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

Case No. 2020 NY Slip Op 04146 [185 AD3d 896]
Regular Panel Decision
Jul 22, 2020

Casilari v. Condon

Jose Casilari, an injured plaintiff, along with his wife derivatively, brought an action against Zachary F. Condon, the owner of a single-family home, after Casilari fell from a deck during renovations. The plaintiffs alleged violations of Labor Law §§ 200, 240, 241 (6), and common-law negligence. The Supreme Court initially dismissed the Labor Law §§ 240 and 241 (6) claims but denied summary judgment for the Labor Law § 200 and common-law negligence claims. On appeal, the Appellate Division, Second Department, reversed this decision, granting summary judgment to the defendant. The appellate court found the defendant established, prima facie, that he did not supervise the work and lacked notice of the dangerous condition, and the plaintiffs failed to raise a triable issue of fact, partly due to the Supreme Court's error in considering an undisclosed witness affidavit.

Personal InjuryLabor LawCommon-Law NegligenceSummary JudgmentAppellate ReviewPremises LiabilityOwner LiabilityWork Site SafetyDiscovery SanctionsUndisclosed Witness
References
11
Case No. MISSING
Regular Panel Decision
Jun 14, 2017

Matter of Condon v. Verdile

This case involves an appeal concerning child visitation rights between a father and maternal grandparents. The maternal grandparents and children appealed a Family Court order that granted the father's petition to eliminate the grandparents' visitation and denied the grandparents' petition to establish a visitation schedule. The Appellate Division found that while the deteriorating relationship between the father and grandparents constituted a change in circumstances, the Family Court's determination that resuming visitation was contrary to the children's best interests lacked a sound basis. Evidence showed the children had a close relationship with their grandparents and desired to resume visitation, and a social worker's opinion against visitation was deemed improvidently relied upon due to an incomplete assessment. Consequently, the Appellate Division reversed the Family Court's order, denied the father's petition, granted the maternal grandparents' petition, and remitted the matter for the establishment of an appropriate visitation schedule.

Custody modificationChild visitationGrandparent visitation rightsBest interests of the childChange in circumstancesFamily Court order appealAppellate DivisionParent-grandparent antagonismTherapist testimonyDutchess County
References
6
Case No. MISSING
Regular Panel Decision
Sep 10, 1956

New York Transit Authority v. Loos

The New York City Transit Authority (plaintiff) sought an injunction against the Motormen’s Benevolent Association, Inc. and individual motormen (defendants) to prevent them from striking or instigating a strike. The plaintiff argued that a strike would violate the Condon-Wadlin Act (Civil Service Law, § 22-a) and cause irreparable damage as the Transit Authority performs a governmental function. The defendants cross-moved to dismiss the complaint, enjoin the plaintiff from recognizing the Transport Workers’ Union, recognize the Motormen’s Benevolent Association, and enjoin enforcement of the Condon-Wadlin Act. The court granted the plaintiff's motion for an injunction pendente lite, affirming the temporary stay, and denied all of the defendants' cross-applications. The court emphasized that rapid transit operation is a vital governmental function in New York City, making strikes by its employees unlawful, both under common law and the Condon-Wadlin Act. An early trial was ordered.

InjunctionPublic EmployeesStrike ProhibitionCondon-Wadlin ActGovernmental FunctionRapid TransitLabor RelationsMotormenNew York CityCollective Bargaining
References
13
Case No. ADJ1 0300458
Regular
Aug 01, 2016

CD MAHEDE HASAN vs. UNIVERSAL CITY NISSAN, INC, INSURANCE COMPANY OF THE WEST WOODLAND HILLS

The Workers' Compensation Appeals Board denied reconsideration of an applicant's claim for benefits. The applicant sustained an arm fracture while arm wrestling with a colleague during a lull at work. The Board adopted the Administrative Law Judge's findings that the injury resulted from horseplay, which was not condoned by the employer. Because injuries from un-condoned horseplay are not considered to arise out of employment, the claim was denied.

WCABPetition for ReconsiderationDeniedHorseplayEmployer CondonationWCJ FindingsCredibility DeterminationSubstantial EvidenceProximate CauseCourse of Employment
References
4
Case No. MISSING
Regular Panel Decision

Jamur Productions Corp. v. Quill

This case involves multiple actions seeking damages from labor unions following the 1966 New York City transit strike. The defendants, referred to as "the Unions," moved for dismissal of all complaints due to legal insufficiency. Plaintiffs asserted various claims, including intentional violation of the Condon-Wadlin Act and a court injunction, prima facie tort, and breaches of human rights and contractual theories. The court granted the defendants' motions, ruling that the Condon-Wadlin Act does not create a private right of action for damages. It further determined that the alleged damages were too remote and indirect to sustain claims of prima facie tort, and that claims based on human rights declarations, stock diminution, and contract were without merit. The decision emphasizes that remedies for the general public regarding public employee strikes must originate from legislative action rather than judicial adjudication.

Transit StrikePublic EmployeesLabor UnionsCondon-Wadlin ActPrima Facie TortStatutory InterpretationCivil LiabilityRemote DamagesInjunction ViolationCollective Bargaining
References
13
Case No. ADJ8462686, ADJ8462674, ADJ8462669, ADJ8458516, ADJ8454515
Regular
May 06, 2016

BENIGIA SANTANA vs. TRI-S ENTERPRISES, INC., WESCO INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded a WCJ's order dismissing a lien claim, and remanded the matter for a hearing on the merits of the lien. The WCAB also reduced sanctions imposed on the lien claimant's representative from \$500 to \$100, citing the policy to favor hearings on the merits. While the representative's tardiness and conduct were not condoned, dismissal was deemed too severe a penalty.

Workers' Compensation Appeals BoardLien claimantReconsiderationWCJOrder Dismissing LienCompromise and ReleaseSanctionsLabor Code section 5813Hearing representativeTardiness
References
1
Case No. OAK 0317088
Regular
Aug 08, 2007

BEHZAD OLFATPOUR vs. ZOLMAN CONSTRUCTION & DEVELOPMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted applicant's petition for removal due to applicant's counsel's failure to properly manage the case during a staff transition, which led to the discovery period being closed prematurely. Despite not condoning counsel's conduct, the Board remanded the case for another mandatory settlement conference before trial. This action was taken due to the totality of circumstances as outlined by the WCJ.

RemovalExcusable NeglectDeclaration of ReadinessMandatory Settlement ConferenceWCJLabor Code Section 5502(e)(3)Industrial InjuryProject ManagerWeltin Law OfficeSubstitution of Attorney
References
0
Case No. ADJ9417204
Regular
Oct 05, 2018

SILVANA BEDROSSIAN vs. GLENDALE UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied the Petition for Reconsideration because it was unverified and the petitioner failed to cure this defect after notice. The Board adopted the WCJ's report, which found no compelling reason for the lack of verification and that the petitioner did not act with diligence. Furthermore, the petitioner failed to demonstrate excusable neglect for not filing a required declaration and did not seek relief under Code of Civil Procedure section 473. Although the Board did not condone the petitioner's behavior, sanctions were not deemed warranted at this time.

Petition for ReconsiderationLack of VerificationLabor Code Section 5902Lucena v. Diablo Auto BodyCal. Code Regs. tit. 8 § 10450(e)WCJ ReportCode of Civil Procedure Section 473Excusable NeglectLien ClaimantDeclaration Requirement
References
4
Case No. MISSING
Regular Panel Decision

Zawatski v. Cheektowaga-Maryvale Union Free School District

The Supreme Court erred in denying the defendant's motion for summary judgment. The appellate court found that the defendant successfully demonstrated entitlement to judgment as a matter of law, and the plaintiff failed to provide sufficient evidence to create a factual dispute regarding the condonation of sexual harassment by a co-worker. Consequently, the complaint was dismissed. Additionally, the court affirmed the lower court's decision to exclude the plaintiff's unsworn memorandum of law from the record, citing lack of probative value.

Summary JudgmentSexual HarassmentAppellate ReviewCondonationDismissal of ComplaintProcedural LawMemorandum of LawEvidentiary StandardErie County Supreme CourtCourt Record Settlement
References
8
Case No. ADJ6590798, ADJ6590824
Regular
May 14, 2013

SENIOR HELPERS vs. ENDURANCE INSURANCE, FIRST COMP

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the original Findings of Fact. The Board found no basis to award penalties, attorneys' fees, or costs to the defendant against the lien claimant or their attorney, upholding the administrative law judge's credibility findings. While not condoning either party's conduct, the Board admonished them for adversarial tactics and returned the matter to the trial level. The defendant's attempt to shift blame regarding prior settlement offers and representation was unsupported by evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactWCJLien claimantattorneys' feessanctionsReport and Recommendationsupplemental responsesettlement agreement
References
1
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