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

Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. MISSING
Regular Panel Decision
Mar 28, 2001

Claim of Viau v. Walsh Trucking Services, LLC

Claimant, a truck driver, sustained two chest injuries in May and September 1997 while working. Later, in February 1998, he experienced neck, shoulder, and arm pain, which he sought to include in his workers' compensation claims. Although a Workers' Compensation Law Judge initially found a causal relationship for these broader injuries, the Workers' Compensation Board reversed, determining that the claimant failed to establish a causal link between the original incidents and his later head, neck, and arm issues. The appellate court affirmed the Board's decision, citing substantial evidence that included inconsistent testimony from the claimant and a lack of early documentation for head or neck injuries in C-2 reports and medical records. The court concluded that physicians' opinions regarding causality were based on later complaints and lacked initial supporting evidence.

Workers' CompensationCausal RelationshipDisability ClaimTruck Driver InjuryChest PainNeck PainShoulder PainHerniated DiscMedical EvidenceInconsistent Testimony
References
2
Case No. MISSING
Regular Panel Decision

Gaston v. Great Neck Union Free School District

Luis Gaston, an employee of Bay Welding, Inc., was injured while working at a school owned by Great Neck Union Free School District. Gaston initiated a negligence action against the School District, which subsequently filed a third-party complaint against Bay Welding, Inc., seeking indemnification for allegedly failing to procure general liability insurance as per their contract. The Supreme Court granted partial summary judgment to the School District, finding Bay Welding, Inc., had not provided proof of the required insurance. However, the Appellate Division reversed this decision, ruling that the contract regarding insurance coverage was ambiguous and necessitated a trial to determine the parties' intent.

Personal InjuryNegligenceContract DisputeIndemnificationSummary JudgmentAppellate ReviewInsurance CoverageContract AmbiguityThird-Party Action
References
0
Case No. 2018 NY Slip Op 05983
Regular Panel Decision
Sep 06, 2018

Matter of Taylor v. Little Angels Head Start

Claimant, Laverne Taylor, sought workers' compensation benefits for a bilateral knee condition, alleging it was work-related due to changes in her job duties at Little Angels Head Start. She filed her claim over a year after leaving employment, and the employer controverted it due to lack of timely notice under Workers' Compensation Law § 18. Although a Workers' Compensation Law Judge initially awarded benefits, the Workers' Compensation Board reversed the decision, denying the claim. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the employer lacked actual knowledge of a work-related injury and was prejudiced by the delay, as Taylor did not inform them of the work-related nature of her condition until much later.

Workers' Compensation BenefitsTimely NoticeWorkers' Compensation Law § 18Causally-Related InjuryAppellate ReviewBoard DiscretionEmployer KnowledgePrejudiceBilateral Knee ConditionMedical Leave
References
3
Case No. 2025 NY Slip Op 02902 [238 AD3d 836]
Regular Panel Decision
May 14, 2025

Canales v. Rye Neck Union Free Sch. Dist.

The plaintiff, Osman Canales, an employee of Sea Breeze General Construction, Inc., sustained injuries after slipping and falling approximately five feet from a truck step at a construction site at Daniel Warren Elementary School. He initiated an action against Rye Neck Union Free School District and Daniel Warren Elementary School, alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted the defendants' motion for summary judgment, dismissing the Labor Law § 240 (1) claim and parts of the Labor Law § 241 (6) claim, while denying the plaintiff's cross-motion. The Appellate Division affirmed the Supreme Court's order, ruling that the five-foot descent was not an elevation-related risk under Labor Law § 240 (1) and that Industrial Code provisions 12 NYCRR 23-1.7 (d) and (e) (2) were inapplicable because truck steps are not considered 'elevated working surfaces' and the injury resulted from a slip, not a trip.

Labor Law § 240 (1)Labor Law § 241 (6)Industrial Code 12 NYCRR 23-1.7Elevation-related riskSafe place to workSummary judgmentSlip and fallConstruction accidentTruck egressAppellate Division Second Department
References
13
Case No. CV 93-1443 ADS
Regular Panel Decision
May 15, 2000

LI HEAD START CHILD DEVELOPMENT SERV. v. Kearse

This case addresses cross-motions for reconsideration regarding a prior court order compelling defendants to return $497,736 to L.I. Head Start. The defendants' motion, citing concerns about the financial stability of the Community Action Agencies Insurance Group (CAAIG) Fund if the transfer occurred, was denied, as the court found their evidence outdated and irrelevant to the appropriate assessment date of withdrawal in 1992. Conversely, the plaintiffs' motion for prejudgment interest on the owed sum was granted, with the court ordering the defendants to pay the principal amount plus interest accrued from September 1, 1992. Additionally, the court awarded attorneys' fees to the plaintiffs, finding evidence of bad faith on the part of the defendants and noting the deterrent effect such an award would have on other fund trustees. However, the plaintiffs' request for computer legal research costs was denied as not being a separately taxable expense.

ERISAPension PlanHealth Benefit FundMotion for ReconsiderationPrejudgment InterestAttorneys' FeesFund DepletionFinancial StabilityBad FaithFederal Rules of Civil Procedure
References
36
Case No. MISSING
Regular Panel Decision

Moglia v. Sullivan County Head Start, Inc.

This memorandum decision addresses the defendants' motion for summary judgment concerning whether Sullivan County Head Start, Inc. acted "under color of law" in discharging the plaintiff, a key issue for a claim under 42 U.S.C. § 1983. The Court referenced prior decisions, specifically Morse v. North Coast Opportunities, Inc. and Nail v. Community Action Agency of Calhoun County, which established that despite extensive federal funding and regulation, Head Start personnel decisions are not made under color of law. This is because federal and state officials lack sufficient control over personnel actions, and Head Start programs do not perform traditionally exclusive governmental functions. Consequently, the court found that Sullivan County Head Start is not a governmental entity for constitutional litigation purposes, granting the defendants' motion for summary judgment and dismissing the plaintiff's pendant State law claims without prejudice.

Summary JudgmentColor of Law42 U.S.C. § 1983Head Start ProgramGovernmental EntityPersonnel DecisionsState ActionFederal FundingDismissal Without PrejudiceBivens Claim
References
5
Case No. MISSING
Regular Panel Decision

L.I. Head Start Child Development Services, Inc. v. Kearse

L.I. Head Start Child Development Services, Inc. and two class representatives filed an action against the individual trustees of the Community Action Agencies Insurance Group Fund (CAAIG Trust), alleging breaches of fiduciary duty under ERISA. The plaintiffs claimed that the defendants unlawfully refused to transfer Head Start's share of accumulated reserves, totaling $499,736, after Head Start withdrew from the CAAIG Trust in 1992. The court found that the CAAIG Trust segregated contributions by employer and that two purported amendments to the trust agreement, which would have prevented the transfer, were invalid. Citing ERISA Sections 1103(c)(1) and 1104(a)(1)(A) and relevant Second Circuit precedents, the court ruled that the defendants must transfer the reserve funds to a new trust for the benefit of Head Start's employees.

ERISAFiduciary DutyEmployee Benefits PlanHealth and Welfare FundTrust AgreementFund ReservesWithdrawal from FundTransfer of AssetsClass ActionBreach of Fiduciary Duty
References
14
Case No. ADJ10455235
Regular
Jul 17, 2017

RICK MAIANI vs. BARRETT BUSINESS SERVICES INC., ACE AMERICAN INSURANCE

This case involves a dispute over temporary total disability benefits for an applicant who sustained a head injury. The Workers' Compensation Appeals Board granted reconsideration of a prior award. The Board affirmed the temporary total disability finding but amended the award to explicitly include injury to the applicant's head and headaches, deferring issues regarding eyes/vision, neck, back, and left knee. This decision was based on a stipulation of injury to the head during trial and medical evidence supporting ongoing disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardTemporarily Totally DisabledQualified Medical EvaluatorSubstantial EvidencePost-concussion syndromeHeadachesSleep disturbanceMemory impairment
References
1
Case No. 534595
Regular Panel Decision
Jun 01, 2023

Matter of Cush v. Tully Constr. Co. Inc.

Claimant Daniel Cush, an iron worker, filed a workers' compensation claim in January 2020, alleging a head, neck, and back injury on October 23, 2019, which he contended aggravated a prior work-related neck injury from 2007. The employer and its workers' compensation carrier controverted the claim, arguing a lack of causal relationship for the alleged aggravation. A Workers' Compensation Law Judge (WCLJ) established the claim for an aggravation to the neck, a decision subsequently affirmed by the Workers' Compensation Board in a June 2021 panel decision. The carrier's application for rehearing and/or reopening, based on alleged newly discovered evidence regarding the claimant's application for Social Security benefits, was denied by the Board. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the establishment of the claim and no abuse of discretion in denying the rehearing application.

Workers' CompensationAggravated InjuryNeck InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationRehearing ApplicationAbuse of DiscretionSubstantial EvidenceAppellate Review
References
16
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