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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

Stone v. Williams

Robert Stone was injured at a Merit service station in Staten Island on April 3, 1977, when he was struck by a car driven by Kerry Williams. A jury assessed Stone's damages at $200,000 and apportioned 20% liability to the Merit service station defendants. The dissenting opinion argues against the majority's view that the service station owed no duty to direct traffic and that its negligence was not a causative factor. Justice Gibbons contends that the service station had a duty of reasonable care to its patrons and that the jury's finding of negligence and proximate cause, based on inadequate staffing and failure to control traffic, was supported by the evidence. He also argues that the $200,000 damage award was not excessive, citing the severity of Stone's injuries, including a broken leg, a mangled hand with a shattered middle finger, and the amputation of a ring finger, resulting in a 40-50% permanent loss of use of his left hand.

Personal InjuryNegligencePremises LiabilityDuty of CareProximate CauseForeseeabilityJury VerdictDamagesExcessive DamagesAppellate Review
References
14
Case No. 14 Civ. 6494(PAE)
Regular Panel Decision

Stone ex rel. Stone Family Trust v. Theatrical Investment Corp.

This opinion addresses the denial of a motion for reconsideration filed by Jon Platt and Theatrical Investment Corp. (TIC). TIC sought to overturn a previous court decision that confirmed an arbitration award favoring Sheldon Stone, Trustee for the Stone Family Trust (SFT), and denied TIC's motion to vacate the award. TIC based its motion for reconsideration on a two-year-old, unpublished New York Supreme Court decision that vacated an arbitration award due to an arbitrator appointing a receiver. The court denied reconsideration, asserting that an unpublished state lower court opinion is not controlling authority and distinguished the facts of the cited case concerning the nature of the appointed receiver, ultimately finding no new controlling or persuasive authority.

Arbitration AwardMotion for ReconsiderationFederal District CourtNew York LawControlling AuthorityUnpublished DecisionsReceivershipArbitral AuthorityCase PrecedentDenial of Motion
References
14
Case No. 2015 NY Slip Op 04613
Regular Panel Decision
Jun 03, 2015

Kiskiel v. Stone Edge Management, Inc.

The injured plaintiff, Edward Kiskiel, a New York City sanitation worker, allegedly slipped and fell on a puddle of wet paint in a parking lot. The defendant, Stone Edge Management, Inc., managed an adjoining condominium complex that had an easement over the parking lot. The Supreme Court denied the defendant's motion for summary judgment dismissing the complaint. On appeal, the Appellate Division, Second Department, reversed the order, holding that the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating it neither created the hazardous condition nor had actual or constructive notice of its existence. The court found the condition was transient and not visible prior to the accident, and there was no evidence, only speculation, that the defendant created it. Thus, the defendant's motion for summary judgment was granted.

Slip and FallPremises LiabilitySummary JudgmentConstructive NoticeHazardous ConditionParking Lot AccidentProperty ManagementAppellate ReviewNegligencePersonal Injury
References
4
Case No. 2019 NY Slip Op 04250 [172 AD3d 1851]
Regular Panel Decision
May 30, 2019

Matter of Stone v. Saulsbury/Federal Signal

Claimant Robert Stone, who suffered a work-related back injury in 2002 and was classified with a permanent partial disability, had his workers' compensation benefits suspended in 2016 following his incarceration for unlawful manufacture of methamphetamine. Upon his release in 2017, the workers' compensation carrier raised the issue of a Workers' Compensation Law § 114-a violation, alleging false statements or work performed while receiving benefits. Both the Workers' Compensation Law Judge and the Workers' Compensation Board found insufficient evidence to establish any work activity or false statements. The employer and its carrier appealed, arguing that claimant's criminal conduct constituted "work" under WCL § 114-a and challenging the Board's credibility determinations regarding hearsay testimony. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant did not violate Workers' Compensation Law § 114-a, as the elements of the crime did not require work to be performed, and the Board, as the sole arbiter of credibility, was free to disregard uncredited testimony.

Workers' Compensation FraudPermanent Partial DisabilityMethamphetamine ConvictionBenefit SuspensionBenefit ReinstatementWorkers' Compensation Law § 114-aSubstantial Evidence ReviewWitness CredibilityAppellate AffirmationCriminal Conduct and Benefits
References
4
Case No. MISSING
Regular Panel Decision

Stone v. Manhattan & Bronx Surface Transit Operating Authority

Richard E. Stone, a former employee of MaBSTOA, sued his employer for disability discrimination under the ADA. He alleged constructive discharge due to a disability after being initially diagnosed with severe cataracts. MaBSTOA moved for summary judgment, arguing Stone was dismissed for multiple probationary disciplinary violations, including tardiness and absence without leave, which occurred over five instances in less than two months. The court found that even if Stone could establish a prima facie case of discrimination, MaBSTOA had demonstrated a legitimate, non-discriminatory reason for dismissal based on his documented performance issues. Therefore, the court granted MaBSTOA's motion for summary judgment, concluding that the defendant would have dismissed plaintiff regardless of his impairment.

Disability DiscriminationAmericans with Disabilities ActSummary JudgmentConstructive DischargeEmployment LawProbationary EmploymentAttendance PolicyTardinessAbsence Without LeavePerceived Disability
References
22
Case No. MISSING
Regular Panel Decision

In Re Pollock

This case concerns a joint motion for declaratory judgment filed by Jerome Pollock, Jr. Stone Artist, Inc., a Chapter 11 debtor, and the New York State Department of Labor (DOL). Stone Artist contended that a DOL Order to Comply, issued due to alleged unpaid overtime wages, violated the automatic stay in bankruptcy. The DOL argued its action was permissible under the police and regulatory powers exception of 11 U.S.C. § 362(b)(4). The court analyzed the applicability of the police powers exception using both the pecuniary purpose and public policy tests. It concluded that the DOL's enforcement action to fix damages for labor law violations satisfied both tests, and an explicit demand for injunctive relief was not required. Consequently, the court ruled that the DOL's issuance of the Order to Comply was properly excepted from the automatic stay.

BankruptcyAutomatic StayPolice Powers ExceptionDeclaratory JudgmentLabor LawOvertime WagesGovernmental EnforcementPecuniary TestPublic Policy TestNew York Labor Law
References
17
Case No. 2021 NY Slip Op 05371 [198 AD3d 1031]
Regular Panel Decision
Oct 07, 2021

Matter of Tompkins v. Bedford Stone & Masonry

The claimant, Michael Tompkins, appealed a decision by the Workers' Compensation Board concerning a reduction in counsel fees. His attorney had negotiated a $200,000 settlement for a work-related back and knee injury. The attorney sought $30,000 in fees, but the Board reduced this to $24,000, finding the original request disproportionate. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing the Board's broad discretion under Workers' Compensation Law § 24. The court concluded that the awarded fee was commensurate with the services rendered, noting the claim's early acceptance and lack of contentious or complex issues.

Workers' CompensationCounsel FeesAttorney FeesSettlement AgreementFee ReductionAppellate ReviewDiscretionary AuthorityBoard DecisionWork-related InjuryBack Injury
References
6
Case No. ADJ7710991
Regular
Aug 19, 2011

IAN STONE vs. TZIMBAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Applicant's attorney sought reconsideration of a 12% attorney fee award on retroactive temporary disability, arguing the case's complexity warranted a higher fee. The Workers' Compensation Appeals Board denied the petition, finding the WCJ's characterization of the case as "average complexity" reasonable. The Board noted the applicant's claim was accepted and the core dispute involved the temporary disability rate. Furthermore, the attorney failed to provide required notice to the applicant regarding the fee request's impact on their recovery.

ADJ7710991Ian StoneTzimbal ConstructionState Compensation Insurance Fundattorney feeretroactive temporary disability indemnityaverage weekly wageLabor Code Section 4453(c)Opinion on DecisionFindings of Fact
References
3
Case No. 2020 NY Slip Op 01880 [181 AD3d 1133]
Regular Panel Decision
Mar 16, 2020

Matter of Barrera v. Corinthian Cast Stone, Inc.

Claimant Jesus Barrera sustained a work-related injury in 2002, leading to a schedule loss of use award. The employer and its workers' compensation carrier sought a transfer of liability for the claim under Workers' Compensation Law § 25-a. A Workers' Compensation Law Judge denied this request, prompting the carrier to file an application for Board review. The Workers' Compensation Board denied the application, citing the carrier's failure to comply with 12 NYCRR 300.13 (b) by not fully completing the application, specifically by omitting the date when the objection was interposed. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as the carrier failed to satisfy the temporal element of the regulation.

Workers' Compensation LawAdministrative ReviewProcedural ComplianceApplication for Board ReviewWorkers' Compensation Board RulesAppellate JurisdictionTransfer of Liability (WCL § 25-a)Schedule Loss of UseTimeliness of ObjectionsRegulatory Interpretation
References
11
Case No. MISSING
Regular Panel Decision

In re the Claim of Duno

The claimant, a security guard for Anthony Stone Investigative & Security Services, Inc. (ASISS), applied for unemployment insurance benefits after approximately 10 months of employment. Following a hearing, an Administrative Law Judge determined that the claimant was an employee of ASISS, making ASISS liable for additional unemployment insurance contributions. The Unemployment Insurance Appeal Board affirmed this determination, prompting ASISS to appeal. The court affirmed the Board's decision, finding substantial evidence to support the finding of an employment relationship based on factors such as ASISS setting pay, assigning locations and hours, providing workers' compensation insurance, and controlling claimant's conduct and dress code.

Unemployment InsuranceEmployment RelationshipSecurity ServicesEmployer LiabilityIndependent ContractorSubstantial EvidenceAppellate ReviewControl TestWorkers' Compensation InsuranceAdministrative Law Judge
References
6
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