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

Case No. 2020 NY Slip Op 01251
Regular Panel Decision
Feb 20, 2020

Ramos v. 110 Bennett Ave., LLC

Alejo Ramos, an employee, sustained an accident on the property of 110 Bennett Avenue, LLC (Owner). Owner sought summary judgment, arguing Ramos was their 'special employee,' which would limit their liability. The court found no evidence that Owner exercised exclusive control over Ramos's work, despite him being the property superintendent. Evidence showed that Rose Associates, Inc. employees supervised and directed Ramos's work. The court determined that general instructions and wage reimbursements by Owner were insufficient to establish a special employment relationship. The management agreement between Owner and Rose also designated Ramos as an employee of Rose. Therefore, the denial of the Owner's motion for summary judgment was unanimously affirmed.

Special Employee DoctrineSummary Judgment MotionAppellate ReviewControl Over WorkEmployment RelationshipGeneral EmployerProperty ManagementLiability DisputeWorkers' Compensation ImplicationsLegal Precedent
References
6
Case No. 2019 NY Slip Op 00629 [168 AD3d 1112]
Regular Panel Decision
Jan 30, 2019

Ramos-Perez v. Evelyn USA, LLC

Felipe Ramos-Perez was injured while unloading flooring materials from a truck at a construction site. A hydraulic lift was used to lower heavy pallets, one of which fell and struck the plaintiff. Ramos-Perez commenced an action alleging a violation of Labor Law § 240 (1) against the property owners, Robert Soha Retail, LLC, and Soha Retail Equities, LLC (the Soha defendants). The Supreme Court initially granted the Soha defendants' motion for summary judgment and denied Ramos-Perez's cross-motion for summary judgment on liability. The Appellate Division, Second Department, reversed this decision, finding that the plaintiff established a prima facie violation of Labor Law § 240 (1) due to the failure to provide an appropriate safety device, which was the proximate cause of the injury. Therefore, the Appellate Division denied the Soha defendants' motion and granted the plaintiff's cross-motion for summary judgment on liability.

construction accidentpersonal injuryLabor Lawsummary judgmentliabilityhydraulic liftfalling objectproximate causesafety deviceAppellate Division
References
7
Case No. CA 10-02273
Regular Panel Decision
Oct 07, 2011

MAZURETT, JUAN v. ROCHESTER CITY SCHOOL DISTRICT

The plaintiffs, Juan Mazurett and Theresa Mazurett, commenced a Labor Law and common-law negligence action against the Rochester City School District after Juan Mazurett was injured in a fall from a collapsing scaffold at a construction site. The accident occurred while he was attempting to climb the scaffold provided by his employer, the general contractor. The Supreme Court granted the plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 (1) and partially denied the defendant's cross motion for summary judgment. The Appellate Division affirmed the Supreme Court's order, concluding that the plaintiffs established a prima facie violation of Labor Law § 240 (1) due to the scaffold's collapse. The court rejected the defendant's argument that the plaintiff's conduct was the sole proximate cause of the accident, finding no evidence that the plaintiff refused to use available safety devices.

Personal InjuryScaffold AccidentLabor Law ViolationConstruction Site SafetyProximate CauseSummary Judgment MotionAppellate ReviewWorker SafetyStatutory DutyNew York Law
References
11
Case No. 2025 NYSlipOp 01249 [236 AD3d 693]
Regular Panel Decision
Mar 05, 2025

Ramos v. Kent & Wythe Owners, LLC

Plaintiff Vidal Ramos was injured while working as a laborer for R&M Repairs and Maintenance, Inc., a subcontractor at a construction site, when an A-frame cart carrying sheetrock overturned, trapping his legs and waist. He sued Kent & Wythe Owners, LLC, and related entities (L&M defendants) under Labor Law §§ 240(1), 241(6), and 200. The Supreme Court denied Ramos's motion for summary judgment on Labor Law § 240(1), denied leave to amend his bill of particulars, and granted the defendants' motions to dismiss the complaint. The Appellate Division affirmed the Supreme Court's decisions regarding Labor Law §§ 240(1) and 241(6) claims and the denial of leave to amend. However, it modified the order by denying the defendants' motions for summary judgment on the Labor Law § 200 claim, finding that the defendants failed to establish prima facie that they were not liable.

Personal InjuryConstruction AccidentLabor LawSummary JudgmentAppellate ReviewPremises LiabilityWorker SafetyA-frame Cart AccidentSheetrock MovementSubcontractor Liability
References
30
Case No. CV-24-0601
Regular Panel Decision
Oct 02, 2025

In the Matter of the Claim of Juan Duta-Zumba

In July 2022, claimant Juan Duta-Zumba filed a workers' compensation claim for injuries sustained in a ladder fall while working for Level 5 Carpentry. The employer and its carrier, Urban Atelier Group, LLC and SiriusPoint America Insurance, controverted the claim, disputing employment. A Workers' Compensation Law Judge (WCLJ) credited claimant's testimony, establishing Level 5 Carpentry as the employer and confirming work-related injuries. The Workers' Compensation Board affirmed this decision. The carrier appealed, contending the accident was unwitnessed and their due process rights were violated. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding substantial evidence supported the Board's findings regarding the accident and injuries, and that the carrier received adequate due process.

Workers' CompensationLadder FallWork-Related InjuryCredibility DeterminationDue ProcessStatutory PresumptionAppellate ReviewEmployment DisputeMedical EvidenceThird Judicial Department
References
14
Case No. 2025 NY Slip Op 05325
Regular Panel Decision
Oct 02, 2025

Ramos v. Ford Found.

Plaintiff Miguel Ramos was injured when struck by a falling scaffold component. The Supreme Court initially denied summary judgment to defendants Ford Foundation and Henegan Construction Co., Inc. on plaintiff's Labor Law §§ 200 and 240 (1) and common-law negligence claims, and on their contractual indemnification claim against Harbour Mechanical Corporation. Additionally, the Supreme Court granted plaintiff's motion for partial summary judgment on his Labor Law § 240 (1) claim and dismissed Ford and Henegan's second third-party complaint. The Appellate Division modified this order, vacating the dismissal of the contractual indemnification claim. It further granted Ford and Henegan conditional contractual indemnification from Harbour, while otherwise affirming the Supreme Court's decision, including the grant of summary judgment to plaintiff on his Labor Law § 240 (1) claim.

Labor Law § 240(1)Scaffold AccidentFalling ObjectsSummary JudgmentContractual IndemnificationThird-Party ActionSubcontractor LiabilityConstruction Site SafetyAppellate ReviewNegligence Claims
References
6
Case No. 533094
Regular Panel Decision
May 26, 2022

In the Matter of the Claim of Juan Bidot

Juan A. Bidot, a probation officer, filed an occupational disease claim for workers' compensation benefits, alleging he developed posttraumatic stress disorder, anxiety, and depression due to prolonged exposure to sex offenders. Initially, a Workers' Compensation Law Judge established the claim. However, the Workers' Compensation Board reversed this decision, disallowing the claim because Bidot failed to demonstrate that his psychological stress was greater than that experienced by similarly situated officers. Bidot appealed the Board's denial of his request for reconsideration and/or full Board review. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as Bidot failed to present newly discovered evidence or a material change in condition.

Occupational DiseasePosttraumatic Stress DisorderPTSDMental HealthWorkers' Compensation ClaimAppellate ReviewJudicial DiscretionReconsideration ApplicationBoard ReviewProbation Officer
References
9
Case No. 532061
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Juan Abad

Claimant Juan Abad, a general employee of Vanety's Service, LLC and special employee of ACME Furniture, sustained injuries from a fall and filed for workers' compensation benefits. Initially, a Workers' Compensation Law Judge found Vanety's 100% liable. The Workers' Compensation Board later modified this decision, establishing a general/special employment relationship and equally apportioning liability between Vanety's and ACME. ACME appealed, contesting the apportionment and alleging a denial of due process. The Appellate Division, Third Judicial Department, affirmed the Board's decision, finding the apportionment to be within the Board's discretion and the due process claim to be unsubstantiated by the record.

Workers' Compensation BenefitsGeneral/Special EmploymentLiability ApportionmentStaffing AgencyAppellate DivisionDue ProcessBoard Decision ModificationCarrier AppealInjuryLadder Fall
References
6
Case No. 98 Cr. 1038(SWK)
Regular Panel Decision
Feb 27, 2006

United States v. Ramos

Defendant Mario Ramos moved to dismiss his indictment, arguing a violation of his Sixth Amendment right to a speedy trial and the Speedy Trial Act, 18 U.S.C. §§ 3161-3174. Ramos, indicted in September 1998 for cocaine distribution conspiracy, was not arrested until March 2004. The Government contended Ramos was a fugitive during this period, exercising due diligence in its efforts to apprehend him by listing his information in national databases, conducting surveillance, and interviewing sources who indicated he fled to the Dominican Republic. Despite Ramos's claims of residing openly in New York and presenting evidence like a renewed driver's license, the Court found his evidence insufficient and his testimony less credible. The Court ultimately denied the motion, concluding that Ramos was primarily to blame for the pre-arrest delay, and any government negligence was minor and did not warrant dismissal.

Speedy Trial ActSixth AmendmentCriminal ProcedureFugitive StatusCocaine Distribution ConspiracyMotion to DismissGovernment Due DiligencePre-arrest DelayCredibility AssessmentFederal Criminal Law
References
20
Case No. MISSING
Regular Panel Decision

Ramos v. Triborough Bridge & Tunnel Authority

In this personal injury action, Raymond Ramos and Antonio Mayo were injured when Ramos's car collided with a stopped TBTA tow truck driven by Franklin Daniels on the Whitestone Bridge. Actions were brought against TBTA and Daniels for negligence in failing to set cones or illuminate directional arrows. A jury awarded damages to Antonio Mayo, Marilyn Mayo, and Raymond Ramos, apportioning liability 65% to TBTA and 35% to Ramos. The IAS Court conditionally ordered a new trial on damages if plaintiffs did not accept reduced awards; Antonio Mayo stipulated, but Marilyn Mayo and Ramos did not. The appellate court affirmed the jury's liability determination and the IAS Court's conditional order for a new trial, rejecting TBTA's arguments regarding legislative mandates, professional judgment standards, and pleading technicalities.

Personal InjuryAutomobile AccidentNegligenceComparative NegligenceDamagesJury VerdictAppellate ReviewTow Truck OperationsPublic Authorities LawCivil Procedure
References
3
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