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

Case No. 2020 NY Slip Op 02541
Regular Panel Decision
Apr 30, 2020

Diaz v. Raveh Realty, LLC

Plaintiff Nimer Diaz, a carpenter, was injured at a construction site owned by defendant Raveh Realty, LLC, when a heavy plywood form fell and struck him. Diaz moved for partial summary judgment on his Labor Law §§ 240 (1) and 241 (6) claims, which was denied by the Supreme Court, Bronx County. The Appellate Division, First Department, modified the Supreme Court's order, granting Diaz partial summary judgment on his Labor Law § 240 (1) claim. The court found that the type of work being performed involved a load that required securing and that the plaintiff's injury was the foreseeable consequence of performing the task without any safety device of the kind enumerated in the statute.

Labor Law 240(1)Labor Law 241(6)Construction AccidentFalling ObjectPlywood FormSummary JudgmentAppellate DivisionWorkplace SafetyStatutory ViolationForeseeable Risk
References
1
Case No. KA 11-00996
Regular Panel Decision
Nov 16, 2012

DIAZ, CARLOS, PEOPLE v

This case involves an appeal concerning the classification of Carlos Diaz under the Sex Offender Registration Act (SORA). The Monroe County Court initially determined him to be a level three risk, despite the risk assessment instrument (RAI) indicating a level two risk. The Board of Examiners of Sex Offenders recommended an upward departure based on his offense pattern and schizophrenia diagnosis. The Appellate Division, Fourth Judicial Department, found the County Court's upward departure to be an error, stating that the factors relied upon were either already accounted for by the RAI or lacked sufficient admissible evidence. Consequently, the Appellate Division modified the order, classifying Diaz as a level two risk, with Justice Fahey dissenting.

Sex Offender Registration ActRisk Assessment InstrumentUpward DepartureLevel Two RiskLevel Three RiskSchizophrenia DiagnosisMental IllnessAppellate ReviewForcible CompulsionSexual Offenses
References
10
Case No. MISSING
Regular Panel Decision

Diaz v. Rosbrock Associates Ltd. Partnership

Plaintiff Eduardo Londono Diaz, an employee of New Rochelle Hotel Association (NRHA), sustained injuries while working at the Ramada Plaza Hotel. He commenced an action against Rosbrock Associated Limited Partnership (Rosbrock), the landowner, alleging violations of the Labor Law. Rosbrock, which leased the land to NRHA, moved for summary judgment, arguing that NRHA and Rosbrock were effectively the same entity for Workers' Compensation Law purposes due to identical general and limited partners, thus precluding a lawsuit against the landowner under exclusive remedy provisions. The court granted Rosbrock's motion for summary judgment, finding that despite being separately maintained for tax and legal compliance, the identical partnership makeup rendered them a single entity for workers' compensation, thereby dismissing Diaz's action.

Limited Partnership LiabilityExclusive Remedy DoctrineIdentity of EntitiesLandowner Employer StatusSummary Judgment GrantLabor Law ViolationsPartnership LawStatutory DutyWorkplace Injury ClaimBoiler Maintenance
References
10
Case No. 2021 NY Slip Op 02597 [193 AD3d 640]
Regular Panel Decision
Apr 29, 2021

Diaz v. HHC TS Reit LLC

Plaintiff Rafael Diaz, a concrete worker, sustained injuries when unsecured metal conduit pipes toppled onto his head and shoulders. The incident occurred while Diaz was attempting to remove a plywood form from a space between a scaffold and a building column. The Appellate Division, First Department, affirmed the Supreme Court, Bronx County's order, which had granted plaintiff partial summary judgment on his Labor Law § 240 (1) claim. The court found unrebutted evidence that the metal pipes were not adequately secured for the purpose of the undertaking, thereby violating Labor Law § 240 (1). Additionally, the Appellate Division dismissed defendants' appeal as abandoned and noted that issues of fact regarding the ownership of the pipes precluded summary dismissal of the third-party complaint seeking contribution and common-law and contractual indemnification.

concrete worker injuryfalling object hazardscaffold safetyLabor Law 240(1)summary judgmentworkplace accidentindemnification claimcontribution claimunsecured equipmentappellate review
References
3
Case No. ADJ3252798 (ANA 0407298)
Regular
Nov 02, 2011

CATALINO DIAZ (Deceased), RUBERTA DIAZ (Widow), MARGARET NATASHA DIAZ vs. PEOPLE'S CARE INC., STATE COMPENSATION INSURANCE FUND

This case concerns Ruberta Diaz's claim for death benefits as the widow of Catalino Diaz, who sustained a fatal industrial injury. The initial decision awarded benefits to their minor child but denied Ruberta’s claim, finding she failed to prove dependency. Ruberta contends she is a total dependent and that the judge erred in not addressing this, or alternatively, in finding no partial dependency. The Appeals Board granted reconsideration, deferred the issue of Ruberta's dependency, and returned the case to the trial level for further evidence and decision, while affirming the award to the minor child.

DependencyDeath BenefitWidow's ClaimMinor ChildPartial DependencyTotal DependencyPetition for ReconsiderationFindings and AwardWCJEvidence
References
1
Case No. ADJ6461450
Regular
Apr 23, 2012

ANDREW HADDAD vs. SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY c/o BERKLEY SPECIALTY

This case involves a notice of intention to issue sanctions against applicant's attorney, Christopher Ginocchio, and his firm, Leviton, Diaz & Ginocchio, under Labor Code section 5813. The sanctions are proposed due to the attorney's alleged bad-faith actions in his answer to the defendant's petition for reconsideration. Specifically, the attorney cited a deposition transcript not in evidence and failed to comply with evidence citation rules. The Board intends to impose a $500 sanction unless good cause is shown within 15 days.

Labor Code section 5813California Code of Regulations title 8 section 10561bad-faith actionsfrivolousunnecessary delaydeposition transcript not in evidenceRule 10842evidentiary statementsspecific references to the recordexhibit number
References
3
Case No. MISSING
Regular Panel Decision

Diaz v. Michigan Logistics Inc.

Plaintiffs (Johanna Diaz, et al.) sued Michigan Logistics Inc. d/b/a Diligent Deliveries, Northeast Logistics, Inc. d/b/a Diligent Deliveries (collectively, "Diligent"), and Parts Authority Inc. for alleged violations of the FLSA and NYLL, claiming misclassification as independent contractors and denial of minimum wage and overtime. Defendants moved to compel arbitration, citing owner-operator agreements with arbitration clauses. Plaintiffs opposed, arguing they were exempt from the FAA as transportation workers and that Parts Authority, a nonsignatory, could not compel arbitration. The court, presided by Judge Wexler, granted the defendants' motion, finding that even if the FAA did not apply, New York arbitration law favored arbitration and that Parts Authority could compel arbitration under equitable estoppel. Consequently, the Opt-in Plaintiffs' claims were dismissed without prejudice, and the case was stayed pending arbitration.

Fair Labor Standards ActNew York Labor LawArbitrationIndependent Contractor ClassificationWage and Hour ClaimsOvertime CompensationClass Action WaiverCollective Action WaiverFederal Arbitration ActEquitable Estoppel
References
22
Case No. MISSING
Regular Panel Decision
Jul 21, 2006

Diaz v. White Plains Coat & Apron Co.

Manuel Diaz, a laundry worker, was injured after falling from a laundry bin while employed in a building owned by White Plains Coat & Apron Co., Inc. He initiated an action for personal injuries against the defendant, predicated on premises liability. At the close of the plaintiff's case, the defendant moved to dismiss the complaint for failure to establish a prima facie case and sought to amend its answer to include a Workers' Compensation defense, arguing surprise due to a shift in the plaintiff's theory of liability to negligent supervision. The Supreme Court denied the defendant's motion. On appeal, the interlocutory judgment was reversed, and the defendant's motion to dismiss the complaint for failure to establish a prima facie case was granted, leading to the dismissal of the complaint.

Premises LiabilityNegligent SupervisionWorkers' Compensation ExclusivityPrima Facie CaseMotion to DismissAppellate ReviewJury VerdictInterlocutory JudgmentNew York LawPersonal Injury Damages
References
3
Case No. ADJ1284568 (BAK 0142029)
Regular
Nov 09, 2015

SHEILA WINBURN vs. STATE OF CALIFORNIA, CDCR - NORTH KERN STATE PRISON, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This order corrects a clerical error in a prior Workers' Compensation Appeals Board decision issued August 21, 2015. The original decision failed to include an attorney fee in the total temporary disability award, which was present in the WCJ's initial ruling. The Appeals Board is correcting this omission to ensure clarity and a complete understanding of the award. The corrected decision now includes the attorney fee payable to Leviton, Diaz & Ginocchio, with other aspects of the August 21, 2015 decision affirmed.

Clerical ErrorAttorney FeeTemporary DisabilityPetition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardCDCRNorth Kern State PrisonLegally UninsuredAdjusting Agency
References
1
Case No. ADJ13900666
Regular
Aug 01, 2025

German Renteria Pina vs. Miguel Diaz dba Brother Landscape, Da Vinci Schools

German Renteria Pina, the applicant, sustained a specific injury while employed by Miguel Diaz dba Brother Landscape, an uninsured entity. Da Vinci Schools, a permissibly self-insured entity, was also named as a defendant. The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a WCJ's finding that Pina was an employee of Diaz and not Da Vinci, arguing errors in employment burden of proof and insufficient evidence. The Workers' Compensation Appeals Board granted the petition, rescinded the prior Findings of Fact and Order, and returned the matter to the trial level for further proceedings. This decision was made because the record was deemed incomplete to adequately determine Diaz's independent contractor status or the applicability of licensing requirements.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundMiguel Diaz dba Brother LandscapeDa Vinci SchoolsAdjudication NumberPetition for ReconsiderationFindings of Fact and OrderWCJBurden of ProofUltimate Hirer
References
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