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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

Phillips v. City of New York

The plaintiff, an employee of Dag Dee Tool Rentals, Inc., was injured while repairing a 'loader' at a landfill owned by the City of New York, which was managed by Cross Bay Contracting Corp. The injury occurred when the loader's 'drop arm' fell on his hand from shoulder height. The Supreme Court initially granted summary judgment, dismissing claims based on Labor Law § 240 (1) and § 241 (6). The appellate court affirmed this decision. It ruled that Labor Law § 240 (1) did not apply to routine maintenance or objects falling from minimal heights, and § 241 (6) was inapplicable as the plaintiff was not engaged in 'construction work' and failed to cite a specific, concrete industrial code violation.

Labor Law Section 240Labor Law Section 241Summary JudgmentAppellate AffirmationElevation-Related InjuryRoutine MaintenanceConstruction Work DefinitionIndustrial Code ViolationSafety StandardsFalling Object Injury
References
14
Case No. MISSING
Regular Panel Decision

Argonaut Insurance v. Samsung Heavy Industries Co.

A fire occurred on January 1, 2010, at a garage owned by the Town of Dannemora Highway Department, involving a Samsung Loader. Unnamed insurance companies, subrogated to the Town, sued Volvo Construction Equipment (manufacturer of the Samsung Loader) for negligent design, manufacturing defects, and failure to warn. Both parties moved to exclude expert testimonies, which the court largely denied, stating issues raised pertain to weight, not admissibility. Defendants also sought summary judgment, which was granted for failure to warn and manufacturing defect claims (as plaintiffs withdrew them), but denied for design defect and negligence claims, allowing plaintiffs' expert to testify on alternative designs. The court emphasized the liberal standard for expert qualification and that disputes about credentials go to weight, not admissibility.

Expert TestimonyDaubert StandardProduct LiabilityDesign DefectNegligenceSummary JudgmentFire InvestigationNFPA 921SubrogationVolvo Construction Equipment
References
48
Case No. MISSING
Regular Panel Decision

Kubiszyn v. Terex Division of Terex Corp.

Plaintiff, an employee of General Motors Corporation (GMC), was injured in 1988 by a front-end loader manufactured by GMC's Terex Division. After receiving workers' compensation benefits, he sued L.B. Smith Incorporated and Terex (a successor corporation to GMC's Terex Division) for defective design and strict products liability. The Supreme Court granted summary judgment to Terex, ruling that it inherited GMC's exclusive remedy defense under Workers' Compensation Law § 11. The appellate court affirmed this decision, distinguishing the case from Billy v Consolidated Mach. Tool Corp. It held that a successor corporation is entitled to inherit the immunity from suit possessed by its predecessor employer, even if the injured party was not employed by the successor at the time of the accident. The court also affirmed the dismissal of the complaint against L.B. Smith, finding they did not sell the defective loader.

Successor LiabilityExclusive RemedyWorkers' CompensationProduct LiabilityCorporate MergerDefective DesignSummary JudgmentEmployer ImmunityNew York LawAppellate Decision
References
8
Case No. ADJ10597372
Regular
Apr 13, 2020

KATORIA JONES vs. THRIFT RECYCLING, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend the original Findings, Award and Order. The Board found that the applicant's occupational group number should be 360 (porters and packers) rather than 230 (machine operators and tenders). This amendment was based on the applicant's job duties as a warehouse line loader involving lifting, sorting, and moving boxes. The Board deferred issues of permanent disability and attorney's fees, returning the case to the trial level for further proceedings with the corrected occupational group number.

Workers' Compensation Appeals BoardPetition for ReconsiderationOccupational Group NumberSorterWarehouse workerLine loaderPDRSPermanent Disability Rating ScheduleFindings Award and OrderIndustrial Injury
References
0
Case No. MISSING
Regular Panel Decision

Claim of Flood v. New York State Department of Transportation

Decedent, a highway maintenance worker, suffered a fatal cardiac arrest while operating a loader, leading his wife to file for workers' compensation death benefits. The Workers’ Compensation Law Judge initially found a presumption of compensability, but the Workers’ Compensation Board reversed, concluding the employer rebutted this presumption with medical evidence. This evidence indicated a long history of heart problems and that the death was due to a severe preexisting condition, not work-related activity. The Appellate Division affirmed the Board’s decision, finding it supported by substantial evidence.

Cardiac ArrestCausationPresumption of CompensabilityRebuttal of PresumptionSubstantial EvidencePreexisting Heart ConditionDeath BenefitsWorkers' Compensation AppealMedical EvidenceEmployment-Related Death
References
3
Case No. ADJ3755232 (VNO0493072)
Regular
Aug 29, 2013

AKHMADMIR ABDULMIR vs. MED-PHARMEX, INC., EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award, finding that the applicant sustained industrial injury to his low back but not his kidneys or abdomen, and his occupation was a material handler/machine loader (group 460). The WCAB found that the opinions of the applicant's Qualified Medical Evaluator (QME) were not substantial evidence due to numerous discrepancies and an inadequate history. The WCAB also found the primary treating physician's (PTP) reports insufficient as they were stale, not based on an accurate history, and lacked review of all medical records. The case was returned to the WCJ for further proceedings on all other deferred issues.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPrimary Treating PhysicianTemporary DisabilityFurther Medical TreatmentApportionmentLabor Code section 4658(d)(2)Permanent DisabilityAttorney's Fees
References
0
Case No. MISSING
Regular Panel Decision
Dec 14, 1993

In re the Claim of Regan

The claimant was discharged from their position as a loader at a beverage plant due to insubordination and argumentative conduct with supervisors on multiple occasions. Subsequently, the Unemployment Insurance Appeal Board denied the claimant's application for unemployment insurance benefits, concluding that the termination resulted from misconduct. The claimant appealed this decision, asserting that the Board erroneously relied on the factual findings from an arbitration award and that they were not afforded a full and fair opportunity to litigate the discharge issue. The court found no merit in the claimant's arguments, noting that the same claims were previously raised and rejected in prior federal litigation concerning the arbitration award. Consequently, the Board's decision, which was supported by the arbitrator's findings of willful misconduct, was affirmed based on the principle of collateral estoppel.

MisconductInsubordinationUnemployment BenefitsArbitrationCollateral EstoppelJudicial ReviewLabor DisputeDue ProcessEmployment TerminationAdministrative Appeal
References
2
Case No. ADJ10564064; ADJ13211148
Regular
Apr 25, 2025

Ramiro Solorio vs. California Community News, Ace American Insurance Company

Ramiro Solorio, a truck driver/loader/unloader, filed claims for industrial injuries to his lumbar spine, left shoulder, left elbow (Case ADJ10564064), and to his gastrointestinal system and hypertension (Case ADJ13211148) while employed by California Community News. Defendants petitioned for reconsideration of the Second Amended Joint Findings and Award, challenging the temporary disability award, unaddressed body parts, and the rejection of apportionment opinions from PQMEs Dr. Rogachefsky and Dr. Simon. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The Board affirmed the findings, concluding that the physicians' apportionment opinions lacked sufficient reasoning to constitute substantial medical evidence as required by legal precedent.

ADJ10564064ADJ13211148Petition for ReconsiderationLabor Code Section 5909Appeals BoardWCJ ReportEAMSTransmissionNoticeProof of Service
References
20
Case No. MISSING
Regular Panel Decision
Aug 07, 1995

Morales v. City of New York

The plaintiff sustained personal injuries when struck by a pay loader while working for Capan Contracting Corp. at a site owned by the City of New York. The plaintiff sued the City for $14,000,000, and the City initiated a third-party action against Capan for contribution or indemnification. Capan had procured multiple insurance policies from Nationwide Mutual Insurance Company, naming the City as an insured under some. The Supreme Court granted Capan's motion for partial summary judgment, dismissing the third-party complaint to the extent that any verdict in favor of the plaintiff does not exceed $8,000,000. This decision was based on the antisubrogation rule, concluding that the City's indemnification claim was effectively Nationwide suing its own insured. The appellate court affirmed this order, also noting that a recent amendment to the Workers' Compensation Law regarding third-party actions against employers would not be applied retroactively.

Personal InjuryThird-Party ActionContributionIndemnificationAntisubrogation RuleInsurance CoverageWorkers' Compensation LawRetroactivitySummary JudgmentAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Leslie v. Hartford

Claimant, a maintenance worker for Bucci Real Estate, sustained injuries operating a front-end loader on a horse farm property owned by Bucci. The workers' compensation carrier controverted the claim, arguing claimant was not an employee of Bucci Real Estate or covered by the policy, claiming he worked for Bucci individually or Bucci Competition Horses. A Workers’ Compensation Law Judge and subsequently a Board panel upheld that the claimant was an employee of Bucci Real Estate and his injuries were compensable, triggering the carrier's liability. The carrier appealed, contending misclassification and lack of coverage for the accident location under Workers' Compensation Law § 54 (4). The Appellate Division affirmed the Board's decision, finding substantial evidence supported the Board's conclusion that claimant was an employee of Bucci Real Estate, and the policy covered him despite the location not being explicitly listed, as his duties were incidental to the business.

Employment RelationshipInsurance Policy CoverageScope of EmploymentAccident InvestigationAppellate ReviewSubstantial EvidenceCredibility FindingsMaintenance WorkerEmployer LiabilityCompensable Injury
References
9
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