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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

Mosher v. St. Joseph's Villa

Dennis B. Mosher was injured when he fell from a ladder while clearing land for the construction of a parking lot and building owned by St. Joseph’s Villa. He and his wife filed an action against St. Joseph’s Villa and Seneca Roadways, Inc., alleging common-law negligence and violations of Labor Law §§ 200, 240, and 241. The Supreme Court initially dismissed the Labor Law § 240 (1) cause of action against both defendants and the negligence cause of action against St. Joseph’s Villa. On appeal, the order was modified. The Appellate Court granted partial summary judgment to the plaintiffs on the Labor Law § 240 (1) claim against St. Joseph’s Villa, determining that tree removal was incidental to construction. However, the dismissal of the common-law negligence claim against St. Joseph’s Villa and the Labor Law § 240 (1) claim against Seneca Roadways was affirmed, as St. Joseph’s Villa did not supervise the work and Seneca Roadways was not an owner or responsible contractor.

Ladder FallSite PreparationConstruction AccidentSummary JudgmentLabor Law § 240(1)Owner LiabilityContractor LiabilityCommon-Law NegligenceAppellate ReviewPremises Liability
References
10
Case No. ADJ11604315
Regular
Mar 20, 2023

JOSEPH HERNANDEZ vs. PLEASANT VALLEY STATE PRISON, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILATION, STATE COMPENSATION INSURANCE FUND

This case concerns Joseph Hernandez's workers' compensation claim for heart trouble against Pleasant Valley State Prison. The applicant's claim was initially denied but subsequently granted after reconsideration. The defendant's Petition for Reconsideration was denied by the Appeals Board. The core issue revolved around the timing of the applicant's hypertension diagnosis, with the defense relying on a non-existent medical record to establish it as pre-existing. The Board found the defendant failed to rebut the statutory heart trouble presumption for correctional officers.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedADJ11604315Pleasant Valley State PrisonCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundJoseph HernandezCorrections Officer
References
7
Case No. 2014 NY Slip Op 05293 [119 AD3d 718]
Regular Panel Decision
Jul 16, 2014

Caiazzo v. Mark Joseph Contracting, Inc.

Ronald Caiazzo, Jr. sued Mark Joseph Contracting, Inc., Julia Coen, and Ana Reyes for personal injuries sustained while installing an air conditioning system at a house owned by Julia Coen. Caiazzo fell from a makeshift step, alleging violations of Labor Law §§ 200, 240(1), 241(6) and common-law negligence. The Supreme Court initially granted summary judgment dismissing certain claims. On appeal, the Appellate Division affirmed the dismissal of Labor Law §§ 200, 240(1), and 241(6) claims against Mark Joseph Contracting, Inc., and Labor Law §§ 240(1) and 241(6) claims against Julia Coen, citing the homeowner exemption for Coen. However, the court reversed the denial of summary judgment to Mark Joseph Contracting, Inc. on the common-law negligence claim, granting dismissal. The denial of summary judgment for Julia Coen on Labor Law § 200 and common-law negligence was affirmed, as triable issues of fact remained regarding her notice of a dangerous condition.

Personal InjuryLabor LawConstruction SiteSummary JudgmentCommon-law NegligenceElevated Work SiteDangerous ConditionHomeowner ExemptionAppellate ReviewSuffolk County
References
25
Case No. 2022 NY Slip Op 00922 [202 AD3d 1243]
Regular Panel Decision
Feb 10, 2022

Matter of Joseph v. Historic Hudson Val. Inc.

Cathleen Joseph sustained work-related injuries in August 2017 and was subsequently laid off in February 2018. Her claim for workers' compensation benefits was established for various conditions, including postconcussion syndrome. Although a Workers' Compensation Law Judge initially found her attached to the labor market, the Workers' Compensation Board modified this decision, ruling that Joseph failed to demonstrate an attachment and rescinded awarded benefits. The Appellate Division, Third Department, affirmed the Board's determination. The court found substantial evidence supported the Board's conclusion that Joseph did not actively participate in job location services or conduct a diligent, independent job search within her medical restrictions.

Workers' CompensationLabor Market AttachmentMedical RestrictionsVocational RehabilitationDisability BenefitsAppellate ReviewSubstantial EvidenceJob SearchWorkers' Compensation BoardPostconcussion Syndrome
References
6
Case No. 2021 NY Slip Op 02157 [193 AD3d 733]
Regular Panel Decision
Apr 07, 2021

Matter of Hernandez v. Port Wash. Union Free Sch. Dist.

Edwin Hernandez, a motor equipment operator, was terminated from his employment with the Port Washington Union Free School District after sustaining injuries on the job and subsequently being charged with misconduct for allegedly being out of work on workers' compensation while able to perform his duties. Following a hearing pursuant to Civil Service Law § 75, a hearing officer found Hernandez guilty of 14 disciplinary charges and recommended termination, which the District adopted. Hernandez commenced a CPLR article 78 proceeding to challenge the determination. The Appellate Division, Second Department, reviewed the administrative determination, finding it was supported by substantial evidence and that the penalty of termination was not shocking to one's sense of fairness, thus confirming the determination and dismissing the petition.

Employee TerminationMisconductCivil Service Law § 75CPLR Article 78Administrative ReviewSubstantial EvidenceAppellate ReviewWorkers' Compensation LeaveDisciplinary ChargesPublic Employment
References
8
Case No. MISSING
Regular Panel Decision
Feb 24, 1998

Hernandez v. Jackson, Lewis, Schnitzler & Krupman

Plaintiff Sumaira Hernandez filed an action against her employer, Defendant Jackson Lewis, alleging quid pro quo and hostile work environment sexual harassment, unlawful retaliation, and unlawful discrimination based on race and national origin, pursuant to Title VII and the New York Human Rights Law. Hernandez claimed that a billing coordinator, Mr. Mack, solicited sexual favors in exchange for overtime, and that the comptroller, Mr. Patterson, engaged in discriminatory practices regarding work assignments, bonuses, and promotions, and responded inappropriately to her complaints. The defendant moved for summary judgment, arguing prompt action and insufficient evidence for various claims. The Court denied the motion for summary judgment on all claims, finding triable issues of fact regarding employer liability, quid pro quo harassment, hostile work environment, discrimination, and retaliation.

Sexual HarassmentHostile Work EnvironmentQuid Pro QuoRetaliationDiscriminationRace DiscriminationNational Origin DiscriminationTitle VIINew York Human Rights LawSummary Judgment Motion
References
16
Case No. MISSING
Regular Panel Decision

Pereira v. St. Joseph's Cemetery

The plaintiff, a cemetery worker named Pereira, appealed an order from the Supreme Court, Westchester County, which dismissed his personal injury complaint against St. Joseph’s Cemetery, Church of St. Joseph, and the Archdiocese of New York, based on res judicata. Pereira had previously filed a similar action alleging intentional tort, but it was dismissed on appeal because the allegations did not meet the intentional tort exception to Workers' Compensation Law § 29. In the current second action, Pereira rephrased his intentional tort allegations, and the defendants again moved to dismiss, this time citing res judicata, which the Supreme Court granted. The appellate court reversed the Supreme Court's decision, ruling that a prior dismissal for failure to state a cause of action is generally not on the merits and therefore does not trigger the doctrine of res judicata. Consequently, the appellate court denied the defendants' motion to dismiss, allowing the plaintiff's second action to proceed.

Personal InjuryRes JudicataWorkers' Compensation LawIntentional TortMotion to DismissFailure to State a Cause of ActionAppellate ReversalPrior DismissalOn the MeritsCemetery Worker
References
6
Case No. 2021 NY Slip Op 03378
Regular Panel Decision
May 27, 2021

Hernandez v. 767 Fifth Partners, LLC

Tommy Hernandez, the plaintiff, was injured when the plywood platform of a baker's scaffold collapsed beneath him while he was installing window soffits. He moved for partial summary judgment on his Labor Law § 240 (1) claim, which was granted by the Supreme Court, New York County. The third-party defendant, J.P. Phillips, Inc., appealed, arguing that Hernandez was the sole proximate cause of the accident. However, Phillips failed to provide proof that the scaffold was an adequate safety device. The Appellate Division, First Department, unanimously affirmed the lower court's order, finding that potential comparative negligence did not preclude summary judgment as Phillips's foreman was aware of workers moving scaffolds in the manner described.

Scaffold CollapseLabor Law 240(1)Summary JudgmentAppellate AffirmationWorkplace AccidentConstruction SafetyThird-Party ActionComparative NegligenceNew York Appellate DivisionWorker Injury
References
3
Case No. MISSING
Regular Panel Decision
May 02, 1989

Hernandez v. New York City

The plaintiff, Antonio Hernandez, was seriously injured after falling through an unguarded opening during a reconstruction project at the St. George Terminal of the Staten Island Ferry. He sued the City of New York, as owner, and Sylvestri Contracting Corporation, the general contractor, alleging a violation of Labor Law § 241 for failing to provide proper safeguards. Hernandez moved for partial summary judgment on liability, but the Supreme Court, Richmond County, denied his motion. This appellate court affirmed that denial, finding a factual issue as to whether the opening was 'reasonably required for proper construction,' which is a statutory exception to the planking requirement under Labor Law § 241 (4). Therefore, the plaintiff did not establish a right to judgment as a matter of law regarding the defendants' duty.

Personal InjuryConstruction AccidentLabor LawSummary JudgmentStatutory ExceptionPlanking RequirementNondelegable DutyGeneral Contractor LiabilityOwner LiabilityAppellate Review
References
4
Case No. 532739
Regular Panel Decision
Feb 10, 2022

In the Matter of the Claim of Cathleen Joseph

Cathleen Joseph appealed a Workers' Compensation Board decision which found she failed to demonstrate attachment to the labor market after a work-related injury in August 2017. After being laid off in February 2018, her subsequent claim for benefits was established, and a Workers' Compensation Law Judge initially found her attached to the labor market. However, the Board modified this decision, rescinding benefits. The Appellate Division affirmed the Board's determination, concluding that substantial evidence supported the finding that Joseph did not actively participate in job location services or conduct a diligent independent job search within her medical restrictions, despite her efforts to contact vocational programs.

Workers' CompensationLabor Market AttachmentTemporary Partial DisabilityMedical RestrictionsJob SearchSubstantial EvidenceAppellate DivisionWorkers' Compensation BoardPro SeConcussion Syndrome
References
6
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