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

Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. MISSING
Regular Panel Decision
May 20, 1998

Walker v. Trustees of the University of Pennsylvania

The Supreme Court, New York County, affirmed a judgment entered May 20, 1998, which awarded common-law indemnification to the site owner and general contractor against the plaintiff's employer, a subcontractor, in a laborer's personal injury action. The appellate court found that the trial court properly granted the posttrial motion for indemnification. This decision was based on a jury finding that the owner and general contractor were not negligent and did not direct or control the plaintiff's work, whereas the employer did. The general contractor's contractual authority to enforce general safety standards was not considered sufficient to establish requisite supervision or control of the plaintiff's specific work. Furthermore, the employer's express assumption of primary responsibility for worker safety in its subcontract was noted, and its argument regarding the jury's lack of an express ruling on the general contractor’s supervision was rejected, given that such a question was not requested and the finding of no negligence implied no supervision.

Common-law indemnificationThird-party actionPersonal injuriesLabor LawNegligenceSite owner liabilityGeneral contractor liabilitySubcontractor employerSupervision and controlWorker safety
References
5
Case No. MISSING
Regular Panel Decision

Cuartas v. Kourkoumelis

The plaintiff was injured at a construction site on property owned by defendant Tomis Kourkoumelis when a manhole cover fell on his foot. The plaintiff and a co-worker were attempting to open the manhole cover with a crowbar. The plaintiff alleged Kourkoumelis directed him to clean debris from the retention tank. The Supreme Court denied Kourkoumelis's cross-motion for summary judgment regarding Labor Law § 200 and common-law negligence, finding issues of fact about his supervision and control. The appellate court reversed the decision, stating there was no evidence of a dangerous condition with the manhole cover and Kourkoumelis's instruction did not demonstrate direction or control over the plaintiff's work. The court emphasized that landowner liability requires exercising supervision and control over the work or actual/constructive notice of a dangerous condition, or directing the manner of work, not just general supervisory authority. Consequently, the cross-motion was granted, and the complaint was dismissed against Tomis Kourkoumelis.

Construction AccidentLabor LawPremises LiabilitySummary JudgmentCommon-Law NegligenceOwner LiabilitySupervision and ControlDangerous ConditionAppellate ReviewPersonal Injury Damages
References
6
Case No. MISSING
Regular Panel Decision

Claim of Chirino v. Sanitary Controls, Inc.

This case concerns appeals from Workers’ Compensation Board decisions that upheld the State Insurance Fund's cancellation of a workers’ compensation policy for Sanitary Controls, Inc. due to nonpayment. The Fund sent a cancellation notice on November 23, 1976, effective December 11, 1976. Sanitary received it eight days before the effective date. Concurrently, Sanitary filed for bankruptcy, and a court order stayed proceedings against it but did not explicitly stop the policy cancellation. The appeals court affirmed the Board’s decision, holding that service of cancellation is effective upon mailing, not receipt, as per Workers’ Compensation Law § 54, subd 5, and that the bankruptcy filing did not negate Sanitary’s insurance obligations.

Policy CancellationNonpayment of PremiumBankruptcy LawService of NoticeInsurance LiabilityAppellate ProcedureStatutory InterpretationEmployer ObligationsInsurer ObligationsBoard Decisions
References
4
Case No. MISSING
Regular Panel Decision

Control Network Communications, Inc. v. International Brotherhood of Electrical Workers

Plaintiff Control Network Communications, Inc. (CNC) initiated an action against defendant International Brotherhood of Electrical Workers, Local Union No. 236, alleging breach of contract and fraud under the Labor Management Relations Act (LMRA). CNC contended that Local 236 violated a 'most favored nations' clause in their collective bargaining agreement by offering more favorable terms to another employer, Adirondack Cabling. CNC's grievance was ultimately denied by the Labor Management Committee (LMC). The court granted Local 236's motion to dismiss, finding the LMC's decision on the breach of contract claim to be final and binding due to CNC's failure to timely petition for vacation. Additionally, the court ruled that CNC's fraud claim was preempted by the LMRA, as its resolution required interpretation of the collective bargaining agreement.

Breach of contractFraud claimLabor Management Relations Act (LMRA)Most favored nations clauseCollective bargaining agreement (CBA)Grievance procedureMotion to dismissFederal preemptionLabor Management Committee (LMC)Final and binding determination
References
20
Case No. 2021 NY Slip Op 01459 [192 AD3d 1292]
Regular Panel Decision
Mar 11, 2021

Matter of Morales (New York State Dept. of Corr. & Community Supervision)

Samuel Morales, a correction sergeant, was injured while restraining an inmate who had attempted to punch him, subsequently being placed on workers' compensation leave. His employment was terminated after one year by the New York State Department of Corrections and Community Supervision, arguing his injury did not result from an 'assault' as per Civil Service Law § 71, thus denying him a two-year leave. Morales challenged this in a CPLR article 78 proceeding, initially dismissed by the Supreme Court. The Appellate Division, Third Department, reversed, ruling that the inmate's attempted punch constituted an 'intentional physical act of violence directed toward an employee,' meeting the assault definition for § 71 eligibility. The court found the respondent's determination arbitrary, capricious, and affected by an error of law, clarifying that the statute requires disability 'resulting from' an assault, not 'directly caused' by it.

Workers' CompensationCivil Service Law § 71AssaultLeave of AbsenceCorrection SergeantInmate AltercationEmployment TerminationCPLR article 78Statutory InterpretationArbitrary and Capricious
References
7
Case No. 2021 NY Slip Op 01818 [192 AD3d 1426]
Regular Panel Decision
Mar 25, 2021

Matter of Jennings v. New York State Dept. of Corr. & Community Supervision

Petitioner, a correction officer, sustained injuries while restraining an inmate, leading to her being placed on workers' compensation leave. After one year, the New York State Department of Corrections and Community Supervision (respondent) terminated her employment, denying her request for a two-year leave of absence under Civil Service Law § 71. Petitioner then commenced a CPLR article 78 proceeding, arguing her statutory entitlement to the extended leave due to an inmate assault and challenging respondent's definition of assault as too restrictive. The Supreme Court dismissed her application. The Appellate Division affirmed the judgment, upholding respondent's narrower interpretation of

Workers' CompensationLeave of AbsenceCorrection OfficerInmate AssaultCivil Service LawCPLR Article 78Statutory InterpretationAdministrative ReviewArbitrary and CapriciousDisability
References
6
Case No. 2023 NY Slip Op 03962 [218 AD3d 1096]
Regular Panel Decision
Jul 27, 2023

Matter of Brooks v. New York State Dept. of Corr. & Community Supervision

Petitioner, a captain for the New York State Department of Corrections and Community Supervision, was terminated after an investigation revealed he engaged in sexually explicit text message exchanges while on duty. He challenged the termination, arguing lack of substantial evidence for misconduct and disproportionality of the penalty. The court found substantial evidence supported the misconduct findings, rejecting his procedural arguments regarding the warrant and subpoena. However, considering his 21 years of service, strong evaluations, and expressed remorse, the court found the penalty of termination disproportionate and remitted the matter for consideration of a less severe penalty. A dissenting opinion argued the termination was justified due to the severe nature of the conduct in a leadership role.

Employment TerminationMisconductCivil Service LawCPLR Article 78Disciplinary HearingSexual MisconductWorkplace PolicyAdministrative PenaltyAppellate ReviewProportionality of Penalty
References
34
Case No. 2020 NY Slip Op 00652
Regular Panel Decision
Jan 30, 2020

Matter of Froehlich v. New York State Dept. of Corr. & Community Supervision

Petitioner Jason Froehlich, a correction sergeant, was injured while attempting to subdue a combative parolee. Following a year of workers' compensation leave, his employment was terminated by respondent, New York State Department of Corrections and Community Supervision, pursuant to Civil Service Law § 71. Froehlich argued he was entitled to a two-year leave of absence, asserting his injuries resulted from an assault during employment. Respondent denied this, defining "assault" as an intentional physical act of violence directed toward an employee, and found no evidence the parolee intentionally directed violence at Froehlich. The Supreme Court dismissed Froehlich's CPLR article 78 petition. The Appellate Division, Third Department, affirmed the judgment, concluding that respondent's definition of assault was rational and its application to the facts, finding no intentional physical act directed at Froehlich, was also rational. A dissenting opinion argued that the inmate's actions, under respondent's own definition, constituted an assault.

Civil Service Law § 71workers' compensation leavedisability leaveassault in employmentintentional physical act of violenceCPLR article 78 proceedingadministrative determinationrational basis reviewarbitrary and capriciouscorrection sergeant
References
7
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