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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

Stachura v. 615-51 Street Realty Corp.

The defendants third-party plaintiffs, 615-51 Street Realty Corp. and New Deal Realty Corp., appealed an order denying summary judgment to New Deal Realty Corp. on a contractual indemnification claim and granting dismissal of that claim to the third-party defendant, J&L Landscaping Inc. The appellate court dismissed the appeal of 615-51 Street Realty Corp. The court reversed the order pertaining to New Deal Realty Corp., finding that the 'hold harmless' agreement between New Deal and J&L was a valid and binding contract supported by consideration and not rendered unenforceable by General Obligations Law § 5-322.1. New Deal Realty Corp. successfully demonstrated its freedom from negligence, and J&L Landscaping Inc. failed to raise a triable issue of fact. Consequently, summary judgment was awarded in favor of New Deal Realty Corp. on its contractual indemnification claim against J&L Landscaping Inc.

Construction AccidentContractual IndemnificationHold Harmless AgreementSummary JudgmentThird-Party ClaimWorkers' Compensation LawGeneral Obligations LawAppellate ReviewPersonal Injury DamagesNegligence
References
11
Case No. 96 Civ. 4126
Regular Panel Decision
Jun 25, 2003

Penguin Books U.S.A., Inc. v. New Christian Church of Full Endeavor, Ltd.

Plaintiffs Foundation for A Course in Miracles (FACIM) and Foundation for Inner Peace (FIP) sued New Christian Church of Full Endeavor, Ltd. (NCCFE) and Endeavor Academy for copyright infringement of 'A Course in Miracles.' The central issue was whether the work entered the public domain due to extensive pre-publication distribution without copyright notice. The court found that hundreds of uncopyrighted copies were distributed without sufficient limitations on who received them or how they could be used. Consequently, the court concluded that the work was generally published before its official copyright registration, rendering the copyright invalid. Judgment was entered in favor of the defendants, dismissing the copyright.

Copyright LawPublic DomainPre-publication DistributionCopyright InfringementIntellectual PropertyReligious TextsSpiritual TeachingsManuscript DistributionLiterary WorkLicensing Agreement
References
15
Case No. 01-93-00152-CV
Regular Panel Decision
Jun 22, 1995

Campbell v. TEXAS EMPLOYERS'INS. ASS'N

This case involves a claim of lack of good faith and fair dealing against workers' compensation insurance carriers. Danny Campbell, an employee of the Houston Independent School District, became severely ill and later died after ingesting formaldehyde from his thermos at work. His wife, Margaret Campbell, sued the insurance carriers (Texas Employers' Insurance Association, Employers Casualty Company, and Employers' National Risk Management Services, Inc.) for breach of the duty of good faith and fair dealing, DTPA violations, and Insurance Code violations, after they denied coverage. The trial court granted summary judgment for the carriers, but the Court of Appeals reversed this decision. The appellate court found genuine issues of material fact regarding whether Campbell's injury was sustained in the course of his employment and whether the denial of payment was reasonable, and it rejected the carriers' defenses of statute of limitations and governmental immunity. The cause was remanded for a trial on the merits.

Workers' CompensationBad Faith ClaimUnfair DealingSummary Judgment ReversalCourse of EmploymentPersonal Animosity ExceptionStatute of LimitationsGovernmental ImmunityInsurance Coverage DisputeToxic Ingestion
References
20
Case No. 2020 NY Slip Op 02699 [183 AD3d 992]
Regular Panel Decision
May 07, 2020

Matter of Muller v. Square Deal Machining, Inc.

Claimant Bruce Muller, a saw operator, filed for workers' compensation benefits due to back, stomach, and leg injuries resulting from repetitive heavy lifting. Initially, a Workers' Compensation Law Judge disallowed the claim, citing pre-existing conditions. However, the Workers' Compensation Board reversed this decision, establishing the claim for an occupational disease stemming from work-related aggravation of his pre-existing back condition. The employer and its carrier appealed, challenging the Board's rule that allowed the claimant not to serve notice of his application for Board review to their attorney, arguing it violated their right to counsel. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the issue was not properly preserved for appeal, and even if it had been, the Board's rule was rational and within its rule-making authority.

Occupational diseaseRepetitive traumaPre-existing conditionWorkers' Compensation Board reviewRight to counselDue processRule-making authorityAdministrative reviewNotice requirementsAppellate Division
References
8
Case No. MISSING
Regular Panel Decision
Mar 02, 2009

People v. Andrus

Defendant appealed a judgment convicting him of attempted course of sexual conduct against a child. He argued his Miranda rights were violated, but the court found a knowing, voluntary, and intelligent waiver. The court also rejected his claim that a social worker acted as a law enforcement agent without issuing Miranda warnings, noting the interview's timing and continuous custody. Furthermore, police deception regarding a polygraph did not coerce his statement or deny due process. His challenge to his Alford plea was unpreserved, and the sentence was deemed appropriate.

Miranda rightsWaiver of rightsRight to counselPolice interrogationSocial worker interviewLaw enforcement agencyVoluntariness of confessionPolice deceptionPolygraph examinationDue process
References
12
Case No. MISSING
Regular Panel Decision
Jul 27, 1995

Claim of Wint v. Hotel Waldorf Astoria

The claimant, employed by Hotel Waldorf Astoria, was involved in an altercation in January 1990 and subsequently terminated. Despite termination, payroll records were maintained, and the claimant remained in employment status as a union delegate until a grievance hearing in February 1990. On January 26, 1990, the claimant returned to the Hotel to pick up her paycheck and was injured after slipping and falling. The Workers’ Compensation Law Judge initially disallowed the claim, but the Workers’ Compensation Board rescinded this decision. A new WCLJ found the injury occurred in the course of employment, which the Board affirmed. The Hotel appealed this decision, contending that no employer-employee relationship existed at the time of the accident. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the determination that the claimant was an employee.

Workers' CompensationEmployment StatusAccidental InjuryCourse of EmploymentEmployer-Employee RelationshipUnion DelegateCollective Bargaining AgreementPaycheck CollectionTermination DisputeSubstantial Evidence
References
7
Case No. MISSING
Regular Panel Decision
Nov 09, 2005

Plaza Restoration, Inc. v. Nationwide Mutual Insurance

The plaintiff insured brought an action seeking a declaratory judgment, alleging that the defendant insurer breached its covenant of good faith and fair dealing. This alleged breach related to a personal injury action previously commenced against the plaintiff by a construction worker. The defendant appealed an order from the Supreme Court, Nassau County, which had denied its motion to dismiss the complaint or for summary judgment, arguing the action was premature. The appellate court rejected the defendant's contention, affirming that a declaratory judgment action against an insurer is permissible even before a judgment in the underlying action. The order of the Supreme Court was affirmed, with costs.

Declaratory JudgmentBreach of CovenantGood Faith and Fair DealingInsurance LawPersonal InjuryConstruction Site InjuryRipeness DoctrineMotion to DismissSummary JudgmentAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Matter of Hill-Chapman v. Earlybird Delivery Systems, LLC

Gerald Chapman, a dispatcher, collapsed and died at work on December 25, 2011, from a pulmonary embolism of unknown cause. His estate filed a claim for death benefits, which the Workers’ Compensation Board established, applying the Workers’ Compensation Law § 21 presumption that unexplained accidents in the course of employment arise out of such employment. The employer appealed, arguing that an independent medical report by Vinay Das could not determine the cause of death and requested cross-examination of the medical examiner and access to decedent’s medical records. The Appellate Division reversed the Board's decision, remitting the matter for the Board to address the employer's contention regarding the denial of access to medical records, while upholding the Board's application of the Section 21 presumption and denial of cross-examination.

Workers' Compensation BenefitsUnexplained DeathPulmonary Embolism CausationPresumption Against EmployerMedical Evidence AdmissibilityRight to Cross-ExamineMedical Record DiscoveryAppellate Division ReviewRemand for Further ProceedingsEmployment-Related Injury
References
8
Case No. MISSING
Regular Panel Decision

Claim of Littles v. New York State Department of Corrections

A claimant was injured in an automobile accident approximately 10 feet from her workplace entrance, a prison. She applied for workers' compensation benefits. A Workers’ Compensation Law Judge initially established the claim, but the Workers’ Compensation Board reversed this decision, finding that the claimant did not sustain an accidental injury arising out of and in the course of her employment. On appeal, the court affirmed the Board's decision, concluding that there was no evidence of a special hazard at the accident location or a close association of the access route with the employer's premises that would make the accident compensable as a risk of employment.

Workers' CompensationAutomobile AccidentCourse of EmploymentArising Out of EmploymentSpecial HazardAccess RoutePublic RoadOff-premises InjuryCommuting AccidentWorkers' Compensation Board Appeal
References
8
Case No. MISSING
Regular Panel Decision
Dec 04, 1997

Claim of D'Accordo v. Spare Wheels & Car Shoppe of Sayville

A claimant, an automobile salesperson, was injured in an accident while driving an employer-provided vehicle to complete a sale to his brother-in-law. The Workers' Compensation Board ruled that the accident arose out of and in the course of his employment, a decision challenged by the employer and its insurance carrier. The appellate court affirmed the Board's determination, citing sufficient evidence that the claimant's activity, though off-schedule, was work-related. This was supported by coworker testimony regarding the employer's encouragement of off-site sales and the claimant's history of sales to family members, establishing a factual basis for the Board's resolution that the activity was reasonable and work-related.

Workers' CompensationAccidental InjuryCourse of EmploymentAutomobile SalesWork-Related ActivityAppellate ReviewBoard DecisionEmployer LiabilityInsurance CarrierFactual Question
References
3
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