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

Case No. 2021 NY Slip Op 01018 [191 AD3d 548]
Regular Panel Decision
Feb 16, 2021

Matter of Tenants United Fighting for the Lower E. Side v. City of New York Dept. of City Planning

The Appellate Division reversed a lower court order that had annulled approvals by the New York City Planning Commission (CPC) for new building constructions. The Supreme Court had initially granted petitions from Tenants United Fighting for the Lower East Side and Lower East Side Organized Neighbors. The appellate court held that the Supreme Court should have deferred to the CPC's reasonable interpretation of the New York City Zoning Resolution (ZR). Specifically, the Appellate Division clarified that ZR § 78-043's requirement for findings as a condition precedent only applies to modifications granted by special permit or authorization, not to other types of modifications to large-scale residential developments. Consequently, the petitions were denied and the proceedings dismissed.

Zoning ResolutionLarge-Scale Residential DevelopmentCity Planning CommissionAdministrative LawAppellate ReviewJudicial DeferenceStatutory InterpretationArticle 78 ProceedingNYC ZoningUrban Planning
References
7
Case No. ADJ10798774 (Master File); ADJ10798775
Regular
Jul 21, 2025

WILLK MARILAO vs. CITY OF SHAFTER

Applicant Willk Marilao sought reconsideration of a Joint Findings of Fact and Award (F&A) concerning industrial injuries to his upper and lower extremities. The F&A found 64% permanent partial disability for upper extremities and 23% for lower extremities. Applicant contended that he was 100% permanently and totally disabled and that apportionment was improper. The Workers' Compensation Appeals Board granted the petition, rescinded the F&A, and returned the matter for further proceedings, finding the original findings of specific injuries unsupported by substantial medical evidence, and medical opinions on apportionment to be speculative.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and AwardIndustrial InjuryBilateral Upper ExtremitiesCarpal Tunnel SyndromePermanent Partial DisabilityApportionmentVocational ExpertPermanently and Totally Disabled
References
27
Case No. 2018 NY Slip Op 04679
Regular Panel Decision
Jun 26, 2018

Borst v. Lower Manhattan Dev. Corp.

This consolidated appeal concerns a fire at the former Deutsche Bank building in Lower Manhattan, where plaintiffs sought punitive damages against Bovis Lend Lease LMB, Inc. and Bovis Lend Lease, Inc. (Bovis), the general contractor. The fire, which injured over a hundred firefighters and killed two, was exacerbated by wooden barriers obstructing stairwells and a non-operational water standpipe system. The Appellate Division affirmed the Supreme Court's denial of Bovis's summary judgment motions, finding that a jury could reasonably conclude Bovis's site safety manager's failure to ensure standpipe readiness and enforce a no-smoking policy constituted wilful and wanton disregard for public safety. Furthermore, the court noted an issue of fact regarding whether Bovis's management was aware of the manager's incompetence but deliberately retained him, potentially establishing corporate liability for punitive damages.

Punitive damagesSummary judgmentWilful and wanton disregardCorporate liabilityStandpipe systemFire safetyDemolition projectGeneral contractorEmployee incompetenceRatification
References
7
Case No. ADJ9785796
Regular
Oct 14, 2019

Victor Gonzalez vs. CITY OF TORRANCE

This case involves applicant Victor Gonzalez's petition for reconsideration of a WCJ's decision finding industrial injury to his back and left lower extremity, but not his psyche or in the form of stroke. The Board granted reconsideration, finding that the neurological evaluator applied an incorrect legal standard to the stroke claim and that Dr. Silver's deposition testimony was improperly excluded. Consequently, the Board amended the decision to preserve the findings of injury to the back and left lower extremity and denied injury to the psyche, while deferring the stroke and permanent disability issues for further development of the record.

Workers' Compensation Appeals BoardVictor GonzalezCity of Torrancebus operatorindustrial injuryback injuryleft lower extremitystrokepsycheDr. Lee Silver
References
1
Case No. ADJ3203306 (LAO 0871862)
Regular
Jul 13, 2011

Vanessa Bruce vs. SOUTHWEST HEALTHCARE MEDICAL, TRAVELERS

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that found industrial injury to the lumbar spine but denied injury to the internal systems and sleep disorder. The applicant argued the WCJ erred by ignoring a stipulation for injury to the left lower extremity, hip, and buttocks, and by rejecting evidence of an industrially-caused sleep disorder. The WCAB granted reconsideration, amended the findings to include injury to the left lower extremity, left hip, and buttocks, but otherwise affirmed the original decision, finding no industrial basis for the sleep disorder.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLumbar SpineInternal SystemsSleep DisorderLeft Lower ExtremityLeft HipButtocks
References
2
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
4
Case No. ADJ528016 (LAO 0797447) ADJ4708211 (LAO 0831457)
Regular
May 04, 2015

JORGE PAREDES vs. COASTCAST CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY/CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation, LEGION INSURANCE COMPANY, in liquidation, SEDGWICK CLAIMS M

This case involves a workers' compensation applicant claiming industrial injury to his psyche, lower extremities, internal system, high blood pressure, and diabetes over a cumulative trauma period. The Administrative Law Judge (ALJ) found injury to the psyche and lower extremities, but not the internal system or conditions like high blood pressure and diabetes. The ALJ also found Republic Indemnity solely liable, with a specific date of injury. Both applicant and Republic sought reconsideration. The Appeals Board granted reconsideration, amending the findings to include chronic venous stasis and need for further medical treatment, but deferred key issues like the date of injury, liability, permanent disability, and attorney fees. The case is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and OrderLabor Code Section 5412Date of InjuryCumulative TraumaRepublic Indemnity CompanyCalifornia Insurance Guarantee Association (CIGA)Agreed Medical Examiner (AME)Chronic Venous Stasis
References
2
Case No. ADJ7658097
Regular
Aug 14, 2017

John Cummins vs. VIP Limousines \& Coaches, Inc., Commerce and Industrial Insurance Company, Barrett Business Services, Inc.

This case involves an applicant who claimed injury to multiple body parts, including upper extremities, back, neck, abdomen (hernia), and lower extremities. The Workers' Compensation Appeals Board (WCAB) affirmed the original findings, except they specifically ruled against injury to the applicant's upper extremities based on the Agreed Medical Examiner's opinion. The WCAB also clarified that temporary disability benefits should commence from September 14, 2010, the date of hernia repair surgery, and deferred the determination of the exact date of injury for the cumulative trauma. The court also upheld the applicant's average weekly earnings determination, finding the applicant's testimony and records credible and unrebutted.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAgreed Medical Examiner (AME)Qualified Medical Evaluator (QME)temporary disability indemnitydate of injurycumulative traumahernia repairpulmonary embolism
References
5
Case No. MISSING
Regular Panel Decision

Flores v. Lower East Side Services Center, Inc.

This case addresses whether an unsigned written contract for indemnification is enforceable under Workers’ Compensation Law § 11. Lower East Side Service Center (LES), a building owner, sought contractual indemnification from Procida Realty and Construction Corp. (Procida), its general contractor, after a Procida employee sustained an injury. Although Procida performed work under the contract, it never formally signed the indemnification agreement. The lower courts deemed the unsigned contract unenforceable. The Court of Appeals reversed, holding that Workers’ Compensation Law § 11 does not explicitly require a signed agreement and that common-law principles allow for enforceability based on objective evidence of intent and course of conduct. The court granted summary judgment to LES, reinstating its contractual indemnification claim.

Workers' Compensation LawContractual IndemnificationThird-Party ClaimsUnsigned ContractsStatute of FraudsLegislative IntentCommon LawSummary JudgmentAppellate ReviewNew York State Court of Appeals
References
10
Case No. MISSING
Regular Panel Decision

Bovis Lend Lease (LMB), Inc. v. Lower Manhattan Development Corp.

This case involves a contractual dispute between Bovis Lend Lease (LMB), Inc. (Plaintiff), a deconstruction contractor, and Lower Manhattan Development Corp. (LMDC) (Defendant), responsible for redeveloping lower Manhattan after 9/11. Bovis was contracted to deconstruct the Deutsche Bank Building but encountered unforeseen regulatory interference and delays, leading to significant cost overruns. Bovis's amended complaint sought damages for extra work, general conditions, profit, insurance costs, and constructive acceleration. The court ruled that Bovis's claims for extra work due to regulatory interference and damages for delay were barred by the contract's 'no damages for delay' clause and the explicit assumption of regulatory delay risks by Bovis. While some claims were dismissed, others related to amounts due under the original lump sum contract, including overhead, profit, and insurance (excluding fire-related incremental costs), were reinstated after reargument. Ultimately, the court emphasized upholding the clear terms of the contract between sophisticated business entities.

Contractual disputeDeconstruction projectRegulatory interferenceDelay damagesNo damages for delay clauseExtra workConstruction lawAppellate reviewContract interpretationRisk allocation
References
8
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