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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
Apr 13, 1992

Lowe v. State

Claimant Ronald Lowe, an inmate, sustained severe injuries at a correctional facility's sawmill due to the State's failure to provide adequate safety measures. He and his wife filed claims, with the Court of Claims finding the State 100% at fault and awarding damages. On appeal, the State argued claimant's negligence and claimants sought increased compensation. The appellate court affirmed the judgments, determining the claimant was not contributorily negligent given the hazardous work conditions and the inadequacy of tools provided. The court also found the damages awarded were appropriate, citing the claimant's prior work history and lack of substantial impact on his earning capacity due to the injury.

Inmate injuryCorrectional facility accidentSawmill accidentWorkplace safetyNegligence of StateDamages assessmentLost earningsComparative negligenceOSHA violationsAppellate review
References
10
Case No. MISSING
Regular Panel Decision

Pollack v. Safeway Steel Products, Inc.

Plaintiff Emil Pollack, a mason tender, fell from scaffolding while working on a Lowe's store construction site in Orangeburg, New York, on September 25, 2002, sustaining injuries. He sued Safway Steel Products, Inc., March Associates (general contractor), Orangeburg Holding, LLC (land owner), and Lowe's Home Centers, Inc. (developer), alleging violations of New York Labor Law §§ 240(1), 241(6), and 200, along with common law negligence and strict products liability. Both plaintiff and defendants filed motions for summary judgment. The court denied the plaintiff's motion for summary judgment under Labor Law §§ 240(1) and 241(6) against March, Lowe's, and Orangeburg due to factual disputes. The court also denied March, Lowe's, and Orangeburg's cross-motion for summary judgment. Safway's motion for summary judgment was granted for the Labor Law § 200 claim but denied for §§ 240(1) and 241(6) claims. March's request for contractual and common law indemnification from CMC Concrete Masonry (a subcontractor and third-party defendant) was denied for summary judgment purposes due to unresolved issues of fault.

Summary judgmentLabor LawScaffolding accidentConstruction site injuryProximate causeContributory negligenceNon-delegable dutyGeneral contractor liabilityOwner liabilityThird-party action
References
32
Case No. MISSING
Regular Panel Decision

Lowe v. Salomon Smith Barney, Inc.

Plaintiff John P. Lowe, appearing pro se, filed a complaint alleging federal and New York state law claims for securities fraud against Salomon Smith Barney, Inc. (SSB) and B. Alex Henderson. Lowe claimed that Henderson's recommendations and an SSB broker's advice fraudulently induced him to hold Nortel Networks Corp. stock, resulting in a loss of over $1 million. The defendants moved to dismiss the complaint. The court granted the motion, dismissing the federal claims under Sections 9(e), 10(b), 15(c), and 20(a) of the Securities Exchange Act, as the plaintiff failed to allege a purchase or sale of securities in connection with the alleged misrepresentations, a requirement known as the purchaser-seller rule. The court also declined to exercise supplemental jurisdiction over the remaining state law claims for fraud and breach of fiduciary duty, leading to the dismissal of the entire complaint.

Securities FraudMotion to DismissRule 12(b)(6)Securities Exchange Act of 1934Rule 10b-5Purchaser-Seller RuleHolding SecuritiesFederal JurisdictionState Law ClaimsBreach of Fiduciary Duty
References
28
Case No. ADJ8138407
Regular
Nov 19, 2014

SCOTT LOWE vs. ADT, SEDGWICK CMS

The applicant is Scott Lowe, and the defendants are ADT and Sedgwick CMS. The defendants sought Social Security earnings records from 2005 to the present, claiming it was proper discovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal of the judge's order denying this discovery. The WCAB found that the requested earnings information, starting seven years prior to the injury, was not relevant and removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm.

Petition for RemovalSocial Security earnings recordsdiscoverydue processtemporary total disabilitysubstantial prejudiceirreparable harmreconsiderationadministrative law judgeWorkers' Compensation Appeals Board
References
2
Case No. MISSING
Regular Panel Decision

Claim of Mandziara v. Lowe's Home Centers

In 1995, the claimant suffered a back injury in Pennsylvania, leading to a workers' compensation claim. After multiple surgeries, symptoms were resolved by June 2001. In May 2003, while working for Lowe's Home Centers in Broome County, the claimant re-injured their back, initiating a new claim. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board ruled that apportionment did not apply to the workers' compensation award. The appellate court affirmed this decision, holding that apportionment is a factual issue and the Board's determination was supported by substantial evidence. The court highlighted the claimant's asymptomatic period of over 14 months prior to the 2003 injury.

Workers' CompensationApportionmentBack InjuryPrior InjurySubstantial EvidenceAsymptomatic PeriodMedical OpinionCausal RelationshipAppeal
References
6
Case No. MISSING
Regular Panel Decision
Nov 16, 2006

Guerrero v. Lowe's Home Centers, Inc.

Plaintiff Mary Guerrero sued Lowe's Home Centers, Inc. for employment discrimination under Title VII and the NYHRL, alleging hostile work environment sexual harassment and retaliation by her supervisor, Daren Arrington. Arrington made offensive remarks, including a comment about her weight and calling her names. Although defendant reprimanded Arrington for one incident, plaintiff ultimately resigned after being transferred to a new department with an unfavorable schedule. The court granted defendant's motion for summary judgment, finding Arrington's conduct not severe or pervasive enough to establish a hostile work environment and that plaintiff failed to prove retaliation, as she was agreeable to the transfer at the time and defendant provided legitimate, non-discriminatory reasons for the reassignment.

Employment discriminationTitle VIINew York Human Rights LawHostile work environmentRetaliationSummary judgmentSupervisor harassmentWorkplace conductResignationFederal court
References
31
Case No. MISSING
Regular Panel Decision
Jul 16, 2015

Vera v. Low Income Marketing Corp.

The court modified an order regarding a Labor Law § 240 (1) claim, partially granting the plaintiff's motion against defendant Low Income Marketing Corp. (LIMC) and denying LIMC's motion to dismiss. It affirmed the lower court's decision that a Workers' Compensation Board finding of no employment relationship was not preclusive due to different statutory definitions of 'employment.' The court found that plaintiff Claudio Vera was 'employed' under the Labor Law, entitling him to partial summary judgment against LIMC, the owner. Additionally, the court granted summary judgment to defendant Skyline Scaffolding Group, Inc., dismissing common-law negligence and cross claims against it, as there was no evidence it created the scaffold defect. The final decision modified the order to grant Skyline's motion and otherwise affirmed it.

Labor LawScaffold AccidentSummary JudgmentCollateral EstoppelWorkers' CompensationEmployment DefinitionIndependent ContractorOwner LiabilityGeneral ContractorNegligence
References
10
Case No. MISSING
Regular Panel Decision

Claim of Searchfield v. Lowe's Home Centers, Inc.

This workers' compensation case addresses an employer's appeal concerning a claim for a causally-related right hip condition. The employer contended the claim was untimely, but the Workers' Compensation Board found it timely, noting that early medical reports indicated hip issues and the condition was initially misdiagnosed as a low back injury. The Board amended the original claim to reflect the accurate hip diagnosis, determining the claim was filed appropriately after the condition was properly identified in late 2007. The employer also disputed the causal link between the hip condition and the October 2005 accident. The Board sided with the claimant's physicians regarding causation, acknowledging that an independent medical expert, while disagreeing, conceded the possibility of misdiagnosis in such cases. Consequently, the Board's decision and amended decision were affirmed.

Workers' CompensationHip InjuryMisdiagnosisCausal RelationshipTimelinessMedical EvidenceBoard DecisionAppellate ReviewLabor LawClaim Amendment
References
4
Case No. MISSING
Regular Panel Decision
May 31, 1988

Claim of Walker v. Fred H. Low & Son, Inc.

Claimant suffered low back injuries in 1974 and 1976, leading to workers' compensation claims. Awards for medical expenses and reduced earnings were made for the 1976 injury. The case for the 1974 injury was initially closed but later reopened by the Workers’ Compensation Board upon the carrier's application for apportionment. A WCLJ found permanent partial disability from the 1976 injury and closed the 1974 case again. On appeal by the employer and carrier, the Board affirmed a continued, causally related permanent partial disability for the 1976 accident and reversed the closing of the 1974 injury case, restoring both to the Trial Calendar. The appellate court affirmed the Board's amended decision, citing substantial medical evidence and rejecting the claim of voluntary withdrawal from the labor market.

Workers' CompensationPermanent Partial DisabilityApportionmentReopened CasesCausally Related DisabilityMedical TestimonyVoluntary WithdrawalLabor MarketAppellate ReviewBack Injury
References
4
Case No. ADJ1290390 (SAC 0325027)
Regular
Feb 04, 2011

ELLEN LAMBERT vs. LOWES HOME IMPROVEMENT, KEMPER INSURANCE, SEDGWICK

In *Lambert v. Lowe's Home Improvement*, the Workers' Compensation Appeals Board granted reconsideration to defer the calculation of applicant's life pension and attorney's fees related to it pending the California Supreme Court's decision in *Duncan*. The Board affirmed the finding of 86% permanent disability with no apportionment, upholding the WCJ's reliance on the Agreed Medical Evaluator's opinion. However, the Board remanded the penalty calculation for further determination at the trial level due to unclear basis. The applicant's attorney's fee from the permanent disability award was affirmed at 15%.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityPenaltyAttorney FeeLife PensionAgreed Medical EvaluatorNew and Further Disability
References
2
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