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

Case No. 2015 NY Slip Op 09604
Regular Panel Decision
Dec 29, 2015

Maggio v. 24 West 57 PFF, LLC

Plaintiff Joseph Maggio, a drywall installer, was injured after falling from a scaffold staircase at a premises owned by 24 West 57 APF, LLC and leased by Ana Tzarev New York, LLC (ATNY). The scaffold, constructed by Atlantic Hoist & Scaffolding, LLC, had a modified staircase with plywood covering some steps, lacking anti-slip protection and having an irregular rise. Plaintiff attributed his fall to these conditions and the presence of construction debris. The Supreme Court initially denied summary judgment motions from defendants 24 West and ATNY, citing outstanding discovery, and later denied renewed motions. On appeal, the Appellate Division found 24 West and ATNY justified in bringing the second motion but denied their request for summary judgment on negligence and Labor Law § 200 claims due to factual questions regarding notice of the dangerous condition. The court also denied plaintiff's untimely cross-motion for partial summary judgment on his Labor Law § 240 (1) claim. The Appellate Division modified the lower court's order, granting ATNY conditional contractual indemnification against R&R, and otherwise affirmed the decision.

Summary JudgmentLabor Law § 200Labor Law § 240 (1)Common-Law NegligenceContractual IndemnificationCommon-Law IndemnificationScaffold AccidentConstruction Site InjuryPremises LiabilityAppellate Procedure
References
12
Case No. B371-2013, B372-2013
Regular Panel Decision

People v. English

The defendant was arrested for attempted kidnapping and compelling a 14-year-old to engage in prostitution. Incident to the arrest, an iPhone was seized and searched under warrant B371-2013, and an apartment was searched under warrant B372-2013. The defendant moved to controvert both search warrants. The court denied the motion regarding B371-2013, finding the search of the cell phone's contents did not exceed the warrant's scope given the flexibility afforded in digital searches and the plain view doctrine for other incriminating evidence. However, the court granted in part the motion regarding B372-2013, ruling that the warrant for the apartment's electronic devices lacked the necessary specificity under the Fourth Amendment, leading to the suppression of evidence seized from those devices. Evidence seized under the valid portions of B372-2013 (non-electronic items like a holster and ammunition) was deemed admissible.

Search warrantFourth AmendmentCell phone searchElectronic device searchParticularity requirementProbable causeSuppression of evidencePlain view doctrineDigital forensicsAttempted kidnapping
References
13
Case No. 2024 NYSlipOp 01748 [225 AD3d 1100]
Regular Panel Decision
Mar 28, 2024

Matter of Spillers v. Health & Hosp. Corp.

Claimant Mark K. Spillers, a senior rehabilitation counselor, appealed a Workers' Compensation Board decision disallowing his claim for a causally-related psychological injury. Spillers alleged depression, psychosis, and PTSD from a December 2013 verbal assault by a coworker, but he had a prior established claim from 2007 for physical and consequential psychological injuries. The Workers' Compensation Law Judge (WCLJ) disallowed the 2015 claim, finding Spillers' account of the 2013 incident not credible and that the dispute did not amount to a workplace accident. The Workers' Compensation Board affirmed, deferring to the WCLJ's credibility findings. The Appellate Division affirmed the Board's decision, concluding that the December 2013 incident was an ordinary coworker dispute, not an extraordinary workplace accident under the Workers' Compensation Law, and that Spillers was afforded due process.

Workers' CompensationPsychological InjuryWorkplace StressCredibility DeterminationDue ProcessVerbal AssaultCoworker DisputeAppellate ReviewCausationPermanent Partial Disability
References
15
Case No. MISSING
Regular Panel Decision

Almeida v. Aguinaga

Plaintiff Elza Almeida sued defendants Carlos and Christina Aguinaga for overtime and “spread-of-hours” pay under the New York Labor Law, specifically for her work as a live-in domestic service employee from 1990 to December 2005. The Aguinagas moved for partial summary judgment to dismiss these claims. The court analyzed Almeida's claimed working hours, wages, and the applicable meal and lodging allowances under New York regulations. The court concluded that Almeida's claims for overtime pay from May 24, 2000, through December 2004, and for spread-of-hours pay from November 2001, through December 2004, should be dismissed because her total compensation, including allowances, met or exceeded the legally required amounts. However, the court denied the motion to dismiss Almeida’s spread-of-hours claim for the period between May 24, 2000, and June 2001, allowing that specific claim to proceed to trial. Other claims, such as breach of contract and breach of fiduciary duty, were not addressed in this motion.

Domestic Service EmployeeOvertime PaySpread-of-Hours PayNew York Labor LawMinimum WageMeal and Lodging AllowancesSummary Judgment MotionWage ClaimsEmployment LawWage Order
References
10
Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. MISSING
Regular Panel Decision

Claim of Richardson v. Schenectady City School District

Claimant, a health teacher for Schenectady City School District, sustained compensable head and back injuries in February 2006. In December 2008, he submitted a letter announcing his retirement effective June 2009. Subsequently, the employer and its workers’ compensation carrier sought to suspend benefits, arguing the claimant voluntarily withdrew from the labor market. The Workers’ Compensation Board determined that the claimant had voluntarily withdrawn and denied benefits after June 24, 2009. The appellate court affirmed this decision, finding it supported by substantial evidence, including an independent medical examination report stating the claimant was capable of modified duty work and the claimant's own testimony that his retirement was not due to disabilities.

Voluntary Withdrawal from Labor MarketWorkers' Compensation BenefitsModified Duty WorkIndependent Medical ExaminationDisabilityRetirementSchenectady City School DistrictAppellate DivisionSubstantial EvidenceFactual Issue
References
4
Case No. ADJ4118189 (SAC 0353264)
Regular
Apr 17, 2014

JONATHAN WOODARD vs. FLOWMASTER MUFFLER, VALLEY FORGE INSURANCE, FEDERAL INSURANCE COMPANY

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the untimeliness of the petition, which was filed on February 24, 2014. This date was over 25 days after the Workers' Compensation Judge's decision was served on December 5, 2013. The WCAB emphasized that the deadline for filing a petition for reconsideration is jurisdictional. Therefore, the Board lacked the authority to grant the untimely petition.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Filing DeadlineJurisdictional Time LimitAppeals BoardWCJ's DecisionService of OrderDismissalCode Civ. Proc. § 1013
References
5
Case No. 534701
Regular Panel Decision
Mar 28, 2024

In the Matter of the Claim of Mark Spillers

Claimant Mark K. Spillers appealed a decision from the Workers' Compensation Board which ruled that he did not sustain a causally-related psychological injury and disallowed his claim for workers' compensation benefits. Spillers, a senior rehabilitation counselor, alleged depression, psychosis, and PTSD due to a verbal assault by a coworker in December 2013. The Workers' Compensation Law Judge (WCLJ) found prima facie medical evidence based on his treating psychiatrist's reports but disallowed the claim, finding Spillers' account of the incident not credible and that the dispute did not constitute a workplace accident. The Board affirmed, deferring to the WCLJ's credibility determinations. The Appellate Division affirmed the Board's decision, concluding that the December 2013 incident was an ordinary dispute among coworkers to which the employer responded appropriately, and it was not so extraordinary as to constitute a workplace accident under the Workers' Compensation Law.

Workers' CompensationPsychological InjuryVerbal AssaultCoworker DisputeCredibility DeterminationDue ProcessWorkplace AccidentCausationPermanent Partial DisabilityDisability Retirement
References
15
Case No. MISSING
Regular Panel Decision

Matter of Santiago v. The NY Operators

Claimant sustained a work-related injury to her right hand and subsequently her left wrist, receiving workers' compensation benefits from October 2008 to December 2013. Payments were suspended in December 2013 based on the employer's medical expert opinion that claimant reached maximum medical improvement. A Workers’ Compensation Law Judge (WCLJ) found a 17.5% loss of use of her right hand and 7.5% loss of use of her left hand. The Workers’ Compensation Board rescinded the WCLJ’s decision, restoring the case to the trial calendar for further development of the record, noting that claimant had not been provided an opportunity to present evidence regarding schedule loss of use percentages. Claimant appealed the Board’s failure to determine awards held in abeyance and paid at a tentative rate. The Appellate Division dismissed the appeal, holding that the Board’s decision was interlocutory and did not dispose of all substantive issues, allowing the claimant to appeal any issues upon a final Board decision.

Workers' CompensationSchedule Loss of UseMaximum Medical ImprovementInterlocutory AppealAppellate ProcedureMedical Expert OpinionBoard Decision RescindedTrial CalendarFurther Development of RecordTentative Rate
References
4
Case No. MISSING
Regular Panel Decision

Jermosen v. Coughlin

This order addresses an incarcerated plaintiff's claims stemming from the New York State Department of Corrections' handling of two misbehavior reports. The court reviews and adopts in part a Magistrate Judge's Report and Recommendation. It denies the plaintiff's requests for counsel and various discovery motions. Summary judgment is granted for defendant Coughlin on all claims but denied for defendant Selsky regarding absolute immunity. The court also denies the dismissal of the plaintiff's complaint for abusive language, with a strong admonition. However, claims based on alleged threats and harassment, and First Amendment violations at the September 13 hearing, are dismissed or summary judgment granted to defendants. Critically, the court grants the plaintiff leave to amend his complaint to clarify due process claims related to the December 24, 1990 hearing and subsequent confinement, his pre-hearing confinement from December 22-24, 1990, and the eighteen-day post-reversal confinement, recognizing sufficient issues of fact to preclude summary judgment on these matters.

Inmate RightsDue ProcessKeeplock ConfinementDisciplinary HearingSummary JudgmentQualified ImmunityAbsolute ImmunityFirst AmendmentCivil RightsPrisoner Litigation
References
27
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