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

Case No. 154970/19 | Appeal No. 5599 | Case No. 2024-06451
Regular Panel Decision
Jan 15, 2026

Russell v. Lenox Hill Hosp.

Plaintiff James Russell, an employee of a delivery service, sustained injuries while unloading a blood irradiator machine at Lenox Hill Hospital, falling off a truck after the machine rolled towards him. The Supreme Court had denied Lenox Hill Hospital's motion for summary judgment on Labor Law §§ 240(1) and 200 claims and common-law negligence, granted plaintiff's motion for summary judgment on Labor Law § 240(1) liability, and denied Rad Source Technologies' motion to dismiss the third-party complaint. The Appellate Division, First Department, reversed these decisions, dismissing both the complaint against Lenox Hill Hospital and the third-party complaint. The court ruled that plaintiff was not a covered worker under Labor Law § 240(1) as the electrical work was unrelated to his activity and completed before delivery. Furthermore, Lenox Hill Hospital did not supervise or control plaintiff's work, negating Labor Law § 200 and common-law negligence liability. The third-party complaint was also dismissed, as Rad Source cannot be held liable for the negligence of an independent contractor, and delivery work is not considered inherently dangerous.

Labor Law § 240(1)Labor Law § 200Summary JudgmentAppellate ReviewConstruction AccidentIndependent ContractorDelivery ServicesPremises LiabilityLoading Dock InjuryUnloading Equipment
References
7
Case No. ADJ4301849
Regular
Dec 09, 2009

Rafael Morando vs. PERFORMANCE NURSERY, INC., FA RICHARD LAGUNA HILLS

The WCAB denied reconsideration of the WCJ's decision denying applicant's claim for workers' compensation benefits due to credibility issues and inconsistencies in the record.

ADJ4301849OXN 0148502WORKERS' COMPENSATION APPEALS BOARDRAFAEL MORANDOPERFORMANCE NURSERY INC.FA RICHARD LAGUNA HILLSORDER DENYING RECONSIDERATIONWCJ Opinion on DecisionREPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONApplication for Adjudication
References
1
Case No. 2020 NY Slip Op 00482 [179 AD3d 546]
Regular Panel Decision
Jan 23, 2020

Matter of Maxine B. v. Richard C.

This case concerns an appeal by Richard C. against an order of protection issued in favor of his mother, Maxine B., by the Family Court of Bronx County. The order was based on a finding that Richard C. committed menacing in the third degree. Richard C. argued that Maxine B. had stated she did not want the order, but the Appellate Division noted that other evidence, including sworn testimony from a social worker and counsel's representations made outside Richard C.'s presence, indicated Maxine B.'s need for protection. The court affirmed the finding that Richard C. intentionally placed Maxine B. in fear of physical injury, resulting in a black eye, and upheld the Family Court's credibility assessments. Other arguments regarding evidence admission, right to counsel, and the social worker's authority were dismissed as unpreserved or without specific prejudice. The Appellate Division unanimously affirmed the order of protection.

Order of ProtectionMenacing Third DegreeFamily Court ActAppellate DivisionCredibility AssessmentEvidence AdmissibilityRight to CounselFamily OffenseDomestic ViolenceAffirmation
References
3
Case No. 2022 NY Slip Op 03777 [206 AD3d 1175]
Regular Panel Decision
Jun 09, 2022

Matter of Anthony v. AB HILL Enters., LLC

Sandra Anthony filed a workers' compensation claim after injuring her wrist at a construction site, naming AB Hill Enterprises, LLC as her employer. A Workers' Compensation Law Judge (WCLJ) found an employer-employee relationship, ruled AB Hill liable, and, due to AB Hill's lack of coverage, held Dani's Builders responsible as the general contractor. A penalty was also imposed on AB Hill for failing to secure insurance. The Workers' Compensation Board affirmed the WCLJ's decision, prompting AB Hill's appeal. The Appellate Division affirmed the Board's decision, finding substantial evidence that AB Hill was a subcontractor and employer under the Construction Industry Fair Play Act, and thus properly assessed a penalty for lack of workers' compensation coverage.

Workers' CompensationEmployer-Employee RelationshipConstruction Industry Fair Play ActSubcontractor LiabilityInsurance CoverageStatutory PresumptionIndependent ContractorAppellate ReviewPenalty AssessmentDrywall Injury
References
4
Case No. MISSING
Regular Panel Decision

Claim of Tunison v. P. C. Richards & Son

This case involves an appeal from two decisions by the Workers’ Compensation Board concerning workers' compensation death benefits. The decedent, an employee of Outlaw Trucking Company, was fatally injured while delivering merchandise for P. C. Richards & Son. The Board found that the decedent was a special employee of P. C. Richards & Son and that his death arose out of and in the course of this special employment, making P. C. Richards & Son liable for death benefits. The court affirmed the Board's decision, concluding that there was substantial evidence to support the finding of a special employment relationship due to P. C. Richards & Son's control over the decedent's work, and that the death occurred in the course of employment as he was returning truck keys.

Workers' CompensationSpecial EmploymentDeath BenefitsEmployer LiabilityAppellate ReviewControl TestCourse of EmploymentInsurance CarrierTrucking IndustryWorkers' Compensation Board
References
7
Case No. MISSING
Regular Panel Decision

Richard H. v. Consilvio

Petitioner Richard H., diagnosed with paranoid schizophrenia, has a history of involuntary commitments and bank robberies. This appeal concerns the Commissioner of Mental Health's application for a retention order in a secure psychiatric facility. A lower court initially ordered his transfer to a nonsecure facility, crediting his testimony and an advisory jury opinion that he was not dangerous. The Appellate Division, upon review, found that the Commissioner had established Richard H. suffers from a "dangerous mental disorder." The court emphasized his history of dangerous behavior, noncompliance with medication, escapes from nonsecure facilities, and delusional beliefs. Therefore, the Supreme Court's order was modified, and Richard H. was ordered to be retained in a secure facility.

Paranoid SchizophreniaInvoluntary CommitmentInsanity AcquitteeDangerous Mental DisorderRetention OrderMental Hygiene LawCriminal Procedure LawMedication NoncomplianceBank RobberyDelusional Beliefs
References
14
Case No. MISSING
Regular Panel Decision

In re Sanctioning of Richard N.

This opinion addresses the appropriate sanction for juror Richard N. who intentionally abandoned a summary jury trial and misled the court about his whereabouts, falsely claiming a 'neurological emergency'. Presided over by Justice Martin E. Ritholtz in Queens County, the court initiated a special proceeding to penalize Richard N. for his misconduct. While civil or criminal contempt charges were considered, the court ultimately utilized its inherent powers to impose a less severe sanction. Richard N. confessed and apologized for his deceptive behavior. The court ordered him to pay a $250 fine and determined that his jury service would not be credited, leaving him eligible for future jury duty.

Juror MisconductContempt of CourtSpecial ProceedingJudicial SanctionInherent Powers of CourtJury Duty AbandonmentDeceptive ConductDue ProcessRight to CounselCivil Contempt
References
38
Case No. MISSING
Regular Panel Decision

Green Hills (USA), L.L.C. v. Aaron Streit, Inc.

Green Hills, LLC brought an action against Aaron Streit, Inc. and Certified Environments, Inc. for violations of the Resource Conservation and Recovery Act (RCRA) and New York Navigation Law, along with other common law provisions. The dispute arose after Green Hills purchased a property from Streit's, which was previously inspected by CEI, and subsequently discovered leaked heating oil from underground storage tanks. Green Hills alleges that Streit's misrepresented the property's environmental condition and CEI failed to detect the hazards. Defendants moved to dismiss various counts of the complaint, with Streit's arguing lack of subject matter jurisdiction and failure to state a claim under RCRA, and CEI arguing the economic loss rule bars certain state-law claims. The court denied both defendants' motions to dismiss, finding sufficient allegations for an RCRA claim and exercising supplemental jurisdiction over state-law claims against CEI. The court also granted Green Hills' cross-motion to amend its complaint.

RCRAEnvironmental LawHazardous WasteUnderground Storage TanksContaminationNew York Navigation LawMotions to DismissSubject Matter JurisdictionFailure to State a ClaimSupplemental Jurisdiction
References
29
Case No. 531945
Regular Panel Decision
Nov 18, 2021

In the Matter of the Claim of Alroy Richards

Claimant Alroy Richards appealed two decisions by the Workers' Compensation Board. The Board initially ruled that Richards did not sustain an accidental injury arising out of and in the course of his employment and denied his claim for workers' compensation benefits. Subsequently, the Board denied his request for reconsideration and/or full Board review. Richards claimed to have experienced pain while moving oxygen tanks at work in April 2017 but failed to seek timely medical treatment or report the incident. The Appellate Division affirmed the Board's decision, deferring to its credibility determinations and finding substantial evidence to support the finding that the proof presented by the claimant was insufficient to demonstrate an accident occurred in the course of his employment.

Workers' Compensation BenefitsAccidental InjuryEmployment ScopeUntimely NoticeBoard AffirmationCredibility of ClaimantSubstantial Evidence ReviewMedical CausationReconsideration DenialAppellate Review
References
8
Case No. 2017 NY Slip Op 03580 [150 AD3d 1349]
Regular Panel Decision
May 04, 2017

Claim of Richards v. Massena Central Schools

Mary Ann Richards, a cleaner, sustained neck injuries in March 2010 while working for Massena Central Schools, leading to an established workers' compensation claim and cervical surgery. In June 2013, she sought to amend her claim to include consequential neurological injuries, specifically scapulothoracic crepitation and mandibular dysesthesia. Both the Workers' Compensation Law Judge and the Workers' Compensation Board denied this amendment, concluding that Richards failed to demonstrate a causal relationship between her established work injury and the alleged consequential conditions. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence. Multiple medical professionals, including orthopedic surgeons and neurologists, provided opinions that either could not determine the etiology of Richards' symptoms or found no objective evidence linking them to her work injury or subsequent surgery.

Workers' CompensationNeurological InjuryCausationMedical EvidenceAppellate ReviewScapulothoracic CrepitationMandibular DysesthesiaCervical SurgeryIndependent Medical ExaminationBurden of Proof
References
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