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

Case No. 2012 NY Slip Op 31770OJ
Regular Panel Decision

Floyd v. City of New York

The Supreme Court, New York County, issued judgments annulling mayoral personnel orders No. 2012/1 and 2012/2, dated April 11, 2012. These orders reclassified ungraded civil service titles, subject to prevailing wage bargaining under Labor Law § 220, to graded workers under the New York City Collective Bargaining Law. The annulment was affirmed because the City failed to comply with Civil Service Law § 20, which mandates notice, a public hearing, and State Civil Service Commission approval for such reclassifications. The concurring justices were Mazzarelli, J.P., Andrias, DeGrasse, Freedman, and Manzanet-Daniels, JJ.

annulmentmayoral orderscivil serviceprevailing wagecollective bargaininglabor lawcivil service lawreclassificationpublic hearingstate civil service commission
References
3
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. 16-CV-3812, 16-CV-5302
Regular Panel Decision
Nov 29, 2018

Lighton Indus., Inc. v. Allied World Nat'l Assurance Co.

This case involves consolidated actions by Lighton Industries, Inc. and Hibuild Limited Liability Company against Allied World National Assurance Company and Mt. Hawley Insurance Company. Plaintiffs sought declaratory judgment regarding the insurers' duty to defend and indemnify them in an underlying personal injury action, the Tunkara Action, stemming from an August 16, 2014 accident at Brooklyn College. The court granted Lighton and Hibuild's motions for summary judgment, determining that Allied and Mt. Hawley owe a duty to defend the plaintiffs in the Tunkara Action. This decision was based on ambiguities in the insurance policies' Classification Limitation and Designated Ongoing Operations Exclusion, which were construed against the insurers. However, all motions for summary judgment concerning indemnification were denied, and these claims were dismissed without prejudice as premature, as liability in the underlying Tunkara Action had not yet been determined.

Insurance CoverageDuty to DefendDuty to IndemnifySummary JudgmentContract InterpretationAmbiguityPolicy ExclusionClassification LimitationOngoing Operations ExclusionSubcontractor Liability
References
73
Case No. Docket No. 10
Regular Panel Decision

Zhong v. August August Corp.

Plaintiff Jian Zhong filed a class action against defendant August August Corp. alleging denial of overtime compensation and minimum wages under the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act (NYMWA). Defendant August filed a motion to dismiss the complaint for failure to state a claim. The court granted the motion in part, dismissing the FLSA overtime claims and related state law claims, but denied it in part, allowing the FLSA minimum wage claims and related state law claims to proceed. Plaintiff Zhong was granted leave to amend the complaint to address the deficiencies in the dismissed claims.

FLSANYMWAWage and Hour DisputeOvertime CompensationMinimum Wage ViolationMotion to DismissRule 12(b)(6) MotionLeave to AmendClass Action PotentialSupplemental Jurisdiction
References
14
Case No. MISSING
Regular Panel Decision

Matter of Bunn v. Wegmans Food Markets, Inc.

The claimant, a mechanic, was diagnosed with bilateral carpal tunnel syndrome in December 2009. In August 2012, a doctor determined that his condition was causally related to his employment, leading him to file for workers' compensation benefits in October 2012. A Workers' Compensation Law Judge initially found the claim time-barred, but the Workers’ Compensation Board reversed this, setting the disablement date as August 7, 2012, and establishing the claim. The Appellate Division affirmed the Board's decision, finding that the claimant's application was timely filed as he knew or should have known of the causal relationship on August 7, 2012.

occupational diseasecarpal tunnel syndrometimely filingdate of disablementmedical opinioncausal relationshipemployer liabilityappellate reviewsubstantial evidenceworkers compensation benefits
References
5
Case No. 2012 NY Slip Op 32612CU
Regular Panel Decision
Oct 16, 2012

Keenan v. Simon Property Group, Inc.

Plaintiff, an employee of Proper Construction, was injured when he fell from a ladder while installing vinyl lining in a storefront window frame during a renovation project at an Art of Shaving store, owned by RPT. The ladder was unstable due to debris in the confined work area, preventing its proper use, and had spikes on its steps that caused the plaintiff to lose his balance and fall. Initially, the Supreme Court denied the plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim. However, the appellate court modified the order, granting the plaintiff's motion against RPT and Art of Shaving. The claims against Alert Glass, a subcontractor, were dismissed as it lacked control over the work site and was not a statutory agent.

Ladder FallConstruction AccidentLabor Law § 240 (1)Summary JudgmentCommon-Law IndemnificationVicarious LiabilityWorkplace SafetyElevation HazardInadequate Safety DeviceSubcontractor Liability
References
8
Case No. MISSING
Regular Panel Decision

In re Dustin JJ.

This appeal concerns a Family Court order from Broome County, entered December 4, 2012, which adjudicated Dustin JJ. an abandoned child and terminated the respondent-father's parental rights. The child was placed in petitioner's custody shortly after birth in 2010, with the respondent declared the father in July 2011 and the mother surrendering her rights in August 2011. The petitioner initiated abandonment proceedings in February 2012, based on the respondent's failure to visit or communicate with the child or the agency during the critical six-month period from August 26, 2011, to February 26, 2012. The appellate court affirmed the Family Court's finding, noting that the respondent's sporadic contacts (one visit and a few phone calls) were insufficient, and his incarceration did not excuse the lack of communication. The decision also upheld the Family Court's discretion in limiting cross-examination and dispensing with a dispositional hearing, reaffirming that a suspended judgment is not an available option after a finding of abandonment.

Parental Rights TerminationAbandonment ProceedingSocial Services LawFamily Court AppealChild CustodyIncarcerated ParentFailure to CommunicateBurden of ProofDiscretion of Trial CourtSuspended Judgment
References
12
Case No. MISSING
Regular Panel Decision

Claim of Schwartz v. State Insurance Fund

Claimant appealed two Workers' Compensation Board decisions. The first decision, filed April 25, 2012, ruled that her alleged cardiac conditions were not causally related to her established work-related stress claim. The second decision, filed May 2, 2012, denied her payment for intermittent lost time. The court affirmed both decisions, finding that the employer's independent medical examiner complied with Workers' Compensation Law § 137, and the Board's resolution of conflicting medical opinions regarding cardiac conditions was supported by substantial evidence. Additionally, the Board's determination that the claimant's Friday absences were for convenience, not disability, was also upheld by substantial evidence.

Workers' Compensation Board AppealsCausally Related DisabilityCardiac ConditionsHypertensionMitral Valve InsufficiencyTricuspid Valve InsufficiencyEnlarged Left AtriumWork-Related StressAdjustment DisorderIntermittent Lost Time Benefits
References
4
Case No. ADJ2474889 (RIV 0011086), ADJ788168 (RIV 0054540)
Regular
Jan 23, 2013

SHERRIE LILLY vs. HELMET UNIFIED SCHOOL DISTRICT, SEDGWICK CIGA

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's August 16, 2012 decision. The Board rescinded the prior decision, finding it necessary to return the matter for further proceedings and a new decision by the WCJ. This is not a final determination of the case's merits.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONRESCINDEDRETURNED TO TRIAL LEVELADMINISTRATIVE LAW JUDGEFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATIONPETITION FOR RECONSIDERATIONFINAL DECISION ON THE MERITSNEW DECISION
References
0
Case No. MISSING
Regular Panel Decision
Aug 27, 2014

Gerardi v. Huntington Union Free School District

Angela Girardi sued the Huntington Union Free School District, alleging gender discrimination for not hiring her for a custodial position and retaliation after she reported the discrimination. Girardi filed a notice of claim in March 2012, an EEOC charge in August 2012, and commenced the action in August 2013. She asserted claims under Title VII, 42 U.S.C. § 1983, NYSHRL, and SCHRL. The District moved for summary judgment, arguing the Title VII claims were time-barred and Girardi failed to prove a municipal policy for the § 1983 claim. The Court granted the District's motion, dismissing all claims, finding the Title VII discrimination claim time-barred, and the retaliation and hostile work environment claims failed on the merits. The § 1983 claim was dismissed due to a lack of established municipal policy or final policymakers, and state law claims were time-barred or lacked a private right of action.

Gender DiscriminationRetaliationHostile Work EnvironmentTitle VIICivil Rights Act of 1964Section 1983Equal Protection ClauseFourteenth AmendmentSummary JudgmentEmployment Law
References
48
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