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

Case No. MISSING
Regular Panel Decision

Refined Sugars, Inc. v. Local 807 Labor-Management Pension Fund

This case involves Refined Sugars, Inc. (RSI) challenging a withdrawal liability claim brought by the Local 807 Labor-Management Pension Fund and its Board of Trustees under ERISA and MPPAA. RSI filed for a declaratory judgment, arguing it was not an 'employer' subject to such liability. The court analyzed the definition of 'employer' under ERISA Title IV and Title I, concluding that RSI did not meet the criteria, particularly regarding common control with the direct employer, Francrete Corporation. Additionally, the court rejected the application of common law criteria and the joint employer theory. Consequently, RSI's motion for summary judgment was granted, and the defendants' cross-motion was denied, finding RSI not liable for withdrawal contributions.

ERISAMPPAAWithdrawal LiabilityMulti-employer Pension PlanSummary JudgmentEmployer DefinitionCommon ControlIndependent ContractorJoint EmployerPension Fund
References
10
Case No. MISSING
Regular Panel Decision

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. MISSING
Regular Panel Decision

Control Network Communications, Inc. v. International Brotherhood of Electrical Workers

Plaintiff Control Network Communications, Inc. (CNC) initiated an action against defendant International Brotherhood of Electrical Workers, Local Union No. 236, alleging breach of contract and fraud under the Labor Management Relations Act (LMRA). CNC contended that Local 236 violated a 'most favored nations' clause in their collective bargaining agreement by offering more favorable terms to another employer, Adirondack Cabling. CNC's grievance was ultimately denied by the Labor Management Committee (LMC). The court granted Local 236's motion to dismiss, finding the LMC's decision on the breach of contract claim to be final and binding due to CNC's failure to timely petition for vacation. Additionally, the court ruled that CNC's fraud claim was preempted by the LMRA, as its resolution required interpretation of the collective bargaining agreement.

Breach of contractFraud claimLabor Management Relations Act (LMRA)Most favored nations clauseCollective bargaining agreement (CBA)Grievance procedureMotion to dismissFederal preemptionLabor Management Committee (LMC)Final and binding determination
References
20
Case No. MISSING
Regular Panel Decision

Reyes v. Arco Wentworth Management Corp.

The plaintiff, German Reyes, was injured while employed by Grasskeepers Landscaping, Inc. on property owned by Ramapo Cirque Homeowners Association, Inc. and managed by Arco Wentworth Management Corporation. The injury occurred when his lawn mower entered a hole, causing it to tip and injure his leg. Reyes filed a lawsuit alleging common-law negligence and violations of Labor Law §§ 200 and 241 (6), citing both unsafe premises conditions and defective equipment due to the absence of an emergency shut-off switch. Ramapo moved for summary judgment, arguing it lacked supervisory control over the work and that the work was routine maintenance, thus falling outside the scope of Labor Law § 241 (6). The court denied Ramapo's motion for summary judgment, determining that Ramapo failed to meet its prima facie burden regarding premises liability and that a triable issue of fact existed under Labor Law § 241 (6). The court also discussed the inadmissibility of the plaintiff's English-language affidavit without a qualified translator's affidavit, but noted that other admissible evidence, such as the translated deposition transcript, still raised sufficient issues of fact to defeat summary judgment. Arco's separate motion for summary judgment was denied as premature.

Workers' CompensationPremises LiabilityDangerous EquipmentSummary JudgmentLabor LawNotice RequirementSupervision and ControlConstruction SafetyExcavationOSHA Violations
References
45
Case No. 2021 NY Slip Op 02200 [193 AD3d 1199]
Regular Panel Decision
Apr 08, 2021

Matter of Mayo (Epstein--Commissioner of Labor)

Geraldine M. Mayo filed a claim for unemployment insurance benefits after her employment as a property manager for Stephen P. Epstein, a court-appointed receiver, concluded. The Department of Labor initially determined that Mayo was an employee of Epstein in his capacity as receiver, a finding upheld by an Administrative Law Judge and the Unemployment Insurance Appeal Board. The Appellate Division, Third Department, affirmed the Board's decision. The court found substantial evidence to support the finding of an employer-employee relationship, noting Epstein's control over Mayo's tasks, the need for his approval for significant management decisions, and his handling of property expenses. The court also rejected Epstein's argument that deeming a receiver an employer impinged upon judicial authority or public policy, citing Labor Law § 512 (1).

Unemployment Insurance BenefitsEmployer-Employee RelationshipReceiver LiabilityProperty ManagementAdministrative LawAppellate ReviewSubstantial EvidenceJudicial AuthorityLabor LawUnemployment Insurance Appeal Board
References
8
Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Oct 20, 1993

Olsen v. We'll Manage, Inc.

The case concerns an appeal by We'll Manage, Inc. from an order denying its cross motion for summary judgment in an action brought by plaintiff Gary Olsen under Labor Law §§ 240 and 241. We'll Manage, Inc. contended that Olsen was its special employee, providing evidence of direct supervision, work assignments, the right to fire him, and payment signed by its personnel, despite his wages being drawn from a general employer's account. The court found this established a special employment relationship. As Olsen received workers' compensation benefits from his general employer, he is statutorily barred from maintaining an action against the special employer. Consequently, the appellate court reversed the lower court's order, granted We'll Manage, Inc.'s cross motion, and dismissed the complaint against the appellant.

Special EmployeeWorkers' Compensation BarSummary JudgmentLabor LawDirect SupervisionControlAffidavitDeposition TestimonyGeneral EmployerAppellate Reversal
References
6
Case No. ADJ8094646
Regular
Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813
References
0
Case No. 2017 NY Slip Op 03787 [150 AD3d 910]
Regular Panel Decision
May 10, 2017

Robinson v. National Grid Energy Management, LLC

Joseph Robinson, an electrical foreman, was injured after falling from an aerial bucket that malfunctioned while he was attempting to exit it. He and his wife sued National Grid Energy Management, LLC, T-Mobile USA, Inc., and Omnipoint Communications, Inc., alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court granted summary judgment to the T-Mobile defendants on the Labor Law claims and denied the plaintiffs' cross-motion. The Appellate Division, Second Department, affirmed this decision. It found that the bucket truck was not defective in providing fall protection under Labor Law § 240 (1) and rejected the recalcitrant worker defense, while also concluding that Labor Law § 241 (6) did not apply as the work was not construction, demolition, or excavation.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewFall from HeightWorkplace AccidentAerial LiftTelecommunicationsNegligenceDuty to Provide Safety Devices
References
14
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