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

Case No. 2022 NY Slip Op 00083 [201 AD3d 1059]
Regular Panel Decision
Jan 06, 2022

Matter of Fleetwood Drywall Inc. (Commissioner of Labor)

Fleetwood Drywall Inc. appealed a decision from the Unemployment Insurance Appeal Board, which found them liable for additional unemployment insurance contributions for certain drywall installers and finishers. Fleetwood considered these workers independent contractors, but an audit and subsequent hearings determined an employment relationship existed under the Construction Industry Fair Play Act (Labor Law art 25-B). The Administrative Law Judge and the Board found that Fleetwood failed to rebut the statutory presumption of an employment relationship by not meeting all 12 statutory criteria for separate business entities under Labor Law § 861-c (2). The Appellate Division affirmed the Board's decision, specifically finding that Fleetwood failed to demonstrate that the subcontractors owned the capital goods (drywall) as required by the statute.

Unemployment InsuranceIndependent ContractorEmployment RelationshipConstruction Industry Fair Play ActLabor LawStatutory PresumptionCapital GoodsDrywall InstallersSubcontractorsAppellate Review
References
17
Case No. MISSING
Regular Panel Decision

Christa Construction, LLC v. Connelly Drywall, LLC

Christa Construction, LLC sued Connelly Drywall, LLC for breach of contract concerning two construction projects. Christa alleged that Connelly Drywall failed to provide adequate legal and skilled workers, leading to additional costs for Christa. Connelly Drywall's counsel withdrew, and the company subsequently failed to retain new counsel despite court orders, effectively failing to defend itself. Consequently, Christa moved for a default judgment. The court granted the motion for default judgment, awarding Christa damages totaling $393,662.00, plus interest, and attorneys' fees of $25,460.77. Connelly Drywall's counterclaims were dismissed with prejudice.

Default JudgmentBreach of ContractCorporate RepresentationFailure to AppearAttorney WithdrawalDamagesAttorneys' FeesSubcontract AgreementConstruction ProjectContract Dispute
References
11
Case No. ADJ10531850
Regular
Aug 14, 2018

JORGE MACIEL IBARRA vs. TIM CAGLE, individually, doing business as TIM CAGLE DRYWALL, GREGORY AND BROOKE BAIRD, UNINSURED EMPLOYERS BENEFITS TRUST FUND (UEBTF), ALLIED SACRAMENTO

This Workers' Compensation Appeals Board case involves applicant Jorge Maciel Ibarra's claim for an industrial injury as a drywall installer. The primary issue is whether applicant was a household employee, as the Uninsured Employers Benefits Trust Fund (UEBTF) argues for exclusion. The Board rescinded the initial findings and remanded the case for the WCJ to first determine the identity of the employer and insurance status. If Tim Cagle Drywall is uninsured, the WCJ must then decide if the applicant, as an employee of an unlicensed contractor, meets the household employee wage and hour thresholds for coverage.

UEBTFPetition for ReconsiderationHousehold EmployeeLabor Code section 3352(h)Ultimate HirerUninsured ContractorLicensed ContractorSection 2750.5(c)Section 3351(d)Workers' Compensation Appeals Board
References
5
Case No. 2018 NY Slip Op 07468
Regular Panel Decision
Nov 07, 2018

People v. Ultimate Homes, Inc.

Guy Poulin, a drywall installer, was injured after falling through an unguarded stairwell opening at a residential construction site. He and his wife sued the general contractor, Ultimate Homes, Inc., among others, alleging violations of Labor Law §§ 200, 240(1), and 241(6), as well as common-law negligence. The Supreme Court's order, which had denied Ultimate's motion to dismiss Labor Law § 200 and common-law negligence claims and its cross-claim for indemnification, was appealed. The Appellate Division, Second Department, modified the order, affirming the grant of summary judgment to the plaintiffs on Labor Law § 240(1) against Ultimate. The court granted Ultimate's motions to dismiss the Labor Law § 200 and common-law negligence claims against it, finding the accident arose from the method of work and Ultimate lacked supervisory control. Additionally, Ultimate's cross-claim for common-law indemnification against J.G. Fortin Drywall, Inc. was granted, and the lower court's sua sponte dismissal of Ultimate's cross-claims was reversed.

Personal injuryConstruction accidentLabor Law § 240(1)Labor Law § 200Common-law negligenceIndemnificationContributionWorkers' Compensation Law § 11Summary judgmentAppellate Division
References
50
Case No. 2025 NYSlipOp 06805
Regular Panel Decision
Dec 09, 2025

Bordonaro v. E.C. Provini Co., Inc.

Plaintiff Steven Bordonaro, a carpenter for CBI Drywall, was injured unloading a 1000-pound cabinet from a truck with a pallet jack, falling four feet from a liftgate. He filed claims under Labor Law §§ 240(1), 241(6), 200, and common-law negligence. The Appellate Division modified the Supreme Court's orders, dismissing Labor Law § 241(6) and common-law negligence claims against most defendants. However, triable issues remained for E.C. Provini Co. under Labor Law § 200 regarding its failure to provide a forklift. Conditional contractual indemnification was granted to non-owner defendants from CBI Drywall, and contractual indemnification claims against CBI were reinstated for certain other defendants. Common-law indemnification and contribution claims against CBI were dismissed due to workers' compensation and absence of grave injury.

Labor LawSafe Place to WorkPallet JackFour-foot FallIndustrial Code ViolationContractual IndemnificationSummary JudgmentWorkers' Compensation BenefitsGrave InjuryThird-Party Claim
References
9
Case No. ADJ2194325
Regular
Sep 25, 2009

FRANCISCO NUNEZ vs. BRANQUINHO DRYWALL, INC., STATE COMPENSATION INSURANCE FUND

Defendant Branquinho Drywall, Inc. and State Compensation Insurance Fund sought reconsideration of a July 2, 2009 decision. The Workers' Compensation Appeals Board granted the petition due to statutory time constraints and a need for further study of factual and legal issues. This reconsideration is necessary to ensure a complete understanding of the record and allow for a just decision. All future communications must be directed to the Board's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBranquinho DrywallInc.State Compensation Insurance FundADJ2194325SAL 0111007Opinion and OrderStatutory Time ConstraintsFactual Issues
References
0
Case No. MISSING
Regular Panel Decision
Apr 16, 2001

McDaniel v. Fischione Construction Co.

The plaintiff, an employee of Keith Ramsey Drywall Services, Inc., was injured after falling from stacked drywall walk-ups while installing drywall. The Supreme Court granted the plaintiff's cross-motion for partial summary judgment under Labor Law § 240 (1), determining that the walk-ups failed to provide proper protection and rejecting the defendant's recalcitrant worker defense. The court also granted Fischione Construction Co., Inc.'s motion for common-law indemnification against Keith Ramsey Drywall Services, Inc., as Fischione only exercised general supervisory authority over the work site. The appellate court affirmed the order, finding that Supreme Court properly granted both the plaintiff's cross-motion and Fischione's motion for summary judgment.

Labor Law § 240(1) ViolationStacked Walk-ups FailureWorker SafetyPremises LiabilityThird-Party IndemnificationSupervisory AuthorityAppellate ReviewConstruction Site InjurySummary Judgment MotionUnsafe Practices
References
6
Case No. ADJ147675 (SBR 0318645) ADJ4536946 (SBR 0307857)
Regular
Feb 07, 2011

DONALD BOYD vs. DAVID HOPKINS DRYWALL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATES, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., RELIANCE INSURANCE GROUP, WEAT COAST PAINT & DRYWALL; NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, AMERICAN ALL RISK LOSS ADMINISTRATORS, WEST COAST DRYWALL, STATE COMPENSATION INSURANCE FUND, GALLAGHER BASSETT SERVICES

This case involves the California Insurance Guarantee Association (CIGA) seeking contribution for payments made on behalf of a defunct insurer. The Workers' Compensation Appeals Board (WCAB) granted CIGA's reconsideration, reversing the arbitrator's decision that barred CIGA's claim. The WCAB found that CIGA's reimbursement claim was not subject to the one-year statute of limitations under Labor Code section 5500.5(e) because CIGA was seeking contribution as the defendant for a specific injury in a successive injury scenario. The matter is returned to the arbitrator for further proceedings on all other outstanding issues.

California Insurance Guarantee AssociationCIGAcontributionreimbursementLabor Code section 5500.5(e)Insurance Code section 1063.1Compromise and ReleaseDeclaration of Readiness to Proceedcumulative traumaspecific injury
References
1
Case No. 2022 NY Slip Op 03294 [205 AD3d 1243]
Regular Panel Decision
May 19, 2022

Matter of Truax & Hovey, Ltd. (Commissioner of Labor)

This case involves an appeal by Truax & Hovey, Ltd. (T&H) from two decisions of the Unemployment Insurance Appeal Board. T&H, an interior construction company, was found liable for additional unemployment insurance contributions for drywall installers and finishers it considered independent contractors. The Department of Labor's determinations, upheld by Administrative Law Judges and the Board, applied Labor Law § 861-c, part of the Construction Industry Fair Play Act, which presumes an employment relationship unless specific criteria for an independent contractor are met. The Appellate Division, Third Department, affirmed the Board's decision, finding that T&H failed to rebut this presumption because it did not establish that the drywallers owned the capital goods (drywall), a requirement under the separate business entity test.

Unemployment InsuranceIndependent ContractorEmployment RelationshipConstruction Industry Fair Play ActLabor LawDrywall InstallersStatutory PresumptionABC TestSeparate Business EntityAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Jan 04, 2016

McKay v. Weeden

Jeffrey J. McKay sustained injuries after falling through an unguarded stairwell opening while performing drywall work in a home owned by Jared Weeden. The construction was overseen by general contractor C.T. Gates Construction, Inc. (Gates), who subcontracted the drywall work to Nolan Construction, LLC and Nolan Drywall, LLC (Nolan). The appellate court modified the Supreme Court's order, finding Nolan liable as a statutory agent under Labor Law and reinstating claims against both Nolan and Gates. Plaintiffs were granted partial summary judgment on liability for the Labor Law § 240(1) claim and a violation of 12 NYCRR 23-1.7 (b)(1). Weeden's cross-motion for dismissal of common-law negligence and cross-claims against him was granted, as he lacked supervisory control. Additionally, the court denied Gates's request for summary judgment on the Labor Law § 200 claim and common-law negligence due to unresolved factual issues regarding its duty to maintain a safe worksite. Finally, the plaintiffs' motion to dismiss counterclaims for contractual indemnification from Gates and Nolan against McKay was granted, concluding that McKay did not agree to indemnify them for their own culpable conduct.

Construction accidentLabor Law Section 240(1)Labor Law Section 200Labor Law Section 241(6)Common-law negligenceSummary judgmentIndemnificationStatutory agent liabilityFall from heightUnguarded opening
References
20
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