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

Case No. 71 Civ 2877
Regular Panel Decision

Equal Employment Opportunity Commission v. Local 638

The plaintiff, EEOC, brought an Order to Show Cause alleging that Local 28 of the Sheet Metal Workers’ International Association and its Joint Apprenticeship Training Committee (Local 28 JAC) were successors in interest to Local 10 and Local 10 JAC. The EEOC contended that Local 10 and Local 10 JAC had violated a 1973 federal district court order prohibiting discrimination against Black and Puerto Rican individuals. A Special Master was appointed and found that Local 28 was indeed the successor in interest to Local 10. The District Court affirmed the Special Master's finding, concluding that successor liability attached to Local 28. This decision was based on several key factors: the formal merger of Local 10 into Local 28, the substantial continuity of the business enterprise, Local 28's prior notice of Local 10's liabilities and the existing judicial order, and the overarching importance of federal policies, including upholding federal court judgments and promoting equal opportunity.

Successorship DoctrineLabor LawEmployment DiscriminationTitle VIIUnion MergerJudicial Order EnforcementRacial DiscriminationNational Origin DiscriminationSpecial Master FindingsFederal Policy
References
24
Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
Case No. MISSING
Regular Panel Decision
Apr 26, 1971

McLeod v. Sheet Metal Workers International Ass'n, Local Union 28

The National Labor Relations Board (NLRB) sought a temporary injunction against Sheet Metal Workers International Association, Local Union 28, AFL-CIO, alleging secondary boycott and jurisdictional dispute violations of the National Labor Relations Act (NLRA). The dispute arose from a construction project in New York City where the respondent union's members refused to install air-conditioning fans, claiming the associated masonry casing work belonged to them, not to bricklayers represented by another union (Bricklayers Local 34). The court found reasonable cause to believe the respondent engaged in unfair labor practices by attempting to force contractors to cease business with LaSalla Mason Corporation and to reassign the plenum construction work. Citing potential irreparable injury to the general contractor Diesel Construction, the court concluded that the requested injunctive relief was just and proper. Consequently, a temporary injunction was issued to restrain the respondent's actions.

Labor LawNational Labor Relations ActTemporary InjunctionSecondary BoycottJurisdictional DisputeUnfair Labor PracticesConstruction IndustrySheet Metal WorkersBricklayers UnionContract Dispute
References
2
Case No. MISSING
Regular Panel Decision

Pollack v. Safeway Steel Products, Inc.

Plaintiff Emil Pollack, a mason tender, fell from scaffolding while working on a Lowe's store construction site in Orangeburg, New York, on September 25, 2002, sustaining injuries. He sued Safway Steel Products, Inc., March Associates (general contractor), Orangeburg Holding, LLC (land owner), and Lowe's Home Centers, Inc. (developer), alleging violations of New York Labor Law §§ 240(1), 241(6), and 200, along with common law negligence and strict products liability. Both plaintiff and defendants filed motions for summary judgment. The court denied the plaintiff's motion for summary judgment under Labor Law §§ 240(1) and 241(6) against March, Lowe's, and Orangeburg due to factual disputes. The court also denied March, Lowe's, and Orangeburg's cross-motion for summary judgment. Safway's motion for summary judgment was granted for the Labor Law § 200 claim but denied for §§ 240(1) and 241(6) claims. March's request for contractual and common law indemnification from CMC Concrete Masonry (a subcontractor and third-party defendant) was denied for summary judgment purposes due to unresolved issues of fault.

Summary judgmentLabor LawScaffolding accidentConstruction site injuryProximate causeContributory negligenceNon-delegable dutyGeneral contractor liabilityOwner liabilityThird-party action
References
32
Case No. 71 Civ. 2877
Regular Panel Decision

Commission v. Local 638 ... Local 28 of Sheet Metal Workers International Ass'n

The City of New York moved to modify a prior contempt order to establish a hiring hall operator selection committee and secure compensation for its representatives. Defendant Local 28 opposed the compensation, suggesting alternative funding or a delay pending a financial audit. The court granted the modification, authorizing the committee's formation and ordering Local 28 to pay the plaintiff's representatives at the journeyperson hourly rate, plus expenses. The judge dismissed Local 28's financial hardship claims due to insufficient evidence and the union's history of non-compliance with anti-discrimination orders. This decision ensures the effective implementation of equal employment opportunities for nonwhite members through the hiring hall.

DiscriminationContemptHiring HallCompensationUnionAffirmative ActionEmployment OpportunitiesJudicial ReviewCivil RightsSanctions
References
10
Case No. MISSING
Regular Panel Decision

Claim of Cantone v. Health Enterprises Management Inc.

Claimant, the president and CEO of a health care development company, experienced a myocardial infarction in March 1991 due to a stressful work environment. He continued to receive his full salary during recuperation and subsequently left work permanently in March 1993, filing for workers' compensation benefits on March 26, 1993. The employer contended the claim was time-barred under Workers' Compensation Law § 28, but the Workers' Compensation Law Judge found the employer waived the defense through advance payments of compensation. The Workers' Compensation Board upheld this decision. The appellate court affirmed, concluding that substantial evidence supported the Board's finding that the remuneration was made in acknowledgment of the work-related nature of claimant’s condition, thus making the limitations period inapplicable.

Workers' CompensationMyocardial InfarctionStressful Work EnvironmentAdvance PaymentsTime-Barred ClaimWaiver of DefenseCausal RelationshipAppellate ReviewSubstantial EvidenceWorkers' Compensation Board
References
3
Case No. MISSING
Regular Panel Decision

Taylor v. Vassar College

The claimant alleged wrongful termination on March 17, 1977, due to a compensable injury, in violation of Workers’ Compensation Law § 120. A claim was filed nearly nine years later, on January 28, 1986. The Workers’ Compensation Law Judge initially dismissed the claim as untimely. The Workers’ Compensation Board modified this, ruling that CPLR and Workers’ Compensation Law § 28 were inapplicable, but disallowed the claim based on the doctrine of laches due to the nine-year delay being prejudicial to the employer. The appellate court agreed that CPLR and WCL § 28 do not apply to section 120 claims and found no specific statute of limitations existed at the time of filing. However, the court reversed the Board's finding of laches, stating there was no evidence in the record to support the employer's prejudice. The matter was remitted to the Workers’ Compensation Board for a further hearing on the issue of prejudice.

Workers' Compensation Law Section 120Discrimination ClaimWrongful TerminationStatute of LimitationsLaches DoctrineAppellate ReviewEmployer PrejudiceRemittal to BoardWorkers' Compensation BoardEquitable Relief
References
23
Case No. MISSING
Regular Panel Decision

Smith v. Local Union 28 Sheet Metal Workers

Plaintiff Wayne Smith, acting pro se, sued Sheet Metal Workers’ Local Union No. 28 (Local 28), its Joint Apprenticeship Committee (JAC), and several individuals and a company, alleging race discrimination under Title VII, 42 U.S.C. §§ 1981, 1985, and breach of duty of fair representation under the Labor Management Relations Act. Smith claimed improper wage payments, withheld annuity contributions, discriminatory termination, and referral to a counseling program. The court found that Smith failed to establish a prima facie case of racial discrimination, as evidence showed he was treated similarly to other apprentices regarding wages, annuity contributions, and program advancements. Additionally, his Title VII claims were time-barred, and some defendants were not named in administrative charges, failing the "identity of interest" exception. The claims for breach of fair representation were also dismissed due to being outside the six-month statute of limitations and lacking evidence of arbitrary, discriminatory, or bad faith conduct by the union. Therefore, the defendants' motions for summary judgment were granted.

Employment DiscriminationRace DiscriminationTitle VIISection 1981Section 1985Labor Management Relations ActDuty of Fair RepresentationSummary JudgmentApprenticeship ProgramStatute of Limitations
References
33
Case No. ADJ3002639 (LAO 0881928)
Regular
Jun 11, 2012

MIGUEL NAVA vs. BARRETT BUSINESS SERVICES, INC.

This case concerns an applicant's industrial injury to his spine and knees. The defendant sought reconsideration of a decision that allowed reimbursement for non-MPN providers before November 28, 2008. The Appeals Board granted reconsideration, finding the applicant was bound to select an MPN physician as of his March 11, 2008 deposition stipulation. Therefore, non-MPN services rendered after March 11, 2008, are not compensable.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNBarrett Business ServicesCorVel MPNLien ClaimantIndustrial InjurySpine InjuryKnee InjuryReconsideration
References
2
Case No. MISSING
Regular Panel Decision
Jun 02, 1997

Claim of Crawford v. New York City Health & Hospital Corp.

This case concerns an appeal from a Workers’ Compensation Board decision regarding a claimant who sustained a finger injury from a hypodermic needle in 1987. After an initial workers' compensation award, the case was reopened in 1993 when the claimant asserted a claim for a consequential posttraumatic neurosis or 'AIDS reaction phobia'. The employer argued that the two-year Statute of Limitations under Workers’ Compensation Law § 28 barred the psychiatric claim. However, the Board rejected this argument and affirmed the Workers’ Compensation Law Judge's decision to address the psychiatric condition. The Appellate Division affirmed the Board's decision, ruling that Section 28 does not bar amendment of a timely claim to include consequential injuries if a relationship exists between the subsequent claim and the initial injury.

Psychiatric Injury ClaimStatute of Limitations Workers' CompConsequential Psychological InjuriesHypodermic Needle InjuryAIDS Reaction PhobiaWorkers' Compensation Board AppealSection 28 BarAmendment of Timely ClaimCausally Related Disability
References
3
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