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

Case No. 2025 NY Slip Op 25049
Regular Panel Decision
Mar 03, 2025

Emery v. Village of Clinton

Plaintiff Robert Emery, an employee of the Town of Kirkland Highway Department, was injured at a construction site in the Village of Clinton while attempting to reinsert a pin into an excavator's thumb to change its functionality. The pin ejected and struck him in the head. Emery and his wife sued the Village of Clinton and John Spinella Excavation Company, Inc. alleging negligence and violations of Labor Law §§ 200, 240, and 241 (6). The court dismissed all claims against the Village of Clinton and dismissed the Labor Law §§ 240 and 241 (6) claims against Spinella Excavating. However, the court denied Spinella Excavating's motion for summary judgment on the Labor Law § 200 and common-law negligence claims, allowing these claims to proceed to trial due to unresolved questions of fact regarding Spinella, Sr.'s control and potential breach of duty.

Construction AccidentLabor Law § 200Industrial Code ViolationsExcavator SafetySafe Place to WorkSummary JudgmentNegligence LiabilitySupervisory ControlEquipment OperationEmployer Duty
References
45
Case No. 2021 NY Slip Op 04938
Regular Panel Decision
Sep 02, 2021

Matter of Leduc v. Northeastern Clinton CSD

Claimant Donna Leduc, a custodian, sustained a right shoulder injury in February 2018 while pushing a stuck trash gondola in snow and ice. She sought treatment in June 2018, was diagnosed with a torn rotator cuff, and reported the injury to her supervisor in July 2018, filing a claim in August 2018. The self-insured employer controverted the claim, arguing untimeliness under Workers' Compensation Law § 18. However, a WCLJ and the Workers' Compensation Board excused the late notice, finding no prejudice to the employer's ability to investigate. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board did not abuse its discretion in excusing the untimely notice.

Workers' CompensationTimely NoticeShoulder InjuryRotator CuffEmployer PrejudiceAppellate ReviewCustodial WorkGondola AccidentAccident InvestigationWorkers' Compensation Law § 18
References
9
Case No. MISSING
Regular Panel Decision

Matter of Baker v. Clinton County

A correction officer, injured on duty, received General Municipal Law § 207-c benefits. After being cleared for light duty, the Clinton County Sheriff denied his return and initiated disciplinary charges alleging false injury reports, subsequently suspending his benefits without a pretermination evidentiary hearing. The officer filed a combined CPLR article 78 proceeding and declaratory judgment action, challenging the termination of benefits without due process. The Supreme Court granted his petition, ordering the restoration of withheld benefits. The appellate court affirmed this decision, rejecting the respondents' "unclean hands" defense and upholding the necessity of due process before benefit termination.

General Municipal Law § 207-c BenefitsCivil Service Law § 75Due ProcessPretermination HearingCorrection OfficerDisciplinary ChargesBenefit SuspensionUnclean Hands DoctrineCPLR Article 78 ProceedingDeclaratory Judgment
References
9
Case No. MISSING
Regular Panel Decision
Jan 16, 2008

Garced v. Clinton Arms Associates

Plaintiff Troy Garced suffered burn injuries on premises controlled by defendant Clinton Arms Associates, initiating a lawsuit in Bronx County based on his alleged residency there prior to incarceration. The defendant successfully moved to change venue to Nassau County, arguing that the plaintiff lacked proper Bronx residency. The Supreme Court denied the plaintiff's subsequent motion to renew, finding that the new evidence was not sufficiently justified as previously unavailable. The appellate court affirmed the denial of the motion to renew and dismissed the appeal from the initial venue change, concluding that plaintiff failed to establish residency in Bronx County. A dissenting opinion argued that the plaintiff's affidavit and medical records created a factual dispute warranting a hearing on the residency issue.

Venue DisputeResidency RequirementIncarceration ImpactMotion to RenewSection 8 HousingAppellate ReviewBronx CountyNassau CountyPersonal InjuryBurn Injury
References
17
Case No. 2020 NY Slip Op 06968 [188 AD3d 614]
Regular Panel Decision
Nov 24, 2020

Pina v. Arthur Clinton Hous. Dev. Fund Corp.

Plaintiff Mario Ortiz Pina appealed the denial of his motion for summary judgment on a Labor Law § 241 (6) claim. The claim was based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.7 (d) due to a slippery worksite condition. The motion was denied by the Supreme Court, Bronx County, because the plaintiff's own conflicting accounts of the accident, along with witness testimony and inconsistent Workers' Compensation Board submissions, raised a triable issue of fact regarding the cause of his injuries. The Appellate Division, First Department, affirmed the lower court's decision, concluding that the conflicting evidence precluded summary judgment and necessitated a trial to determine how the accident occurred and whether a wet surface was a proximate cause.

Summary JudgmentLabor LawIndustrial CodeSlip and FallConflicting TestimonyInconsistent AccountsProximate CauseWorkers' CompensationMedical RecordsHearsay
References
4
Case No. 2023 NY Slip Op 03890
Regular Panel Decision
Jul 20, 2023

Matter of Perry v. DOCCS Clinton Corr. Facility

Claimant Robert Perry, a correction officer, initially filed a workers' compensation claim in January 2017 for injuries to his left hand and wrist. This claim was established, leading to an award for schedule loss of use of his left hand in September 2019. Subsequently, in May 2020, Perry was diagnosed with left elbow epicondylitis, which he sought to include as a causally-related injury to his existing claim. The employer and carrier argued the amendment was untimely under Workers' Compensation Law § 28. While a Workers' Compensation Law Judge initially permitted the amendment, the Workers' Compensation Board reversed, deeming the left elbow claim time-barred due to not being filed within two years of the original accident. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board properly found no evidence of an injury to the left elbow in claimant's medical records prior to May 2020, and that the Board, as the sole arbiter of credibility, was free to prioritize medical records over claimant's conflicting testimony regarding earlier elbow pain, thus upholding the denial of the claim and the subsequent denial of reconsideration.

Workers' Compensation LawTimeliness of ClaimLeft Elbow InjuryMedical MisdiagnosisSchedule Loss of UseWorkers' Compensation Board DecisionAppellate DivisionCorrectional OfficerClaim AmendmentStatute of Limitations
References
6
Case No. MISSING
Regular Panel Decision
May 14, 2001

Claim of Muehl v. Clinton's Ditch Cooperative

The claimant, a maintenance mechanic, sustained work-related back, ankle, and shoulder injuries in 1996 and 1998 while employed at Clinton’s Ditch Cooperative. The employer appealed a Workers’ Compensation Board decision awarding benefits, arguing insufficient medical evidence and attributing the claimant's total disability to a non-work-related Parkinson's disease diagnosis from September 1998. The court affirmed the Board's decision, finding substantial medical evidence from Dr. Stephen Robinson and Dr. Saad Sobhy supported the work-relatedness and permanent disability of the injuries. Both physicians were aware of the Parkinson’s diagnosis but confirmed the work-related disability. The court concluded that conflicting independent medical examiner opinions merely presented a credibility issue for the Board to resolve.

Workers' CompensationPermanent DisabilityBack InjuryAnkle SprainShoulder ImpingementWork-Related AccidentMedical EvidenceCredibility IssueParkinson's DiseaseAppellate Review
References
5
Case No. MISSING
Regular Panel Decision
Apr 06, 2011

Griffin v. Clinton Green South, LLC

In this personal injury action, the plaintiff, an employee of DiFama Concrete, was injured at a construction site owned by Clinton Green South, LLC, and general-contracted by Bovis Lend Lease LMB, Inc., when struck by a falling scaffold piece. The plaintiff sued for common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The trial court initially granted a directed verdict for the plaintiff on the Labor Law § 240 (1) claim, which was subsequently challenged by the defendants. The appellate court affirmed the vacatur of the directed verdict, ruling that it was prematurely granted before the close of the defendants' case, as mandated by CPLR 4401. Additionally, the appellate court upheld the dismissal of the plaintiff's other claims due to insufficient evidence. The court further modified the trial court's order by setting aside the awards for past economic damages and ordering a new trial on all damages, including past economic damages.

Personal InjuryConstruction AccidentScaffold CollapseLabor LawDirected VerdictCPLR 4401Premature MotionAppellate CourtDamages RetrialEconomic Damages
References
17
Case No. 2019 NY Slip Op 06837
Regular Panel Decision
Sep 26, 2019

Matter of McCorry v. BOCES of Clinton, Essex, Warren & Wash. Counties

Cindy Lee McCorry sustained work-related knee injuries in 2010 and 2012, leading to an award of workers' compensation benefits. A Workers' Compensation Law Judge (WCLJ) determined a 40% schedule loss of use for her right knee and a 75% loss of wage-earning capacity, finding her attached to the labor market. However, the Workers' Compensation Board later ruled that McCorry failed to demonstrate attachment to the labor market. McCorry's subsequent application for Board review, filed in January 2018 using Form RB-89, was denied because she left question number 15 blank, which the Board deemed a defective application according to 12 NYCRR 300.13 (b) (1). The Appellate Division affirmed the Board's decision, concluding that the Board did not abuse its discretion, given its consistent application of the rule requiring complete forms.

Workers' CompensationAppellate ProcedureBoard ReviewForm RB-89Administrative LawLabor Market AttachmentSchedule Loss of UseProcedural ComplianceDue ProcessDiscretionary Review
References
15
Case No. OAK 0255953
Regular
Aug 04, 2008

CLINTON HENDRIX vs. GALGON INDUSTRIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR NATIONAL INSURANCE, BROADSPIRE

This case clarifies that California Labor Code sections 4607 and 5814.5 do not authorize the use of a lodestar multiplier for attorney's fees awarded to enforce medical treatment awards. The Appeals Board rescinded its previous directive to defer consideration of section 4607 fees, affirming that the enforcement of medical treatment awards aligns with social policy and the public interest. The case is returned to the trial level for recalculation of fees under these statutes, without a lodestar multiplier, but acknowledging a prior final award under section 4607.

Workers' Compensation Appeals BoardClinton HendrixGalgon IndustriesCalifornia Insurance Guarantee AssociationSuperior National InsuranceliquidationBroadsPIREreconsiderationLabor Code sections 4607 and 5814.5attorney's fees
References
6
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