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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
Jun 20, 2005

Hageman v. B & G Building Services, LLC

The plaintiff, injured during demolition work at a Home Depot store, initially sued Home Depot, and later commenced an action against B & G Building Services, LLC (Building) for personal injuries. Building cross-moved for summary judgment, asserting that it was the plaintiff's employer and that the action was barred by Workers' Compensation Law due to an alter ego or joint venturer relationship with the plaintiff's direct employers, the Electrical corporations. The Supreme Court granted Building's cross-motion, dismissing the complaint. On appeal, the order was reversed; the appellate court determined that Building failed to provide sufficient proof to establish an alter ego or joint venturer relationship, which would legally prevent the plaintiff from proceeding with the personal injury action under the Workers' Compensation Law exclusivity provisions.

Personal InjuryWorkers' Compensation ExclusivitySummary JudgmentAlter Ego DoctrineJoint VentureEmployer LiabilityDemolition AccidentAppellate ReviewNassau CountyConstruction Injury
References
9
Case No. MISSING
Regular Panel Decision

Fioranelli v. News Building Corp.

Anthony Fioranelli sued News Building Corporation for injuries sustained during employment. The defendant sought dismissal, arguing that Workers' Compensation was the exclusive remedy because News Building Corporation was effectively the plaintiff's employer, New York News, Inc., due to corporate merger. Prior motions to dismiss on these grounds were denied on procedural issues. This court, however, found that New York News, Inc. was indeed the building's owner at the time of the accident under Business Corporation Law § 906(b)(2). Consequently, the court ruled that Workers' Compensation Law § 11 provided the plaintiff's sole remedy, dismissing the action against the defendant.

Workers' Compensation exclusivityCorporate mergerBuilding ownershipCPLR dismissal motionLaw of the Case doctrineBusiness Corporation LawEmployer liabilityPersonal injury claimProcedural lawSubstantive law
References
5
Case No. MISSING
Regular Panel Decision

Huether v. New York Times Building, LLC

Plaintiff John Huether, a carpenter, sustained injuries while unloading drywall from a truck during the construction of the New York Times Building. The accident occurred when an unsecured steel plate, used to bridge an 8-10 inch gap between the truck and loading dock, shifted, causing a dolly loaded with drywall to tip and crush his right leg. Plaintiffs sued building owners, general contractors, and the truck operator, alleging violations of Labor Law §§ 240(1), 241(6), and 200, as well as common-law negligence. The court granted dismissal of the Labor Law § 240(1) claim as not gravity-related. For Labor Law § 241(6), the court found 12 NYCRR 23-1.22 (b)(3) applicable and violated, granting plaintiffs partial summary judgment, while other cited Industrial Code provisions were deemed inapplicable. Claims under Labor Law § 200 and common-law negligence were dismissed against the building owners (NYT) due to lack of control, but were allowed to proceed against the general contractors (Turner and Amec) due to disputed facts regarding their control over the work methods and notice of unsafe conditions.

Construction AccidentLabor Law § 241(6)Labor Law § 200Summary JudgmentLoading Dock SafetyUnsecured Bridging PlateIndustrial Code ViolationsGeneral Contractor LiabilityMeans and Methods of WorkPremises Condition
References
17
Case No. MISSING
Regular Panel Decision

Olivares, Emilio v. Alfonso Mares, and Multi-Building, Inc.

Emilio Olivares, an injured construction worker, sued Alfonso Mares and Multi-Building, Inc., alleging negligence and premises liability after falling from an unsecured joist. Following a jury trial, the court awarded damages but reduced Olivares's past lost wages. On appeal, Olivares challenged the exclusion of a subcontract, the jury charge focusing on premises liability, the omission of Multi-Building from a negligent activity question, and the reduction of the lost wages award. The appellate court affirmed the trial court's judgment, finding no reversible error in the jury charge, the exclusion of the subcontract, or the reduction of lost wages, and dismissed Multi-Building's conditional cross-points as moot.

NegligencePremises LiabilityConstruction AccidentLost WagesJury Charge ErrorEvidence ExclusionSubcontract DisputeTexas LawAppellate ReviewAbuse of Discretion
References
28
Case No. 01-07-00003-CV
Regular Panel Decision
Jun 26, 2008

in Re Bison Building Materials, Ltd.

Bison Building Materials, Ltd., a nonsubscriber to the Workers' Compensation Act, established an employee injury plan with an arbitration clause. Employee Tracy Sambrano was injured, received benefits, but then sued Bison for negligence, despite signing a post-injury waiver. The trial court denied Bison's motion to compel arbitration. On appeal, the court held that Sambrano had accepted the arbitration terms by continued employment and that the Federal Arbitration Act preempted state laws that would prevent enforcement. Consequently, the court conditionally granted mandamus relief to compel arbitration, finding Bison had not waived its right, and dismissed Sambrano's interlocutory appeal.

Arbitration AgreementFederal Arbitration Act (FAA)Texas General Arbitration Act (TGAA)Workers' Compensation NonsubscriberEmployee Welfare Benefit PlanERISA PreemptionMandamus ReliefInterlocutory AppealWaiver of ArbitrationContract Defenses
References
44
Case No. 08-18-00005-CV
Regular Panel Decision
Mar 21, 2018

Caples Land Company, L.L.C. v. the City of El Paso, Texas and Its Building and Standards Commission

Caples Land Company, L.L.C. appealed a substantial civil penalty levied by the City of El Paso's Building and Standards Commission concerning the 'American Furniture Building'. The dispute originated from compliance issues and the assessment of an initial $2.1 million fine, later reduced to $1.2 million by the district court. Caples Land argued violations of due process, the discriminatory application of a vague Vacant Building Ordinance, and that the fine constituted a regulatory taking exceeding the property's value. The district court upheld the Commission's order as legal and enforceable, but modified the daily civil penalty amount. This appeal seeks reversal or remand of that final judgment.

Building StandardsCivil PenaltyDue ProcessVagueness DoctrineRegulatory TakingExcessive FinesProperty LawMunicipal LawAppellate ProcedureEl Paso County
References
20
Case No. 2019 NY Slip Op 04978
Regular Panel Decision
Jun 19, 2019

Robles v. Taconic Mgt. Co., LLC

Edilberto Robles, a laborer, sustained head injuries from a closing freight elevator door and commenced an action alleging violations of Labor Law §§ 200 and 241 (6) and common-law negligence against multiple entities involved in the building's management, operation, and his employment. The Supreme Court granted several motions for summary judgment. On appeal and cross-appeal, the Appellate Division modified the order. It denied summary judgment to Taconic Management Company, LLC, Taconic Management Corp., 111 Chelsea, LLC, and Waldorf Carting Corporation on the Labor Law § 200 and common-law negligence claims, finding triable issues of fact regarding supervision and control and the alter ego defense. The court also denied summary judgment on indemnification claims against Collins Building Services, Inc., and Waldorf Carting Corporation. The dismissal of the Labor Law § 241 (6) claim against Taconic and Chelsea, and the dismissal of claims against Collins Building Services, Inc., and New York Elevator & Electrical Corporation were affirmed.

Personal injuryLabor Law § 200Labor Law § 241(6)Common-law negligenceSummary judgmentIndemnificationThird-party actionWorkers' Compensation LawAlter ego defensePremises liability
References
20
Case No. 03-02-00611-CV
Regular Panel Decision
Jun 05, 2003

Texas Building Owners and Managers Association, Inc. Building Owners and Managers Association International Tanglewood Property Management Company Emissary Group 5599 San Felipe, Ltd. And the Real Access Alliance v. the Public Utility Commission of Texas and the State of Texas

This case concerns the scope of the Public Utility Commission's power to enforce the Building Access Statutes (Texas Utilities Code §§ 54.259-.261). Appellants, consisting of property management organizations and trade groups, sued the Commission, seeking a declaratory judgment that the Statutes are unconstitutional on their face and a permanent injunction. They argued the statutes cause a taking of their property without adequate compensation and that the Commission lacks delegated power to determine compensation. The district court declared the Statutes facially constitutional and denied injunctive relief. The Court of Appeals affirmed the judgment, holding that the legislature constitutionally delegated to the Commission the power to determine 'reasonable' and 'nondiscriminatory' compensation, providing sufficient guidance and an adequate process for obtaining compensation.

Telecommunications regulationPublic Utility CommissionBuilding Access StatutesConstitutional lawTakings clauseDelegation of powerProperty rightsTelecommunications utilitiesCompetitive marketplaceFacial unconstitutionality
References
30
Case No. MISSING
Regular Panel Decision
Jun 07, 1996

Sorrentino v. Ronbet Co.

This case involved a building employee suing the building owner for personal injuries sustained on the job. The defendant's motion to dismiss the complaint, citing the Workers’ Compensation Law as a bar, was granted by the Supreme Court, Bronx County. This decision was unanimously affirmed on appeal. The court clarified that a prior denial of a summary judgment motion did not prevent a later motion to dismiss during trial. The merits of the case distinguished it from similar precedents, primarily because documentary evidence proved the plaintiff remained the defendant's employee despite claims of a management company being the employer, supported by W-2 statements, mortgage applications, and lack of supervisory evidence from the management company. The listing of the management company as the employer with the Workers’ Compensation Board was deemed inconsequential since the identity of the employer was not disputed before the Board.

Personal InjuryWorkers' Compensation LawEmployer-Employee RelationshipDismissal of ComplaintSummary JudgmentTrial MotionDocumentary EvidenceSupervisionW-2 StatementMortgage Application
References
6
Case No. 2021 NY Slip Op 01870 [192 AD3d 607]
Regular Panel Decision
Mar 25, 2021

Shala v. Park Regis Apt. Corp.

Plaintiff Sahit Shala was injured while renovating an apartment in a cooperative building owned by Park Regis Apartment Corporation. Park Regis, acting as third-party plaintiff, moved for summary judgment on its claims for contractual indemnification and breach of contract for failure to procure insurance against ASA Building Maintenance, Inc., plaintiff's employer and the third-party defendant. The Supreme Court initially granted Park Regis's motion and denied ASA's. The Appellate Division modified the order, acknowledging that ASA was bound by an alteration agreement requiring indemnification and insurance procurement. However, it found issues of fact precluding summary judgment for both parties on the contractual indemnification and breach of contract claims. Additionally, the court granted ASA's motion to dismiss Park Regis's common-law indemnification and contribution claims, as Park Regis failed to address whether the plaintiff sustained a grave injury under Workers' Compensation Law § 11.

Contractual IndemnificationBreach of ContractFailure to Procure InsuranceSummary JudgmentCommon-Law IndemnificationContribution ClaimsWorkers' Compensation Law § 11Grave InjuryAlteration AgreementAppellate Review
References
4
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