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

Case No. ADJ3943133 (SAC 0365154)
Regular
Nov 26, 2013

JACOB CARLSON vs. CUSTOM BILT METALS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's decision in Carlson v. Custom Bilt Metals. This action was taken because the parties advised the WCAB that the matter had been settled. Consequently, the WCAB rescinded the previous decision and returned the case to the trial level for further proceedings and a new decision by the WCJ, contingent on the settlement's approval. If the settlement is not approved, the original decision may be reinstated.

WCABPetition for ReconsiderationGranting ReconsiderationRescind DecisionTrial LevelSettlement ApprovalWCJ DecisionReturn to TrialFurther ProceedingsAdministrative Law Judge
References
0
Case No. MISSING
Regular Panel Decision

Sheet Metal Division of Capitol District Sheet Metal, Roofing & Air Conditioning Contractors Ass'n v. Local Union 38 of the Sheet Metal Workers International Ass'n

The plaintiffs, a coalition of sheet metal contractor associations, filed a lawsuit against Local Union 38 and a related employer association, alleging violations of federal and state antitrust and labor laws. The core of the dispute was a collective bargaining agreement provision mandating that all sheet metal fabrication be performed within Local 38's geographical jurisdiction, which plaintiffs argued constituted an illegal trade barrier. Defendants countered that the provision was a lawful work preservation clause, protected under labor law exemptions. The court ultimately ruled that the challenged clause was neither a valid work preservation measure nor exempt from antitrust scrutiny. Consequently, the court granted the plaintiffs' motion for a declaratory judgment, declaring the provision void and unenforceable due to its violation of both the National Labor Relations Act and the Sherman Antitrust Act.

AntitrustLabor LawCollective Bargaining AgreementWork Preservation ClauseSherman ActNLRADeclaratory JudgmentTrade BarrierGeographic JurisdictionSecondary Boycott
References
31
Case No. 97 Civ. 6399
Regular Panel Decision

Sheet Metal Contract. Ass'n of Northern New Jersey v. Sheet Metal Workers'intern. Ass'n

The Sheet Metal Contractors Association (SMCA) sought to enjoin the reaffiliation of Local 22 and the Sheet Metal Workers’ International Association (SMWIA), alleging racial discrimination and fraudulent inducement, citing violations of federal and New Jersey law. This action is linked to prior court orders in the EEOC litigation (E.E.O.C. v. Local 638) that found unions, including Local 25 (a non-party to this case but involved in EEOC), engaged in discrimination and mandated remedial actions. SMCA contends the proposed reaffiliation would economically disadvantage Local 25 due to differing minority compositions and wage structures, thereby undermining compliance with existing anti-discrimination orders. Despite a special master's prior order barring reaffiliation, the defendants proceeded. The court ordered consolidation of this case with the EEOC litigation, finding common questions of law and fact, and declared the reaffiliation agreement invalid until a ruling on SMCA's preliminary injunctive relief motion.

Racial DiscriminationUnion ReaffiliationInjunctive ReliefConsolidation of ActionsCollective Bargaining AgreementSpecial Master FindingsAll Writs ActFederal Rules of Civil ProcedureCourt Orders ComplianceEconomic Disadvantage
References
15
Case No. MISSING
Regular Panel Decision

Pasqualini v. Sheet Metal Workers' National Pension Fund

This case involves principals of Zodiac Industries, Inc. (Carl, Ann, Frank Pasqualini, and Sarah Lido) who sued the Sheet Metal Workers’ National Pension Fund, the International, and Local 38 over pension service credits. The plaintiffs sought fifteen years of past service credit, which they claimed was promised to them to induce Zodiac to sign a collective bargaining agreement (CBA). The Fund denied these credits, citing plan rules. The Court, however, found that 'extraordinary circumstances' warranted applying the principle of estoppel against the Fund. The court ruled in favor of the four owner-members, declaring them entitled to fifteen years of past service credit and ordering the Fund to reconsider their pension applications. Claims brought by other employees and against the Sheet Metal Workers’ International Association and Local 38 were dismissed.

ERISAPension BenefitsPast Service CreditEstoppelCollective Bargaining AgreementUnion OrganizingContract EnforcementEmployee Benefit PlanFiduciary DutyDistrict Court
References
12
Case No. 2022 NY Slip Op 05677
Regular Panel Decision
Oct 12, 2022

Board of Trustees v. Allure Metal Works, Inc.

The plaintiff, Board of Trustees, Sheet Metal Workers' National Pension Fund, sought to enforce a money judgment against the defendant, Allure Metal Works, Inc. The plaintiff had previously obtained a consent judgment against a nonparty, All Around Spiral, Inc., for pension fund withdrawal liability under ERISA. The current action alleges that Allure is an alter ego or successor to All Around Spiral. The Supreme Court denied Allure's motion to dismiss the first and second causes of action. The Appellate Division affirmed the lower court's decision, finding that the complaint sufficiently alleged alter ego and successor liability, citing common officers, shared business premises, equipment, employees, and similar operations, as well as potential de facto merger or fraudulent intent to avoid obligations.

Multiemployer Pension FundERISAAlter Ego LiabilitySuccessor LiabilityMoney Judgment EnforcementCorporate Veil PiercingMotion to DismissAppellate ReviewDe Facto MergerWithdrawal Liability
References
22
Case No. ADJ6477366
Regular
Aug 06, 2010

FRANKIE SCOTT vs. CUSTOM ALLOY SCRAP METAL, ZENITH INSURANCE COMPANY

This order denies Frankie Scott's petition for reconsideration in the case against Custom Alloy Scrap Metal and Zenith Insurance Company. The Workers' Compensation Appeals Board (WCAB) adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ) in their decision. The WCAB also granted significant weight to the WCJ's credibility determination, citing *Garza v. Workmen's Comp. Appeals Bd.*

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONPetition for Reconsiderationadministrative law judgecredibility findingGarza v. Workmen's Comp. Appeals Bd.ADJ6477366CUSTOM ALLOY SCRAP METALZENITH INSURANCE COMPANYALFONSO J. MORESI
References
1
Case No. 2021 NY Slip Op 06975
Regular Panel Decision
Dec 14, 2021

WDF Inc. v. Vamco Sheet Metals, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted plaintiff WDF Inc.'s motion for partial summary judgment on its breach of contract claim against Vamco Sheet Metals, Inc. WDF Inc. successfully demonstrated that Vamco Sheet Metals, Inc. breached their subcontract by failing to provide sufficient workers for the project. The court found Vamco Sheet Metals, Inc.'s arguments unavailing. Fidelity and Deposit Company Maryland was involved as a third-party defendant in the proceedings.

Breach of ContractSummary JudgmentSubcontract DisputeAppellate ReviewFailure to PerformJudicial AffirmationContract LawThird-Party ActionConstruction LawNew York Law
References
4
Case No. 2018 NY Slip Op 06847 [165 AD3d 1377]
Regular Panel Decision
Oct 11, 2018

Matter of Duncan v. Crucible Metals

Linda Duncan, widow of William Duncan, applied for workers' compensation death benefits after her husband's death from lung cancer, allegedly due to occupational asbestos exposure while employed by Crucible Metals. New Hampshire Insurance Company, a carrier, failed to appear at hearings and was deemed liable, incurring a penalty. New Hampshire Insurance challenged its liability and the penalty, claiming it covered Crucible Industries, Inc., not Crucible Metals, and its non-appearance was inadvertent. The Workers' Compensation Board denied their application for review as untimely. New Hampshire Insurance's subsequent application for reconsideration and/or full Board review was also denied, leading to this appeal. The Appellate Division affirmed the Board's denial, limiting its inquiry to whether the Board's decision was arbitrary and capricious or an abuse of discretion, finding no such issues.

Workers' CompensationDeath BenefitsOccupational ExposureAsbestosLung CancerTimeliness of AppealReconsiderationBoard ReviewAbuse of DiscretionArbitrary and Capricious
References
6
Case No. 2014 NY Slip Op 05313 [119 AD3d 758]
Regular Panel Decision
Jul 16, 2014

Perla v. Daytree Custom Builders, Inc.

Milton Perla and his wife initiated an action for personal injuries against Daytree Custom Builders, Inc. after Mr. Perla fell from a roof during employment and received Workers' Compensation benefits. The plaintiffs moved for summary judgment on a Labor Law § 240 (1) violation and sought discovery sanctions or to strike the defendant's Workers' Compensation exclusivity defense. The Supreme Court denied their motion, finding a triable issue of fact regarding whether the defendant was an alter ego of Mr. Perla's employer, which could limit remedies to Workers' Compensation. Additionally, the court found the plaintiffs failed to demonstrate willful discovery non-compliance and lacked a good faith affirmation for the discovery dispute. The Appellate Division, Second Department, affirmed the Supreme Court's order in its entirety.

Personal InjuryLabor LawWorkers' CompensationSummary JudgmentDiscovery SanctionsAlter Ego DoctrineAppellate ProcedureRooftop FallEmployer LiabilityConstruction Accident
References
17
Case No. MISSING
Regular Panel Decision

Tillman v. Triou's Custom Homes, Inc.

Charles Tillman, a truck driver for Phelps Cement Products, Inc., sustained a fractured leg after falling from his flatbed truck while unloading cement blocks at a construction site. He sued Triou’s Custom Homes, Inc. (general contractor) and Zurich Masonry, Inc. (subcontractor) alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially granted Tillman partial summary judgment on Labor Law § 240 (1) liability, but this court reversed that decision, concluding that a flatbed truck is not an elevated work surface for the purposes of Labor Law § 240 (1). The court also reinstated the Labor Law § 241 (6) claim against Triou, finding specific Industrial Code violations applicable, but upheld the dismissal of the § 241 (6) claim against Zurich as they were not Triou's agent.

Construction accidentFall from heightFlatbed truckLabor Law 240(1)Labor Law 241(6)Industrial CodeGeneral contractor liabilitySubcontractor liabilityVicarious liabilityCommon-law indemnification
References
15
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