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

Case No. 2018 NY Slip Op 08577
Regular Panel Decision
Dec 13, 2018

Quigley v. Port Auth. of N.Y. & N.J.

Plaintiff Thomas Quigley sustained injuries after slipping on snow-covered pipes located directly outside his employer's work site shanty. The case involved claims under Labor Law § 241 (6) based on alleged violations of Industrial Code sections 12 NYCRR 23-1.7 (d), (e)(1), and (e)(2), as well as common-law negligence and Labor Law § 200. The court modified a prior order, denying defendants' motion to dismiss the Labor Law § 241 (6) claim predicated on 12 NYCRR 23-1.7 (d), finding an issue of fact regarding whether the accident occurred in a walkway. It affirmed the dismissal of the claim based on 12 NYCRR 23-1.7 (e)(1) as inapplicable to outdoor areas, but affirmed the denial of dismissal for claims based on 12 NYCRR 23-1.7 (e)(2), 12 NYCRR 23-2.1 (a)(1), common-law negligence, and Labor Law § 200. The appellate court concluded that defendants failed to demonstrate lack of notice regarding the dangerous condition.

Slip and fallConstruction site accidentLabor LawIndustrial CodePremises liabilityDangerous conditionSummary judgmentDuty to warnNoticeAppellate review
References
10
Case No. 2020 NY Slip Op 06470 [188 AD3d 506]
Regular Panel Decision
Nov 12, 2020

Singh v. Manhattan Ford Lincoln, Inc.

Plaintiff Balwinder Singh appealed an order denying his motion for summary judgment on Labor Law § 241 (6) claims and granting defendants' motions to dismiss various claims. The Appellate Division, First Department, modified the Supreme Court's order. The court reinstated Singh's Labor Law § 241 (6) claim (predicated on Industrial Code § 23-1.7 (e)(2)) and his common-law negligence and Labor Law § 200 claims against Manhattan Ford Lincoln, Inc. However, it dismissed the Labor Law § 241 (6) claim (predicated on Industrial Code § 23-1.7 (e)(1)) against Benny & Son Construction Corp. The decision noted triable issues of fact regarding whether the debris causing the slip was integral to Singh's work and MFL's constructive notice of the debris. Industrial Code § 23-1.7 (e)(1) was found inapplicable due to the accident's location in an open area, not a passageway.

Summary JudgmentLabor LawIndustrial CodeWorkplace SafetyConstruction AccidentSlip and FallDebris AccumulationConstructive NoticeAppellate DivisionLiability
References
6
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. MISSING
Regular Panel Decision

Dugandzic v. New York City School Construction Authority

Mirolsav Dugandzic, a painter, sued multiple defendants, including the NYCSCA, Trataros Construction, and Crowe Construction, after slipping on paint remover at Fort Hamilton High School in 1992. He alleged negligence and violations of Labor Law sections 200 and 241(6), and Industrial Code section 23-1.7(d). The defendants moved for summary judgment, arguing the accident was due to his work, they lacked notice of a dangerous condition, and no Labor Law violation. The court found the motions timely and dismissed the Labor Law section 241(6) claim, as the Industrial Code section 23-1.7(d) was deemed inapplicable to the plaintiff's self-created slippery condition. However, the court denied the dismissal of the Labor Law section 200 claim against some defendants, citing a factual dispute over supervisory control. The City's cross-motion for summary judgment was granted, dismissing all claims against it due to a lack of evidence of its supervision or control.

Labor LawIndustrial CodeWorkplace SafetySummary Judgment MotionNegligence ClaimConstruction Site AccidentSlippery FloorEmployer LiabilitySupervisory ControlHazardous Materials
References
11
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that his injury claims were filed after notice of termination. The Board agreed that the applicant's claims were barred under Labor Code sections 3600(a)(10) and 3208.3(e) as they were filed after notice of termination and no exceptions applied. The Board also determined that the defendant's denial letter encompassed both the specific and cumulative trauma claims, thus negating the presumption of compensability under Labor Code section 5402(b).

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJRalphs Grocery Companyindustrial injurypsycheheadright shoulderneck
References
0
Case No. ADJ18803348
Regular
May 30, 2025

FEDERICO PEREZ vs. FIRST BAPTIST CHURCH OF WALNUT CREEK, WALNUT CREEK CHRISTIAN ACADEMY, CHURCH MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration filed by the defendants, First Baptist Church of Walnut Creek, Walnut Creek Christian Academy, and Church Mutual Insurance Company, in the case of applicant Federico Perez. The applicant alleged a right shoulder injury on September 7, 2023. The defendants were admonished for violating WCAB Rule 10945 by misstating material facts and referencing documents not in the trial record. The Board affirmed the WCJ's findings that the applicant provided pre-termination notice of the injury, and established injury arising out of and in the course of employment (AOE/COE) and entitlement to temporary total disability, based on credible testimony and the Panel QME report of Dr. Adam Brooks. The decision also addressed the timeliness of the Board's action on reconsideration petitions under Labor Code section 5909 and the post-termination defense under Labor Code section 3600(a)(10).

WCABPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management SystemEAMSTransmission of CaseNotice of TransmissionReport and RecommendationWCAB Rule 10945Misstatement of Facts
References
6
Case No. MISSING
Regular Panel Decision

DeGabriel v. Strong Place Realty, LLC

This case concerns motions for reargument and renewal following a workplace accident. Plaintiff Cesar DeGabriel was injured when an I beam fell on his leg at a construction site. Plaintiff sued defendants Rockledge Scaffold Corp., Strongrew Realty, LLC, and Strong Place Realty, LLC, alleging violations of Labor Law §§ 200, 240(1), and 241(6). Defendant Rockledge moved to reargue the partial denial of its summary judgment motion on Labor Law § 200 and common-law negligence claims. Plaintiff cross-moved to reargue and renew the dismissal of his Labor Law § 240(1) claim and the court's finding regarding Industrial Code § 23-1.7(e)(2). The court denied Rockledge's motion, finding issues of fact regarding negligent stacking of I beams under Labor Law § 200. The court also denied plaintiff's motions, ruling that Labor Law § 240(1) was inapplicable as the I beam was stationary, and Industrial Code § 23-1.7(e)(2) did not apply, suggesting § 23-2.1 was more relevant. Both the defendant's and plaintiff's motions were ultimately denied.

Workplace accidentLabor Law claimsSummary judgment motionReargumentRenewal motionFalling object injuryConstruction site safetyCommon-law negligenceIndustrial Code violationsPremises liability
References
11
Case No. ADJ7497019
Regular
Mar 14, 2019

ROBERT WILLIAM BATES vs. COUNTY OF SAN MATEO, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board affirmed a prior award finding the applicant sustained two cumulative heart injuries as a deputy sheriff. The defendant sought to apportion permanent disability between these injuries, citing Labor Code section 4664(a) and the *Benson* case. However, the Board ruled that Labor Code section 4663(e) prohibits apportionment to causation for injuries presumed industrial under Labor Code section 3212, overriding general apportionment rules. Therefore, the applicant's full permanent disability rating was awarded without apportionment.

Workers Compensation Appeals BoardCumulative InjuryHeart Trouble PresumptionLabor Code Section 3212ApportionmentLabor Code Section 4663(e)Benson v. WCABDeputy SheriffPermanent DisabilityAgreed Medical Evaluator
References
15
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