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

Case No. 2023 NY Slip Op 01392 [214 AD3d 1332]
Regular Panel Decision
Mar 17, 2023

Matter of Niagara Falls Captains & Lieutenants Assn. (City of Niagara Falls)

The Niagara Falls Captains and Lieutenants Association, as petitioner, appealed an order from the Supreme Court, Niagara County, which denied their petition to vacate an arbitration award. The arbitration award had previously denied the association's grievances against the City of Niagara Falls. The petitioner contended that the award should be vacated because it failed to meet the standards of finality and definiteness required by CPLR 7511 (b) (1) (iii). The Appellate Division, Fourth Department, affirmed the lower court's order, emphasizing the extremely limited judicial review of arbitration awards. The court found that the award sufficiently defined the parties' rights and obligations regarding the alleged violation of their collective bargaining agreement or past practice concerning the filling of six vacancies by the City. Ultimately, the court concluded that the award was definite and final, resolving the submitted controversy without creating new ambiguities.

Arbitration AwardVacate AwardFinalityDefinitenessCPLR 7511Collective Bargaining AgreementGrievancesJudicial ReviewAppellate DivisionPublic Sector Employment
References
9
Case No. 2-05-154-CV
Regular Panel Decision
Feb 23, 2006

Woodrow S. Peery v. Stanley Mechanic Tools, Inc. A/K/A Stanley Mechanics Tools A/K/A the Stanley Works

This is an appeal in a workers' compensation employment retaliation case. Appellant Woodrow S. Peery challenged the trial court's order in favor of appellee Stanley Mechanic Tools, Inc. Peery contended that three veniremembers were biased and that the trial court erred in denying challenges for cause. The appellate court found that Peery did not properly preserve error because he failed to peremptorily strike two objectionable veniremembers and did not timely notify the trial court before the jury was empaneled. Consequently, the appellate court affirmed the trial court's judgment.

workers' compensationemployment retaliationjury selectionchallenges for causeveniremembersjury biaspreservation of errorappellate procedureTexas civil procedurememorandum opinion
References
3
Case No. 03-07-00576-CV
Regular Panel Decision
Nov 14, 2008

MARBLE FALLS INDEPEN. SCHOOL DIST. v. Scott

Marble Falls Independent School District (ISD) appealed a decision by the Commissioner of Education, which granted a petition from a group of parents (the Keels) to detach their land from Marble Falls ISD and annex it to Lake Travis ISD. Marble Falls ISD filed suit in district court seeking judicial review before the Commissioner had ruled on its motion for rehearing, leading the trial court to dismiss the case for lack of jurisdiction due to the failure to exhaust administrative remedies. The Court of Appeals of Texas, Austin, affirmed the trial court's dismissal, holding that the Administrative Procedure Act (APA) governs such detachment/annexation proceedings. The court emphasized that exhausting administrative remedies, including awaiting a final decision on a motion for rehearing, is a non-waivable jurisdictional prerequisite to seeking judicial review, and that this defect could not be cured by abatement or ripeness arguments.

Administrative LawExhaustion of RemediesSubject Matter JurisdictionJudicial ReviewEducation CodeSchool DistrictsDetachment/AnnexationAPATexas LawCourt of Appeals
References
22
Case No. MISSING
Regular Panel Decision

Interstate Mechanical Contractors, Inc. v. McIntosh

Billy McIntosh sustained a severe hand injury while operating a power roller machine at Interstate Mechanical Contractors, Inc. He subsequently tested positive for marijuana, triggering a statutory presumption under Tennessee's Drug-Free Workplace Act that his drug use proximately caused the injury. The trial court, however, found that McIntosh successfully rebutted this presumption, concluding that the injury was proximately caused by an inexperienced coworker engaging the machine, not McIntosh's impaired reaction time. Interstate Mechanical Contractors, Inc. appealed this decision, arguing the trial court erred in its application of the statutory presumption and causation. The appellate court affirmed the trial court's judgment, upholding the finding that McIntosh had successfully rebutted the presumption.

References
10
Case No. 03-02-00652-CV; 03-02-00693-CV
Regular Panel Decision
Apr 03, 2003

in Re Marble Falls Independent School District

This case concerns a challenge to the Marble Falls Independent School District's mandatory extracurricular activity drug-testing policy. Eddie Shell, on behalf of his minor children, argued the policy infringed upon their religious freedom, privacy rights, and due process under the Texas Constitution, citing the consumption of wine for religious observances. The trial court initially granted a temporary injunction against the school district. However, the Texas Court of Appeals, Third District, reversed this decision, finding that Shell failed to establish a probable right to recover. The appellate court concluded that the drug-testing policy did not violate constitutional provisions regarding religious freedom, due process, or privacy, as it was a neutral, generally applicable law rationally related to legitimate state interests in student safety and health.

Drug TestingExtracurricular ActivitiesReligious FreedomPrivacy RightsDue ProcessTexas ConstitutionTemporary InjunctionAbuse of DiscretionSchool PolicyAppellate Review
References
26
Case No. MISSING
Regular Panel Decision

Kalloo ex rel. Ulimited Mechanical Co. of NY, Inc. v. Unlimited Mechanical Co. of NY, Inc.

Plaintiffs Kevin Kalloo, Shahrazz Mohammad, and Clement Albertie sued Unlimited Mechanical Co. of New York, Inc. and its president, Nicholas Bournias, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The plaintiffs claimed they were not paid appropriate overtime compensation for hours worked, uncompensated travel time, and, in Mr. Kalloo's case, unpaid wages for his last two weeks of employment. The court found Mr. Bournias individually liable as an employer under both acts and determined that Mr. Kalloo was an employee, not an independent contractor. The court concluded that the defendants failed to pay full overtime and straight time wages for hours worked and travel time, awarding substantial damages and liquidated damages to all three plaintiffs. Defendants' counterclaims for unjust enrichment against Mr. Albertie and tortious interference against Mr. Kalloo were denied.

Wage and Hour DisputeOvertime CompensationUnpaid Travel TimeFLSA ViolationsNYLL ViolationsEmployer ResponsibilityIndividual Employer LiabilityEmployee ClassificationDamages AwardLiquidated Damages
References
0
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. 2018 NY Slip Op 04452
Regular Panel Decision
Jun 15, 2018

Martin v. Niagara Falls Bridge Commn.

Plaintiff Eldred Jay Martin, an appellant, sustained injuries from a 25-30 foot fall while dismantling bridge scaffolding. He sued under Labor Law §§ 240 (1) and 241 (6). The Supreme Court initially granted summary judgment to the defendants, Niagara Falls Bridge Commission and Liberty Maintenance, Inc., dismissing the complaint. On appeal, the Appellate Division, Fourth Department, modified this decision, reinstating the Labor Law § 240 (1) claim due to triable issues of fact concerning the adequacy of safety devices provided. The court affirmed the dismissal of the Labor Law § 241 (6) claim. A dissenting opinion argued that the plaintiff's own actions were the sole proximate cause of his injuries, as he allegedly failed to use available safety equipment.

Scaffolding accidentLabor Law § 240(1)Summary JudgmentAppellate ReviewConstruction SafetyFall ProtectionWorkplace InjuryProximate CauseSafety DevicesEmployer Liability
References
15
Case No. 163 AD3d 1496
Regular Panel Decision
Jul 25, 2018

Provens v. Ben-Fall Dev., LLC

Plaintiff John O. Provens sustained injuries after falling from a roof on which he had been working, allegedly due to detached "toe boards." Plaintiffs commenced an action under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court denied plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) and partially granted defendant David Alen Sattora's cross-motion, dismissing the Labor Law § 241 (6) claim against him. On appeal, the Appellate Division, Fourth Department, unanimously modified the order. The Appellate Division granted plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) liability, finding the failure of the safety device was a violation as a matter of law. It also reinstated the Labor Law § 241 (6) cause of action against Sattora, asserting plaintiffs had standing and Sattora failed to establish prima facie entitlement to dismissal. Furthermore, the court granted Sattora's cross-motion to dismiss the Ben-Fall defendants' cross claims for common-law and contractual indemnification, concluding Sattora was not actively negligent for common-law indemnification and no valid contractual indemnification agreement existed for the relevant work.

Labor LawSummary JudgmentIndemnificationAppellate DivisionConstruction Site SafetyRoofing AccidentProximate CauseSafety Device FailureCross ClaimsContractual Indemnification
References
17
Case No. 13-14-00478-CV
Regular Panel Decision
Jun 11, 2015

Paul Salazar v. Crossroads Mechanical, Inc.

Paul Salazar sued his former employer, Crossroads Mechanical, Inc. (CMI), alleging wrongful termination in retaliation for filing a workers' compensation claim. Salazar was fired after taking two days off for voluntary medical research appointments, despite being explicitly denied permission by his supervisor. CMI maintained that the termination was due to Salazar's violation of its two-day no-call/no-show attendance policy, which it claimed was uniformly enforced. Salazar countered that his termination was retaliatory, pointing to his supervisor's negative attitude after his workers' compensation claims, alleged policy non-adherence by CMI, and discriminatory treatment. The trial court granted summary judgment in favor of CMI, a decision which the appellate court affirmed, concluding that Salazar failed to raise a fact issue regarding whether his discharge was causally linked to his workers' compensation claim.

Wrongful TerminationRetaliatory DischargeWorkers' Compensation ClaimAbsence-Control PolicySummary JudgmentCausal LinkCircumstantial EvidencePrima Facie CaseNon-discriminatory ReasonSimilarly Situated Employees
References
16
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