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

Case No. MISSING
Regular Panel Decision

Armstrong v. Sherrill-Kenwood Water District

Plaintiffs, including Joseph Armstrong, commenced an action against the defendant under Labor Law § 240 (1) after Joseph Armstrong suffered injuries from a 25-foot fall from a water tank under construction. The plaintiffs' motion for partial summary judgment on liability was initially denied by the Supreme Court, Oneida County. However, the appellate court reversed this decision, granting the plaintiffs' motion. The court found that the defendant violated the statute by providing inadequate guardrails and failing to supply proper safety devices, which was the proximate cause of Armstrong's injuries. The defendant failed to provide sufficient evidentiary proof to create a triable issue of fact.

Labor Law § 240(1)Summary JudgmentLiabilityConstruction AccidentFall from HeightInadequate GuardrailsLack of Safety DevicesProximate CauseAppellate ReviewWorker Injury
References
5
Case No. MISSING
Regular Panel Decision

Hakim v. Armstrong Rubber Co.

Joseph Hakim initiated a negligence action seeking damages for personal injuries after a forklift tire he was changing exploded. He alleged that Armstrong Rubber Company negligently designed and manufactured the tire, Firestone Tire & Rubber Company negligently designed and manufactured the wheel rim, and Clark Equipment Company negligently manufactured and failed to inspect the forklift. Armstrong and Firestone successfully moved for summary judgment by presenting evidence that they did not manufacture the specific tire or rim involved, which Hakim failed to rebut with sufficient evidence. Conversely, Clark Equipment Company's motion for summary judgment was denied due to its failure to provide any evidence disproving its involvement in the forklift's manufacture or inspection.

Forklift accidentTire explosionProduct liabilitySummary judgmentNegligenceManufacturing defectDesign defectInspection failureHearsay evidencePrima facie case
References
2
Case No. MISSING
Regular Panel Decision

Claim of McKee v. Armstrong Contracting & Supply Co.

Claimant, an asbestos worker, became totally disabled due to lung disease. The Workers’ Compensation Board found Armstrong Contracting & Supply Company liable as the last employer under New York jurisdiction, despite the claimant's subsequent employment with Insulation Services. Armstrong appealed, arguing Insulation Services, which employed the claimant in Pennsylvania, should be liable. The court applied the "significant contacts" test, determining that Insulation Services lacked sufficient New York contacts to establish jurisdiction, as the employment was entirely out-of-state. Consequently, the Board's determination that Armstrong was the last employer subject to New York jurisdiction was affirmed.

Occupational DiseaseAsbestosisJurisdictionWorkers' Compensation LawLast EmployerEmployer LiabilityNew York LawInterstate EmploymentSignificant Contacts TestAppellate Review
References
5
Case No. MISSING
Regular Panel Decision
Apr 12, 1999

Craig v. Boudrot

Plaintiff Kelly Craig sued the New York branch of the Screen Actor’s Guild (NYSAG) to compel a run-off election for a board of directors seat after a tie with incumbent Jonathan Derwin. NYSAG delayed the run-off, citing a pending Department of Labor (DOL) investigation and concerns about practicability and cost. The District Court, presided over by Judge Kaplan, found NYSAG’s refusal to hold the run-off violated its own Rules of Procedure and lacked good faith, demonstrating an intent to favor Derwin. The court granted an injunction mandating the run-off election to protect union members' voting rights. However, Craig's claims regarding the choice of ballot counter and the immediate removal of Derwin were dismissed, the latter for non-joinder.

Union ElectionsLabor LawVoting RightsInjunctionRun-off ElectionBoard of DirectorsLabor-Management Reporting and Disclosure ActUnion GovernanceJudicial ReviewBallot Dispute
References
15
Case No. ADJ6973825
Regular
May 21, 2012

MONICA BENARD vs. JENNY CRAIG, SEDGWICK CMS

This case concerns a penalty imposed on Jenny Craig for unreasonably delaying authorization for applicant Monica Benard's chiropractic treatment. The WCJ found a 25% penalty for the delay, which Jenny Craig appealed, arguing the delay was due to the applicant's choice of a chiropractor outside their Medical Provider Network (MPN). The Appeals Board affirmed the unreasonable delay finding but reduced the penalty to 20% of the delayed treatment's value, citing a failure in case management rather than intentional disregard. Jurisdiction was reserved for the parties to adjust the penalty amount.

Workers Compensation Appeals BoardMonica BenardJenny CraigSedgwick CMSADJ6973825ReconsiderationFindings and AwardLabor Code section 5814Medical Provider Network (MPN)chiropractic treatment
References
9
Case No. MISSING
Regular Panel Decision

DaBiere v. Craig

Plaintiffs Clement and Anita DaBiere sued defendants for personal injuries sustained when they slipped and fell on an external stairway at defendants' partially completed home. The plaintiffs alleged negligence due to a slippery condition and lack of handrails. The jury found defendants negligent but not the proximate cause of injuries. The Supreme Court granted plaintiffs' motion to set aside the verdict and ordered a new trial. Defendants appealed this decision. The appellate court found that the jury's verdict could be fairly interpreted based on the evidence presented regarding proximate cause. Therefore, the Supreme Court's decision to set aside the verdict was deemed an improvident exercise of discretion. The appellate court reversed the Supreme Court's order, denied the plaintiffs' motion, and reinstated the jury's original verdict.

Premises LiabilityPersonal InjuryNegligenceProximate CauseAppellate ReviewJury VerdictSetting Aside VerdictNew TrialLandowner DutyHandrails
References
12
Case No. MISSING
Regular Panel Decision

Claim of Spoerl v. Armstrong Pumps, Inc.

Claimant's decedent, Alfred Spoerl, a vice-president of Armstrong Pumps, Inc., died from bacterial endocarditis after becoming ill on a business trip to England. His widow sought workers' compensation death benefits, arguing the illness was contracted during the trip or that inadequate medical care contributed to his death. Initially, a WCLJ denied the injury claim but awarded compensation for increased risk; a panel reversed the denial. However, the full Workers' Compensation Board ultimately rescinded the award, ruling that the decedent did not sustain an accident or occupational disease, and his death was not work-related. The appellate court affirmed the Board's decision, finding substantial evidence to support it and rejecting the claim that lack of appropriate medical care constituted a compensable injury.

Bacterial EndocarditisBusiness Trip InjuryWorkers' Compensation BenefitsAccidental InjuryOccupational DiseaseMedical Care AccessCausationSubstantial EvidenceAppellate ReviewEmployer Liability
References
2
Case No. MISSING
Regular Panel Decision

Marley v. Ibelli

J. Craig Marley, a former employee of the Cooper-Hewitt National Design Museum, sued his co-workers, Juliette Ibelli and Cordelia Rose, for assault, battery, intentional infliction of emotional distress, and tortious interference with a contract. The defendants, federal employees of the Smithsonian Institution, removed the case to federal court, seeking to substitute the United States as the defendant and to dismiss the claims. The court granted the substitution, finding the co-workers acted within the scope of employment. It then dismissed the assault, battery, and tortious interference claims under the Federal Tort Claims Act's intentional torts exception, and the intentional infliction of emotional distress claim for failing to meet the outrageous conduct standard. Marley's motions to remand and amend his complaint were denied.

Federal Tort Claims ActFTCAWestfall ActSovereign ImmunityScope of EmploymentIntentional Torts ExceptionAssaultBatteryIntentional Infliction of Emotional DistressTortious Interference with Contract
References
24
Case No. ADJ226519 (SDO 0302236) ADJ488924 (SDO 0329999)
Regular
May 23, 2011

Craig Stevens vs. PACIFIC BELL TELEPHONE COMPANY

In this Workers' Compensation Appeals Board case, the applicant, Craig Stevens, sought removal of an order continuing his case to a mandatory settlement conference. Stevens contended entitlement to temporary disability and spinal surgery, and alleged ex parte communication with the Agreed Medical Evaluator (AME), Dr. Harvey Wieseltier, necessitating his disqualification. The Appeals Board denied the Petition for Removal, adopting the WCJ's report and noting the petition was not correctly verified. The underlying issues of medical treatment and temporary disability remain for future proceedings.

Petition for RemovalExpedited HearingMandatory Settlement ConferenceTemporary Disability IndemnitySpinal SurgeryAgreed Medical EvaluatorDisqualificationEx Parte CommunicationLine InstallerIndustrial Injuries
References
0
Case No. MISSING
Regular Panel Decision

Love v. N. Y. S. Craig School

The claimant, a senior attendant at Craig School, was granted a one-year educational leave with full pay to pursue practical nursing. While traveling from her home in Dansville to Monroe Community Hospital in Rochester for her studies, she was injured in an automobile collision. The Workmen's Compensation Board and the Appellate Division, Third Department, affirmed an award of benefits, finding her injuries arose out of and in the course of her employment. Jasen, J., dissenting, argued that travel to and from employment is generally not a covered activity under the Workmen's Compensation Law unless necessitated by the particular type of employment. The dissent contended that the claimant had voluntarily changed her zone of employment to Monroe Community Hospital, and her travel risks were personal, not peculiar to her employment.

Educational leaveCourse of employmentTravel injuryCommuting ruleWorkers' compensation benefitsDissenting opinionZone of employmentSpecial mission doctrineEmployer benefitInjury during commute
References
3
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