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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

Saratoga County Water Authority v. Gibeault

The County of Saratoga obtained easements for a water line project and retained Malcolm Pirnie, Inc. to assist. The easements were assigned to the plaintiff, a public water authority. Adjacent property owners, the Gibeaults, disputed ownership of some land covered by the easements and filed a correction deed. The plaintiff initiated an action against the Gibeaults seeking judgment under RPAPL article 15 and a declaratory judgment concerning the easements, an injunction, and damages. The Gibeaults counterclaimed, alleging trespass and taking. Subsequently, the plaintiff filed a third-party action against Malcolm Pirnie for indemnification and contribution. Supreme Court denied Malcolm Pirnie's cross-motion for summary judgment to dismiss the plaintiff's claims against it. On appeal, the Appellate Division affirmed the Supreme Court's order, concluding that genuine issues of fact remained regarding Malcolm Pirnie's alleged negligence in procuring the easements, particularly concerning their awareness of the Gibeaults' ownership claims. The court also rejected Malcolm Pirnie's argument of judicial estoppel.

EasementsProperty RightsSummary JudgmentNegligenceIndemnificationContributionJudicial EstoppelBoundary DisputesThird-Party ActionAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Malcolm v. Honeoye Falls Lima Central School District

Plaintiff Bernice Malcolm sued Honeoye Falls-Lima Central School District alleging unlawful discrimination based on race, sex, and age, hostile work environment, unfair scrutiny, retaliation, and breach of a Settlement Agreement. Malcolm had previously resigned and signed a Release barring all pre-July 16, 2007 claims, except for Workers' Compensation and breach of the Settlement Agreement. The District moved to dismiss, arguing the Release barred the federal claims. The Court granted the motion to dismiss, finding the discrimination and retaliation claims were covered by the Release and no post-release discrimination was alleged. The Court declined to exercise supplemental jurisdiction over the remaining state-law breach of contract claim, dismissing the Amended Complaint in its entirety.

Employment DiscriminationTitle VIINew York Human Rights LawHostile Work EnvironmentRetaliationSettlement AgreementReleaseMotion to DismissRule 12(b)(6)Supplemental Jurisdiction
References
7
Case No. ADJ7745900
Regular
Mar 26, 2013

Malcolm Johnson vs. Pittsburgh Steelers

The Workers' Compensation Appeals Board granted the Pittsburgh Steelers' petition for reconsideration, rescinding the original decision. The Board found insufficient evidence to establish California jurisdiction over Malcolm Johnson's claim, specifically regarding whether his work activities in California were a contributing cause to his injury. The case is remanded for further development of the record on this jurisdictional issue, including obtaining supplemental medical opinions or depositions from the treating physicians. The Board also clarified that Johnson's temporary work in California did not constitute "regular" employment for extraterritorial jurisdiction purposes.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryProfessional AthleteTemporary DisabilityPermanent DisabilityJurisdictionLabor Code Section 3600.5(b)De Minimis ContactsDue Process
References
16
Case No. MISSING
Regular Panel Decision

Reich v. Malcolm Pirnie, Inc.

This case concerns the pay practices of defendant Malcolm Pirnie, Inc. (MP) under the Fair Labor Standards Act (FLSA). The Secretary of Labor alleged that MP failed to pay time-and-a-half overtime to certain professional employees, arguing they were hourly, not salaried, due to pay reductions for partial-day absences. Initially, the District Court sided with MP, finding reductions inadvertent, but the Second Circuit reversed, determining MP's policy allowed such deductions, rendering the "window of correction" inapplicable. On remand, this District Court, adhering to the Second Circuit's binding decision, granted the plaintiff's motion for summary judgment. Consequently, MP was enjoined from withholding $515,455.50 in backwages and ordered to pay prejudgment interest to the affected employees.

Fair Labor Standards ActFLSAOvertime PaySalaried EmployeeHourly EmployeePay ReductionWindow of CorrectionPortal-to-Portal ActBackwagesPrejudgment Interest
References
5
Case No. ADJ481283 (MON 0323982)
Regular
Sep 28, 2009

GINA MALCOLM vs. KELLY STAFF LEASING, CNA

The Workers' Compensation Appeals Board (WCAB) denied Gina Malcolm's petition for reconsideration of a prior decision. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ). Therefore, the WCAB's order officially denies the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgeWCJKelly Staff LeasingCNAGina MalcolmRonnie G. CaplaneJames C. Cuneo
References
0
Case No. MON 323982 MON 323983
Regular
Mar 10, 2008

Gina Malcolm vs. KELLY STAFF LEASING, CNA

This case concerns Gina Malcolm's workers' compensation claims for a right hip injury and a left shoulder injury. The applicant sought reconsideration of a decision that apportioned 25% of her permanent disability for both injuries to pre-existing, non-industrial osteonecrosis. The Board denied reconsideration, affirming the original finding that the apportionment was proper based on the Agreed Medical Examiner's opinion regarding the causation of the permanent disability.

Gina MalcolmKelly Staff LeasingCNAPetition for ReconsiderationFindings and Awardpermanent disabilityapportionmentnon-industrial factorsAgreed Medical Examiner (AME)Dr. Jeffrey Berman
References
19
Case No. ADJ6644379 ADJ9878351 ADJ7615307 ADJ6644975
Regular
Sep 24, 2015

MALCOLM STRONG vs. FEDEX OFFICE AND PRINT SERVICES, ACE AMERICAN INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in attorney fee calculations for applicant Malcolm Strong's permanent disability awards from a specific and cumulative injury to his cervical spine and upper extremities. The Board affirmed the original findings regarding the nature and extent of the injuries and the permanent disability ratings assigned by the WCJ. Applicant's contention that the WCJ erred by using the Combined Value Table to combine impairment ratings was rejected, as the WCJ's application of the AMA Guides was consistent with the Agreed Medical Examiner's report.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical ExaminerRichard D. ScheinbergM.D.Permanent Disability Rating ScheduleAMA GuidesCombined Values Tablecervical spine
References
12
Case No. MISSING
Regular Panel Decision

Wolfe v. KLR Mechanical, Inc.

Plaintiff Malcolm Wolfe, a millwright employed by DLX Inc., was injured when he slipped on a threaded rod while working at defendant Irving Tissue, Inc.'s paper mill. Wolfe and his wife filed an action alleging negligence and violations of Labor Law §§ 200 and 241 (6) against Irving Tissue, Inc., Northeast Riggers & Erectors, Inc. (general contractor), and KLR Mechanical, Inc. (subcontractor). The Supreme Court granted summary judgment to all defendants, dismissing the complaint. On appeal, the court affirmed the dismissal of the Labor Law § 241 (6) claims against all defendants and the other claims against Northeast Riggers & Erectors, Inc. and KLR Mechanical, Inc. However, the court reversed the summary judgment granted to Irving Tissue, Inc. concerning common-law negligence and Labor Law § 200, finding that Irving retained control of the stairway and failed to establish a lack of constructive notice of the dangerous condition. The case was remitted for further proceedings against Irving Tissue, Inc.

Labor LawSummary JudgmentPremises LiabilityConstruction AccidentRoutine MaintenanceIndustrial CodeAppellate DivisionSpecial EmployeeConstructive NoticeDangerous Condition
References
21
Case No. 97 Civ. 8830(SAS)
Regular Panel Decision
Jun 17, 1998

Waterman v. Transport Workers' Union Local 100

Plaintiff Andre Waterman, a bus driver, was terminated after testing positive for cocaine. He filed an action against Transport Workers’ Union Local 100 for breach of fair representation and against Malcolm Goldstein and O’Donnell Schwartz Glanstein & Rosen for legal malpractice. The defendants moved for summary judgment. The court granted the defendants' motion, dismissing the claim against the union on grounds of res judicata and the six-month statute of limitations. The malpractice claim against Goldstein and his firm was also dismissed, as the court found that union attorneys acting as agents of the union in collective bargaining agreement contexts are immune from suit by individual union members.

Summary JudgmentBreach of Fair RepresentationLegal MalpracticeRes JudicataStatute of LimitationsUnion ImmunityAttorney ImmunityDrug TestingEmployment TerminationCollective Bargaining Agreement
References
41
Case No. CA 13-01845
Regular Panel Decision
Oct 03, 2014

JONES, JAMES W. v. COUNTY OF ERIE

Plaintiff James W. Jones was injured after falling from a tree while trimming branches on property owned by the County of Erie. The County had hired American Site Developers LLC (ASD) as a general contractor and Malcolm Pirnie, Inc. (MP) to monitor the work, with plaintiff's employer being a subcontractor. Plaintiff sued the County, ASD, and MP for common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court granted summary judgment to all defendants, dismissing the complaint. The Appellate Division affirmed the Supreme Court's order, concluding that the defendants lacked supervisory control over the plaintiff's work, which is a prerequisite for liability under Labor Law § 200 and common-law negligence. The court also determined that the dangerous condition was inherent in the work itself, not created by the County.

Personal InjuryNegligenceLabor LawSummary JudgmentAppellate ReviewPremises LiabilityConstruction Site AccidentFall from TreeSupervisory ControlSafe Place to Work
References
12
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