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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

Claim of Pulos v. Asplundh Tree

Claimant, a tree trimmer, had an existing claim for bilateral carpal tunnel syndrome and later sought to include a cervical spine condition as an occupational disease. A workers' compensation law judge initially disallowed this amendment, but the Workers' Compensation Board reversed, finding the cervical condition was dormant and non-disabling, and that the claimant's work activities aggravated it. The employer appealed this decision. The court affirmed the Board's ruling, concluding there was substantial evidence to support the finding that the claimant's preexisting cervical condition was activated by the distinctive features of his employment.

Occupational DiseaseCervical Spine InjuryCarpal Tunnel SyndromePreexisting ConditionAggravation of InjuryWorkers' Compensation LawJudicial ReviewAppellate DecisionTree TrimmingWork Activities

References

Case No. MISSING

Regular Panel Decision

May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability

References

Case No. MISSING

Regular Panel Decision

Clemente v. Schweiker

The plaintiff initiated an action under 42 U.S.C. § 405 to appeal a final decision by the defendant, which had denied his application for a period of disability and disability insurance benefits. An Administrative Law Judge (ALJ) previously concluded in May 1982 that the 62-year-old plaintiff, a longshoreman suffering from chronic bronchitis, emphysema, arthritis, and other severe conditions, was not disabled, deeming his impairments mild and resulting from the aging process. The District Judge found that the ALJ had misapplied 20 C.F.R. § 404.1521 by focusing on the plaintiff's ability to perform 'most jobs' rather than assessing whether his impairments significantly limited his ability to perform 'basic work activities,' such as lifting. Medical reports from treating physician Dr. Harold Coppersmith and consulting neurologist Dr. Stephen Gilbert consistently indicated the plaintiff's inability to perform heavy work and, in Dr. Gilbert's opinion, rendered him totally disabled due to conditions like cervical spondylosis, labyrinthine disturbance, and cervical radiculitis. Consequently, the case was remanded for further proceedings within 120 days, instructing the ALJ to properly consider the plaintiff's residual functional capacity, age, education, and past work experience as required by law.

Disability Insurance BenefitsSocial Security ActAdministrative Law JudgeSevere ImpairmentBasic Work ActivitiesResidual Functional CapacityLongshoremanCervical SpondylosisLabyrinthine DisturbanceVocational Factors

References

Case No. MISSING

Regular Panel Decision

Nov 29, 2004

Velella v. New York Local Condotional Release Commission

The petitioners, including Gonzalez, Caba, Stephens, Velella, and DelToro, challenged determinations by the Conditional Release Commission and the Department of Correction. These determinations advised petitioners that their conditional releases were invalid and directed them to surrender. The Supreme Court, New York County, denied their five CPLR article 78 petitions. This appellate court unanimously affirmed the Supreme Court's decision, finding the petitioners' conditional releases illegal due to non-compliance with Correction Law § 273 (1) and (6). The court also ruled that the agencies had the power to set aside determinations based on significant irregularities and that the petitioners had no substantive due process right to illegal orders, having been afforded adequate procedural due process through the CPLR article 78 proceedings.

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law

References

Case No. 2019 NY Slip Op 00229 [168 AD3d 491]

Regular Panel Decision

Jan 15, 2019

Sanchez v. 404 Park Partners, LP

Luis Sanchez, a construction worker, was injured after falling through an uncovered floor opening at a work site. He moved for summary judgment on Labor Law §§ 240(1) and 241(6) claims against the property owner, 404 Park Partners, LP, the general contractor, Sciame Construction, LLC, and subcontractor Cord Contracting Co. Inc., which was granted by the Supreme Court. The Appellate Division, First Department, affirmed the liability findings against these parties, noting the owner and general contractor's statutory duties and the subcontractor's delegated duty to cover floor openings. Additionally, the court modified the lower court's indemnification rulings. It granted conditional full contractual indemnification to Sciame from United Air Conditioning Corp. II and conditional contractual indemnification to 404 Park and Sciame from Cord, contingent on the extent of their respective negligence, while also preserving factual issues concerning common-law negligence and Labor Law § 200 claims against Sciame.

Construction AccidentLabor LawSummary JudgmentContractual IndemnificationSubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilitySafe Place to WorkIndustrial Code ViolationsProximate Cause

References

Case No. 2021 NY Slip Op 00612 [191 AD3d 1088]

Regular Panel Decision

Feb 04, 2021

Matter of Clancy v. Park Line Asphalt Maintenance

Celia Clancy, an office manager, filed a claim for workers' compensation benefits, asserting that her repetitive work activities for Park Line Asphalt Maintenance aggravated her pre-existing bilateral carpal tunnel syndrome and herniated cervical discs, causing a disability. Although she had a history of these conditions and had received prior Social Security disability benefits and undergone multiple surgeries, she had returned to full duty work. The Workers' Compensation Board disallowed her claim, concluding that her conditions were not dormant and nondisabling prior to her employment with Park Line, thus precluding an occupational disease claim based on exacerbation. However, the Appellate Division, Third Department, reversed the Board's decision, finding no evidence that her pre-existing conditions were disabling in a compensation sense before the alleged disablement date. The matter was remitted to the Workers' Compensation Board for further proceedings consistent with the Appellate Division's determination.

Occupational DiseaseCarpal Tunnel SyndromeHerniated Cervical DiscsPre-existing ConditionAggravation of ConditionDormant and Nondisabling ConditionWorkers' Compensation BenefitsAppellate ReviewRemandOffice Manager

References

Case No. 526688

Regular Panel Decision

Dec 27, 2018

Matter of Bufearon v. City of Rochester Bur. of Empl. Relations

Claimant Kamren Bufearon sustained work-related injuries in a motor vehicle collision on March 4, 2016, for which his workers' compensation claim was established for injuries to his left shoulder, left hip, and lower back. Subsequently, he sought to amend his claim to include a causally-related cervical spine injury, which was initially approved by a Workers' Compensation Law Judge. However, the Workers' Compensation Board reversed this decision, finding that the claimant failed to sufficiently demonstrate a causal relationship between his cervical spine condition and the March 4, 2016 incident. The Appellate Division affirmed the Board's decision, noting that the medical testimony from two physicians contained conflicting findings and equivocal narratives regarding causation. The court concluded that the Board was entitled to reject the physicians' opinions as speculative, particularly since neither physician had reviewed the claimant's prior medical records for a pre-existing cervical spine fusion surgery.

Cervical spine injuryCausal relationshipMedical evidenceSubstantial evidence reviewAppellate DivisionWorkers' Compensation BoardPre-existing conditionCredibility of physiciansBurden of proofMotor vehicle accident

References

Case No. MISSING

Regular Panel Decision

McGlone v. Contract Callers, Inc.

Plaintiff Michael McGlone initiated a Fair Labor Standards Act (FLSA) action against Contract Callers, Inc. (CCI), Michael McGuire, and William Tim Wertz, alleging unpaid overtime for work performed before and after recorded workdays and during meal breaks. McGlone sought conditional certification for a nationwide collective action of Field Service Representatives (FSRs), asserting a common policy of wage violations, including uncompensated preparatory and concluding tasks, and automatic meal break deductions despite working through them. The court applied a two-step analysis for FLSA collective actions, focusing on the lenient "notice stage" standard. While the plaintiff claimed company-wide misconduct, his evidence for a nationwide class was deemed insufficient, relying primarily on "information and belief." Consequently, the court denied conditional certification for a nationwide class but granted it for FSRs employed in CCI's New York Division, where McGlone demonstrated direct personal knowledge of the alleged violations and supervisory directives. Additionally, the statute of limitations was equitably tolled as of the motion's filing date due to the court's processing time.

FLSACollective ActionConditional CertificationOvertime PayWage ViolationsMeal BreaksUncompensated WorkField Service RepresentativesEquitable TollingNew York Division

References

Case No. MISSING

Regular Panel Decision

Claim Eccles v. Truck-Lite, Inc.

The claimant sustained a head injury after falling from a chair at work and sought workers' compensation benefits. The employer and its carrier disputed the claim, attributing the fall to a non-work-related medical condition. The Workers' Compensation Board ruled that the accident and injuries were not caused by the claimant's preexisting diabetic condition and awarded benefits. The employer and carrier appealed. The court affirmed the Board's decision, noting the Board's authority to assess witness credibility and medical expert opinions, and found the presumption of compensability under Workers’ Compensation Law § 21 had not been rebutted. The court also upheld the Board's rejection of the argument that the claim should be denied due to a violation of Workers’ Compensation Law § 114-a.

Workers' CompensationFall from ChairHead InjuryDiabetic ConditionHypoglycemiaPresumption of CompensabilityCredibility AssessmentMedical Expert OpinionAppellate ReviewSection 21 WCL

References

Case No. ADJ11396782

Regular

Apr 17, 2018

SALVADOR RODRIQUEZ-GOMEZ vs. CONTROL AIR CONDITIONING CORPORATION

In *Rodriguez-Gomez v. Control Air Conditioning Corporation*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. Removal is an extraordinary remedy, granted only if substantial prejudice or irreparable harm will result without it, and reconsideration will not be an adequate remedy. The Board found that the applicant failed to demonstrate either of these conditions were met, and therefore denied the petition.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJAdministrative Law JudgeExtraordinary RemedyFinal Decision

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Claim of Pulos v. Asplundh Tree

Occupational DiseaseCervical Spine InjuryCarpal Tunnel SyndromePreexisting ConditionAggravation of InjuryWorkers' Compensation LawJudicial ReviewAppellate DecisionTree TrimmingWork Activities

References

Case No. MISSING

Regular Panel Decision

May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability

References

Case No. MISSING

Regular Panel Decision

Clemente v. Schweiker

References

Case No. MISSING

Regular Panel Decision

Nov 29, 2004

Velella v. New York Local Condotional Release Commission

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law

References

Case No. 2019 NY Slip Op 00229 [168 AD3d 491]

Regular Panel Decision

Jan 15, 2019

Sanchez v. 404 Park Partners, LP

Construction AccidentLabor LawSummary JudgmentContractual IndemnificationSubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilitySafe Place to WorkIndustrial Code ViolationsProximate Cause

References

Case No. 2021 NY Slip Op 00612 [191 AD3d 1088]

Regular Panel Decision

Feb 04, 2021

Matter of Clancy v. Park Line Asphalt Maintenance

References

Case No. 526688

Regular Panel Decision

Dec 27, 2018

Matter of Bufearon v. City of Rochester Bur. of Empl. Relations

References

Case No. MISSING

Regular Panel Decision

McGlone v. Contract Callers, Inc.

FLSACollective ActionConditional CertificationOvertime PayWage ViolationsMeal BreaksUncompensated WorkField Service RepresentativesEquitable TollingNew York Division

References

Case No. MISSING

Regular Panel Decision

Claim Eccles v. Truck-Lite, Inc.

Workers' CompensationFall from ChairHead InjuryDiabetic ConditionHypoglycemiaPresumption of CompensabilityCredibility AssessmentMedical Expert OpinionAppellate ReviewSection 21 WCL

References

Case No. ADJ11396782

Regular

Apr 17, 2018

SALVADOR RODRIQUEZ-GOMEZ vs. CONTROL AIR CONDITIONING CORPORATION

RemovalPetition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJAdministrative Law JudgeExtraordinary RemedyFinal Decision

References

Showing 1-10 of 2,943 results

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