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

Case No. 2023 NY Slip Op 01392 [214 AD3d 1332]
Regular Panel Decision
Mar 17, 2023

What Happened in Felix vs. Weber Metals Reconsideration?

The Niagara Falls Captains and Lieutenants Association, as petitioner, appealed an order from the Supreme Court, Niagara County, which denied their petition to vacate an arbitration award. The arbitration award had previously denied the association's grievances against the City of Niagara Falls. The petitioner contended that the award should be vacated because it failed to meet the standards of finality and definiteness required by CPLR 7511 (b) (1) (iii). The Appellate Division, Fourth Department, affirmed the lower court's order, emphasizing the extremely limited judicial review of arbitration awards. The court found that the award sufficiently defined the parties' rights and obligations regarding the alleged violation of their collective bargaining agreement or past practice concerning the filling of six vacancies by the City. Ultimately, the court concluded that the award was definite and final, resolving the submitted controversy without creating new ambiguities.

Arbitration AwardVacate AwardFinalityDefinitenessCPLR 7511Collective Bargaining AgreementGrievancesJudicial ReviewAppellate DivisionPublic Sector Employment
References
9
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case addresses liability under Labor Law § 240 (1) for a plaintiff who fell from a ladder while removing a second-story window. The court clarified that while the ladder itself might have been adequate for elevation, the defendant's failure to provide a separate safety device for handling and lowering the 40-50 pound window constituted a distinct elevation-related hazard. This omission was found to be a statutory violation and the proximate cause of the plaintiff's accident. The court further emphasized that claims of the plaintiff's contributory negligence or carelessness were irrelevant to establishing liability under Labor Law § 240 (1). The lower court's order was affirmed.

Labor Law Section 240(1)Elevation HazardLadder FallWindow Removal AccidentSafety Device FailureProximate CauseContributory Negligence ImmaterialStatutory ViolationWorkplace InjuryConstruction Site Safety
References
23
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Plaintiff Royston Robinson, a sheet metal worker, was injured after falling five feet from an unsecured A-frame ladder, prompting an action to recover damages under Labor Law § 240 (1). The plaintiffs appealed from an order denying their motion for summary judgment on liability. Initially, Robinson's deposition testimony asserting the ladder "kicked out" established a prima facie case. However, the defendants presented conflicting accident reports where Robinson previously attributed the fall to losing his footing or balance, without mentioning a ladder malfunction. This created a triable issue of fact regarding whether Robinson's own carelessness was the sole proximate cause of the fall, leading the Supreme Court to properly deny summary judgment. The appellate court affirmed the order.

Personal InjuryLabor LawLadder AccidentSummary JudgmentProximate CauseTriable Issue of FactAppellate ReviewDeposition TestimonyAccident ReportContributory Negligence
References
15
Case No. MISSING
Regular Panel Decision
Aug 17, 1988

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Robert Avner, a plumber, was injured on May 10, 1985, after falling from a ladder while removing a waterline in a building under construction. Plaintiff alleged the ladder, placed in an unopened position, slipped after a pipe he was cutting fell on him. Defendants presented evidence from an accident questionnaire and deposition where plaintiff attributed the fall to the pipe hitting him. The Supreme Court, New York County, initially granted summary judgment to plaintiffs on Labor Law § 240 liability. However, the appellate court unanimously reversed this decision, finding that questions of fact existed regarding the proximate cause of the accident, thus requiring the denial of summary judgment.

Labor Law § 240Summary JudgmentProximate CauseLadder AccidentConstruction Site InjuryFalling ObjectAffidavit EvidenceDeposition TranscriptCredibility IssueAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
Oct 05, 1998

Can a WCJ Be Disqualified for Appearance of Bias?

The plaintiff appealed an order denying partial summary judgment under Labor Law § 240 (1). The plaintiff was injured after falling from a ladder while installing gutters. He alleged that the defendants failed to provide safety devices. However, the plaintiff offered several conflicting accounts of how the accident occurred, including the ladder slipping, losing balance, or a light fixture breaking. Since a ladder was provided and there were numerous factual discrepancies regarding the cause of the fall, the court affirmed the denial of summary judgment, stating that the adequacy of a safety device is generally a question of fact.

Ladder FallSummary Judgment MotionConflicting TestimonySafety Device AdequacyFactual DisputeAppellate ReviewConstruction AccidentElevation-Related HazardPersonal Injury LitigationEmployer Liability
References
9
Case No. MISSING
Regular Panel Decision

What Were the Key Rulings in Torrez vs. SuperShuttle?

The plaintiff appealed the Supreme Court's denial of his motion to set aside a jury verdict concerning personal injuries under Labor Law § 240 (1) against 69th Tenants Corp. The jury had found a violation of the Labor Law but no proximate cause for the plaintiff's injuries, stemming from an incident where he fell from a wobbling ladder while removing a mirror from a ceiling. The appellate court agreed with the trial court that any defect in the ladder was not the proximate cause of the accident. However, the appellate court found that the trial court erred by failing to instruct the jury on Labor Law § 240 (1) as it applies to falling objects, as the mirror's dislodging contributed to the fall. Consequently, the judgment is reversed, the complaint reinstated against 69th Tenants Corp., and the matter is remitted for a new trial on the issue of liability based on the falling object theory.

Personal InjuryLabor Law 240(1)Falling ObjectJury VerdictProximate CauseAppellate ReviewNew TrialLadder AccidentPremises LiabilityWorker Safety
References
18
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

On November 20, 2006, the plaintiff, an employee of JAM Painting, Inc., was injured after falling from an unsecured ladder while painting a condominium building managed by defendants Harbor at Blue Point Home Owners Association, Inc. and Cameo Services of New York, Inc. The plaintiff initiated an action alleging a violation of Labor Law § 240 (1) and moved for summary judgment on the issue of liability, which the Supreme Court denied. The appellate court determined that the plaintiff presented a prima facie case for liability under Labor Law § 240 (1) by demonstrating that an unsecured ladder was provided without assistance, leading to the fall. The defendants failed to provide evidence that the ladder was adequate or that the plaintiff's conduct was the sole proximate cause of the accident. Consequently, the Supreme Court should have granted the plaintiff's motion for summary judgment on liability.

Ladder AccidentLabor Law § 240 (1)Summary JudgmentLiabilityElevated WorkUnsecured LadderFall InjuryNondelegable DutyAbsolute LiabilityProximate Cause
References
9
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Plaintiffs initiated a Labor Law and common-law negligence action seeking damages for injuries sustained by John L. Handley in two separate work-related accidents. In the first accident, Handley was struck by a falling duct while on a scissor lift. The court upheld the denial of partial summary judgment against J.N. White Associates, Inc., finding Labor Law § 240 (1) inapplicable as the duct was not being hoisted or secured for the undertaking. In the second accident, Handley fell from an A-frame ladder positioned on an uneven surface. The court reversed the lower court's decision, granting partial summary judgment on liability under Labor Law § 240 (1) against DGA Builders, Inc. and Perinton Manor Associates, concluding the ladder did not provide proper protection. Claims under Labor Law §§ 200, 241 (6) and common-law negligence against the defendants were deemed abandoned.

Work-related accidentScissor lift accidentFalling objectUneven surfaceA-frame ladderSummary judgmentPartial summary judgmentLabor Law liabilityCommon-law negligenceProximate cause
References
11
Case No. MISSING
Regular Panel Decision
Apr 15, 1997

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

A carpenter, identified as the plaintiff, suffered injuries from an electric shock and fall while working in a cooperative apartment, leading to a lawsuit under New York Labor Law §§ 200, 240 (1) and 241 (6). The plaintiff moved for summary judgment on liability against 1111 Park Avenue Realty Corp. under Labor Law § 240(1), arguing the accident was a gravity-related hazard. However, the defendants and third-party defendant Painting Plus Corporation also sought summary judgment to dismiss the complaint, asserting the plaintiff's activity was not covered by the statute, there was no elevation risk, and the ladder was not defective. The Supreme Court denied all motions, emphasizing that the question of whether a non-defective ladder provided proper protection and if a statutory violation was the proximate cause of injuries remains a factual issue for the jury. The Appellate Division affirmed the denial, referencing precedents which hold that a fall from a non-defective ladder does not automatically establish liability under Labor Law § 240(1) and that a plaintiff's own actions could be the sole proximate cause.

Labor Law § 240(1)Summary JudgmentLadder FallElectric ShockProximate CauseGravity-Related HazardCarpenter InjuryConstruction AccidentWorker SafetyAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
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