiscriminationDisability DiscriminationFamily Medical Leave ActBreastfeedingEmployment LawNew York Human Rights LawCivil Rights LawMotion to DismissJudgment on Pleadings
References
32
Case No. MISSING
Regular Panel Decision

United States v. Leitner

The government appealed a Magistrate's order granting bail to a defendant in an extradition proceeding. The defendant is wanted by Israel for multiple acts of terrorism, including attempted murder and arson, and fled to the U.S. after agreeing to testify against co-conspirators. The court emphasized that bail in extradition cases requires 'special circumstances' due to international relations and the serious nature of terrorism charges, applying stricter standards than domestic criminal cases. Finding no special hardship for the defendant and considering the flight risk and the importance of U.S.-Israel relations, the court reversed the Magistrate's decision, ordering the defendant to be held without bail.

ExtraditionBail AppealTerrorismFlight RiskInternational RelationsIsraelAttempted MurderArsonConspiracyMagistrate Reversal
References
4
Case No. MISSING
Regular Panel Decision

Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision
Mar 27, 2002

McGreevy v. Jameson

Plaintiff David P. McGreevy, a truck driver for Capital Cities Leasing Corporation, and his spouse initiated an action against Bonded Concrete, Inc. and Deirdre F. Jameson following a vehicle collision involving a truck owned by Bonded Concrete. The plaintiffs alleged negligence in truck maintenance. Bonded Concrete moved for summary judgment, asserting that McGreevy was a special employee covered by workers' compensation, thus barring the lawsuit. The Supreme Court denied this motion, citing a material issue of fact concerning McGreevy's employment status. The appellate court affirmed this decision, finding that despite some evidence supporting special employment, conflicting testimony regarding supervision and control precluded summary judgment and necessitated further factual determination.

Special EmploymentSummary JudgmentWorkers' Compensation BenefitsEmployer LiabilityControl and SupervisionFactual IssueAppellate ReviewNegligence ClaimTruck AccidentVicarious Liability
References
3
Case No. ADJ7721818 ADJ7721448
Regular
Feb 04, 2013

JERRY BONDS vs. LANDJET MOTOR CARRIER, STATE COMPENSATION INSURANCE FUND

This case involves applicant Jerry Bonds' workers' compensation claims against Landjet Motor Carrier and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Bonds' Petition for Reconsideration. The dismissal is based on the grounds that the petition was not timely filed. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in their decision.

Petition for ReconsiderationDismissedTimely FiledWCJ ReportWorkers' Compensation Appeals BoardLandjet Motor CarrierState Compensation Insurance FundADJ7721818ADJ7721448Pomona District Office
References
0
Case No. 534559
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Tayna Bond

Claimant, a nurse, sought workers' compensation benefits for injuries sustained in an assault. The Workers' Compensation Law Judge initially established claims for head and neck injuries but found no causal relationship for anxiety and a right shoulder injury. The Workers' Compensation Board modified this decision to include cephalgia but otherwise affirmed. Claimant appealed, challenging the Board's findings regarding causally-related anxiety, the right shoulder injury, and the degree of her temporary partial disability. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the Board's findings that anxiety and the right shoulder injury were not causally related, and that her partial disability was 80%, not 100%.

Workers' CompensationAnxiety DisorderRight Shoulder InjuryCausal RelationshipDisability AssessmentNurse InjuryPatient AssaultMedical EvidenceConflicting Medical OpinionsAppellate Review
References
18
Case No. ADJ7446535, ADJ7471105
Regular
Mar 07, 2012

Jerry Bonds vs. American Institute of Technology Inc., Chartis

Applicant Jerry Bonds, unrepresented, filed a document requesting a change of venue, alleging bias from the Presiding Workers' Compensation Administrative Law Judge. The Board dismissed the petition for disqualification, construing it as such. The case is returned to the trial level for the appropriate judge to rule on the change of venue request.

Petition for DisqualificationChange of VenuePresiding Workers' Compensation Administrative Law JudgeWCJImpartialityDistrict OfficeTrial LevelDispositionWorkers' Compensation Appeals BoardDismissed
References
0
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