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Case Law Database

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

Case No. 2023 NY Slip Op 04372 [219 AD3d 819]
Regular Panel Decision
Aug 23, 2023

Iannaccone v. United Natural Foods, Inc.

The plaintiff, Louis Iannaccone, appealed an order from the Supreme Court, Rockland County, which had granted summary judgment dismissing his Labor Law § 240 (1) claim. Iannaccone alleged personal injuries suffered in October 2015 while installing camera systems for United Natural Foods, Inc., when an extension ladder he was on, resting on landscaping rocks, shifted and caused him to fall. The Supreme Court initially granted motions by the defendant and third-party defendants (Protection One Alarm Monitoring, Inc., and Protection One Systems, Inc.) to dismiss the Labor Law § 240 (1) cause of action. The Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant and third-party defendants failed to establish, prima facie, that Iannaccone's actions were the sole proximate cause of his injuries. The Appellate Division noted Iannaccone's testimony about the unsafe alternative placement of the ladder and the lack of evidence that available safety ties, not at the job site, would have prevented the fall. Consequently, the motions for summary judgment dismissing the Labor Law § 240 (1) claim were denied.

Personal InjuryLadder SafetyLabor Law 240(1)Summary Judgment ReversalAppellate ReviewProximate CauseRecalcitrant WorkerSafety DevicesConstruction AccidentWorkplace Injury
References
16
Case No. ADJ8064757
Regular
Nov 03, 2016

JOHN VAN FLEET vs. LAMBERT AND PHILLIPS CONSTRUCTION, AMERICAN ASSURANCE OF AMERICA, ZURICH NORTH AMERICA

This case concerns a workers' compensation claim for lumbar spine and sleep disorder injuries. The Appeals Board affirmed the original award but amended it to establish October 2006 as the date of injury, acknowledging the cumulative nature of the lumbar spine injury. Issues regarding the specific nature of the sleep disorder injury, the responsible insurer, and permanent disability were deferred for further proceedings at the trial level. The Board found that while a sleep disorder existed, further medical evidence was needed to establish its compensability and the extent of whole person impairment.

cumulative injurydate of injurylumbar spinesleep disorderpermanent disabilityapportionmentwhole person impairmentAMA Guidesorthopedicneurologist
References
2
Case No. ANA 0403219
Regular
May 15, 2008

PHILLIP EVANS vs. COAST GENERAL TIRE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration, finding the applicant's injury presumed compensable under Labor Code section 5402 due to the employer's untimely denial and failure to provide a claim form. The applicant's unrebutted testimony establishes the industrial nature of the fall and injury. However, the nature and extent of the injury require further medical evaluation through the panel QME process.

Labor Code section 5402presumption of compensabilityequitable estoppelclaim formuntimely denialpanel QMEmedical-legal evaluationindustrial injuryStatute of Limitationsfindings and order
References
3
Case No. 2024 NY Slip Op 04268
Regular Panel Decision
Aug 21, 2024

Matter of State Farm Mut. Auto. Ins. Co. v. New York Black Car Operators' Injury Compensation Fund

This case involves an appeal by State Farm Mutual Automobile Ins. Co. against a judgment that denied its petition to vacate an arbitration award. The arbitration award had found State Farm liable for workers' compensation benefits paid by the New York Black Car Operators' Injury Compensation Fund to an injured driver. The Supreme Court confirmed this award. On appeal, the Appellate Division, applying closer judicial scrutiny due to the statutory nature of the arbitration, affirmed the lower court's judgment, concluding that the arbitrator's determination had sufficient evidentiary support and was not arbitrary or capricious.

Arbitration LawAppellate PracticeWorkers' CompensationInsurance LitigationJudicial Review of ArbitrationStatutory MandateAutomobile InsuranceDenial of PetitionConfirmation of AwardDamages Recovery
References
8
Case No. ADJ1916556 (RIV 0038645) ADJ2708670 (ANA 0358650)
Regular
Nov 15, 2013

GHEORGHE TOMA vs. BASIC ELECTRIC, INC.; SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) successfully petitioned for reconsideration, overturning a previous finding that the applicant was eligible for SIBTF benefits. The Board determined that the applicant did not qualify because the WCJ improperly considered disability arising from the natural progression of a prior injury after a subsequent injury. SIBTF liability is based solely on the disability level at the time of the subsequent injury, which was 32% in this case. Consequently, the applicant was found not qualified for SIBTF benefits.

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent disabilitycumulative traumaspecific injuryPetition to ReopenAgreed Medical Examinerapportionmentnew and further disabilityHaendiges v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ8533165
Regular
Mar 08, 2016

Margarito Trujillo vs. Cardenas Markets, Inc.

This case involves a worker claiming industrial injury to multiple body parts. The WCJ initially found injury only to the abdomen but applicant argued other claimed injuries were not addressed. The Appeals Board granted reconsideration to clarify the issues. They are rescinding the WCJ's decision and deferring the determination of injured body parts and the nature/extent of injury for further proceedings at the trial level.

Workers' Compensation Appeals BoardReconsiderationFindings of FactInjury AOE/COELabor Code section 5402Presumption of CompensabilityMandatory Settlement ConferencePre-Trial Conference StatementParts of Body InjuredNature and Extent of Injury
References
2
Case No. 2024 NY Slip Op 03080 [228 AD3d 426]
Regular Panel Decision
Jun 06, 2024

DiMaggio v. Port Auth. of N.Y. & N.J.

Plaintiffs Salvatore DiMaggio et al. alleged that Salvatore was struck in the face by a metal rod during a construction project, resulting in injuries to his face, head, and spine, as well as aggravation of prior asymptomatic conditions. Defendants Port Authority of New York and New Jersey et al. subsequently sought authorizations for records related to 19 prior incidents involving an individual named "Salvatore DiMaggio" and moved to compel discovery or dismiss the case. The Supreme Court initially granted defendants' motion to the extent of compelling plaintiffs to provide a Jackson affidavit and authorizations. However, the Appellate Division modified this order, ruling that the requirement for a Jackson affidavit was improper, as that procedure applies when documents are claimed to be missing, not when seeking authorizations from third parties, and CPLR 3130 prohibits interrogatories upon a party served with a demand for a bill of particulars. The Appellate Division affirmed the compulsion for plaintiffs to provide authorizations for records related to claims made by Salvatore and incidents in which he was involved, given his acknowledgement of involvement in some prior incidents and failure to timely object to the demands. The court further limited the scope of these authorizations to records relating to injuries to or treatment of Salvatore DiMaggio's face, mouth, head, cervical spine, and/or thoracolumbar spine, due to the nature of the alleged injuries and the principle that general anxiety/depression from physical injuries does not place entire mental health into contention, while allowing them to be unrestricted by date due to allegations of exacerbated preexisting injuries.

DiscoveryAuthorizationsMedical RecordsPreexisting InjuriesJackson AffidavitCPLR 3126CPLR 3130Waiver of ObjectionAppellate ProcedurePersonal Injury
References
11
Case No. ADJ11266442
Regular
Apr 26, 2019

DONALD SEARLES vs. ROUNDTABLE PIZZA, EMPLOYERS COMPENSATION INSURANCE CO.

The WCAB granted reconsideration to address the defendant's due process claims regarding an expedited trial and the sufficiency of medical evidence for the applicant's cervical spine, right wrist, and right upper extremity injuries. The Board affirmed the WCJ's findings of injury to these body parts, finding substantial medical evidence supported them and that the defendant was aware of these claims timely. However, the Board struck the WCJ's deferral of the "nature and extent" issue, remanding for further proceedings on undeveloped claims of injury to the lumbar spine and left leg.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardExpedited TrialQualified Medical EvaluatorDue ProcessSubstantial Medical EvidenceCervical Spine InjuryRight Upper Extremity InjuryCarpal Tunnel Syndrome
References
5
Case No. MISSING
Regular Panel Decision

Claim of Parmenter v. New York Telephone Co.

The Workers’ Compensation Board excused the claimant's failure to give timely notice of an ankle injury sustained on October 16, 1979. The claimant notified her employer on November 26, 1979, after receiving medical treatment. The board found that notice was given as soon as the claimant became aware of the nature and extent of her injury. Additionally, the employer had actual knowledge of the injury due to the claimant's obvious disability, causing no prejudice. The appellate court affirmed the board's decision, finding substantial evidence to support its findings.

Workers' CompensationNotice of InjuryTimely NoticeEmployer KnowledgePrejudiceAnkle InjuryBoard DecisionAppellate ReviewSubstantial EvidenceExcused Failure
References
3
Case No. ADJ9103621
Regular
Dec 03, 2014

DEBORAH MARKHAM-GRIVAS vs. VALLEJO CITY UNIFIED SCHOOL DISTRICT, XL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of industrial injury on August 20, 2013. The Board adopted the Administrative Law Judge's report, which found the applicant's testimony credible regarding a physical incident where she was pushed into a file cabinet during a classroom disruption. Despite the applicant's delay in reporting a physical injury, the judge considered her testimony of being in shock and seeking treatment two days later as reasonable. The Board deferred further issues, including the nature and extent of injuries, and noted the defendant's arguments about witness availability and the PQME's opinion did not warrant overturning the initial finding.

WCABPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeIndustrial InjuryCredibility Finding"At Risk" StudentsDisruptive ClassroomPhysical InjuryContusionsUnion President
References
1
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