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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

Robinson v. Sanchez

This posttrial motion concerns a jury's verdict that continued psychiatric care was not essential for petitioner Calvin Robinson, despite finding him mentally ill. Justice Suarez determined the evidence was legally insufficient to support the jury's finding regarding the need for continued care and treatment. The court found clear and convincing evidence that Robinson is mentally ill, poses a danger to himself and others, and his judgment is impaired, rendering him unable to understand his need for care. Robinson has a long history of self-harm, assaultive behavior, and medication non-compliance when unsupervised, contradicting his general denials. Consequently, the court set aside the jury's verdict and affirmed the original retention order, mandating his continued involuntary psychiatric care.

Mental IllnessInvoluntary CommitmentPsychiatric InstitutionPosttrial MotionJury Verdict Set AsideSufficiency of EvidenceDanger to SelfDanger to OthersImpaired JudgmentMedication Non-compliance
References
19
Case No. MISSING
Regular Panel Decision
Oct 22, 1986

Leonard Engineering, Inc. v. Zephyr Petroleum Corp.

In an action to foreclose a mechanic's lien, plaintiff Leonard Engineering, Inc. appealed an order that granted defendant New York Paving, Inc.'s motion to discharge the lien and dismiss the complaint, and denied Leonard's cross-motion to amend the lien. Leonard had provided engineering services to defendant Zephyr Petroleum Corporation, which then conveyed the property to New York Paving, Inc. with a trust fund provision in the deed, before Leonard filed its lien. The lien was subsequently filed with an incorrect lot number. The appellate court affirmed the lower court's decision, holding that the lien was ineffective against New York Paving due to the Lien Law § 13 (5) trust fund provision in the deed, which protected the purchaser. Consequently, Leonard's appeal to amend the notice of lien was dismissed as academic.

Mechanic's LienLien LawForeclosureTrust Fund ProvisionReal PropertyDeed CovenantNotice of LienLien AmendmentMisdescriptionAppellate Review
References
1
Case No. CV-23-0298
Regular Panel Decision
Feb 15, 2024

In the Matter of the Claim of Gayle Leonard

Gayle Leonard, an alteration seamstress, filed a workers' compensation claim after contracting COVID-19 at work. The employer and its carrier controverted the claim, arguing it was not a causally-related injury. A Workers' Compensation Law Judge (WCLJ) initially established the claim for occupationally contracted COVID-19. The Workers' Compensation Board affirmed this decision, finding that Leonard demonstrated specific exposure to COVID-19 in the workplace through interactions with a coworker who tested positive. The Board also concluded that Leonard was entitled to the presumption of compensability under Workers' Compensation Law § 21, which the carrier failed to rebut, having waived the right to an independent medical exam. The Appellate Division affirmed the Board's decision, ruling that contracting COVID-19 in the workplace can qualify as an unusual hazard and is compensable. The court found substantial evidence supported the Board's determination of a work-related injury due to specific exposure and upheld the application of the statutory presumption, concluding that a causal connection between the injury and employment was established.

COVID-19Workers' CompensationAccidental InjuryWorkplace ExposurePresumption of CompensabilityCausal ConnectionAppellate ReviewSubstantial EvidenceAlteration SeamstressOccupational Illness
References
6
Case No. MISSING
Regular Panel Decision
Nov 27, 1995

Leonard v. Unisys Corp.

Linda M. Leonard suffered severe back injuries in 1987 due to a defective office chair, leading to a lawsuit against her employer (Department of Motor Vehicles) and the chair's sellers/manufacturers (Human Factor Technologies, Inc., Burroughs Corporation, Standard Register Company, and Unisys Corporation). The lawsuit alleged negligence, strict products liability, and breach of warranty. A jury found certain defendants strictly liable and apportioned fault, awarding significant damages for pain and suffering and loss of consortium to Leonard and her husband. On appeal, the court affirmed the lower court's order and judgment, upholding the jury's verdict, the damage awards, and the denial of indemnification claims between defendants, while rejecting challenges to jury instructions and evidentiary rulings.

Products liabilityBreach of warrantyNegligenceIndemnification claimLoss of consortium damagesPain and suffering awardJury verdict reviewApportionment of liabilitySuccessor corporation liabilityDefective chair
References
12
Case No. 2018 NY Slip Op 05652 [164 AD3d 1000]
Regular Panel Decision
Aug 02, 2018

Matter of Robinson v. Workmen's Circle Home

Barbara Robinson, a certified nurse's assistant, filed a claim for workers' compensation benefits for a work-related right shoulder injury in 2011. She received temporary disability payments totaling $133,807.48. In 2016, a Workers' Compensation Law Judge (WCLJ) awarded her a 42.50% schedule loss of use (SLU) to her right arm, amounting to $102,494.50, less prior payments. Robinson appealed the WCLJ's decision, arguing that the employer's carrier should not be credited for temporary partial disability payments against the SLU award. The Workers' Compensation Board disagreed, ruling that the carrier could credit all prior disability payments. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to differentiate between temporary total and temporary partial disability payments for credit purposes, thereby preventing an unjustifiable double recovery for the claimant.

Workers' CompensationSchedule Loss of UseTemporary Disability PaymentsCreditDouble RecoveryAppellate DivisionWork-Related InjuryRight Shoulder InjuryCarrier ReimbursementLegal Precedent
References
7
Case No. 2020 NY Slip Op 02960
Regular Panel Decision
May 21, 2020

Matter of Robinson v. New York City Health & Hosps. Corp.

Jacqueline Robinson appealed a Workers' Compensation Board decision denying her request to reclassify her disability from permanent partial to temporary total following back surgery. Established with a permanent partial disability in 2015 for a 2009 work-related back injury, Robinson underwent back surgery in June 2018 and sought reclassification. The Workers' Compensation Law Judge (WCLJ) awarded temporary total disability payments for the post-surgery period up to the hearing date but reverted to permanent partial thereafter. The Board affirmed, finding no evidence that the surgery worsened her condition or caused "other trauma" or "significant reinjury." The Appellate Division, Third Department, affirmed the Board's decision, concluding it was supported by substantial record evidence.

Workers' CompensationPermanent Partial DisabilityTemporary Total DisabilityDisability ReclassificationBack InjurySurgical ImpactMedical Evidence ReviewSubstantial EvidenceWage-Earning CapacityAppellate Division
References
6
Case No. 530983
Regular Panel Decision
Jun 10, 2021

Leonard v. Wenz

Plaintiff Judith Leonard commenced a negligence action to recover for injuries sustained in September 2014 when she was struck by a sheetrock panel during her employment. Defendant David M. Wenz, who was involved in the construction project, moved for summary judgment, arguing the action was barred by the Workers' Compensation Law's exclusive remedy doctrine, asserting he was a "special employee" of plaintiff's employer. The Supreme Court denied defendant's motion and plaintiff's cross-motion for summary judgment. The Appellate Division, Third Department, affirmed the Supreme Court's order, finding triable issues of fact existed regarding whether a special employment relationship was formed, due to conflicting deposition testimony concerning the control and direction of defendant's work. Additionally, the Court upheld the denial of summary judgment concerning the causal relationship of plaintiff's injuries, noting questions of fact about the exacerbation of preexisting conditions.

Negligence ActionSummary Judgment MotionWorkers Compensation LawExclusive Remedy DoctrineSpecial EmploymentCoemployee StatusAppellate ReviewPersonal Injury ClaimCausation of InjuriesPreexisting Medical Conditions
References
15
Case No. MISSING
Regular Panel Decision
Jul 25, 2012

Robinson v. Bond Street Levy, LLC

Peter Robinson, a laborer for Virginia Construction & Management, Inc., was injured on December 26, 2007, when he fell from a ladder after being struck by ductwork at a building owned by Bond Street Levy, LLC. He and his wife subsequently commenced an action against Bond Street Levy, LLC, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' motion for summary judgment on the issue of liability. The appellate court affirmed this decision, finding that the plaintiffs successfully established the absence of adequate safety devices and that this violation was a proximate cause of the injuries. The defendant's arguments regarding a triable issue of fact on sole proximate cause and prematurity of the motion were rejected.

Personal InjuryLabor LawWorkplace AccidentLadder FallSummary JudgmentLiabilityProperty OwnerConstruction SiteNondelegable DutyProximate Cause
References
16
Case No. 2023 NY Slip Op 02589
Regular Panel Decision
May 11, 2023

Leonard v. City of New York

Plaintiff Brian Leonard sustained injuries while attempting to rescue a coworker during a trench collapse at a construction site for the City of New York. He filed a lawsuit alleging violations of Labor Law § 241 (6). The Supreme Court dismissed the claim, rejecting the applicability of the 'danger invites rescue doctrine.' The Appellate Division, First Department, reversed this decision, holding that the 'danger invites rescue doctrine' can apply to Labor Law § 241 (6) claims, and found issues of fact regarding the reasonableness of the plaintiff's rescue attempt, thereby denying the defendants' motion for summary judgment.

Danger Invites Rescue DoctrineLabor Law § 241 (6)Industrial Code ViolationsSummary Judgment ReversalAppellate ReviewConstruction AccidentTrench CollapseComparative NegligenceNondelegable DutyWorker Injury
References
15
Case No. MISSING
Regular Panel Decision

People v. Lipsky

The defendant, Leonard Lipsky, was indicted for murder in the second degree in Monroe County, New York. He moved to suppress statements made to Utah officials, Mr. Terry Jensen (a psychiatric social worker) and Ms. Betty Davies (a probation officer), in January and February 1979. The defendant, while in custody in Utah for an unrelated aggravated assault charge and undergoing a court-ordered evaluation, initiated discussions about an unspecified crime, eventually confessing to the murder of Mary Robinson in Rochester, New York. The court held a hearing and found that the statements were not privileged and that Miranda warnings were not required because the statements were voluntary and spontaneous, not the result of police interrogation or coercion. Therefore, the court denied the motion to suppress, ruling that the statements are admissible.

Suppression of EvidenceMiranda WarningsVoluntariness of ConfessionPsychiatric EvaluationProbation Officer InterviewSocial Worker PrivilegeCustodial StatementsSpontaneous UtterancesFifth Amendment RightsCriminal Indictment
References
10
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