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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
Nov 02, 1981

Liberty Mutual Insurance v. Newman

Plaintiff insurer, Liberty Mutual Insurance Company, mistakenly paid $9,805.66 to defendant Ruth Newman, intended for an aggregate trust fund related to her deceased husband's workers' compensation benefits. After forwarding the correct payment to the fund, Liberty Mutual sought restitution from Newman, who refused. The Workers' Compensation Board declined to intervene, stating no recourse existed under the Workers' Compensation Law for the error. Special Term initially granted summary judgment to Liberty Mutual. On appeal, the judgment was modified, with the Appellate Division agreeing it was a mistake of fact, not an overpayment of benefits, thus affirming the denial of Newman's summary judgment motion. However, the case was remitted to Special Term for a hearing to determine if ordering full restitution would cause a detrimental change in Newman's position regarding her benefits, and clarified that interest and costs should not be awarded against her.

restitutionmistake of factworkers' compensationsummary judgmentunjust enrichmentdetrimental relianceequityinsurance carrieraggregate trust fundappellate review
References
19
Case No. MISSING
Regular Panel Decision

Peterson v. Barry, Bette & Led Duke, Inc.

The case involves a worker's fall through a roof, leading to a motion for summary judgment on liability by the plaintiff based on Labor Law § 240 (1). Defendants cross-moved for summary judgment on their 'recalcitrant worker' defense and for conditional indemnification against the third-party defendant, Wm. C. McCombs Company. The court addressed whether the facts supported the recalcitrant worker defense, which requires proof of a deliberate refusal to use available safety equipment. The court found a conspicuous lack of evidence for deliberate refusal, stating that unintentional failure or negligent omission would not support the defense against absolute liability under Labor Law § 240 (1). The court noted that workers were not expected to be tied on at all times and had to unhook for tasks. Therefore, the defendants failed to prove the crucial element of deliberate refusal, and their summary judgment motion on this defense was denied. The court granted partial summary judgment on liability for the plaintiff and granted defendants' motion for contractual indemnification from McCombs, determining McCombs was an agent by operation of law.

Labor Law § 240(1)Recalcitrant Worker DefenseSummary JudgmentAbsolute LiabilityConstruction AccidentFall from HeightSafety EquipmentDeliberate RefusalNegligent OmissionContractual Indemnification
References
36
Case No. MISSING
Regular Panel Decision

LeFever v. Stultz

Plaintiff Kleon M. LeFever and defendant Ralph Stultz, both assistant general counsel at North American Philips Corporation, were involved in an incident in 1977. Stultz, intoxicated, lost balance and fell, dragging LeFever, who severely injured his right eye. LeFever received workers' compensation benefits. Subsequently, LeFever sued Stultz, whose answer included a Workers' Compensation Law defense. Special Term initially granted LeFever's motion to strike this defense. The appellate court found that Special Term erred, concluding there is a triable issue of fact regarding whether Stultz was acting in the course of his employment, despite his intoxication. Therefore, Stultz's Workers' Compensation Law defense is reinstated, and the plaintiffs' motion to strike is denied.

Workers' Compensation Law DefenseFellow Employee InjuryIntoxication at WorkCourse of EmploymentTriable Issue of FactMotion to Strike DefenseAppellate ReviewPersonal InjuryEmployer PremisesAccident at Work
References
1
Case No. MISSING
Regular Panel Decision
Aug 14, 1996

Sanfilippo v. City of New York

The Supreme Court, New York County, initially granted the defendant's motion to amend its answer to include the affirmative defense of workers' compensation exclusivity and also granted summary judgment based on this defense. Upon the plaintiff's motion to renew and reargue, the court adhered to its prior order. However, the appellate court unanimously modified this order. It affirmed the granting of the motion to amend the answer, citing no prejudice from the delay. Crucially, the appellate court denied the defendant's motion for summary judgment, finding that there were unresolved questions of fact regarding whether the plaintiff was a 'special employee' of the defendant, specifically concerning the supervision and control of the plaintiff's work.

Summary JudgmentWorkers' Compensation ExclusivitySpecial Employment DoctrineMotion to Amend AnswerMotion to RenewMotion to ReargueQuestions of FactAppellate ReviewProcedural LawLabor Law Defense
References
4
Case No. MISSING
Regular Panel Decision
Oct 23, 1996

Cardone v. Villa Margherita, Inc.

The plaintiff appealed from an order of the Supreme Court, Nassau County, which denied his motion to dismiss certain affirmative defenses. The Supreme Court properly denied the plaintiff's motion, as the defendant provided sufficient proof to raise a material question of fact regarding the nature of the plaintiff's employment relationship with the defendant. This question is crucial because the defenses would be barred by Workers' Compensation Law § 11 if the plaintiff were an employee of the defendant. The order was affirmed with costs.

personal injuriesaffirmative defensesemployment relationshipWorkers' Compensation LawSupreme CourtNassau Countyappealmotion to dismissquestion of factappellate decision
References
2
Case No. 14-18-00062-CV
Regular Panel Decision
Apr 30, 2019

Michael Lee Wyrick A/K/A Mike Wyrick and Gregory Michael Ruhnke A/K/A Greg Ruhnke v. Business Bank of Texas, N. A.

This case involves two individual guarantors, Michael Lee Wyrick and Gregory Michael Ruhnke, appealing a trial court's summary judgment that enforced their $3 million promissory note guaranty in favor of Business Bank of Texas, N.A., and dismissed their tort claims. The guarantors argued the trial court erred in granting summary judgment due to contract defenses like fraudulent inducement and mutual mistake, and affirmative counterclaims including fraud and tortious interference. The appellate court found the guarantors lacked standing for some counterclaims and failed to raise fact issues for others and their defenses. The court also reviewed a permanent anti-suit injunction issued by the trial court, concluding it was an abuse of discretion as the circumstances did not warrant such extraordinary relief. Consequently, the appellate court affirmed the trial court's judgment on the guaranties and counterclaims, but modified it to dissolve the anti-suit injunction.

Guaranty enforcementPromissory noteSummary judgment appealFraudulent inducementNegligent misrepresentationMutual mistakeEquitable estoppelTortious interferenceNegligence claimsGross negligence claims
References
76
Case No. MISSING
Regular Panel Decision

Whitehead v. Holston Defense Corporation

Eoscoe E. Whitehead was awarded total and permanent disability under the Workmen’s Compensation Law due to pulmonary fibrosis, an occupational disease contracted during his employment at Holston Defense Corporation. The defendant appealed, challenging the compensability of the disease and alleging lack of proper notice. The Court affirmed the Chancellor's decree, finding substantial evidence of a causal connection between Whitehead's work conditions and his illness. The Court also determined that the employer's medical staff had actual knowledge of Whitehead's condition and concealed it from him. It broadly interpreted T.C.A. sec. 50-1101 to include Whitehead's ailment as a compensable occupational disease, overruling the assignments of error.

Occupational DiseasePulmonary FibrosisWorkers' CompensationTotal Permanent DisabilityCausationEmployer KnowledgeConcealment of ConditionStatutory ConstructionNon-scheduled Occupational DiseaseIndustrial Exposure
References
2
Case No. MISSING
Regular Panel Decision

Jastrzebski v. North Shore School District

The provided text is a dissenting opinion by Bracken, J. P., with Krausman, J., concurring. The dissent argues against the majority's decision, which seemingly allowed the 'recalcitrant worker' defense to prevail for the defendant. Bracken, J. P., asserts that the facts of the current case are virtually identical to those in *Gordon v Eastern Ry. Supply*, a precedent-setting case where the Court of Appeals explicitly rejected the recalcitrant worker defense under similar circumstances involving a fall from a ladder when alternative equipment (scaffolds) was available. The dissent criticizes the majority for distinguishing *Gordon* by recasting its facts, arguing that the reported facts in *Gordon* consistently indicated scaffold availability. Therefore, the dissenting judge votes to reverse the order and judgment, grant the plaintiff judgment as a matter of law on liability, and remit the case for a trial on damages.

Recalcitrant Worker DefenseLadder SafetyScaffold SafetyWorkplace InjuryEmployer LiabilitySummary JudgmentAppellate DivisionCourt of AppealsPrecedentLegal Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Center for Constitutional Rights v. Department of Defense

The Center for Constitutional Rights (CCR) initiated this Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD), FBI, and CIA, seeking the release of images and videos of detainee Mohammed al-Qahtani from Guantánamo Bay. While the DOD and FBI acknowledged possessing such records but withheld them, the CIA issued a Glomar response, neither confirming nor denying their existence. The Court ultimately denied CCR's motion for partial summary judgment and granted the Government's cross-motion for summary judgment. The decision cited national security concerns, including potential harm to military personnel, extremist recruitment, compromised intelligence efforts, and adverse impacts on international relations, as valid reasons for withholding the records and for the CIA's Glomar response under FOIA Exemption 1.

Freedom of Information Act (FOIA)National SecurityClassified InformationGuantánamo BayDetaineeMohammed al-QahtaniSummary JudgmentFOIA ExemptionsGlomar ResponseIntelligence Collection
References
26
Case No. 04-CR-156
Regular Panel Decision

United States v. Taveras

Defendant Humberto Pepin Taveras faces a homicide trial where the government seeks the death penalty for the killings of two associates during a drug trafficking dispute. Senior District Judge Jack B. Weinstein addresses the admissibility of a self-defense claim, emphasizing heightened protections for defendants in capital cases and allowing more leeway for evidence favoring the defendant. The defense intends to establish self-defense through witness statements suggesting the victims, José Rosario and Carlos Madrid, had threatened Pepin and his family. The prosecution disputes this, arguing Pepin deliberately sought out and murdered the victims, thereby precluding a self-defense claim as he initiated the confrontations. The court ultimately rules that Pepin will be permitted to argue self-defense, and related evidence will be allowed, with a self-defense instruction to the jury contingent on sufficient proof being presented.

Self-defenseCapital punishmentHomicide trialEvidentiary rulesDrug traffickingDeath penaltyJury instructionsCriminal lawDue processReasonable doubt
References
45
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