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

Case No. 2018 NY Slip Op 04452
Regular Panel Decision
Jun 15, 2018

Martin v. Niagara Falls Bridge Commn.

Plaintiff Eldred Jay Martin, an appellant, sustained injuries from a 25-30 foot fall while dismantling bridge scaffolding. He sued under Labor Law §§ 240 (1) and 241 (6). The Supreme Court initially granted summary judgment to the defendants, Niagara Falls Bridge Commission and Liberty Maintenance, Inc., dismissing the complaint. On appeal, the Appellate Division, Fourth Department, modified this decision, reinstating the Labor Law § 240 (1) claim due to triable issues of fact concerning the adequacy of safety devices provided. The court affirmed the dismissal of the Labor Law § 241 (6) claim. A dissenting opinion argued that the plaintiff's own actions were the sole proximate cause of his injuries, as he allegedly failed to use available safety equipment.

Scaffolding accidentLabor Law § 240(1)Summary JudgmentAppellate ReviewConstruction SafetyFall ProtectionWorkplace InjuryProximate CauseSafety DevicesEmployer Liability
References
15
Case No. 2023 NY Slip Op 01392 [214 AD3d 1332]
Regular Panel Decision
Mar 17, 2023

Matter of Niagara Falls Captains & Lieutenants Assn. (City of Niagara Falls)

The Niagara Falls Captains and Lieutenants Association, as petitioner, appealed an order from the Supreme Court, Niagara County, which denied their petition to vacate an arbitration award. The arbitration award had previously denied the association's grievances against the City of Niagara Falls. The petitioner contended that the award should be vacated because it failed to meet the standards of finality and definiteness required by CPLR 7511 (b) (1) (iii). The Appellate Division, Fourth Department, affirmed the lower court's order, emphasizing the extremely limited judicial review of arbitration awards. The court found that the award sufficiently defined the parties' rights and obligations regarding the alleged violation of their collective bargaining agreement or past practice concerning the filling of six vacancies by the City. Ultimately, the court concluded that the award was definite and final, resolving the submitted controversy without creating new ambiguities.

Arbitration AwardVacate AwardFinalityDefinitenessCPLR 7511Collective Bargaining AgreementGrievancesJudicial ReviewAppellate DivisionPublic Sector Employment
References
9
Case No. MISSING
Regular Panel Decision
Sep 29, 1939

City of Wichita Falls v. Travelers Ins. Co.

The City of Wichita Falls sought indemnity from The Travelers Insurance Company for a judgment paid to C. H. Phillips, who was injured by a city truck. The insurance policy excluded coverage for city employees. The central question was whether Phillips, a relief worker whose labor was directed by the City, was an employee of the City at the time of injury, including his transportation to and from work. The court affirmed that Phillips was indeed a city employee, despite being paid by a federal relief agency, and that his injury occurred within the scope of his employment. Additionally, a non-waiver agreement between the City and Travelers was deemed valid, preserving the insurer's policy defenses. The judgment in favor of The Travelers Insurance Company was affirmed.

Automobile Insurance PolicyEmployee Exclusion ClauseBorrowed Servant RuleNon-Waiver Agreement ValidityCourse of EmploymentFederal Relief WorkerMunicipal LiabilityInsurance Coverage DisputeWorkers' Compensation ContextContract Interpretation
References
28
Case No. MISSING
Regular Panel Decision

Gonzalez v. 310 West 38th, L.L.C.

This case concerns a laborer who suffered personal injuries after falling from a ladder. The defendant-appellant sought summary judgment to dismiss the plaintiff's cause of action under Labor Law § 240 (1), contending it was an alter ego of the plaintiff's employer, which would invoke the Workers' Compensation Law as a bar to the action. The motion court correctly rejected this argument, noting the lack of evidence demonstrating the employer's complete domination and control over the appellant's operations. The appellate court unanimously affirmed this decision, confirming the plaintiff's protection under Labor Law § 240 (1) given his engagement in painting a building at the time of injury. Additionally, an appeal regarding a motion to renew and reargue was unanimously dismissed as it stemmed from a nonappealable order.

Personal InjuryLadder AccidentSummary Judgment MotionLabor Law ComplianceWorkers' Compensation BarAlter Ego DefenseAppellate ReviewConstruction SafetyStatutory ProtectionNonappealable Order
References
2
Case No. 10-93-224-CV
Regular Panel Decision
May 18, 1994

Subsequent Injury Fund of the State of Texas (Formerly the Second Injury Fund) v. Larry Milligan

The Subsequent Injury Fund appeals a judgment awarding Larry Milligan lifetime benefits for injuries sustained at work. Milligan suffered two ankle injuries in 1987 and a third in 1989, leading to the total loss of use of both feet. He sued the Fund for lifetime benefits after settling with the workers' compensation carrier. The jury found permanent, total loss of use of both feet. The Fund challenged its statutory liability for lifetime benefits and the court's refusal to submit a jury question on total and permanent incapacity. The appellate court affirmed, finding the first issue unpreserved and the second resolved by a statutory conclusive presumption of total and permanent incapacity for the loss of both feet.

Workers' Compensation LawSubsequent Injury FundLifetime BenefitsTotal Permanent IncapacityAnkle InjuriesStatutory InterpretationAppellate ReviewJury InstructionsConclusive PresumptionOccupational Injuries
References
6
Case No. 163 AD3d 1496
Regular Panel Decision
Jul 25, 2018

Provens v. Ben-Fall Dev., LLC

Plaintiff John O. Provens sustained injuries after falling from a roof on which he had been working, allegedly due to detached "toe boards." Plaintiffs commenced an action under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court denied plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) and partially granted defendant David Alen Sattora's cross-motion, dismissing the Labor Law § 241 (6) claim against him. On appeal, the Appellate Division, Fourth Department, unanimously modified the order. The Appellate Division granted plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) liability, finding the failure of the safety device was a violation as a matter of law. It also reinstated the Labor Law § 241 (6) cause of action against Sattora, asserting plaintiffs had standing and Sattora failed to establish prima facie entitlement to dismissal. Furthermore, the court granted Sattora's cross-motion to dismiss the Ben-Fall defendants' cross claims for common-law and contractual indemnification, concluding Sattora was not actively negligent for common-law indemnification and no valid contractual indemnification agreement existed for the relevant work.

Labor LawSummary JudgmentIndemnificationAppellate DivisionConstruction Site SafetyRoofing AccidentProximate CauseSafety Device FailureCross ClaimsContractual Indemnification
References
17
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. 2018-01-0404 / 25193-2018
Regular Panel Decision
Jan 28, 2019

Engstrom, Katerina v. Chattanooga Billiards Club

Katerina Engstrom sought medical benefits for bilateral knee and psychological injuries following a work-related fall in April 2018. The employer, Chattanooga Billiards Club, contested the claim, arguing the injuries were not primarily work-related. The Court determined that Engstrom would likely prevail on her claim for bilateral knee injuries, finding that the fall aggravated pre-existing conditions based on Dr. Tew's medical opinion and post-injury MRI findings. However, the Court denied her claim for psychiatric care, concluding it did not primarily arise from the compensable physical injury, citing extensive pre-existing psychiatric treatment for a military sexual assault and other non-work-related factors influencing her mental health.

Bilateral Knee InjuriesPsychological InjuryPre-existing ConditionAggravation of InjuryExpedited HearingMedical Benefits ClaimCausation DisputeSlip and Fall AccidentMajor DepressionGeneralized Anxiety Disorder
References
1
Case No. MISSING
Regular Panel Decision

Claim of Smith v. LSI Lighting Services

A machine operator, referred to as claimant, sustained a head injury and became totally disabled after falling from a platform at work. The Workers' Compensation Board denied his claim for benefits, accepting the employer's defense that the injury resulted solely from intoxication. Evidence included a 0.218% blood alcohol content and medical records indicating alcohol abuse. The Board concluded that claimant's fall was due to intoxication, thereby overcoming the statutory presumption that the injury was not solely due to intoxication. The appellate court affirmed the Board's decision, finding substantial evidence to support the finding that intoxication was the sole cause of the claimant's injury.

Workers' Compensation AppealIntoxication DefenseBlood Alcohol ContentStatutory Presumption RebuttalSole Cause of InjuryAppellate Review StandardSubstantial EvidenceMedical Records EvidenceAlcoholism DiagnosisWorkplace Fall
References
7
Case No. MISSING
Regular Panel Decision

Johnson v. Second Injury Fund

Walter Johnson, who had previously lost vision in his right eye, suffered an injury at work resulting in the loss of vision in his left eye, leaving him totally and permanently disabled. He received benefits from Texas Employer’s Insurance Association and the Second Injury Fund. Johnson and his wife then sued Texas Industries, Inc. for negligence. Both TEIA and the Second Injury Fund intervened, seeking subrogation rights. The trial court denied the Second Injury Fund's claim to subrogation, but the court of appeals reversed. The Texas Supreme Court reviewed whether the Second Injury Fund is subrogated to Walter Johnson's rights in his personal injury suit. The Court concluded that subrogation is a legislative creation and the statute funding the Second Injury Fund explicitly enumerates funding methods without including subrogation. Therefore, the Supreme Court reversed the court of appeals' judgment and affirmed the trial court's decision, denying subrogation for the Second Injury Fund.

SubrogationSecond Injury FundWorkers' CompensationStatutory InterpretationExpressio Unius Est Exclusio AlteriusTotal DisabilityPersonal InjuryTexas Supreme CourtFunding MechanismsLegislative Intent
References
9
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