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

Case No. 2022 NY Slip Op 06738 [210 AD3d 572]
Regular Panel Decision
Nov 29, 2022

Aguilera v. BJ's Wholesale Club, Inc.

Plaintiff, Anneldy Aguilera, was injured after slipping on an unidentified wet substance in the women's restroom at a BJ's Wholesale Club store. The defendant, BJ's Wholesale Club, Inc., moved for summary judgment, arguing a lack of actual or constructive notice of the hazardous condition. A maintenance worker's testimony of regular, twice-hourly inspections and cleaning of the bathroom was presented as prima facie evidence. The Supreme Court, Bronx County, granted the defendant's motion. On appeal, the Appellate Division, First Department, affirmed this decision, finding that the plaintiff failed to raise a triable issue of fact and that a timeframe of four to thirty minutes was insufficient to establish constructive notice.

Premises liabilitySlip and fallSummary judgmentConstructive noticeActual noticeMaintenanceBathroom accidentAppellate affirmanceWet substanceHazardous condition
References
4
Case No. MISSING
Regular Panel Decision

Severino v. Schuyler Meadows Club, Inc.

Peter Severino, an injured worker, and his wife, Patricia Severino, filed suit after Peter sustained injuries at a construction site in Colonie, Albany County. The site was owned by Schuyler Meadows Club, Inc. and Schuyler Meadows Country Club, Inc., with Barry, Bette & Led Duke, Inc. (BBLD) as the general contractor. Peter was injured when a ladder he was using shifted and an angle iron fell, striking him. The complaint alleged negligence and violations of Labor Law sections 200(1), 240(1), and 241(6). The Supreme Court granted a directed verdict against Schuyler and BBLD for violating Labor Law § 240(1), dismissed claims against Schenectady Steel Company, Inc., and denied BBLD's motion against Brownell Steel, Inc. The jury found BBLD 20% liable and Brownell 80% liable. The judgment and order were affirmed on appeal.

Construction Site AccidentLadder FallFalling ObjectLabor Law ViolationsDirected VerdictIndemnificationCommon-Law IndemnificationContractual IndemnificationAppellate ReviewJury Verdict
References
16
Case No. MISSING
Regular Panel Decision

Unite Here Local 100 v. Westchester Hills Golf Club, Inc.

The case involves a dispute between UNITE HERE Local 100 and its President, William Granfield (Petitioners), and Westchester Hills Golf Club, Inc. (Respondent), concerning a labor arbitration award from January 28, 2015. Petitioners sought to confirm the award, which ordered the reinstatement of employee Timothy Cremin with back pay after finding his termination by WHGC to be without just cause and a "Last Chance Agreement" (LCA) unenforceable. Respondent cross-moved to vacate the award, arguing the arbitrator exceeded his authority by disregarding a prior "Final Warning" and invalidating the LCA, and by not considering mitigation of damages. The United States District Court for the Southern District of New York, presided over by Judge Laura Taylor Swain, granted Petitioners' motion to confirm the arbitration award and awarded pre-judgment interest. The court denied Respondent's motion to vacate and also denied Petitioners' request for attorneys' fees and costs, finding the arbitrator acted within the scope of his authority in interpreting the collective bargaining agreement.

Labor DisputeArbitration AwardConfirmationVacaturSummary JudgmentReinstatementBack PayPre-judgment InterestAttorneys' Fees DeniedCollective Bargaining Agreement
References
11
Case No. ADJ9878134
Regular
Oct 12, 2018

Brian Gault vs. Americana Vacation Clubs, Inc.

This case concerns an applicant who suffered a knee injury that led to a chronic infection requiring lifelong antibiotic treatment. The Workers' Compensation Appeals Board granted reconsideration to correct the permanent disability rate and found the applicant's condition to be an "insidious, progressive disease." Therefore, they awarded an interim permanent disability rating with jurisdiction reserved to award additional benefits due to the likely future complications from the antibiotic therapy. The Board also deferred the penalty for delayed indemnity payment pending the final resolution of permanent disability.

Workers Compensation Appeals BoardAmericana Vacation ClubsInc.Republic Underwriters Insurance CompanyBrian GaultApril 142014right kneeinternal body systemsinfection
References
9
Case No. 2015 NY Slip Op 04775
Regular Panel Decision
Jun 09, 2015

Smith v. Girls Club of N.Y.

The Appellate Division, First Department, affirmed the denial of plaintiff Mark A. Smith's motion for partial summary judgment on his Labor Law § 240 (1) claim against Girls Club of New York. Smith was injured while voluntarily participating in a community service program. The court found that Smith failed to establish he was an "employee" entitled to the protections of Labor Law § 240 (1), a prerequisite for his claim. His reliance on the Workers' Compensation Law was deemed unavailing, and new evidence submitted did not alter the determination. The court concluded that Smith was not employed by an agent of the defendant.

Labor Law § 240(1)Community Service ProgramEmployee StatusSummary JudgmentWorkers' CompensationAppellate ReviewVoluntary ParticipationPersonal InjuryScope of EmploymentJudiciary Law
References
4
Case No. MISSING
Regular Panel Decision

Rubeis v. Aqua Club, Inc.

Aldo Rubeis was injured after falling from a ladder while installing a steel cupola, sustaining a brain injury. He sued Aqua Club, Inc., who then impleaded Rubeis's employer, Venezia Iron Works, Inc., alleging a "grave injury" under Workers' Compensation Law § 11 for common-law indemnification and contribution. The Supreme Court denied Venezia Iron Works' motion to dismiss, and a jury found Rubeis sustained a grave injury. Venezia Iron Works appealed. The Appellate Division reviewed the definition of "grave injury" under Workers' Compensation Law § 11, specifically "permanent total disability" in the context of brain injury cases. The Court concluded that Rubeis's injuries, despite their severity, did not meet the "narrowly defined" standard for grave injury based on prior precedents, which focus on day-to-day functions rather than just employability. Therefore, the Appellate Division reversed the judgment, granted Venezia Iron Works' motion, and dismissed the third-party complaint.

Grave InjuryWorkers' Compensation Law § 11Permanent Total Disability DefinitionBrain Injury SeverityCommon Law IndemnificationContribution ClaimThird-Party Action DismissalAppellate Review StandardsStatutory InterpretationEmployer Liability Exemption
References
9
Case No. 2022 NY Slip Op 05840
Regular Panel Decision
Oct 19, 2022

Exley v. Cassell Vacation Homes, Inc.

The plaintiff, Bruce Exley, allegedly sustained injuries after falling from a defective ladder while attempting to repair a leak on a roof owned by the defendant, Cassell Vacation Homes, Inc. Exley, who lived rent-free on the property in exchange for maintenance, brought an action against the defendant, citing a violation of Labor Law § 240 (1). The Supreme Court granted the plaintiff's motion for summary judgment on liability and denied the defendant's cross-motion to dismiss the complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the plaintiff successfully demonstrated, prima facie, that the ladder was defective and improperly secured, constituting a violation of Labor Law § 240 (1) and a proximate cause of his injuries.

Personal InjuryLadder AccidentElevated Work SiteSummary JudgmentPremises LiabilityLabor Law § 240(1)Proximate CauseSafety DevicesDefective LadderAppellate Review
References
8
Case No. 2022 NY Slip Op 04901 [208 AD3d 560]
Regular Panel Decision
Aug 10, 2022

Flores v. Crescent Beach Club, LLC

Plaintiff Robert Flores sustained injuries while demolishing a wooden pergola and subsequently filed two personal injury actions, later consolidated, against Crescent Beach Club, LLC and Lad Creative, Inc., alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). Lad Creative, Inc. appealed a Supreme Court order denying its motion for summary judgment dismissing the complaint against it. The Appellate Division, Second Department, modified the order. It found that Lad Creative failed to establish, prima facie, that it was not a general contractor or agent under Labor Law § 240 (1), thus affirming the denial of summary judgment for that specific claim. However, the court granted summary judgment dismissing the common-law negligence and Labor Law §§ 200 and 241 (6) causes of action, concluding that Lad Creative had shown the inapplicability of Industrial Code 12 NYCRR 23-3.3 (c) for the § 241 (6) claim and that it lacked authority to supervise or control the work for the common-law negligence and § 200 claims.

Personal InjuryDemolition AccidentLabor Law § 240(1)Labor Law § 241(6)Labor Law § 200Common-law NegligenceSummary JudgmentGeneral Contractor LiabilityWorkplace SafetyAppellate Review
References
24
Case No. MISSING
Regular Panel Decision

Curtis v. Schlegel Manufacturing Corp.

The plaintiff, a former employee, sought $419 in back vacation pay from the defendant, his former employer, under a collective bargaining agreement. The plaintiff initiated a lawsuit in Henrietta Justice Court after being denied recovery through the initial steps of the grievance procedure, but before exhausting the final step of binding arbitration. The Monroe County Court affirmed the lower court's judgment. However, the appellate court determined that the employee failed to exhaust all remedies available under the collective bargaining agreement. Citing legal precedents, the court ruled that an employee must complete the grievance procedure, including arbitration, when the union is willing to pursue the grievance. Consequently, the appellate order unanimously reversed the judgment, vacated the complaint, and dismissed it, without costs.

Vacation Pay DisputeCollective Bargaining AgreementGrievance ProcedureExhaustion of RemediesBinding ArbitrationEmployment LawContractual ObligationAppellate ReviewJudgment ReversalComplaint Dismissal
References
5
Case No. 2 NY3d 787
Regular Panel Decision

U.S. Underwriters Insurance v. City Club Hotel, LLC

The New York Court of Appeals addressed two certified questions from the Second Circuit regarding an insured's right to recover attorneys' fees. U.S. Underwriters Insurance Company had sought a declaratory judgment against its insureds, City Club Hotel, LLC and Shelby Realty, LLC, to deny coverage for a personal injury claim. The insurer's disclaimer of coverage was found untimely. The Court held that an insured who prevails in an insurer-initiated declaratory judgment action to deny coverage may recover attorneys' fees, irrespective of whether the insurer initially provided a defense in the underlying suit. This decision underscores that the insurer's duty to defend extends to litigation arising from its attempts to avoid policy obligations. The Court answered the first certified question in the affirmative for Shelby.

Declaratory Judgment ActionAttorneys' FeesInsurer Duty to DefendInsurance CoverageUntimely DisclaimerPrevailing PartyCertified QuestionSecond CircuitNew York Court of AppealsPolicy Obligations
References
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