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

Case No. MISSING
Regular Panel Decision

Iveson v. Sweet Associates, Inc.

Plaintiff Leonard F. Iveson sustained personal injuries while working on a renovation project in the State Education Building, attempting to cross from a new catwalk furnished by STS Steel, Inc. to an older one. He, along with other plaintiffs, commenced an action alleging violations of Labor Law §§ 200, 240 (1), and 241 (6) against prime general construction contractor Sweet Associates, Inc. and subcontractor STS Steel, Inc. The Supreme Court granted STS Steel, Inc.'s cross-motion for summary judgment to the extent of dismissing the Labor Law § 240 (1) claim, finding STS was not an owner or general contractor and lacked the authority to supervise or control Iveson's work. The Appellate Court affirmed this dismissal, emphasizing that liability under Labor Law § 240 (1) for a subcontractor requires a showing of control over the work and the authority to enforce safety practices, which was not demonstrated here.

Workers Compensation LawConstruction AccidentLabor Law 240(1)Subcontractor LiabilitySummary JudgmentElevation-Related HazardsDuty to SuperviseControl of WorkAgencyAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Nelson v. Sweet Associates, Inc.

A building inspector, employed by the Dormitory Authority of the State of New York, sustained injuries after tripping over handrails in a dimly lit stairwell at a construction site. He subsequently initiated an action against the general contractor, Sweet Associates, Inc., and subcontractors Stone Bridge Iron & Steel, Inc., and Fast Trek Steel, Inc., alleging common-law negligence and violations of the Labor Law. The Supreme Court initially denied the defendants' motions for summary judgment. On appeal, the court affirmed the denial regarding common-law negligence and Labor Law § 200 claims, citing unresolved factual disputes concerning the visibility of the hazard and the defendants' control over the work. However, the appellate court reversed the decision concerning the Labor Law § 241 (6) claim, dismissing it on the grounds that the plaintiff, as an inspector for the owner, was not protected by that specific statute.

Building Inspector InjuryConstruction Site AccidentCommon-law NegligenceLabor Law § 200Labor Law § 241 (6)Summary Judgment MotionSubcontractor LiabilityHazardous ConditionDuty to Control WorkScope of Labor Law Protection
References
16
Case No. ADJ9473670
Regular
Nov 02, 2020

SANDRA UYAGUARI GARCIA vs. CLAUDIA MENDOZA Dba SWEET MELODY EXPRESS, UEBTF

This case concerns an applicant seeking workers' compensation benefits for an injury sustained while cleaning a defendant's residence. The primary issue was whether the applicant was an employee of the defendant's business, Sweet Melody Express, or an independent residential employee. The Board affirmed the WCJ's finding that the applicant was not an employee of Sweet Melody Express at the time of the injury, deeming her services to the defendant's home to be sporadic and casual housecleaning for the individual, not the business. Therefore, her claim for workers' compensation was denied.

Workers' Compensation Appeals BoardReconsiderationEmployee StatusResidential EmployeeCasual EmploymentLabor Code Section 3351Labor Code Section 3352(a)(8)Burden of ProofCredibility FindingEmployer Capacity
References
0
Case No. MISSING
Regular Panel Decision
Oct 24, 2012

Sweet v. Astrue

This case involves a judicial review of the Commissioner of Social Security's denial of disability benefits to Joseph P. Sweet. United States Magistrate Judge Victor E. Bianchini recommended reversing the Commissioner's decision and remanding the case, a recommendation fully adopted by District Judge Glenn T. Suddaby. The court found that the Administrative Law Judge (ALJ) erred by improperly discounting the opinion of Plaintiff's treating psychologist, Dr. William H. Kimball, failing to adequately develop the evidentiary record, and making a flawed credibility assessment. Specifically, the ALJ assigned too little weight to Dr. Kimball's findings regarding pseudo-seizures and related mental impairments, and should have re-contacted Dr. Kimball to address discrepancies with other medical opinions and website evidence. Consequently, the case is remanded for further administrative proceedings consistent with the court's findings, including a reevaluation of medical evidence, Plaintiff's credibility, and his residual functional capacity.

Disability BenefitsSocial Security ActPseudoseizuresMental ImpairmentTreating Physician RuleALJ ErrorRemandMedical EvidenceCredibility AssessmentFunctional Capacity
References
54
Case No. MISSING
Regular Panel Decision

Potter v. M.A. Bongiovanni, Inc.

Plaintiff James R. Potter sustained injuries while performing masonry work for Sweet Associates, Inc., a subcontractor, on a project where M.A. Bongiovanni, Inc. was the general contractor. Potter initiated an action against Bongiovanni and Roundout Electric, Inc., alleging negligence and violations of Labor Law sections. Bongiovanni then filed a third-party action against Sweet Associates, seeking contractual and common-law indemnification. The Supreme Court initially granted Bongiovanni's motion for summary judgment on indemnification, denying Sweet's cross-motion. On appeal, the court determined that the contractual indemnification clause was void under General Obligations Law § 5-322.1 (1) to the extent it sought to indemnify Bongiovanni for its own negligence, but would be enforceable if Bongiovanni was found free of negligence. Bongiovanni failed to meet its burden of demonstrating lack of negligence, thus not meriting summary judgment. Furthermore, the court held that Bongiovanni's common-law indemnification claim against Sweet was barred by Workers' Compensation Law § 11, as the plaintiff's injuries did not qualify as 'grave injuries.' Consequently, the order was modified to deny Bongiovanni's motion for summary judgment and grant Sweet's cross-motion to the extent of dismissing the common-law indemnification claim.

Contractual IndemnificationCommon-Law IndemnificationSummary JudgmentLabor LawWorkers' Compensation LawGeneral Obligations LawSubcontractor LiabilityGeneral Contractor LiabilityNegligenceThird-Party Action
References
8
Case No. MISSING
Regular Panel Decision

Bugge v. Sweet

Plaintiff appealed an order from the Supreme Court in Otsego County which set aside a jury verdict in his favor for $10,000 and directed a verdict for the defendant. The case stemmed from a 1975 motor vehicle accident, with the central legal question being whether the plaintiff sustained a "serious injury" as defined by Insurance Law § 671(4) at the time. The appellate court reviewed the medical evidence presented, specifically the testimony of the plaintiff's doctor. The court found the doctor's testimony regarding the permanency and causal link of the injury to the accident to be burdened with doubt, speculation, and inconsistency. Consequently, the appellate court determined that the plaintiff failed, as a matter of law, to establish the "serious injury" threshold required for recovery. Therefore, the order and judgment in favor of the defendant were affirmed.

Motor Vehicle AccidentPersonal InjurySerious Injury ThresholdInsurance LawSpinal FusionLumbo-sacral StrainCausationPermanencyMedical Expert TestimonyAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Sweet v. Passno

The Family Court of Warren County partially granted a respondent's cross-application to modify a petitioner's visitation rights with their 14-year-old daughter, Dina. The court denied the petitioner's request for custody and conditioned Dina's option to decide her visitation schedule on Dina and the respondent undergoing counseling. Dina's Law Guardian appealed this counseling condition. The appellate court, citing prior rulings, affirmed the Family Court's order, stating that a directive for treatment can be included in a visitation order if it does not impede the exercise of visitation, which was deemed not to be the case here as counseling was a condition for Dina to reduce visitation.

Family LawVisitation RightsCustody DisputeChild CounselingAppellate ReviewFamily Court Act Article 6Best Interest of ChildConditional VisitationLaw GuardianParental Rights
References
3
Case No. MISSING
Regular Panel Decision

In re the Claim of Sweet

A claimant, formerly a sewage treatment worker for a municipality, left his job and moved to Hawaii after receiving a conditional job offer at a tropical fish farm and his girlfriend's relocation there. Upon arrival, he discovered the position was no longer available. The Unemployment Insurance Appeal Board subsequently ruled that the claimant was disqualified from receiving unemployment insurance benefits, determining he had voluntarily left his employment without good cause. The appellate court affirmed the Board's decision, finding substantial evidence that the claimant failed to verify the job offer before moving and had primarily relocated for personal reasons without definite employment.

Unemployment benefitsVoluntary quitGood cause for leavingJob availabilityRelocation for personal reasonsDisqualification for benefitsAppellate reviewSubstantial evidenceMunicipality employmentHawaii job offer
References
0
Case No. MISSING
Regular Panel Decision

Sweet v. Packaging Corp.

Plaintiff, an employee of A Plus Environmental Services, was injured on October 19, 1995, while removing asbestos roofing for Monahan-Loughlin Inc., a subcontractor for Packaging Corporation of America. The injury occurred when a coworker slipped on wet asbestos fibers from previous rain, causing the full weight of a roof section to shift onto plaintiff. Plaintiff had previously complained about the slippery conditions without remedy. Subsequently, plaintiff filed a claim under Labor Law § 241 (6). Defendants moved for summary judgment, which the Supreme Court denied. On appeal, the court affirmed the denial of summary judgment, ruling that while the asbestos fibers were an integral part of the worksite, the precipitation causing them to be slippery was not, making the defendants' failure to remedy the condition actionable under 12 NYCRR 23-1.7 (d).

Workers' CompensationConstruction AccidentSlippery ConditionsLabor LawSummary JudgmentAppellate ReviewWorkplace SafetyAsbestos RemovalRoof WorkPersonal Injury
References
2
Case No. MISSING
Regular Panel Decision

Walsh v. Sweet Associates, Inc.

Plaintiff Gregory M. Walsh, an electrician, sustained a broken back after falling 30 feet from a tubular steel tower erected by the defendant, a prime contractor, at a construction site in the State Education Building in Albany. Plaintiff and his wife subsequently filed an action against the defendant, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendant moved for summary judgment, asserting a lack of control over the plaintiff or his employer, while the plaintiffs cross-moved for summary judgment. Initially, the Supreme Court denied both motions, finding questions of fact. However, on appeal, the court determined that the defendant, acting as a prime contractor, did not possess the requisite authority to supervise or control the plaintiff's work or the overall worksite, a precondition for liability under the cited Labor Laws. Consequently, the appellate court granted the defendant's motion for summary judgment and dismissed the complaint, affirming that control over one's own equipment does not equate to control over the work being performed.

Labor LawConstruction AccidentSummary JudgmentAppellate ReviewPrime Contractor LiabilityWorksite SafetyControl of WorkStatutory ViolationPersonal InjuryFall from Height
References
8
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