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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Estate of Bruce v. City of Middletown

This opinion addresses motions concerning a third-party complaint in an action brought by the Estate of Jimmy Lee Bruce under 42 U.S.C. § 1983 and state tort claims. The original suit alleged wrongful death and negligence against The City of Middletown, its Police Department, and two officers, following an incident where Mr. Bruce died after being placed in a chokehold by an officer. The City of Middletown filed a third-party complaint against Middletown Movie Center, Inc., seeking contribution and later moved to amend it to include indemnification. The central issue was the applicability and exercise of pendent party (now supplemental) jurisdiction under 28 U.S.C. § 1367 for claims against the Movie Center. The court determined that § 1367 applied to the third-party complaint and that exercising supplemental jurisdiction was warranted due to the common nucleus of operative facts and considerations of judicial economy. Consequently, the court denied Movie Center's motion to dismiss and granted the City of Middletown's motion to amend its third-party complaint.

Supplemental JurisdictionPendent Party JurisdictionSection 1983Wrongful DeathNegligenceThird-Party ComplaintContributionIndemnificationJudicial Improvements Act of 1990Federal Courts
References
13
Case No. CV-23-0719
Regular Panel Decision
Sep 26, 2024

In the Matter of the Claim of Bruce Matter

Claimant Bruce A. Matter, an account executive for Google Inc., sustained a traumatic brain injury in October 2021 after being struck by motorized bicycles while returning from an employer-encouraged "Happy Hour" event. The employer and its carrier disputed the claim, arguing the accident did not arise out of or in the course of employment. A Workers' Compensation Law Judge initially disallowed the claim, but the Workers' Compensation Board reversed, finding a causal nexus due to the employer's derived benefit from the event and the altered travel risks it entailed. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer benefited from the claimant's participation and that the event altered his usual travel, increasing the risk of injury.

Accidental InjuryCourse of EmploymentCausal NexusSpecial Errand DoctrineDual-Purpose DoctrineEmployer BenefitOff-Premises AccidentTraumatic Brain InjuryHappy Hour EventWork-Related Activity
References
13
Case No. ADJ1286359 (STK 0099018)
Regular
Nov 22, 2011

BRUCE BATES vs. VALLEY VINTNERS WINE COMPANY

The Workers' Compensation Appeals Board granted reconsideration in *Bates v. Valley Vintners Wine Company*. The defendant sought reconsideration of a finding of total and permanent disability, arguing the administrative law judge erred by not apportioning the disability. The Board granted reconsideration to review the defendant's supplemental petition and the applicant's response, aiming for a complete understanding of the record before issuing a decision. All further filings are to be directed to the Board's Commissioners in San Francisco.

Workers' Compensation Appeals BoardValley Vintners Wine CompanyBruce BatesFinding and Awardtotal and permanent disabilityapportionmentsupplemental petition for reconsiderationReport and RecommendationWCJadministrative law judge
References
0
Case No. 2024 NY Slip Op 03999 [229 AD3d 1307]
Regular Panel Decision
Jul 26, 2024

Bates v. Gannett Co., Inc.

Plaintiffs, including Richard L. Bates, Francis L. Goodsell et al., and Ballard Tackett et al., appealed an order from the Supreme Court, Monroe County, which had granted defendant Gannett Co., Inc.'s motion to stay their Child Victims Act (CVA) actions and refer the claims to the Workers' Compensation Board. The plaintiffs are seeking damages for sexual abuse by a supervisor during their employment in the 1980s. The Supreme Court had also held the plaintiffs' cross-motions to amend their complaints in abeyance. The Appellate Division, Fourth Department, reversed this order, holding that questions concerning the CVA's revival of time-barred workers' compensation claims and the limitation of plaintiffs to such benefits are matters of pure statutory interpretation and law, falling within the court's jurisdiction, not the Workers' Compensation Board's primary jurisdiction. The Appellate Division denied the defendant's motion and remitted the matter to the Supreme Court for further proceedings on these legal questions and to rule on the plaintiffs' cross-motions to amend their complaints.

Child Victims ActSexual AbuseWorkers' CompensationScope of EmploymentPrimary JurisdictionStatutory InterpretationAppellate ReviewRemittalPleading AmendmentCourt Jurisdiction
References
11
Case No. 2024 NY Slip Op 04540 [230 AD3d 1286]
Regular Panel Decision
Sep 25, 2024

Chavarria v. Bruce Nagel & Partners Architects, P.C.

Jose Chavarria, an employee, sustained personal injuries on a renovation project and initiated an action against Bruce Nagel & Partners Architects, P.C. (Nagel, P.C.) and David L. Wasserman and Ellen F. Wasserman (the Wassermans). Nagel, P.C. had a contract with the Wassermans for architectural services, which included a provision requiring the Wassermans to ensure Nagel, P.C. was an additional insured on the general contractor's liability policy, regardless of whether construction administration services were regular or ad hoc. Despite an addendum modifying the frequency of services, the insurance requirement remained. Following Chavarria's injury, Nagel, P.C. moved for summary judgment to dismiss Chavarria's complaint and on its cross-claim for breach of contract against the Wassermans. The Appellate Division, Second Department, reversed the Supreme Court's order, granting Nagel, P.C.'s motion for summary judgment, thereby dismissing the complaint against Nagel, P.C. and finding the Wassermans liable for breach of contract.

Summary JudgmentBreach of ContractCross-ClaimsAppellate ReviewConstruction Administration ServicesGeneral Liability InsuranceAdditional Insured ClauseLabor LawSafe WorkplaceContract Interpretation
References
18
Case No. MISSING
Regular Panel Decision

People v. Bing

This case involves a Huntley hearing concerning the admissibility of statements made by defendant Bruce Bing to the police. A robbery-burglary occurred on May 17, 1985, at St. Joachim’s Church in Cedarhurst, Nassau County. Based on information from a reliable confidential informant and an eyewitness description, Detective Glenn Dowd and Detective Joseph Brand arrested Bruce Bing on May 25, 1985. Bing was Mirandized and confessed to the crime, both orally in the police car and in a written statement at the precinct. The defense challenged the voluntariness of the confession due to alleged drug withdrawal symptoms and argued a violation of Bing's right to counsel, citing his existing legal representation in Ohio for unrelated charges. The court found the informant reliable, established probable cause for the arrest, and concluded that Bing's statements were voluntarily given and admissible. The court also determined that the defendant's out-of-state legal representation on an out-of-state charge did not trigger New York's indelible right to counsel.

Huntley HearingAdmissibility of StatementsVoluntariness of ConfessionMiranda RightsProbable CauseRight to CounselConfidential Informant ReliabilityOut-of-State RepresentationDrug Withdrawal SymptomsCriminal Procedure Law
References
21
Case No. CA 12-00329
Regular Panel Decision
Dec 28, 2012

BRUCE, RICHARD v. ACTUS LEND LEASE

Richard Bruce, the plaintiff, commenced a Labor Law and common-law negligence action seeking damages for injuries sustained when a roof truss struck him and knocked him off a ladder after a hoist was raised prematurely. The Supreme Court, Jefferson County, denied both the plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim and the defendant's cross motion for summary judgment dismissing that claim. The Appellate Division, Fourth Judicial Department, affirmed this order, concluding that while the "falling object" theory of recovery was not applicable (as the truss was rising), there remained a triable issue of fact concerning the "falling worker" theory, specifically regarding the adequacy of safety devices and whether the plaintiff's conduct was the sole proximate cause of the injuries.

Labor LawCommon-law negligenceRoof trussLadder accidentHoistSummary judgmentFalling object theoryFalling worker theoryProximate causeAppellate Division
References
8
Case No. ADJ3229084 (AHM 0090505)
Regular
Apr 14, 2010

Bruce Compton vs. ALBERSTONS (LUCKY STORES), BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) dismissed Bruce Compton's petition for reconsideration of a prior order. The WCAB based its dismissal on the fact that Compton's petition was not verified as required by Labor Code section 5902. Compton failed to cure this defect or provide a compelling explanation after notice. Even if the petition hadn't been dismissed for lack of verification, the WCAB would have denied it on its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalVerificationLabor Code Section 5902Lucena v. Workers' Comp. Appeals Bd.Modified VanWheelchair LiftReasonable Medical TreatmentAttorney's Fees
References
1
Case No. MISSING
Regular Panel Decision
Apr 27, 2010

Bruce v. 182 Main St. Realty Corp.

Plaintiff Carby Bruce was injured after falling from an A-frame ladder while performing renovation work at a warehouse owned by defendant 182 Main St. Realty Corp. He asserted claims under Labor Law §§ 200, 240 (1), 241 (6) and common-law negligence. Defendant sought summary judgment arguing lack of knowledge or control over the work. The court modified an earlier order, denying summary judgment for Labor Law § 240 (1) and § 241 (6) claims due to issues of fact regarding who hired plaintiff and the ladder's stability. However, the court reversed a prior decision upon reargument, granting summary judgment to the defendant for common-law negligence and Labor Law § 200 claims, finding no dangerous condition or direction/control of work by the defendant.

Labor LawScaffold LawLadder AccidentSummary JudgmentConstruction AccidentPremises LiabilityOwner LiabilityUnsecured LadderProximate CauseNew York Labor Law
References
4
Case No. ADJ8008163 ADJ9898937 ADJ9139955
Regular
Sep 06, 2016

Bruce Shannon vs. SANTA CLARA VALLEY TRANSPORTATION AGENCY

The Workers' Compensation Appeals Board dismissed Bruce Shannon's petition for reconsideration of three Compromise and Release Orders. The petition was deemed skeletal, lacking specific grounds, facts, and legal arguments to justify reconsideration. The Board treated Shannon's subsequent ex parte application as a petition to set aside the original orders, which should first be heard by the Workers' Compensation Judge. Until a decision is made on the petition to set aside, the Board dismissed the petition for reconsideration as premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAdministrative JudgePro PerEx Parte ApplicationRescinding OrdersInadequate SettlementLabor CodeElectronic Adjudication Management System
References
1
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