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

Case No. MISSING
Regular Panel Decision

Angwin v. SRF Partnership, L. P.

Wells Fargo Alarm Services, Inc., the defendant third-party plaintiff, appealed an order from the Supreme Court, Queens County, which granted summary judgment to Kinray, Inc., the third-party defendant, and denied Wells Fargo's cross-motion for contractual indemnification. The dispute arose after Katherine Angwin, a Kinray employee, was injured by a magnetic lock from an alarm system installed by Wells Fargo under an agreement with Kinray. Wells Fargo sought common-law and contractual indemnification from Kinray, but the Supreme Court dismissed the claims. The appellate court affirmed the decision, concluding that Angwin's injuries did not meet the "grave injury" threshold under Workers' Compensation Law § 11 for common-law indemnification. Furthermore, the court found the contractual indemnification clause did not cover the specific claim and, even if it did, it would be unenforceable under General Obligations Law § 5-323.

Contractual IndemnificationCommon-Law IndemnificationSummary JudgmentWorkers' Compensation LawGrave InjuryPersonal InjuryThird-Party ActionAlarm SystemNegligent InstallationGeneral Obligations Law
References
7
Case No. 2023 NY Slip Op 06136 [221 AD3d 1003]
Regular Panel Decision
Nov 29, 2023

Matter of D&W Cent. Sta. Fire Alarm Co., Inc. v. FlatironHotel Operations, LLC

D&W Central Station Fire Alarm Co., Inc. initiated a proceeding to confirm an arbitration award against FlatironHotel Operations, LLC, which included attorneys' fees. FlatironHotel cross-petitioned to vacate the attorneys' fees award. The Supreme Court initially granted D&W's petition. On appeal, the Appellate Division, Second Department, reversed the judgment, finding the arbitrator's award of attorneys' fees irrational and contrary to public policy against excessive fees. The court determined the fee amount was not supported by proof and exceeded reasonable compensation factors. Consequently, the Appellate Division denied D&W's request for fees, granted FlatironHotel's cross-petition to vacate the arbitration award regarding attorneys' fees, and remitted the matter for a new hearing on the amount of attorneys' fees.

Arbitration AwardAttorneys' FeesContractual ProvisionJudicial ReviewAppellate PracticeBreach of ContractVacaturModificationRationalityPublic Policy
References
15
Case No. 2023 NY Slip Op 04372 [219 AD3d 819]
Regular Panel Decision
Aug 23, 2023

Iannaccone v. United Natural Foods, Inc.

The plaintiff, Louis Iannaccone, appealed an order from the Supreme Court, Rockland County, which had granted summary judgment dismissing his Labor Law § 240 (1) claim. Iannaccone alleged personal injuries suffered in October 2015 while installing camera systems for United Natural Foods, Inc., when an extension ladder he was on, resting on landscaping rocks, shifted and caused him to fall. The Supreme Court initially granted motions by the defendant and third-party defendants (Protection One Alarm Monitoring, Inc., and Protection One Systems, Inc.) to dismiss the Labor Law § 240 (1) cause of action. The Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant and third-party defendants failed to establish, prima facie, that Iannaccone's actions were the sole proximate cause of his injuries. The Appellate Division noted Iannaccone's testimony about the unsafe alternative placement of the ladder and the lack of evidence that available safety ties, not at the job site, would have prevented the fall. Consequently, the motions for summary judgment dismissing the Labor Law § 240 (1) claim were denied.

Personal InjuryLadder SafetyLabor Law 240(1)Summary Judgment ReversalAppellate ReviewProximate CauseRecalcitrant WorkerSafety DevicesConstruction AccidentWorkplace Injury
References
16
Case No. 2022 NY Slip Op 00945 [202 AD3d 509]
Regular Panel Decision
Feb 10, 2022

O'Flaherty v. Columbo

Plaintiff Brian O'Flaherty alleges severe, permanent injuries from an assault by employees of defendant Burgess at a construction site. Plaintiff sued multiple defendants, including TJM Construction, a subcontractor, which then initiated third-party actions against plaintiff's employer, Jackson Installation. Jackson Installation moved for summary judgment arguing the claims were barred by Workers' Compensation Law exclusivity provisions as no "grave injury" was alleged. The motion court properly denied Jackson Installation's motion, finding it failed to prima facie establish that plaintiff's injuries were not "grave." The court also found TJM Construction's argument regarding incomplete discovery on plaintiff's medical condition sufficient to deny the motion as premature. The Appellate Division, First Department, unanimously affirmed the lower court's decision.

Construction site injuryAssaultWorkers' Compensation LawGrave injurySummary judgmentCommon-law indemnificationContributionDiscoveryPremature motionAppellate review
References
5
Case No. 2023 NY Slip Op 06781 [222 AD3d 1291]
Regular Panel Decision
Dec 28, 2023

Matter of Reyes v. Nationwide Furniture Installers

Claimant Audis Reyes, a construction worker, established a workers' compensation claim in 2018 for causally-related chronic rhinitis, chronic sinusitis, asthma, and drug-induced diabetes following cleanup work after the World Trade Center attacks. He was initially classified with a permanent partial disability and a 55% wage-earning capacity. Reyes sought reclassification to a total industrial disability, which was denied by a Workers' Compensation Law Judge and subsequently upheld by the Workers' Compensation Board. On appeal, the Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board properly considered vocational factors and that its determination of no total industrial disability was supported by substantial evidence from vocational rehabilitation experts.

Workers' CompensationPermanent Partial DisabilityTotal Industrial DisabilityWage-Earning CapacityVocational FactorsAppellate ReviewSubstantial EvidenceWorld Trade Center ClaimsChronic RhinitisAsthma
References
9
Case No. 2019 NY Slip Op 04251 [172 AD3d 1852]
Regular Panel Decision
May 30, 2019

Matter of Aldea v. Damari Installations Corp.

Claimant Niegel Aldea, a scaffold builder, appealed a Workers' Compensation Board decision denying his claim for benefits for a lower back injury allegedly sustained on September 13, 2016, while lifting planks at work. The Workers' Compensation Law Judge initially established the claim, crediting Aldea's testimony. However, the Board reversed, finding insufficient evidence that a compensable work-related accident occurred and that timely notice was provided. The Appellate Division, Third Department, affirmed the Board's decision, deferring to its credibility assessment and concluding that the decision was supported by substantial evidence. The court found no merit in Aldea's remaining contentions.

Workers' CompensationScope of EmploymentNotice of InjuryCredibility AssessmentSubstantial EvidenceScaffold BuilderBack InjuryAppellate ReviewClaim DenialInjury Causation
References
9
Case No. 2023-06-5023
Regular Panel Decision
Apr 08, 2024

Swanson, Darold v. Facility Installation Service

The Court of Workers' Compensation Claims at Nashville addressed motions in the case of Darold Swanson. Swanson filed a petition alleging a COVID-19 work-related injury from August 2021, seeking benefits from Facility Installation Service, Auto Owners Ins. Co., and the Subsequent Injury and Vocational Recovery Fund. The employer moved to dismiss the petition, citing that it was filed nearly two years post-injury, thus exceeding the one-year statute of limitations. Swanson also filed a motion to continue, claiming incapacitation, but failed to appear at the hearing or provide adequate support. Judge Joshua D. Baker denied Swanson's motion to continue and granted the employer's motion to dismiss with prejudice, ruling that the claim was time-barred and no tolling exceptions applied.

Workers' CompensationStatute of LimitationsMotion to DismissCOVID-19 ClaimTimelinessTolling DoctrineIncapacity ClaimFailure to AppearProcedural DismissalTennessee Workers' Compensation Law
References
5
Case No. 2015-06-0518
Regular Panel Decision
Oct 26, 2015

Hall, Phyllis v. Fisher Installations, LLC

Phyllis Hall, an employee of Fisher Installations, LLC, sustained a right rotator-cuff injury after a fall at work. Fisher initially instructed Ms. Hall to seek treatment under her private insurance and provided some co-payment money, but later refused further assistance when surgery was recommended. The employer also failed to report the injury to its workers' compensation carrier, claiming Ms. Hall was concerned about a drug test, which Ms. Hall denied. The Court found that Fisher failed to prove an intoxication defense and that Ms. Hall had established her entitlement to medical and temporary disability benefits. The Court ordered Fisher to cover past and ongoing medical costs, reimburse Ms. Hall, and pay temporary disability benefits from June 5, 2015, until she is released to work or reaches maximum medical improvement.

Workers' CompensationRotator Cuff InjuryMedical BenefitsTemporary DisabilityExpedited HearingEmployer NegligenceFailure to ReportDrug TestingTennessee LawPanel of Physicians
References
7
Case No. MISSING
Regular Panel Decision
Sep 13, 1999

Soto v. Alert No. 1 Alarm Systems, Inc.

This case involves an appeal concerning indemnification claims arising from a personal injury incident. Waldo Soto, an employee of Gracie Square River Corp., was injured by an automatic gate. He and his wife sued Alert No. 1 Alarm Systems, Inc., which had a contract with Gracie Square. Alert then initiated a third-party action against Gracie Square for common-law and contractual indemnification. The Supreme Court's initial order was appealed. The appellate court modified the order, dismissing Alert's common-law indemnification claim due to Workers' Compensation Law § 11 and denying Alert's cross-motion for conditional summary judgment on contractual indemnification, citing unresolved factual issues.

Personal InjuryIndemnificationContractual IndemnificationCommon-Law IndemnificationSummary JudgmentWorkers' Compensation Law § 11Grave InjuryThird-Party ActionAppellate DecisionContractual Obligation
References
5
Case No. MISSING
Regular Panel Decision

FLADD, JESSE v. INSTALLED BUILDING PRODUCTS, LLC

Plaintiff commenced a Labor Law and common-law negligence action after sustaining injuries while installing spray foam insulation, allegedly struck by a garage door while on a wobbly ladder placed on an unstable surface. Defendants, Morrell Builders, Inc. and S&J Morrell, Inc., moved for summary judgment, which was largely denied except for Labor Law § 200 and common-law negligence claims. Plaintiff cross-moved for partial summary judgment on Labor Law § 240 (1) liability, which was partially granted by the Supreme Court. The appellate court modified the order, denying plaintiff's cross-motion in its entirety but affirming the denial of defendants' motion regarding Labor Law §§ 240 (1) and 241 (6). The court found unresolved issues of fact concerning the accident's specifics and potential violations of Industrial Code provisions related to ladder placement.

Construction SafetyLadder AccidentPersonal InjurySummary Judgment MotionAppellate ReviewLabor Law § 240(1)Labor Law § 241(6)Industrial Code ViolationsProximate CauseWorkplace Accident
References
13
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