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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

Adams v. Owens-Corning Fiberglass Corp.

Stephen T. Adams, a self-employed electrician, sustained injuries after falling from a ladder while performing electrical work on a building owned by the defendant. He became electrocuted and, to free himself, directed a co-worker to kick the ladder out, resulting in a fall to a concrete floor. Adams and his spouse initiated legal action, citing violations of Labor Law §§ 200, 240(1), 241(6) and common-law negligence. The Supreme Court initially denied the defendant's motion for summary judgment and granted the plaintiffs' cross-motion regarding Labor Law § 240(1). However, the appellate court reversed the Supreme Court's decision on Labor Law §§ 200, 240(1) and common-law negligence, granting summary judgment to the defendant, concluding the ladder did not fail and the defendant lacked supervision. The appellate court affirmed the denial of summary judgment for Labor Law § 241(6), indicating unresolved factual questions regarding safety precautions.

Ladder fallElectrocution injuryLabor Law violationsSummary judgment appealConstruction accidentWorker safetyPremises liabilityGeneral contractor responsibilityAppellate DivisionNew York labor law
References
3
Case No. MISSING
Regular Panel Decision

Claim of Wiltsie v. Owens Corning Fiberglass

Claimant suffered a compensable low back injury in 1995, continuing work with restrictions and ADA accommodations. In 2003, the employer's decision to change his shift caused claimant stress, leading his primary physician to diagnose chest pain syndrome, agoraphobia, and depression, and advise him to stop working. Initially awarded benefits for a period, the Workers’ Compensation Board subsequently denied further benefits, concluding that claimant's departure from work was for reasons unrelated to his back disability. Claimant appealed, contending his back injury prevented him from the new shift, but the Board's determination, supported by other evidence, found he left due to stress from the shift dispute rather than his back condition. The Board's decision, which included an assessment of claimant's testimony and medical evidence, was affirmed, as it was supported by credible evidence.

Low Back InjuryAmericans with Disabilities Act (ADA)Workplace AccommodationShift Schedule ChangeStress-Related IllnessChest Pain SyndromeAgoraphobiaDepression DiagnosisCredibility of Medical OpinionPermanent Partial Disability
References
5
Case No. MISSING
Regular Panel Decision

Claim of Adams v. Owens Corning Fiberglass

The Special Disability Fund appealed a Workers’ Compensation Board decision from November 23, 1999, which had discharged the Fund from liability under Workers’ Compensation Law § 15 (8). Initially, a WCB panel ruled that the employer’s carrier was entitled to reimbursement for a claimant's preexisting coronary artery disease. Although the Fund's appeal to this Court was dismissed for failure to prosecute, the full Board later rescinded the panel's decision, finding the carrier's reimbursement claim failed to specify coronary artery disease as a preexisting disability. This Court affirmed the full Board's decision, asserting the Board's plenary authority under Workers’ Compensation Law § 123 to modify its decisions, even after an appeal dismissal. The Court emphasized strict adherence to claim form requirements, noting the carrier's form lacked specific mention of the coronary artery disease, thereby denying the reimbursement claim.

Special Disability FundWorkers' Compensation BoardReimbursementPreexisting DisabilityCoronary Artery DiseaseFailure to ProsecuteBoard AuthorityClaim Form ComplianceAppellate ReviewWorkers' Compensation Law
References
5
Case No. 88 Civ. 3317
Regular Panel Decision

In Re Joint Eastern & Southern District Asbestos Litigation

Arlene Maiorana, widow of John Maiorana, sued several asbestos manufacturers, alleging her husband's colon cancer was caused by asbestos exposure during his career. Defendants moved for summary judgment, arguing Maiorana couldn't prove asbestos caused the colon cancer. The court discussed the standard for summary judgment and the role of epidemiological data, stating that a plaintiff needs to show a relative risk greater than 2.0 for causation without direct evidence. Maiorana failed to present sufficient admissible epidemiological evidence or expert testimony to meet this standard. Additionally, her medical experts' opinions were found inadmissible due to insufficient expertise or unsupported underlying assumptions regarding Mr. Maiorana's medical history. The court granted the defendants' motion for summary judgment, dismissing the complaint.

Asbestos LitigationColon CancerSummary JudgmentCausationEpidemiological EvidenceRelative RiskMedical Expert TestimonyProduct LiabilityFederal Rule of Civil Procedure 56(c)Federal Rule of Evidence 702
References
11
Case No. MISSING
Regular Panel Decision

Mitchell v. Atlas Copco North America, Inc.

An electrician, referred to as Plaintiff, initiated a Labor Law and negligence action against site owner Atlas Copco North America, Inc., and general contractor Jersen Industries, Inc., following a construction accident in October 1996. The Plaintiff sustained injuries when a fiberglass A-frame stepladder, which he described as old and worn, collapsed while he was working, causing him to fall. He alleged that construction debris on the floor contributed to the accident and that he had previously informed supervisors about it. The Supreme Court granted Plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) but denied Atlas's cross-motion for indemnification against Jersen. Atlas appealed the award of partial summary judgment to the Plaintiff, but the Appellate Division affirmed the lower court's order, rejecting Atlas's arguments regarding ownership, premature discovery, and the merits of the Labor Law § 240 (1) claim.

Construction Site AccidentElevated WorkLadder CollapseScaffolding LawStatutory LiabilityOwner LiabilityContractor LiabilitySummary Judgment MotionAppellate ReviewIndemnification Claim
References
12
Case No. MISSING
Regular Panel Decision

Scalone v. Celotex Corp.

Plaintiff George Scalone, a New Jersey resident, brought an action in New York claiming asbestos-related injuries from exposure in New York worksites. Defendants Combustion Engineering, Inc. and Owens-Corning Fiberglass Corporation moved for summary judgment, arguing the action was time-barred by the New York Borrowing Statute (C.P.L.R. § 202). They contended that Scalone's cause of action accrued in New Jersey, where he became ill, and therefore New Jersey's statute of limitations should apply, precluding the New York Toxic Tort Revival Statute (C.P.L.R. § 214-c(2)). The court denied the motions, holding that for the purposes of the Toxic Tort Revival Statute, the place of accrual and place of injury are the same, and both are New York, given the plaintiff's exposure in the state. The court emphasized the remedial purpose of the Toxic Tort Revival Statute and found no clear legislative intent to exclude non-residents exposed in New York, even if they had other potential forums.

Toxic TortAsbestos ExposureStatute of LimitationsBorrowing StatuteToxic Tort Revival StatuteC.P.L.R. § 214-c(2)C.P.L.R. § 202Personal InjuryInterstate LawForum Shopping
References
2
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