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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision

Salomon v. Adderley Industries, Inc.

Plaintiffs Geordany J. Salomon, Donielle Lewis, Dwight Edghill, and Shanroy Powell sought to amend their complaint against Adderley Industries, Inc. to include American Communications Industries, Inc. and several individuals (Lawrence Presser, Joseph Misseri, Vincent Cestaro) as additional defendants. They also requested to add a new claim under New York Labor Law Section 195. Judge Paul A. Crotty of the Southern District of New York reviewed the motion, applying Federal Rules of Civil Procedure 15(a) and 16(b). The court granted the motion to add the new corporate and individual defendants, finding that the plaintiffs were diligent in seeking the amendment after new information emerged during discovery and that the proposed claims of employer status were plausible under the FLSA and NYLL. However, the request to add the NYLL § 195 claim was denied because the plaintiffs failed to demonstrate sufficient good cause for its late inclusion.

Amendment of PleadingsJoinder of PartiesEmployer LiabilityFair Labor Standards ActNew York Labor LawWage and Hour ClaimsDiscoveryGood Cause StandardUndue DelayFutility of Amendment
References
36
Case No. MISSING
Regular Panel Decision

Claim of Foulton v. Martec Industries

The claimant, a laborer for Martec Industries, sought workers' compensation benefits for a back injury allegedly sustained on June 7, 2006. Martec and its workers' compensation carrier controverted the claim, citing the claimant's history of prior back injuries in 1998 and 2000. A Workers' Compensation Law Judge initially awarded benefits, concluding the June 7, 2006 incident constituted an accidental work-related aggravation of prior injuries, a decision affirmed by the Workers' Compensation Board. On appeal, the court reversed the Board's decision, finding insufficient evidence that the June 7, 2006 incident caused a new disability. Evidence showed the claimant had experienced chronic back pain since 1998, and physicians attributed his disability primarily to preexisting conditions. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationBack InjuryAggravationPreexisting ConditionMedical EvidenceDisability BenefitsAppellate ReviewReversalRemittalEmployer Liability
References
3
Case No. 07-01464
Regular Panel Decision

GII Industries, Inc. v. New York State Department of Transportation (In re GII Industries, Inc.)

Grace Industries, Inc. filed a complaint against the New York State Department of Transportation (DOT) seeking payment for services rendered under a contract to reconstruct the West Side Highway. The core dispute revolved around the appropriate cost methodology for Grace's damage claim and entitlement to prejudgment interest due to pervasive changes (restaging) in the project plan. The court determined that Grace was not contractually obligated to maintain specific MURK records given the parties' pursuit of an Agreed Price Approach and the DOT's waiver of such requirements. Ultimately, the court ruled that Grace should calculate its damages using the total cost method due to the pervasive and interconnected nature of the increased costs caused by the project's restaging, and granted prejudgment interest from May 8, 2003, concluding that the OSC audit was flawed and did not provide reasonable cause to believe payments were not due.

Construction ContractBreach of ContractDamage ClaimTotal Cost MethodPrejudgment InterestProject RestagingDiffering Site ConditionWaiver of Contractual TermsPublic ContractsNew York State Finance Law
References
25
Case No. MISSING
Regular Panel Decision

Enderlin v. Hebert Industrial Insulation, Inc.

Plaintiff, George D. Enderlin, an employee of Salhen Enterprises, Inc., sustained a back injury while working on an asbestos removal project at the Ginna Nuclear Power Plant, owned by Rochester Gas & Electric (RG&E) and contracted by Hebert Industrial Insulation, Inc. He twisted his back when a power screw gun slipped while he was on a stepladder, prompting him to grab a pipe to steady himself, though he did not fall. Enderlin and his wife filed an action alleging violations of Labor Law §§ 200 and 241, which was initially denied summary judgment by the Supreme Court for the defendants. However, the appellate court reversed this decision, finding insufficient evidence that RG&E or Hebert supervised the work for Labor Law § 200 liability. Furthermore, the court determined that the alleged violation of 12 NYCRR 23-1.21 (e) regarding stepladder security was not the proximate cause of the accident, leading to the dismissal of the complaint.

Construction accidentLabor LawWorkplace safetySummary judgmentProximate causeStepladderAsbestos removalPersonal injuryAppellate reviewMonroe County
References
13
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. ADJ10275361
Regular
Jan 27, 2020

RUSSELL MCFADDEN (deceased); RENEE MCFADDEN, JAZMINE MCFADDEN, and RUSSELL MCFADDEN, II vs. KEOLIS TRANSIT AMERICA; LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a judge's decision denying a death benefit claim for Russell McFadden, who died by suicide. The applicant contended his death resulted from an industrial psychiatric injury due to occupational stress. Medical evidence indicated that industrial factors were only a 35% cause of the decedent's psychiatric disorder, with significant pre-existing conditions and drug use being the predominant causes. Furthermore, the Board found no evidence that the suicide was an irresistible impulse, distinguishing it from cases where an industrial injury directly causes a mental condition that prevents resistance to suicide. Therefore, the claim was denied based on the psychiatric injury not being predominantly industrially caused and the suicide not meeting the criteria for compensability.

Workers Compensation Appeals BoardRenee McFaddenKeolis Transit AmericaLiberty Mutual Insurance CompanyADJ10275361Opinion and Decision After ReconsiderationIndustrial Psychiatric InjuryOccupational Stress and StrainCompensable Death ClaimLabor Code Section 3600(a)(6)
References
6
Case No. 2022 NY Slip Op 00150 [201 AD3d 491]
Regular Panel Decision
Jan 11, 2022

Tolk v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff, Jeffrey Tolk, appealed an order granting summary judgment to defendant CJS Industries Inc. The Appellate Division, First Department, modified the Supreme Court's order to reinstate the plaintiff's Labor Law § 241 (6) claim, which was predicated on a violation of 12 NYCRR 23-1.7 (d). The court determined that the staircase where the plaintiff fell could be considered a passageway under the Industrial Code because it was the general means of access to the work site. However, the court affirmed the dismissal of plaintiff's Labor Law § 200 and common-law negligence claims, finding no evidence that CJS Industries Inc. caused the wet condition on the staircase or had actual or constructive notice of it.

Labor Law § 241(6)Industrial CodePassagewayStaircase AccidentSummary JudgmentNegligenceConstruction SitePremises Liability12 NYCRR 23-1.7 (d)Third-Party Action
References
4
Case No. MISSING
Regular Panel Decision

Bethlehem Steel Co. v. Industrial Union of Marine & Shipbuilding Workers

This case addresses a motion by the defendant, Seafarers International Union, to dismiss the third cause of action in a complaint. The plaintiff alleges that the defendants conspired to induce its employees to violate a collective bargaining agreement and engage in a secondary boycott, thereby forcing the plaintiff to cease doing business with another entity. The core legal question is whether a conspiracy to commit acts prohibited by Section 303 of the Labor Management Relations Act of 1947 (29 U.S.C.A. § 187), which targets secondary boycotts, is actionable. The court reviewed previous Supreme Court decisions affirming the broad scope of Section 303. Ultimately, the court concluded that the third cause of action adequately states a claim for relief under Section 303. Therefore, the defendant's motion to dismiss was denied.

Labor LawSecondary BoycottConspiracyMotion to DismissLabor Management Relations ActCollective BargainingFederal JurisdictionStatutory InterpretationUnion Dispute
References
4
Case No. MISSING
Regular Panel Decision

Textile Workers Pension Fund v. Findlay Industries, Inc.

The Textile Workers Pension Fund sued Findlay Industries Inc. for alleged unpaid contributions related to vacation and holiday pay, seeking back contributions, liquidated damages, and injunctive relief. Findlay Industries Inc. maintained that its collective bargaining agreements with four local unions only required contributions for 'hours worked,' not for vacation or holiday pay. The court found that Findlay had consistently contributed based on 'hours worked' since 1973, and the Fund had knowingly accepted this interpretation for many years. Despite previous audits and demands, the Fund's claims for additional contributions were rejected, and the court ruled that the collective bargaining agreements required contributions only for 'hours worked.' Consequently, all claims by the plaintiff Fund were dismissed on the merits.

Pension Fund DisputeCollective Bargaining AgreementHours WorkedVacation PayHoliday PayERISALMRAContract InterpretationEmployer ContributionsTrust Fund
References
1
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