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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

Claim of Holcomb v. Daily News

This case involves an appeal by the Daily News regarding a Workmen's Compensation Board award of death benefits to the widow of John Holcomb. Holcomb, an employee of the Daily News, sustained fatal injuries after falling from a company delivery truck while being transported to work by a fellow employee. The appellants argued that the accident did not arise out of and in the course of employment, as the employer was not contractually obligated to provide transportation. However, the Board found, and the Appellate Division affirmed, that a common and regular practice of employees transporting each other to work, knowingly acquiesced to by the employer for its own benefit, constituted an implicit assumption of responsibility for transportation-related risks. The court held that a frequent and regular practice of providing transportation, even if not contractually obligated, can render such transportation incidental to employment, making resulting injuries compensable.

Fatal AccidentTransportation to WorkEmployer AcquiescenceCommon PracticeCourse of EmploymentDeath BenefitsWorkers' CompensationImplied ContractGratuitous TransportationRisk Responsibility
References
11
Case No. MISSING
Regular Panel Decision

Brennan v. Bally Total Fitness

Kathryn Brennan filed a civil rights action against her former employer, Bally Total Fitness Corp., alleging sexual harassment under Title VII and disability discrimination under the ADA. Bally moved to dismiss the complaint as untimely and to compel arbitration based on its Employee Dispute Resolution Procedure (EDRP). The court denied Bally's motion to dismiss the Title VII claim, applying the 'continuing-violation exception' due to Brennan's allegations of ongoing harassment. The court also denied Bally's motion to compel arbitration, finding Bally's unilateral modifications to the EDRP invalid and raising questions of unconscionability regarding the original EDRP. The case is remanded for jurisdictional discovery and a possible hearing to determine the validity of the arbitration agreement.

Civil RightsSexual HarassmentDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)Arbitration AgreementFederal Arbitration Act (FAA)Motion to DismissMotion to Compel ArbitrationContinuing Violation Exception
References
27
Case No. 2014-1712 K C
Regular Panel Decision
Dec 08, 2017

Daily Med. Equip. Distrib. Ctr., Inc. v. Global Liberty Ins.

Daily Medical Equipment Distribution Center, Inc., as assignee of Juan Mendoza, appealed an order from the Civil Court concerning no-fault benefits. The Civil Court had held Global Liberty Insurance's motion for summary judgment in abeyance. This abeyance was pending a Workers' Compensation Board determination on Mendoza's eligibility for workers' compensation benefits. The Appellate Term dismissed the appeal, ruling that an order holding a motion in abeyance is not appealable as of right under CPLR 5701 (a) (2). Consequently, the court declined to grant leave to appeal, thus upholding the procedural decision to await the Workers' Compensation Board's findings.

No-Fault BenefitsWorkers' Compensation BoardAppeal DismissedSummary Judgment MotionAbeyanceAppellate ProcedureJurisdictionCivil Procedure Law and RulesFirst-Party BenefitsInsurance Law
References
3
Case No. ADJ2800461 (VNO 0521396)
Regular
Dec 23, 2008

WON JAE LEE vs. HYOUNG KOOK LEE dba GLENDALE NEWS SERVICES, KOREAN CENTRAL DAILY NEWS, REDWOOD FIRE AND CASUALTY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a dispute over whether the applicant was an employee of Korean Central Daily News (Daily) or an independent contractor of Hyoung Kook Lee (HKL) when injured while delivering newspapers. The Workers' Compensation Appeals Board affirmed the WCJ's finding that the applicant was an employee of Daily. The Board found that Daily exercised sufficient control over the applicant's work, including providing the newspapers, customers, and delivery instructions, despite HKL's role as a purported manager.

Workers' Compensation Appeals BoardIndustrial InjuryNewspaper CarrierEmployee StatusIndependent Business OwnerAgencyControl of WorkEmployer LiabilityUninsured Employers Benefit Trust FundReconsideration Denied
References
0
Case No. MISSING
Regular Panel Decision

Claim of Harrington v. L.C. Whitford Co.

The claimant, a construction worker, experienced a severe exacerbation of pre-existing asthma after exposure to burning lead paint fumes in June 1996. A certified pulmonologist, Richard Evans, determined the exposure caused a permanent and total disability. A Workers' Compensation Law Judge (WCLJ) found an accidental injury causing permanent and total disability, which the Workers' Compensation Board affirmed in August 2001. The employer and carrier appealed, arguing the condition was pre-existing and only temporarily aggravated. The appellate court affirmed the Board's decision, finding substantial evidence to support that the work-site exposure significantly exacerbated the claimant's stabilized asthma, leading to a permanent and total disability.

Workers' CompensationPermanent Total DisabilityAsthma ExacerbationOccupational ExposureLead Paint FumesPre-existing ConditionMedical Expert TestimonySubstantial EvidenceAppellate ReviewIndustrial Accident
References
14
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
Case No. MISSING
Regular Panel Decision

Claim of Kowalchyk v. Wade Lupe Construction Co.

The claimant, a carpenter over 60 with an 11th-grade education, fractured his back and wrist in August 1985 while on a construction jobsite. Initially, his physician, Dr. James Slavin, considered him totally disabled, and he received total disability benefits from his employer's carrier. However, in December 1985, the employer reduced benefits to a partial disability rate, relying on a report from their consultant, Dr. Edward Pasquarella. The claimant subsequently filed for compensation, leading to a determination by the Workers’ Compensation Law Judge and ultimately the Workers’ Compensation Board that he had a total industrial disability. The employer appealed this decision, arguing it lacked substantial evidence. The court affirmed the Board's decision, considering the claimant’s physical limitations, age, work experience, and limited education, concluding he had no marketable skills outside carpentry.

Workers' CompensationTotal Industrial DisabilityPartial DisabilityMedical Testimony ConflictEarning Capacity AssessmentAppellate ReviewVocational RehabilitationAge & Education FactorsCarpenter InjuryScaffold Accident
References
3
Case No. MISSING
Regular Panel Decision

Matter of Williams v. Preferred Meal Systems

Claimant, a driver, suffered injuries to his right knee and back in 2009 while making a delivery, leading to an established workers' compensation claim. The claim was later amended to include consequential adjustment disorder, and the Workers' Compensation Board ultimately found that claimant had sustained a permanent total disability from May 2012 onward. The employer, workers’ compensation carrier, and policy administrator appealed this decision, arguing that further proof was needed regarding claimant's vocational and functional capacity. The court affirmed the Board's decision, holding that extensive evidence of vocational and functional capacity is not required when medical proof demonstrates a permanent total disability and inability to engage in any gainful employment, as benefits continue for life in such cases. The court found substantial evidence in the opinions of treating and independent medical examination orthopedists to support the finding of permanent total disability.

Workers' CompensationPermanent Total DisabilityWage-Earning CapacityMedical ProofVocational CapacityFunctional CapacityAppellate ReviewNew York LawDisability BenefitsClaimant Rights
References
4
Case No. 2008 NY Slip Op 31529(U)
Regular Panel Decision

Greaves v. Obayashi Corp.

The Supreme Court erred in granting summary judgment to defendant Total Safety, which dismissed the plaintiff's Labor Law § 240 (1) claim. The plaintiff was injured when a concrete wall collapsed, causing his unsecured scaffold to tip and him to fall. The court determined there was a triable issue of fact regarding Total Safety's authority to supervise and control the plaintiff's use of the scaffold, as their site safety manager was present daily, inspected the scaffold, and was required to ensure its proper equipping. Consequently, the summary judgment motion was denied, and the claims against Total Safety were reinstated.

Scaffold accidentLabor Lawsummary judgmentsupervision and controlsite safetypremises liabilityconstruction accidentpersonal injuryreinstatement of claims
References
2
Case No. ADJ8835660
Regular
Jan 19, 2018

JOE CASILLAS vs. GRAYD A PRECISION METAL FABRICATORS; STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by the defendant regarding a permanent total disability award for Joe Casillas. The defendant argued against the total disability finding, questioned injury to the left upper extremity, and contested the basis for vocational rehabilitation findings. The Board granted reconsideration to amend the findings, rescinding the finding of injury to the left upper extremity due to the applicant unilaterally withdrawing that issue. However, the Board affirmed the permanent total disability finding based on substantial medical and vocational evidence, including the applicant's significant limitations in daily living and unsuitability for vocational rehabilitation, despite the absence of left upper extremity injury.

Permanent total disabilityvocational rehabilitationindustrial injurybilateral upper extremitiescervical spinepsychefabricatorState Compensation Insurance Fundpetition for reconsiderationadministrative law judge
References
3
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