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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
Oct 03, 1990

Woods v. Dador

The plaintiffs, Burton Woods, an employee of Associated Universities, Inc. (AUI) at Brookhaven National Laboratories, and his co-plaintiffs, appealed an order from the Supreme Court, Suffolk County. The initial order granted summary judgment to defendants AUI and Dr. Emanuel Dador, an AUI employee, dismissing a medical malpractice complaint. Woods had been treated by Dr. Dador at the Lab's occupational health clinic after falling ill on the job, allegedly suffering a heart attack due to Dr. Dador's delayed diagnosis. The Supreme Court dismissed the complaint, citing Workers’ Compensation Law § 29 (6) as the exclusive remedy. The appellate court affirmed this decision, holding that when an employer provides medical services exclusively to its employees, treatment received as a consequence of employment falls within the scope of the Workers' Compensation Law, barring a separate medical malpractice action.

medical malpracticeworkers' compensation lawexclusive remedyemployer liabilityoccupational healthsummary judgmentappellate reviewemployee clinicSuffolk Countydiagnosis error
References
4
Case No. MISSING
Regular Panel Decision
May 05, 2022

Wood v. Baker Bros. Excavating

Clifford Wood, a concrete laborer, sustained injuries after falling approximately three feet from a bridge footing at a work site. He initiated a lawsuit against Baker Brothers Excavating (KER), the general contractor, and Brinnier and Larios, P.C., an engineering firm, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). Wood moved for partial summary judgment on his Labor Law § 240 (1) claim. However, the Supreme Court denied his motion, determining that while Wood met his initial burden, KER had raised triable issues of fact concerning the availability and usage of safety equipment and Wood's specific task at the time of the accident. The Appellate Division, Third Department, affirmed the Supreme Court's decision, concluding that factual disputes prevented summary judgment on the Labor Law § 240 (1) claim against KER.

Construction accidentFall from heightLabor LawSummary judgmentTriable issues of factWorksite safetyAppellate DivisionGeneral contractorEngineering firmPlaintiff's motion
References
4
Case No. MISSING
Regular Panel Decision

Telephone Employees Organization, Local 1100, Communications Workers of America v. Woods

This case concerns a plaintiff union, Telephone Employees Organization, Local 1100, Communications Workers of America, attempting to convert a disciplinary financial sanction of $4,939.20 into a judgment against defendant John Woods. The sanction was imposed for Woods crossing a picket line during a strike, violating the union's constitution. Woods defended by claiming he was not a member of the union at the time. The court first determined it had jurisdiction over the nonmembership defense, rejecting the union's preemption argument. Subsequently, the court found that the plaintiff union failed to demonstrate Woods was formally admitted to membership in Local 1100 as required by its constitution and bylaws, lacking proof of an application or initiation fee payment. Consequently, as a nonmember, Woods was not bound by the union's rules prohibiting picket line crossing, rendering the fine unenforceable. The court dismissed the union's complaint and the defendant's counterclaim.

Union Disciplinary ActionPicket Line ViolationUnion Membership DisputeNLRA PreemptionState Court JurisdictionUnion ConstitutionContract EnforcementLabor LawUnion FinesResignation from Union
References
13
Case No. MISSING
Regular Panel Decision

Woods v. State University of New York

Norman Woods, an employee of SUNY and a member of a bargaining unit, was placed on probation in 2013 following an arbitration and subsequently terminated in 2014 due to a negative performance evaluation. Woods and his union sought to compel arbitration for the 2014 termination or to annul the termination. The Supreme Court initially erred by converting the proceeding to an application to confirm the 2013 arbitration award and remitting the matter for clarification, as the arbitrator's authority was limited to the issues presented at that time. The court also found that petitioners failed to provide sufficient proof of bad faith or improper motivation for Woods' termination, which was justified by poor work performance. The judgment is reversed, and the petition dismissed.

Arbitration DisputePublic Employee TerminationProbationary EmploymentBad Faith TerminationPerformance EvaluationCollective BargainingJudicial ReviewCPLR Article 78Appellate Court DecisionRemittal
References
9
Case No. 2019 NY Slip Op 00635
Regular Panel Decision
Jan 30, 2019

Vicuna v. Vista Woods, LLC

Cristian Vicuna, the plaintiff, sustained personal injuries after falling from a ladder while engaged in roofing work for Vista Woods, LLC. He initiated a lawsuit against Vista Woods, LLC, Ruby Construction Services, LLC, and Builders Choice of New York, Inc., asserting violations of Labor Law §§ 200, 240 (1), and 241 (6), alongside common-law negligence claims. The Supreme Court, Orange County, ruled in favor of the plaintiff, granting his motion for summary judgment on the liability issue under Labor Law § 240 (1). The Appellate Division, Second Department, upheld this decision, concluding that the plaintiff presented sufficient prima facie evidence through his deposition testimony that the ladder shifted unexpectedly, and the defendants failed to present a valid factual dispute.

Personal InjuryLadder FallLabor LawSummary JudgmentAppellate ReviewConstruction AccidentNondelegable DutyProximate CauseSafety DevicesRoofing Work
References
13
Case No. ADJ8225421
Regular
Jul 22, 2016

DENNIS HOSINO vs. YANTERRA PARKS AND RESORTS (FURNACE CREEK INN), SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board granted reconsideration and determined the WCJ erred in relying on Dr. Wood's apportionment opinion, finding it lacked substantial medical evidence and conflated impairment with permanent disability. While disallowing reimbursement for Dr. Mas's reports was upheld, the issues of permanent disability and apportionment were returned to the WCJ for further proceedings and a new decision. Dr. Wood must provide a new apportionment opinion that clearly distinguishes between permanent disability caused by the current injury and prior factors, supported by qualified medical analysis.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentAgreed Medical EvaluatorMedical-Legal CostsSubstantial EvidenceMedical OpinionLabor Code Section 4663AMA GuidesWhole Person Impairment
References
14
Case No. MISSING
Regular Panel Decision

Smith v. M.V. Woods Construction Co.

In this dissenting opinion, Judges Scudder and Kehoe argue that the Supreme Court erred in denying the defendant M.V. Woods Construction Co., Inc.'s cross motion to set aside a jury verdict. The plaintiff, Charles C. Smith, was injured while lifting cement blocks onto an eight-foot-high scaffolding, and the jury found a violation of Labor Law § 241 (6) and 12 NYCRR 23-1.7 (f). The dissenting judges contend that the Industrial Code provision, concerning safe vertical passage, is inapplicable because the plaintiff's injury was not related to accessing working levels but to manual material handling. They conclude that any alleged violation was not the proximate cause of the plaintiff's back injury, and the complaint against the defendant should have been dismissed.

Construction AccidentLabor Law 241(6)Industrial Code 12 NYCRR 23-1.7(f)Scaffolding SafetyProximate CauseJury VerdictDissenting OpinionMaterial HandlingSafe Means of AccessAppellate Review
References
10
Case No. MISSING
Regular Panel Decision
Sep 29, 1999

Faele v. New York City Health & Hospitals Corp.

Plaintiff Rosemary Faele, a nurse at Coney Island Hospital, sustained an eye irritation and received brief examinations from defendants Dr. Barry Eppinger and Dr. An-nan Das in the hospital's emergency room. Her condition worsened, and she was later diagnosed with a severe eye infection by a private ophthalmologist. Though compensated via Workers' Compensation, Faele and her husband initiated a medical malpractice action against the doctors and the New York City Health and Hospitals Corporation. The Supreme Court dismissed the complaint by granting summary judgment to the defendants. The appellate court affirmed this decision, ruling that a sufficient nexus existed between Faele's employment and the alleged malpractice, thereby precluding a common-law malpractice claim and limiting her recourse to Workers' Compensation.

Medical MalpracticeWorkers' Compensation PreclusionSummary Judgment AffirmationEmployment-Related InjuryHospital LiabilityEmergency Medical TreatmentAppellate Division DecisionPersonal InjuryDoctor-Patient NexusConey Island Hospital
References
4
Case No. MISSING
Regular Panel Decision
May 26, 1978

Claim of Carr v. Woods

Claimant Cecil M. Carr sustained a back injury after falling from a ladder while painting a home owned by Ann M. Woods. Woods initially classified Carr as an 'Independent Laborer,' but he filed a compensation claim, leading to a dispute over his employment status. Evidence showed Carr worked for Woods as a handyman for two decades across multiple properties, furnishing his own tools and being paid hourly, though no taxes were withheld. Despite these factors, the Workers’ Compensation Board affirmed a referee's decision, finding an employer-employee relationship existed due to Woods's significant control and direction over Carr's work, including the right to assign tasks and terminate employment. The board's determination was supported by substantial evidence.

Workers' CompensationEmployer-Employee RelationshipIndependent ContractorScope of EmploymentControl TestSubstantial EvidenceAppellate ReviewLabor LawBack InjuryEmployment Status
References
2
Case No. 01-CV-0229(ADS)(ARL)
Regular Panel Decision
Mar 31, 2004

Wood v. INCORPORATED VILLAGE OF PATCHOGUE OF NY

The plaintiff, Donald R. Wood, Jr., filed a class action lawsuit against the Incorporated Village of Patchogue and various officials, alleging a scheme to illegally enforce traffic laws and collect fines through an unauthorized 'constabulary.' The complaint included claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and 42 U.S.C. § 1983, along with a state law claim for money had and received. Defendants moved to dismiss the amended complaint. The court granted dismissal for claims against the Village, officials in their official capacities, and several individual defendants (Justices Yannacone and O'Connell, and several Village Clerks). However, the court denied dismissal for RICO and money had and received claims against Mayors Stephen Keegan and Edward Ihne, and Chief Constables Jeffrey Kracht and Louis Tomeo, in their individual capacities, and granted the plaintiff leave to file a second amended complaint.

RICOCivil RightsSection 1983Judicial ImmunityMunicipal LiabilityMail FraudWire FraudRacketeeringConstabularyTraffic Violations
References
103
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