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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

Continental Casualty Co. v. Employers Insurance

Plaintiff insurance companies, Continental Insurance Co. and American Casualty Co. (CNA), initiated a declaratory judgment action seeking a declaration that they have no duty to indemnify Robert A. Keasbey Co. (Keasbey) for asbestos-related claims, arguing that all claims fall under exhausted products hazard/completed operations coverage. The defendant class of asbestos claimants sought coverage under a new 'operations' theory not subject to aggregate limits. The trial court ruled in favor of the claimants, but the appellate court reversed. The appellate court found that equitable affirmative defenses like laches applied against the claimants, who stood in Keasbey’s shoes. It further determined that coverage is triggered by 'injury-in-fact' rather than mere exposure to asbestos, and that the aggregate limits of the primary and excess policies were exhausted, thus absolving CNA of further indemnity obligations.

AsbestosInsurance Coverage DisputeDeclaratory JudgmentProducts HazardCompleted OperationsOperations CoverageAggregate LimitsExcess InsuranceBodily InjuryInjury-in-Fact
References
29
Case No. ADJ13090134
Regular
Aug 14, 2025

OLIVIA RAMIREZ vs. ISIDRO A. MEJIA, ZINDER JANITORIAL CO., UNINSURED EMPLOYERS BENEFITS TRUST FUND, BOURBON PUB/PARADIES LAGARDERE, SENTRY INSURANCE

Applicant Olivia Ramirez sustained an injury to her knee and ankle on November 17, 2019, while employed by Isidro A. Mejia and Zinder Janitorial Co., who were uninsured for workers' compensation. The Uninsured Employers Benefits Trust Fund (UEBTF) successfully joined Paradies Lagardere as a co-defendant, alleging joint employer status. The Workers' Compensation Administrative Law Judge (WCJ) initially found Paradies to be a joint employer in Findings of Fact issued on May 15, 2025. Paradies sought reconsideration, disputing the joint employer finding and the injury arising out of and in the course of employment (AOE/COE). The Appeals Board reviewed the petition, the UEBTF's answer, and the WCJ's report, ultimately granting reconsideration but deferring a final decision on the merits, indicating further review of the record and applicable law is necessary. The decision also clarified that Labor Code sections 2775 and 2776, related to employee classification, do not apply retroactively to the date of injury in this case.

Joint employerUninsured employersParadies LagardereZinder JanitorialIsidro MejiaWCJPetition for ReconsiderationAOE/COELabor Code section 5909EAMS
References
17
Case No. MISSING
Regular Panel Decision
Mar 07, 1990

Michalak v. Consolidated Edison Co.

In a third-party action, Consolidated Edison Co. of New York (Con Edison) sought common-law and contractual indemnification from Akron Wrecking Co., Inc. (Akron), an employer whose employee, Michalak, initiated a personal injury lawsuit against Con Edison. Akron, the third-party defendant, moved for summary judgment to dismiss Con Edison's third-party complaint. The Supreme Court initially granted Akron's motion, dismissing the complaint entirely without prejudice to contractual indemnification. On appeal, the order was modified. The Appellate Division held that Con Edison, by requiring Akron to name it as an additional insured on primary and excess liability policies, waived its right to common-law indemnification up to the aggregate limits of those policies. Consequently, Akron's motion for summary judgment was granted only to the extent of dismissing claims for common-law indemnification, with the motion otherwise denied.

IndemnificationCommon-law IndemnificationContractual IndemnificationSummary JudgmentAppellate ReviewInsurance CoverageAdditional InsuredWaiver of IndemnityThird-Party ComplaintPersonal Injury Claim
References
6
Case No. MISSING
Regular Panel Decision

Claim of Haufler v. Cambrook Fabrics Co.

An outside salesman in New York City was injured when he tripped entering a cafeteria for lunch while on his way to a client. The employer and carrier appealed a decision awarding benefits, arguing the accident did not arise out of and in the course of employment. The board found no departure from employment, considering it a reasonable incident for an outside worker. The court, citing Matter of Relkin v. National Transp. Co., affirmed the decision, concluding the meal was sufficiently related to the time and place of work and the promotion of the employer’s business.

Workers' CompensationOutside SalesmanCourse of EmploymentMealtime InjuryAppellate DivisionAccident Arising Out of EmploymentDeviation from EmploymentWork-Related IncidentEmployer LiabilityAffirmed Decision
References
1
Case No. 2024 NY Slip Op 06268
Regular Panel Decision
Dec 12, 2024

Quick v. State Farm Mut. Auto. Ins. Co.

Plaintiff Gary Quick, injured in an employment-related accident while driving a Peterbilt tractor-trailer leased by his employer, Casa Builders, Inc., sought no-fault benefits from State Farm Mutual Automobile Insurance Co. after his employer was found not to carry workers' compensation insurance. State Farm denied the claim, asserting that workers' compensation was the primary source of recovery, even if through the Uninsured Employers' Fund. Quick challenged this, arguing he couldn't apply for workers' compensation. The Supreme Court granted summary judgment to State Farm, finding Quick failed to pursue Uninsured Employers' Fund benefits first. The Appellate Division affirmed, holding that workers' compensation, through the Uninsured Employers' Fund if the employer is uninsured, is primary to no-fault benefits for work-related injuries, thus upholding the dismissal of Quick's complaint.

Workers' CompensationNo-Fault InsurancePrimary JurisdictionUninsured Employers' FundSummary JudgmentAppellate ReviewPersonal InjuryAutomobile AccidentEmployer LiabilityStatutory Interpretation
References
22
Case No. MISSING
Regular Panel Decision

Kalloo ex rel. Ulimited Mechanical Co. of NY, Inc. v. Unlimited Mechanical Co. of NY, Inc.

Plaintiffs Kevin Kalloo, Shahrazz Mohammad, and Clement Albertie sued Unlimited Mechanical Co. of New York, Inc. and its president, Nicholas Bournias, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The plaintiffs claimed they were not paid appropriate overtime compensation for hours worked, uncompensated travel time, and, in Mr. Kalloo's case, unpaid wages for his last two weeks of employment. The court found Mr. Bournias individually liable as an employer under both acts and determined that Mr. Kalloo was an employee, not an independent contractor. The court concluded that the defendants failed to pay full overtime and straight time wages for hours worked and travel time, awarding substantial damages and liquidated damages to all three plaintiffs. Defendants' counterclaims for unjust enrichment against Mr. Albertie and tortious interference against Mr. Kalloo were denied.

Wage and Hour DisputeOvertime CompensationUnpaid Travel TimeFLSA ViolationsNYLL ViolationsEmployer ResponsibilityIndividual Employer LiabilityEmployee ClassificationDamages AwardLiquidated Damages
References
0
Case No. MISSING
Regular Panel Decision
Dec 13, 1978

Waters v. Patent Scaffold Co.

This personal injury action arises from Charles Waters' fall from a scaffolding I-beam in 1970, allegedly unbolted by a co-worker. Waters was employed by I. Rosen & Sons, Inc., a masonry subcontractor. The defendants included the general contractor-owner and Patent Scaffold Co., which leased and initially installed the scaffolding. The court determined that Patent Scaffold Co. was an independent supplier, not a contractor, and thus not liable under Labor Law § 240, nor for common-law negligence or strict liability, as the alleged duties devolved upon the subcontractor. The Supreme Court's order partially granting summary judgment to Patent Scaffold Co. was modified to grant summary judgment on all causes of action, and as modified, affirmed.

Personal InjuryScaffolding AccidentLabor Law § 240Summary JudgmentContractor LiabilityLessor LiabilitySubcontractor ResponsibilityConstruction Site SafetyDuty to SuperviseStrict Liability
References
1
Case No. MISSING
Regular Panel Decision
Jun 23, 1978

Keefer v. Norton Co.

This case involves an appeal from a decision by the Workers’ Compensation Board. The Board found that the claimant suffered an occupational disease, specifically a herniated disc, due to repetitive lifting of heavy belts during employment. The Board determined that the employment acted upon the claimant's condition to cause a disability that previously did not exist, referencing Perez v. Pearl-Wich Co. The appellate court affirmed the Board's decision, concluding that it was supported by substantial evidence. Costs were awarded to the Workers’ Compensation Board against the employer and its insurance carrier.

Occupational DiseaseHerniated DiscRepetitive LiftingWorkers' Compensation BoardAppellate ReviewDisability CausationSubstantial EvidenceBoard Decision AffirmedEmployment-Related Injury
References
3
Case No. MISSING
Regular Panel Decision
Jun 26, 1979

Klebe v. General Electric Co.

The claimant's decedent, an employee in the employer’s laboratory, became ill and died from cerebral edema on September 14, 1971. The Workers’ Compensation Board investigated whether the brain condition was causally connected to his employment. The Board determined, based on record evidence including an impartial specialist’s testimony, that there was no causal relation between the decedent’s death and exposure to dioxane fumes, and thus no accident or occupational disease arising from employment. This finding rebutted the presumptions of causal connection under Workers’ Compensation Law sections 21 and 47. Consequently, the Board’s decision denying benefits was affirmed upon appeal, with the court noting the claimant's reliance on Matter of Matthews v General Elec. Co. was misplaced.

Workers' CompensationCausal ConnectionCerebral EdemaOccupational DiseasePresumption RebuttalAppellate ReviewEmployment-Related IllnessDioxane FumesMedical EvidenceBoard Decision
References
1
Case No. 2023 NY Slip Op 06179 [221 AD3d 1382]
Regular Panel Decision
Nov 30, 2023

Pierce v. Archer Daniels Midland, Co.

Debra D. Pierce, as an individual and administrator of her deceased husband's estate, appealed a Supreme Court order that dismissed her claims against Archer Daniels Midland, Co. (ADM) and ADM Milling, Co. Her husband was fatally injured during employment, leading to claims including negligence and Labor Law violations. The Supreme Court had granted dismissal based on Workers' Compensation Law exclusivity, as Pierce had received workers' compensation benefits naming ADM Milling as the employer. The Appellate Division affirmed the dismissal of Pierce's direct claims against ADM Milling due to the finality of the Workers' Compensation Board decision. However, the Court reversed the dismissal of future cross-claims against ADM Milling, citing the grave injury exception allowing third-party actions. Additionally, the dismissal of the complaint and cross-claims against ADM was reversed as premature, given unresolved factual issues regarding corporate control.

Workers' Compensation ExclusivityGrave Injury ExceptionParent Corporation LiabilityMotion to DismissCollateral AttackJudicial EstoppelThird-Party ActionIndemnification and ContributionEmployment LawWrongful Death
References
18
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