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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

Claim of Morelli v. Tops Markets

Claimant, having sustained work-related injuries in 2007 and receiving benefits, was questioned by a Workers' Compensation Law Judge (WCLJ) regarding work activities at a 2011 hearing. Immediately after, the employer and its carrier sought to introduce surveillance video and investigator testimony, alleging a violation of Workers' Compensation Law § 114-a. The WCLJ denied this request and precluded the evidence, ruling that the carrier failed to disclose the surveillance prior to the claimant's testimony. The Workers' Compensation Board affirmed this decision, reiterating the established requirement for timely disclosure of surveillance materials to prevent 'gamesmanship.' The appellate court subsequently affirmed the Board's decision, finding no arbitrary or capricious action, as the carrier had an opportunity to disclose the evidence before prompting the WCLJ's questioning and before the claimant testified.

Workers' Compensation LawSurveillance EvidenceDisclosure ObligationPreclusion of EvidenceAppellate ReviewEvidence AdmissibilityClaimant TestimonyEmployer ResponsibilitiesCarrier ResponsibilitiesBoard Decision
References
11
Case No. MISSING
Regular Panel Decision

Matter of Campbell v. Interstate Materials Corporation

The claimant, an operating manager for Interstate Materials Corporation, suffered injuries to his neck, back, and knees in August 2006 and a second lower back injury in April 2008. A Workers' Compensation Law Judge initially classified the claimant with a permanent total disability and struck the independent medical examiner's report. The Workers' Compensation Board reversed this, finding the IME report improperly precluded due to the examiner's hospitalization and reclassified the claimant with a permanent partial disability, equally apportioned between the two accidents. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in considering the IME report and that substantial evidence supported both the permanent partial disability classification and the equal apportionment of the disability.

Permanent Partial DisabilityPermanent Total DisabilityWorkers' Compensation BoardApportionment of DisabilityMedical EvidenceIndependent Medical Examination (IME)Cross-Examination RightsAbuse of DiscretionSubstantial EvidenceConflicting Medical Opinions
References
12
Case No. CA 10-01067
Regular Panel Decision
Apr 01, 2011

TIMMONS, JOSEPH v. BARRETT PAVING MATERIALS, INC.

Joseph Timmons sustained injuries while working on property owned by Barrett Paving Materials, Inc., leading to a lawsuit alleging Labor Law violations. Barrett Paving then initiated a third-party action against Timmons' employer, Schneider Brothers Corporation, and a separate action against Colony Insurance Company. The Supreme Court granted Barrett's motion for summary judgment, dismissing the Labor Law claims in Action No. 1, and denied Colony's motion in Action No. 2, declaring Barrett an additional insured. The Appellate Division affirmed the lower court's judgment, concluding that Labor Law §§ 240(1), 241(6), and 200 were inapplicable to the facts of the case. The court also affirmed Schneider's duty to defend Barrett and Colony's obligation to provide coverage to Barrett as an additional insured.

Labor LawSummary JudgmentAppellate DivisionWorkers' Compensation LawIndustrial Code RegulationsCommon-Law NegligenceContractual IndemnificationAdditional Insured EndorsementConstruction Site SafetyGravity-Related Accidents
References
23
Case No. MISSING
Regular Panel Decision

Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision

Riedel v. Steger Material Handling Co.

The Supreme Court properly denied the defendants' cross-motions for summary judgment, finding evidence that J.G.M. Installation & Service, Inc. created the accident condition and Steger Material Handling Co., Inc. was responsible for its subcontractor's negligence. The court also correctly denied the plaintiff's motion to pierce Steger Material's corporate veil and add Richard Steger as a defendant, asserting that insufficient corporate assets do not justify disregarding the corporate form. However, the court erred by granting the plaintiff's motion for additional causes of action under Labor Law §§ 200 and 241 (6), as the plaintiff was not a protected worker under these statutes. Consequently, the appellate court modified the order by denying that portion of the plaintiff's motion, while the plaintiff's remaining contention was not preserved for review.

Summary JudgmentProximate CauseCorporate VeilLabor LawSubcontractor NegligenceAppellate ReviewMotion to Amend ComplaintProtected WorkersVicarious LiabilityErie County Supreme Court
References
6
Case No. MISSING
Regular Panel Decision

People v. Fratt

The defendant, charged with second-degree murder, provided notice of intent to present psychiatric evidence from Dr. Martha Rosen, a defense-retained psychologist, who would testify about dependent personality disorder and 'battered woman's syndrome.' The prosecution subsequently moved for an order compelling Dr. Rosen to prepare a report outlining her findings and evaluations, and for the discovery of her notes. The court granted the prosecution's motion, ruling that the defendant waived psychologist-patient privilege by placing her mental state at issue. The court further held that CPL 250.10, read in conjunction with CPLR 3101(d), requires the defense to provide a detailed notice of psychiatric evidence, including expert qualifications, examination details, relied-upon materials, diagnostic opinions, and the bases for those opinions. The court denied the motion for a pretrial hearing as premature.

Psychiatric EvidenceDiscoveryExpert TestimonyPsychologist-Patient PrivilegeWaiver of PrivilegeCriminal Procedure LawCivil Practice Law and RulesMental StateBattered Woman's SyndromeForensic Evaluation
References
14
Case No. MISSING
Regular Panel Decision

Rought v. Price Chopper Operating Co.

This dissenting opinion argues against applying material hoisting regulations to the process of installing electrical wires by pulling them through conduit. The dissent asserts there is no evidence that the equipment used was lifting or suspending the wires. It highlights that the forklift was used to apply force to pull wires through a 90-degree angle, not to raise them. The opinion refers to the plaintiff's deposition, which clarified that the forklift applied force only after the wire was pushed to the turn, leading to tension that caused the wire to recoil when the rope broke. The dissent concludes that the equipment did not constitute "material hoisting equipment" under 12 NYCRR subpart 23-6, and therefore, the Labor Law § 241 (6) cause of action should have been dismissed. Stein, J., concurred.

material hoistingelectrical wiresforkliftconduit installationLabor Law Section 240(1)Labor Law Section 241(6)summary judgmentdissenting opinionworkers protectionsafety regulations
References
6
Case No. MISSING
Regular Panel Decision

Peckham v. Peckham Materials Corp.

This case involves an appeal by the defendant, Peckham Materials Corporation, in a wrongful death action. The plaintiff's decedent, John S. Peckham, was killed in a helicopter crash while a passenger in a company-owned helicopter. The defendant appealed an order from the Supreme Court, Westchester County, which granted the plaintiff's motion for partial summary judgment, striking the affirmative defense of workers' compensation. The Appellate Division reversed the order, holding that the Workers' Compensation Board has primary jurisdiction to determine the applicability of compensation benefits. The matter was remitted to the Supreme Court with instructions to defer the motion's disposition until the Workers' Compensation Board makes a final determination regarding the plaintiff's eligibility for benefits.

Wrongful DeathWorkers' CompensationPrimary JurisdictionSummary JudgmentAppellate ReviewHelicopter AccidentEmployer LiabilityJudicial DeferenceRemittalEstate Claim
References
4
Case No. MISSING
Regular Panel Decision

DiBlasi v. Commissioner of Social Security

Plaintiff Frank DiBlasi sought judicial review of a final determination by the Commissioner of Social Security, who denied his claim for Supplemental Security Income benefits, citing disability due to depression, diabetes, high cholesterol, and limb numbness. The Administrative Law Judge (ALJ) denied benefits, a decision affirmed by the Appeals Council. DiBlasi appealed, arguing the Appeals Council failed to consider new material evidence (Dr. Rinzler's assessment), erred by not remanding for clarification of a prior medical opinion, and ignored a psychiatrist's letter. The court found the new evidence cumulative and not material, and that earlier records consistently reflected DiBlasi's difficulties. Ultimately, the court determined that substantial evidence supported the ALJ's finding that DiBlasi could perform simple, routine, unskilled tasks with minimal stress and contact, and that such jobs exist in the national economy. The Commissioner's determination was affirmed.

Supplemental Security IncomeSocial Security BenefitsDisability DeterminationAdministrative Law JudgeAppeals CouncilMedical ImpairmentMental ImpairmentDepressionDiabetesGlobal Assessment of Functioning
References
13
Case No. MISSING
Regular Panel Decision
Nov 14, 1978

Claim of Spasiano v. Empire City Iron Works

The claimant, a mechanic hired in 1974, suffered a low back injury at work in November 1974. He had a pre-existing medical condition, having undergone subtotal gastrectomy in 1965. The employer's insurance carrier filed a C-250 seeking reimbursement from the Special Fund, alleging a pre-existing permanent physical impairment. To claim reimbursement, it needed to be established that the employer hired or continued the claimant with knowledge of the impairment and a good faith belief in its permanency, and that the impairment materially and substantially increased the disability. Conflicting medical opinions were presented regarding whether the claimant's prior stomach condition materially and substantially increased his disability. The Workers' Compensation Board found, based on medical evidence including Dr. Lehv's report, that the prior stomach condition did not materially and substantially increase the disability. This finding, supported by substantial evidence, led to the affirmation of the Board's decision, discharging the Special Fund from liability.

Workers' Compensation BoardSpecial Fund LiabilityPre-existing ConditionSubtotal GastrectomyLow Back InjuryMaterially and Substantially Greater DisabilityMedical EvidenceReimbursementEmployabilityPermanency
References
2
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