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

Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. MISSING
Regular Panel Decision

Gaston v. Great Neck Union Free School District

Luis Gaston, an employee of Bay Welding, Inc., was injured while working at a school owned by Great Neck Union Free School District. Gaston initiated a negligence action against the School District, which subsequently filed a third-party complaint against Bay Welding, Inc., seeking indemnification for allegedly failing to procure general liability insurance as per their contract. The Supreme Court granted partial summary judgment to the School District, finding Bay Welding, Inc., had not provided proof of the required insurance. However, the Appellate Division reversed this decision, ruling that the contract regarding insurance coverage was ambiguous and necessitated a trial to determine the parties' intent.

Personal InjuryNegligenceContract DisputeIndemnificationSummary JudgmentAppellate ReviewInsurance CoverageContract AmbiguityThird-Party Action
References
0
Case No. 2025 NY Slip Op 02902 [238 AD3d 836]
Regular Panel Decision
May 14, 2025

Canales v. Rye Neck Union Free Sch. Dist.

The plaintiff, Osman Canales, an employee of Sea Breeze General Construction, Inc., sustained injuries after slipping and falling approximately five feet from a truck step at a construction site at Daniel Warren Elementary School. He initiated an action against Rye Neck Union Free School District and Daniel Warren Elementary School, alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted the defendants' motion for summary judgment, dismissing the Labor Law § 240 (1) claim and parts of the Labor Law § 241 (6) claim, while denying the plaintiff's cross-motion. The Appellate Division affirmed the Supreme Court's order, ruling that the five-foot descent was not an elevation-related risk under Labor Law § 240 (1) and that Industrial Code provisions 12 NYCRR 23-1.7 (d) and (e) (2) were inapplicable because truck steps are not considered 'elevated working surfaces' and the injury resulted from a slip, not a trip.

Labor Law § 240 (1)Labor Law § 241 (6)Industrial Code 12 NYCRR 23-1.7Elevation-related riskSafe place to workSummary judgmentSlip and fallConstruction accidentTruck egressAppellate Division Second Department
References
13
Case No. MISSING
Regular Panel Decision

Bennett v. Roman Catholic Diocese of Rockville Centre

In this workers' compensation case, the claimant appealed a decision from the Workers’ Compensation Board. The Board ruled that the claimant's cervical spine injury claim was barred by Workers’ Compensation Law § 28 because it was filed more than two years after the 2010 work-related accident, which initially caused back and leg injuries. Although the claimant argued that a carrier's payment for a 2010 CT scan constituted an advance payment of compensation, the court disagreed, noting the CT scan did not reveal neck abnormalities at the time and subsequent treatment focused on other injuries. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the neck injury claim was untimely.

Workers' CompensationStatute of LimitationsTimeliness of ClaimNeck InjuryBack InjuryAdvance Payment of CompensationIndependent Medical ExaminationAppellate DivisionNew YorkWorkers' Compensation Board Appeal
References
5
Case No. MISSING
Regular Panel Decision

Vale v. Great Neck Water Pollution Control District

The plaintiff, Shanna M. Vale, initiated an action against her former employer, Great Neck Water Pollution Control District, alleging violations of the Americans with Disabilities Act. She claimed that after breaking her wrist, her job duties were significantly altered to include strenuous tasks, and she faced harassment, including disruptions to her personal workspace. Furthermore, the plaintiff's request for a reasonable accommodation regarding her start time was denied, and she received disciplinary actions for alleged lateness before her eventual termination. The defendant sought to dismiss the complaint. The Court denied the defendant's motion, concluding that the plaintiff had sufficiently pleaded adverse employment actions and established a causal link for both her disability discrimination and retaliation claims under the ADA.

Americans with Disabilities ActDisability DiscriminationRetaliation ClaimFailure to AccommodateMotion to Dismiss DeniedAdverse Employment ActionJob Duties ModificationWorkplace HarassmentMedical LeaveBroken Wrist Injury
References
57
Case No. CV-23-0766
Regular Panel Decision
Nov 07, 2024

In the Matter of the Claim of Mary Daniels

Claimant Mary Daniels appealed a Workers' Compensation Board decision denying a causally-related neck injury. Daniels, a train conductor, initially claimed work-related injuries to her right shoulder, elbow, and hand. A Workers' Compensation Law Judge (WCLJ) established claims for the shoulder and elbow but not the neck. The Board affirmed, noting Daniels did not report neck pain in her initial claim or during a hearing, despite medical experts opining on a causally-related neck injury based on her later complaints. The Appellate Division affirmed the Board's decision, deferring to its credibility determinations and finding substantial evidence supported the finding that the medical opinions lacked a proper factual basis regarding the neck injury.

CausationNeck InjuryRight Shoulder InjuryRight Elbow InjuryMedical EvidenceCredibility DeterminationSubstantial EvidenceAppellate ReviewTreating PhysicianOrthopedic Surgeon
References
5
Case No. MISSING
Regular Panel Decision

Claim of Renz v. Home Depot USA, Inc.

Claimant, an employee of Home Depot USA, Inc., sustained injuries in 2005. Initially, a left shoulder injury was found, later amended to include a right shoulder and a potential neck injury, prompting diagnostic tests. Subsequently, claimant stipulated to a schedule loss of use for her arms, explicitly denying other body parts, leading to a May 2007 decision awarding benefits and closing the case. Despite this, claimant sought to reopen the claim for her neck and other injuries, but both the Workers’ Compensation Law Judge and the Board denied the request, finding the neck claim barred by the prior stipulation due to a lack of forthrightness regarding her neck condition. The appellate court affirmed, concluding that the Board rationally found the stipulation binding, especially considering medical guidelines and evidence that the neck was symptomatic before the agreement, thus also precluding related carpal tunnel syndrome claims.

Workers' CompensationSchedule Loss of UseNeck InjuryStipulationReopening ClaimCarpal Tunnel SyndromeCredibilityMedical GuidelinesAppellate ReviewBoard Decision
References
4
Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
1
Case No. MISSING
Regular Panel Decision

Claim of Sale v. Helmsley-Spear, Inc.

Claimant, an electrician, sought workers' compensation benefits for neck, back, and right shoulder injuries allegedly sustained during employment. Despite an initial ruling favoring some claims, a Workers' Compensation Board panel later required additional medical evidence for the neck injury. The claimant failed to provide the necessary proof, leading to the disallowance of claims for neck and back injuries. The Board affirmed this decision and denied reconsideration. The appellate court upheld the Board's findings, emphasizing the claimant's unmet burden to establish a causal relationship between the injuries to his neck and back and his employment through competent medical evidence.

Workers' Compensation BenefitsCausal RelationshipMedical EvidenceNeck InjuryBack InjuryShoulder InjuryAppellate ReviewBurden of ProofReconsideration DeniedBoard Decision Affirmed
References
2
Case No. MISSING
Regular Panel Decision

Claim of Knisell v. Treasure Chest Advertising Co.

Claimant sustained a work-related injury on October 12, 1999. Initially reporting an injury to her left arm, she later experienced neck pain and sought workers' compensation benefits for injury to her left arm, shoulder, and neck. A Workers’ Compensation Law Judge initially barred the neck injury claim due to a failure to provide timely notice to the employer under Workers’ Compensation Law § 18. However, the Workers’ Compensation Board reversed this decision, concluding that the employer was aware of the neck, arm, and shoulder injury on the date of the accident. The employer appealed the Board's reversal. The Appellate Division affirmed the Board's decision, finding that the Board's conclusion of employer awareness was supported by substantial evidence in the record.

Workers' CompensationNotice RequirementCausally Related InjuryNeck InjuryShoulder InjuryArm InjurySubstantial EvidenceAppellate ReviewBoard ReversalEmployer Knowledge
References
1
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