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Case Law Database

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

Case No. CV-23-1672
Regular Panel Decision
Apr 24, 2025

In the Matter of the Claim of Jozo Vujeva

Jozo Vujeva, a mechanic, sustained shoulder injuries in March 2021, leading to a workers' compensation claim. His physician assessed a 40% schedule loss of use (SLU) for the right arm and 30% for the left, while the carrier's consultant found a 34.5% SLU for the right arm and 27% for the left. A Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board affirmed the carrier's consultant's findings, rejecting the claimant's physician's report due to non-compliance with 2018 guidelines regarding goniometer use and repeat ROM measurements. The Appellate Division affirmed the Board's decision, concluding that the Board was entitled to discount the claimant's physician's opinion due to methodological deficiencies and to credit the carrier's consultant's findings, which were supported by substantial evidence.

schedule loss of useshoulder injurymaximum medical improvementrange of motiongoniometer usageWorkers' Compensation Board decisionAppellate Division reviewmedical evidence admissibilityexpert medical opinionevidentiary support
References
11
Case No. MISSING
Regular Panel Decision

Pizzo v. Barnhart

Plaintiff Kathleen Pizzo appealed the Commissioner of the Social Security Administration's final determination denying her disability insurance benefits. The District Court reviewed the ALJ's decision, which had assigned no weight to the treating physician's opinion and significant weight to a consulting physician's report. The court found that the ALJ erred by failing to give appropriate weight to the treating physician's opinion, not adequately developing the administrative record to obtain missing medical notes, and giving undue weight to the consulting physician's report which did not explicitly support the capacity for sedentary work. Consequently, the Commissioner's determination was remanded for further administrative proceedings consistent with the District Court's decision, granting the plaintiff's motion for judgment on the pleadings to the extent of the remand and denying the Commissioner's cross-motion.

Social Security ActDisability Insurance BenefitsAdministrative Law JudgeTreating Physician RuleResidual Functional CapacitySedentary WorkMedical EvidenceRemandSubstantial EvidenceRecord Development
References
23
Case No. MISSING
Regular Panel Decision

Domino v. Professional Consulting, Inc.

Gregory Domino, a carpenter employed by Carlin Contracting Co., Inc., was injured while working on a Village of Mount Kisco water treatment facility, allegedly due to the installation of floor panels hoisted by a crane owned by Smedley Crane Service, Inc. He and his wife commenced an action for personal injuries against Professional Consulting, Inc. (PCI), the construction manager, and Smedley. The Supreme Court initially granted summary judgment to PCI, finding it was not a "contractor" or "owner" under Labor Law sections 240(1) or 241, nor liable under Labor Law section 200 or common-law negligence due to lack of supervisory authority. The appellate court affirmed this part of the decision, noting PCI's contracts expressly precluded it from supervising the work or safety procedures. However, the Supreme Court erred in granting summary judgment to Smedley, as Smedley failed to establish it lacked authority to control or supervise the crane's rigging activity, thus the appellate court reversed that portion of the decision.

Construction AccidentLabor LawSummary JudgmentReargumentConstruction Manager LiabilityCrane OperationWorker SafetyAgency LawStatutory LiabilityPremises Liability
References
12
Case No. MISSING
Regular Panel Decision
Nov 18, 2004

Claim of Shanbaum v. Alliance Consulting Group

The claimant, a software solution architect for Alliance Consulting Group, sustained an injury on September 11, 2001, while evacuating her apartment located across from her employer's World Trade Center office after the terrorist attacks. Her employer provided and paid for the apartment, which also served as a remote workspace equipped with a company laptop for accessing the main server. On the morning of the incident, the claimant had logged onto her computer, checked work emails, and begun preparing for a meeting. The Workers’ Compensation Board determined that the apartment functioned as an extension of the employer’s office and that the injury arose within the scope of her employment. This decision was subsequently affirmed on appeal.

Workers' CompensationScope of EmploymentAccidental InjuryTelecommutingHome OfficeWorld Trade Center AttacksSeptember 11Employer LiabilityArising Out Of EmploymentCourse Of Employment
References
2
Case No. 2022 NY Slip Op 06389 [210 AD3d 1448]
Regular Panel Decision
Nov 10, 2022

Smith v. MDA Consulting Engrs., PLLC

Nicholas Smith sued MDA Consulting Engineers, PLLC, for injuries sustained after falling from a foundation wall during construction, alleging Labor Law and common-law negligence violations. The Supreme Court initially denied the defendant's motion for summary judgment. However, the Appellate Division, Fourth Department, reversed this decision. The appellate court determined that the defendant was not an owner, contractor, or statutory agent of the Town, and therefore lacked supervisory control over the work or safety measures, absolving them of liability under Labor Law and common-law negligence. Consequently, the defendant's motion for summary judgment was granted, and the plaintiff's complaint was dismissed.

Labor LawSummary JudgmentAppellate ReviewAgency RelationshipConstruction AccidentFall InjurySupervisory ControlCommon-Law NegligenceStatement of Material FactsStatutory Agent
References
17
Case No. 533089
Regular Panel Decision
Oct 07, 2021

Matter of Barden v. General Physicians PC

Claimant, a patient services representative, sought to amend her workers' compensation claim to include left shoulder aggravation after a work-related injury to her right shoulder. The Workers' Compensation Board disallowed this request, finding that claimant failed to provide sufficient credible medical evidence to establish a causal relationship between her employment and the left shoulder condition. The Appellate Division, Third Department, affirmed the Board's decision. The court noted that the claimant's treating physician opined the left shoulder pathology was largely preexisting and unrelated to the work injury, and other medical opinions either lacked sufficient weight or were based on inaccurate information, providing no basis to disturb the Board's finding.

Workers' CompensationShoulder InjuryCausationMedical EvidencePreexisting ConditionAppellate ReviewBoard DecisionClaim AmendmentPatient Services Representative
References
10
Case No. 2018 NY Slip Op 00218 [157 AD3d 1116]
Regular Panel Decision
Jan 11, 2018

Matter of Joseph v. Atelier Consulting LLC

Claimant Brad Joseph, a construction worker, sought workers' compensation benefits after fracturing his foot while working at a construction site, naming George Villar/Atelier Consulting LLC as his employer. An investigation revealed Atelier was exempt from coverage and lacked workers' compensation insurance at the time of the accident. The Workers' Compensation Law Judge determined an employer-employee relationship existed between Atelier and Joseph, holding Omega Construction Group, Inc., the general contractor, responsible for awards and imposing a $36,000 penalty on Atelier for failing to secure insurance. The Workers' Compensation Board affirmed this decision. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the employer-employee relationship and no error in the Board's refusal to consider an affidavit from Villar.

Workers' CompensationEmployer-Employee RelationshipConstruction AccidentInsurance CoveragePenalty ImpositionSubstantial EvidenceAppellate ReviewAffidavit AdmissibilityCross-Examination RightsGeneral Contractor Liability
References
5
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. 2023 NY Slip Op 04821
Regular Panel Decision
Sep 28, 2023

Liu v. Whitestar Consulting & Contr., Inc.

The Appellate Division, First Department, modified a prior order concerning a construction site accident where plaintiff Noah Liu fell 20 to 25 feet from an unguarded plywood ramp. The court granted the plaintiffs' cross-motion for summary judgment on their Labor Law § 240 (1) claim against defendants Moinian, Newmark, and Whitestar Consulting & Contracting, Inc. It was determined that the ramp, spanning a significant height differential and lacking safety devices, fell under the purview of Labor Law § 240 (1). Consequently, the defendants' motions to dismiss this claim were denied, and the plaintiffs were awarded summary judgment as to liability. Claims under Labor Law § 200 and common-law negligence were deemed academic in light of this ruling.

Construction accidentLabor Lawunguarded rampfall from heightsummary judgmentAppellate Divisionpersonal injurypremises liabilityelevation differentialsafety devices
References
8
Case No. MISSING
Regular Panel Decision

National Basketball Ass'n v. Design Management Consultants, Inc.

The National Basketball Association (NBA) and NBA Properties, Inc. (plaintiffs) initiated a civil contempt motion against Designer Management Consultants, Inc. (DMC) and Delroy Allen (defendants). Plaintiffs alleged that defendants violated a Preliminary Injunction on Consent, issued on August 11, 2003, by continuing to sell 'Disputed Merchandise' bearing NBA trademarks and failing to provide a complete accounting of these sales. The court found clear and convincing evidence of non-compliance regarding merchandise sales and accounting documentation. Consequently, the plaintiffs' motion for civil contempt was granted, with sanctions including a $2,500 daily fine for continued non-compliance after October 15, 2003, and an entitlement to net profits from the unlawful sales, to be determined later.

Trademark InfringementCivil ContemptPreliminary InjunctionTrademark DilutionUnfair CompetitionDeceptive ActsBrand ProtectionIntellectual PropertySanctionsCompliance
References
6
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