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

Case No. 2023 NY Slip Op 05464 [220 AD3d 614]
Regular Panel Decision
Oct 31, 2023

Children's Magical Garden, Inc. v. Marom

This case involves an appeal from an order that granted an adverse inference charge against the defendant for spoliation of evidence. The Supreme Court found the defendant grossly negligent in spoliation. However, the Appellate Division, First Department, determined that the imposed adverse inference charge was inappropriate because it required rather than permitted the jury to draw an adverse inference. Furthermore, due to conflicting testimony, the issues of spoliation and the warrant for an adverse inference should have been presented to the jury first. Consequently, the appellate court modified the order by deleting the specific adverse inference charge, remanding the matter for a new charge, and otherwise affirming the order.

Spoliation of evidenceAdverse inference chargeGross negligenceAppellate reviewEvidentiary sanctionsCivil procedureDiscoveryJury instructionsRemandNew York law
References
3
Case No. MISSING
Regular Panel Decision

Figueroa v. New York City Health & Hospitals Corp.

Plaintiff Nohemi Figueroa, a former employee of the New York City Health and Hospitals Corporation (HHC), sued for employment discrimination based on national origin and gender under federal, state, and city human rights laws. HHC moved for summary judgment, asserting that Figueroa did not suffer adverse employment action, that the alleged actions did not infer discrimination, and that HHC had legitimate business reasons. The court ruled that the denial of vacation choice was not a materially adverse employment action. While assuming the initial denial of sick leave could be considered an adverse action, the court found insufficient evidence to infer sex or national origin discrimination. Ultimately, the court concluded that HHC presented legitimate, non-discriminatory reasons for its actions. Therefore, the defendant's motion for summary judgment was granted in its entirety.

Employment DiscriminationNational Origin DiscriminationGender DiscriminationTitle VIINew York City Human Rights LawNew York State Human Rights LawSummary JudgmentPrima Facie CaseAdverse Employment ActionVacation Leave
References
28
Case No. ADJ7700512
Regular
Jan 27, 2017

John E. Skaff vs. CITY OF STOCKTON

The Workers' Compensation Appeals Board granted reconsideration of a decision denying a police officer's claim for prostate cancer. The applicant sought an adverse inference against the City of Stockton for failing to produce Hazard Awareness Recognition Program (HARP) forms allegedly detailing chemical exposures during methamphetamine lab investigations. The Board rescinded the prior decision, returning the case for further development of the record. This is to determine whether the City had a duty to retain and produce the HARP forms, and if the applicant exercised reasonable diligence in seeking them. The Board will then allow the WCJ to decide if an adverse inference is warranted and issue a new decision.

Hazard Awareness Recognition ProgramHARP formsadverse inferenceindustrial causationprostate cancerchemical exposuremethamphetamine labspolice officerQualified Medical ExaminerDr. Juan Cesar Larach
References
1
Case No. 2018 NY Slip Op 06248 [164 AD3d 1458]
Regular Panel Decision
Sep 26, 2018

Neve v. City of New York

Plaintiff Anthony Neve, a New York City Sanitation worker, was allegedly injured when the seat of a street sweeper he operated collapsed. He sued the City of New York for negligence. The City initiated third-party actions against Johnston Sweeper Company (manufacturer) and Seats, Inc. (seat manufacturer). Following the City's disposal of the sweeper, the plaintiff was granted an adverse inference charge for spoliation of evidence. Both the plaintiff and Johnston Sweeper Company moved for summary judgment, which the Supreme Court denied. The Appellate Division affirmed the Supreme Court's order, clarifying that the adverse inference charge did not eliminate the plaintiff's burden to prove all elements of his negligence claim, including the defect's existence and causation.

spoliation of evidencesummary judgmentadverse inferencenegligencepersonal injurythird-party actionproduct liabilityappellate reviewmunicipal liabilitysanitation worker
References
4
Case No. MISSING
Regular Panel Decision

Ramirez v. Pride Development & Construction Corp.

Plaintiff Orfelindo Cordero Ramirez filed an in limine motion seeking to preclude testimony from a witness for third-party defendant Muna Contracting Corporation. The motion arose from a personal injury action where Muna's failure to maintain employee records hindered Ramirez's ability to identify crucial witnesses to his alleged accident. United States Magistrate Judge James Orenstein recommended denying the preclusion request but suggested an alternative remedy: instructing the jury that it may draw an adverse inference against Muna due to its misconduct. District Judge Ross reviewed the Report and Recommendation, found no clear error, and adopted it in its entirety. Consequently, Ramirez's motion to preclude was denied, but the court will instruct the jury to consider an adverse inference against Muna.

In Limine MotionAdverse InferenceSpoliationDiscovery SanctionsRule 37New York Labor LawEmployee RecordsWitness PreclusionMagistrate JudgeReport and Recommendation
References
14
Case No. 01 Civ. 2835
Regular Panel Decision

Johnson v. Eastchester Union Free School District

Oswald Johnson, a 69-year-old cleaner, sued the Eastchester Union Free School District for age discrimination under the Age Discrimination in Employment Act (ADEA) after his job location and hours were changed. The school district moved for summary judgment, arguing Johnson failed to establish an adverse employment action or an inference of discrimination. The court found that mere inconvenience from a lateral transfer and shift change, without a reduction in wages or altered job responsibilities, does not constitute a materially adverse employment action. Furthermore, the court determined that the evidence did not support an inference of age discrimination, as other employees of varying ages also experienced job assignment changes, and the decision-maker was also over 40. The court also found the mandatory physical examination, which revealed Johnson's cataracts, was job-related and consistent with business necessity. Therefore, Johnson failed to establish a prima facie case of discrimination, and the court granted summary judgment to the Eastchester Union Free School District, dismissing the complaint.

Age DiscriminationEmployment LawSummary JudgmentAdverse Employment ActionDisparate TreatmentADEALateral TransferShift ChangePhysical ExaminationPrima Facie Case
References
29
Case No. MISSING
Regular Panel Decision

Whethers v. Nassau Health Care Corp.

The case involves plaintiff Doreen Whethers suing Nassau Health Care Corporation and several individual defendants for race-based discrimination and retaliatory employment practices under Title VII, 42 U.S.C. §§ 1981 and 1983, and New York’s Human Rights Law. Whethers, an African American employee, alleged adverse employment actions including transfer to an inadequate office space and reassignment to less significant duties in the Medical Records Department. The court granted the defendants' motion for summary judgment, finding that Whethers failed to establish a prima facie case of discrimination as she did not provide sufficient evidence to infer discriminatory intent. Additionally, her retaliation claims failed as the alleged protected activities either occurred after the adverse actions or were within her normal job duties. Consequently, all of Whethers' claims were dismissed.

DiscriminationRetaliationTitle VII42 U.S.C. 198142 U.S.C. 1983New York Human Rights LawSummary JudgmentAdverse Employment ActionPrima Facie CaseMcDonnell Douglas
References
63
Case No. 08-20-00035-CV
Regular Panel Decision
Aug 16, 2022

Boerne to Bergheim Coalition for Clean Environment v. Texas Commission on Environmental Quality and Vulcan Construction Materials, LLC

The dissenting opinion addresses a case under the Texas Clean Air Act, specifically concerning Sections 382.052 and 382.05198, regarding a permit for a concrete plant near Hill Country Montessori School. The Texas Commission on Environmental Quality (TCEQ) issued the permit, arguing its general protectiveness review satisfied the requirements for considering adverse effects on nearby schools under Section 382.052. The majority agreed with the TCEQ's interpretation. However, the dissenting judge contends that the TCEQ abused its discretion by not conducting a specific analysis of possible adverse effects on individuals at the school, despite the clear mandatory language of Section 382.052. The dissent argues that the standard permit requirements of Section 382.05198 do not override or implicitly fulfill the specific school protectiveness review. The judge concludes that the TCEQ's reliance on inference rather than particular consideration was an error. The dissenting judge would have sustained the appellant's first issue.

Texas Clean Air ActEnvironmental LawAir QualityPermit IssuanceConcrete PlantSchool ProximityStatutory InterpretationAdministrative DiscretionDissenting OpinionPublic Health
References
12
Case No. MISSING
Regular Panel Decision

Davis v. Aetna Casualty & Surety Co.

Wilbert L. Davis appealed an adverse summary judgment in his suit against Aetna Casualty & Surety Company, alleging breach of the covenant of good faith and fair dealing. Davis suffered a work injury in 1984, and Aetna, the insurance carrier, denied his claim in 1986. Although the Industrial Accident Board later awarded Davis benefits, he filed his breach of good faith suit in March 1990. The trial court granted summary judgment for Aetna, finding Davis's suit was barred by the two-year statute of limitations, which began when Aetna initially denied the claim in January 1986. The appellate court affirmed the judgment, concluding that the discovery rule did not apply to outright denials of claims and that subsequent acts of bad faith did not create a new or continuing tort.

Summary judgmentStatute of limitationsBreach of good faith and fair dealingWorkers' compensationAccrual of cause of actionDenial of coverageDiscovery ruleContinuing tortPre-existing conditionAppellate review
References
3
Case No. MISSING
Regular Panel Decision

Albertson v. Fidelity & Deposit Co.

The court ruled that rules 113 and 114 of the Rules of Civil Practice do not provide for granting summary judgment in an equity action concerning the determination of title for adverse claimants to a fund held by Fidelity and Deposit Company of Maryland. Consequently, the previous judgment and order were unanimously reversed, with costs awarded, and the motion was denied.

Summary JudgmentEquity ActionCivil ProcedureAdverse ClaimsFund DisputeReversed Judgment
References
1
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