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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

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. MISSING
Regular Panel Decision

Claim of Chirino v. Sanitary Controls, Inc.

This case concerns appeals from Workers’ Compensation Board decisions that upheld the State Insurance Fund's cancellation of a workers’ compensation policy for Sanitary Controls, Inc. due to nonpayment. The Fund sent a cancellation notice on November 23, 1976, effective December 11, 1976. Sanitary received it eight days before the effective date. Concurrently, Sanitary filed for bankruptcy, and a court order stayed proceedings against it but did not explicitly stop the policy cancellation. The appeals court affirmed the Board’s decision, holding that service of cancellation is effective upon mailing, not receipt, as per Workers’ Compensation Law § 54, subd 5, and that the bankruptcy filing did not negate Sanitary’s insurance obligations.

Policy CancellationNonpayment of PremiumBankruptcy LawService of NoticeInsurance LiabilityAppellate ProcedureStatutory InterpretationEmployer ObligationsInsurer ObligationsBoard Decisions
References
4
Case No. MISSING
Regular Panel Decision

Reed v. Great Meadow Correctional Facility

The decision addresses a habeas corpus petition filed by Robert Reed against Great Meadow Correctional Facility. Reed had been convicted of two counts of first-degree rape in Niagara County, a conviction which was largely affirmed on appeal, though his sentences were modified to run concurrently. He raised four primary grounds for federal habeas relief: insufficiency of evidence, incredibility of witnesses, prosecutorial misconduct, and improper consolidation of indictments during his trial. The court, however, rejected each of Reed's arguments, finding that the evidence presented at trial was constitutionally sufficient, witness credibility was properly within the jury's discretion, no prosecutorial misconduct as defined by precedent occurred, and the joinder of indictments was appropriate. Citing relevant case law, the court determined that the petitioner failed to demonstrate actual prejudice from the joinder and that the jury was properly instructed. As a result, the petition for habeas corpus was dismissed, and a certificate of appealability was denied, as the court found no substantial showing of the denial of a constitutional right.

Habeas CorpusRape ConvictionInsufficiency of EvidenceWitness CredibilityProsecutorial MisconductJoinder of IndictmentsDue ProcessActual Prejudice StandardFederal Habeas ReliefState Court Conviction
References
18
Case No. 2025 NY Slip Op 04542
Regular Panel Decision
Aug 06, 2025

Carbone v. ISS Facility Servs., Inc.

Joseph Carbone, an airline employee, sued ISS Facility Services, Inc. for personal injuries after a slip and fall at JFK Airport. The parties entered into a settlement agreement for $150,000, conditional upon the defendant resolving a workers' compensation lien, which the defendant subsequently did. Carbone then refused to complete the settlement paperwork. The Supreme Court, Queens County, granted the defendant's motion to enforce the agreement. The Appellate Division, Second Department, affirmed this decision, holding that the settlement met CPLR 2104 requirements, contained all material terms, and evidenced mutual assent, with no valid grounds presented by the plaintiff to invalidate it.

Personal InjurySlip and FallSettlement AgreementContract EnforcementCPLR 2104Workers' Compensation LienAppellate ProcedureMutual AssentUnconscionable ContractSupreme Court
References
6
Case No. MISSING
Regular Panel Decision
Dec 21, 2000

Clarke v. One Source Facility Services, Inc.

This case concerns Sylvester Clarke's claims of employment discrimination and retaliatory discharge under Title VII against One Source Facility Services, Inc. Clarke, an African-American male, alleged discrimination stemming from a refusal of non-union work, which he claimed led to his removal from a position and a series of adverse employment actions. He pursued these grievances through union complaints and two administrative complaints with the New York State Division of Human Rights in 1996 and 1998. The court granted summary judgment to the defendant on the discrimination claim, finding a lack of evidence for racial animus. However, the court denied summary judgment on the retaliation claim, concluding that genuine issues of material fact existed regarding a potential pattern of retaliatory conduct by the employer following Clarke's protected activities.

Employment DiscriminationRetaliatory DischargeTitle VIISummary JudgmentMcDonnell-Douglas FrameworkPrima Facie CasePretextRacial DiscriminationUnion GrievanceAdministrative Complaint
References
21
Case No. 525127
Regular Panel Decision
Jan 18, 2018

Matter of Maloney v. Wende Corr. Facility

Claimant Shawn Maloney, a correction officer, injured his right shoulder while working at Wende Correctional Facility. His workers' compensation claim was established. Conflicting medical reports from his treating orthopedist, Michael Grant (90% SLU), and an independent medical examiner, Gregory Shankman (50% SLU), led to a hearing. The Workers' Compensation Law Judge (WCLJ) credited Shankman's opinion, finding a 50% schedule loss of use (SLU) of the right arm. The Workers' Compensation Board upheld this decision. On appeal, the claimant argued the employer waived defenses by not filing a prehearing conference statement, but the court disagreed, noting the claim was not controverted. The Appellate Division affirmed the Board's decision, finding substantial evidence supported crediting Shankman's medical opinion due to the Board's precedent against duplicative assignments of loss of use values for anterior flexion and abduction deficits.

Schedule Loss of Use (SLU)Right Arm InjuryShoulder InjuryOrthopedic EvaluationMedical Expert TestimonyConflicting Medical EvidenceAppellate Division Third DepartmentPrehearing Conference Statement RuleWaiver of DefensesMedical Impairment Guidelines
References
8
Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. MISSING
Regular Panel Decision
Mar 29, 1985

Jaroszewicz v. Facilities Development Corp.

Plaintiff's husband, a maintenance mechanic, was electrocuted while trouble-shooting an electrical problem at the Westchester County Medical Center. Plaintiff sued the project architects, C. F. Murphy Associates and Lothrop Associates, alleging liability under Labor Law § 241 for breach of the duty to provide a safe place to work, and under a common-law negligence theory for improper supervision. The Supreme Court granted summary judgment to the architects. On appeal, the court affirmed, holding that Labor Law § 241 did not apply as the accident occurred after construction completion. Furthermore, the architects were not liable for common-law negligence as their contractual duty was to the Facilities Development Corporation, they lacked control over construction methods, and no active malfeasance was proven.

construction accidentelectrocutionarchitect liabilitysummary judgmentLabor Lawduty to provide safe place to workimproper supervisionpost-construction accidentagency liability
References
5
Case No. 2019 NY Slip Op 09078 [178 AD3d 1268]
Regular Panel Decision
Dec 19, 2019

Matter of Donovan v. DOCCS Coxsackie Corr. Facility

Danl D. Donovan, a correction sergeant, sustained a work-related hip injury. His employer, DOCCS Coxsackie Correctional Facility, advanced his wages and sought reimbursement. Following an award for a schedule loss of use, a dispute arose regarding the deduction of attorney fees from the claimant's payment, which the Workers' Compensation Board upheld. While Donovan's appeal was pending before the Appellate Division, the Board issued an amended decision based on a new legal rationale. Consequently, the Appellate Division, Third Department, dismissed the initial appeal as moot.

Workers' CompensationSchedule Loss of UseAttorney Fee DeductionReimbursement DisputeMoot AppealAppellate DivisionWork-related InjuryWage ReimbursementIndependent Medical ExaminerAdministrative Review
References
2
Case No. 2025 NY Slip Op 02248 [237 AD3d 1379]
Regular Panel Decision
Apr 17, 2025

Matter of Jehle v. DOCCS Coxsackie Corr. Facility

William Jehle, a correction officer, sustained a work-related injury, prompting his employer, DOCCS Coxsackie Correctional Facility, to continue paying his full wages. The employer sought reimbursement, and Jehle's attorney filed for counsel fees. The Workers' Compensation Law Judge (WCLJ) established the claim, found a temporary total disability, awarded a credit to the employer for wage reimbursement, and granted counsel fees of $4,300 as a lien against this reimbursement. The Workers' Compensation Board affirmed the WCLJ's decision, deeming the lien proper under Workers' Compensation Law § 24 (2) (b). The Appellate Division, Third Department, further affirmed the Board's decision, holding that an award for previously unawarded benefits constitutes an 'increase' under the law, and that counsel fees are appropriately a lien against the employer's reimbursement, dismissing arguments of the employer subsidizing fees.

Counsel FeesLien on AwardEmployer ReimbursementTemporary Total DisabilityWorkers' Compensation LawAppellate ReviewCorrection OfficerWage ReimbursementStatutory InterpretationClaimant Attorney Fees
References
3
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