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

Case No. ADJ4415679 (OAK 0259031) ADJ2701101 (WCK0050594)
Regular
May 10, 2010

Stanley Sanders vs. REMEDY INTELLIGENT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, OREGON STEEL MILLS, INC. dba NAPA PIPE

The Workers' Compensation Appeals Board reversed a judge's decision, ruling that Napa Pipe, a self-insured special employer, is liable for applicant Stanley Sanders' workers' compensation benefits. Despite an agreement between the general employer (Remedy Temp) and Napa Pipe attempting to limit liability to Remedy Temp's insurer (Reliance), Napa Pipe's joint and several liability as a special employer cannot be contractually eliminated. Because Napa Pipe's self-insurance was not excluded for special employees and constitutes "other insurance" under Insurance Code § 1063.1(c)(9), CIGA is relieved of its obligation to provide benefits following Reliance's insolvency. Therefore, Napa Pipe must now provide all workers' compensation benefits and administer the claim.

Workers' Compensation Appeals BoardStanley SandersRemedy Intelligent StaffingCalifornia Insurance Guarantee AssociationReliance National Insurance CompanyOregon Steel MillsNapa PipeADJ4415679ADJ2701101Opinion and Decision After Reconsideration
References
24
Case No. No. 84
Regular Panel Decision
Dec 22, 2020

Deutsche Bank National Trust Company v. Morgan Stanley Mortgage Capital Holdings

The New York Court of Appeals reversed an Appellate Division order, reinstating the Supreme Court's decision in a residential mortgage-backed securities (RMBS) put-back action. The core issue was whether allegations of gross negligence could render a contractual "sole remedy provision" unenforceable, allowing for broader compensatory and punitive damages. The Court held that the public policy exception for gross negligence only applies to exculpatory or nominal damages clauses, not to contractual limitations on remedies that provide for more than nominal relief and are intended to make the injured party whole. It found the sole remedy provision (cure or repurchase of defective loans) to be neither exculpatory nor nominal. Additionally, claims for punitive damages and attorneys' fees were dismissed, as no independent tort was established for punitive damages and the contract did not clearly authorize attorneys' fees.

RMBS litigationcontractual limitationsgross negligencesole remedyexculpatory clausenominal damagesbreach of contractpublic policypunitive damagesattorneys' fees
References
42
Case No. 2015-2418 K C
Regular Panel Decision
May 25, 2018

Remedial Med. Care, P.C. v. Park Ins. Co.

This case involves an appeal from an order of the Civil Court concerning first-party no-fault benefits. The defendant, Park Insurance Co., sought summary judgment to dismiss the complaint filed by Remedial Medical Care, P.C., as assignee of Thomas Brown. The Civil Court initially denied the motion but found that the defendant had established timely mailing of denials. The Appellate Term modified the order, granting summary judgment to the defendant for a bill of services rendered on August 23, 2012, as it was paid according to the workers' compensation fee schedule. However, for the remaining bills, the defendant failed to prove timely mailing of IME scheduling letters, thus failing to demonstrate that the IMEs were properly scheduled or that the assignor failed to appear. Therefore, the denial of summary judgment for the remaining claims was affirmed.

Summary JudgmentNo-Fault BenefitsIndependent Medical Examination (IME)Timely MailingWorkers' Compensation Fee ScheduleAppellate TermCivil CourtDenial of ClaimFirst-Party BenefitsInsurance Law
References
3
Case No. MISSING
Regular Panel Decision

Mejia v. Trustees of Net Realty Holding Trust

The third-party defendant, Plaster Master, appealed an order and judgment from the Supreme Court, Queens County, which had denied its motion for judgment as a matter of law on a contractual indemnification claim. The lower court had found Plaster Master contractually obligated to indemnify Kimco Realty Services, Inc., the general contractor, in a case stemming from a personal injury lawsuit by a Plaster Master employee. The appellate court found the indemnification provision in the contract, drafted by Kimco, to be ambiguous. Due to the ambiguity and lack of clarifying parol evidence, the court resolved the ambiguity against Kimco. Consequently, the appellate court reversed the lower court's order, granted Plaster Master's motion, and dismissed Kimco's third-party claim for contractual indemnification.

Contractual IndemnificationAmbiguity in ContractParol EvidenceConstruction LawAppellate ReviewWorkers' Compensation LawGeneral ContractorSubcontractor LiabilityMeeting of the MindsThird-Party Action
References
6
Case No. MISSING
Regular Panel Decision

Rodrigues v. N & S Building Contractors, Inc.

Plaintiff Jose Rodrigues, an employee of Caldas Concrete Company, Inc., was injured at a construction site. Plaintiffs commenced an action against the property owner and N & S Building Contractors, Inc., which in turn initiated a third-party action against Caldas for contractual indemnification. The Supreme Court dismissed N & S's contractual indemnification claim against Caldas. N & S appealed this dismissal, arguing the agreement provided for indemnification. The Appellate Division affirmed the Supreme Court's decision, finding the indemnification clause did not unambiguously cover injuries sustained by Caldas employees.

Contractual IndemnificationSummary JudgmentWorkers' Compensation LawLabor Law § 241(6)Third-Party ActionConstruction Site InjuryEmployer LiabilitySubcontractor IndemnityGrave InjuryStrict Construction
References
5
Case No. MISSING
Regular Panel Decision

Podhaskie v. Seventh Chelsea Associates

A judgment entered February 14, 2003, which granted summary judgment to third-party defendant Regional Scaffolding & Hoisting Company, Inc. (Regional) dismissing a third-party complaint seeking contractual indemnity, was reversed. The appellate court reinstated the third-party complaint and all cross claims. The case involves an injured carpenter, employed by Regional, who sued the owner (Seventh Chelsea Associates) and construction manager (HRH Construction Corporation) for personal injuries under the Labor Law. These appellants then brought a third-party action against Regional for contractual indemnification. The lower court dismissed this claim, finding no existing contract for indemnity at the time of the accident. However, the appellate court found an issue of fact regarding whether various documents, including a bid proposal, certificate of insurance, and a later formal contract, demonstrated Regional's intent for the indemnification to apply retroactively, thus precluding summary dismissal.

Contractual IndemnitySummary JudgmentThird-Party ComplaintRetroactive ApplicationWorkers' Compensation LawLabor LawAppellate DivisionScaffolding AccidentPersonal InjuryConstruction Project
References
6
Case No. MISSING
Regular Panel Decision
Jul 28, 2009

Tullino v. Pyramid Companies

The case involves an appeal by third-party defendant Terra Firma Construction Corp. from an order denying its motion for summary judgment to dismiss a third-party cause of action for contractual indemnification. The underlying action concerns personal injuries sustained by a plaintiff due to exposure to fireproofing material at a construction site. Third-party plaintiffs, including premises owners and contractors, brought an indemnification claim against Terra Firma, the injured plaintiff's employer. Terra Firma argued there was no contractual indemnification agreement. The Supreme Court found a triable issue of fact regarding whether a purchase order and an unsigned "Appendix A" constituted a binding indemnification agreement between Terra Firma and third-party plaintiff HRH Construction Interiors, Inc. The appellate court affirmed the denial of summary judgment, concluding that a factual dispute existed regarding the parties' intent to be bound by Appendix A.

Workers' Compensation LawContractual IndemnificationSummary Judgment MotionEmployer LiabilityPersonal Injury DamagesThird-Party ActionConstruction AccidentExpress AgreementPurchase OrderSubcontract Agreement
References
5
Case No. MISSING
Regular Panel Decision
Apr 16, 2012

Grant v. City of New York

The case involves an appeal from an order of the Supreme Court, Kings County, concerning a personal injury action. The plaintiff was injured after falling from a ladder while performing electrical work and asserted claims under Labor Law §§ 200, 240(1), 241(6), and common-law negligence against the City of New York. The City, in turn, filed a third-party action for contractual indemnification against the plaintiff's employer, A & S Electric, Inc. The appellate court modified the original order by granting the plaintiff's motion for summary judgment on liability under Labor Law §§ 240(1) and 241(6) and granting the City's cross-motion to dismiss the Labor Law § 200 and common-law negligence claims. Additionally, the court affirmed the grant of summary judgment to the City on its contractual indemnification claim against A & S Electric, Inc.

Personal InjuryLabor LawConstruction AccidentLadder SafetySummary JudgmentAppellate ReviewContractual IndemnificationEmployer LiabilityThird-Party ActionNegligence
References
21
Case No. MISSING
Regular Panel Decision
Apr 06, 2005

Neighborhood Partnership Housing Development Fund v. Blakel Construction Corp.

This case involves an appeal from an order denying renewal of a prior summary judgment motion based on collateral estoppel. The Supreme Court, Bronx County, initially denied the renewal. The appellate court unanimously reversed this decision, ruling that the denial of a summary judgment motion does not constitute collateral estoppel as it is not an adjudication on the merits. Consequently, the court granted renewal and, upon renewal, awarded summary judgment to Neighborhood Partnership Housing Development Fund for contractual indemnification against Blakel Construction Corp. and Inner City Drywall. Additionally, F & S Real Estate Development Corp. was awarded summary judgment for contractual indemnification against Blakel Construction Corp. The court found the indemnification provisions enforceable due to the lack of evidence of active negligence by the plaintiffs and insufficient evidence from defendants regarding supervision or control over the injury-producing work. However, the motion for summary judgment on common-law indemnification was denied due to unresolved factual issues concerning liability.

Collateral EstoppelSummary JudgmentContractual IndemnificationCommon-Law IndemnificationConstruction ContractsActive NegligenceRight to Stop WorkAppellate DivisionBronx CountyWorker's Compensation Law
References
5
Case No. MISSING
Regular Panel Decision

Guerrero Toro v. Northstar Demolition

Plaintiff Alexander Guerrero Toro, a pro se asbestos handler, sued NorthStar Demolition & Remediation LP under the Americans with Disabilities Act (ADA) and New York State Human Rights Law (NYSHRL), alleging failure to accommodate his carpal tunnel syndrome, wrongful termination, workplace harassment, and retaliation. After experiencing pain in his right arm, Plaintiff was placed on restricted duty, limiting his ability to perform essential job functions. Defendant provided various temporary light-duty assignments, but eventually, no suitable tasks remained due to seasonal changes and Plaintiff's ongoing limitations. Plaintiff also claimed harassment from co-workers and supervisors, and retaliation for filing administrative complaints. The court granted Defendant's motion for summary judgment, dismissing all claims, concluding that Plaintiff failed to demonstrate he could perform essential job functions with or without reasonable accommodation, or that a hostile work environment or retaliation existed based on admissible evidence. The NYSHRL claims were also dismissed, with some being jurisdictionally barred due to the election of remedies.

Americans with Disabilities ActDisability DiscriminationCarpal Tunnel SyndromeReasonable AccommodationHostile Work EnvironmentRetaliationSummary JudgmentPro Se LitigationEmployment LawNew York State Human Rights Law
References
122
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