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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. MISSING
Regular Panel Decision

Scally v. Regional Industrial Partnership

Joseph E. Scally sustained personal injuries after falling from an air conditioning unit while working on a project involving the removal and replacement of these units from a building's roof. Plaintiffs brought an action alleging negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6) against various parties involved in the project, including Regional Industrial Partnership, ABB Automation, Inc., Webster Crane Service, Inc., and Hendon Enterprises, Inc. The Supreme Court initially denied partial summary judgment for plaintiffs on Labor Law § 240 (1) and dismissed certain Labor Law claims against the defendants. On appeal, the order was modified to reinstate Labor Law § 240 (1) claims against Regional Industrial Partnership, ABB Automation, Inc., and Webster Crane Service, Inc., granting plaintiffs' motion for summary judgment on this claim. The appellate court affirmed the dismissal of the Labor Law § 241 (6) claim and other parts of the order, while also addressing indemnification claims between the defendants and third-party defendant Ancoma, Inc., Scally's employer.

Personal InjuryLabor LawSummary JudgmentElevation Related RiskProximate CauseContributory NegligenceIndemnificationThird-Party ActionCrane AccidentConstruction Accident
References
25
Case No. ADJ1861602 (NOR 0180537) ADJ509009 (NOR 0190111)
Regular
Aug 23, 2010

MARIO VAZQUEZ vs. SOUTHERN CALIFORNIA GAS COMPANY, ALEXIS RISK MANAGEMENT SERVICES, INC.

The defendant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) award of 100% permanent disability and lifetime benefits to the applicant for psychological and physical injuries. The defendant argued for apportionment to non-industrial factors, citing a medical evaluator's opinion that the applicant had pre-existing personality disorders. However, the WCAB denied reconsideration, finding the defendant failed to meet its burden of proof on apportionment, as the medical expert could not medically quantify the non-industrial contribution to the disability. Furthermore, the WCAB upheld the finding that the applicant's two industrial injuries were intertwined, preventing separate apportionment between them.

Petition for ReconsiderationJoint Findings of Fact and AwardIndustrial InjuryPsycheHeadachesSeizuresPermanent DisabilityApportionmentNon-Industrial FactorsSubstantial Evidence
References
12
Case No. MISSING
Regular Panel Decision

Matter of Marzovilla v. New York State Industrial Board of Appeals

Petitioners Nicola Marzovilla and Valodome, Inc., challenged a determination by the Industrial Board of Appeals (IBA) which found they violated Labor Law § 196-d by misappropriating employee tips at their New York City restaurant, iTrulli. The misappropriation occurred from 2001 to 2005 through the inclusion of senior employees, Gianni Linardic and Alex Steidl, in a mandatory tip pool, despite their ineligibility due to supervisory roles or non-service primary duties. The Department of Labor (DOL) initially assessed approximately $407,000 in owed wages, interest, and penalties, a finding largely upheld by the IBA. The Appellate Division confirmed the IBA's decision, concluding that Linardic exercised "meaningful authority" over other servers and Steidl's duties were not principally customer service, thus rendering both ineligible for tip sharing. Consequently, the determination of tip misappropriation was upheld, and the petitioners' CPLR article 78 petition was dismissed.

Tip PoolingWage MisappropriationLabor Law § 196-dIndustrial Board of AppealsAppellate ReviewRestaurant IndustrySupervisory EmployeesTip EligibilityCPLR Article 78Judicial Review
References
6
Case No. 15 Civ. 7543 (NSR)
Regular Panel Decision
Mar 22, 2017

Safe Step Walk in Tub Co. v. CKH Industries, Inc.

Plaintiff Safe Step Walk In Tub Co. sued Defendant CKH Industries, Inc. for non-payment of marketing fees. CKH counter-claimed, alleging violations of franchise laws, breach of agreements, unfair business practices, and fraud. Safe Step moved to dismiss CKH’s counter-claims. The court granted in part and denied in part the motion. It determined that the relationship between the parties could plausibly constitute a franchisor-franchisee relationship under the FTC Rule and various state laws, allowing certain counter-claims to proceed. However, claims under New York and Rhode Island's "Little FTC" Acts, breach of the implied covenant of good faith and fair dealing, and unfair competition were dismissed. The court also held that Tennessee law governs the contract disputes, while state franchise laws apply where Defendant's franchises are located. Additionally, the court found that oral modifications and part performance could sustain certain contract claims despite written-only modification clauses.

Franchise LawBreach of ContractUnfair CompetitionFraudMotion to DismissChoice of LawFederal Trade Commission ActState Franchise ActsPromissory EstoppelUnjust Enrichment
References
87
Case No. MISSING
Regular Panel Decision
Nov 27, 2006

Smolik v. Turner Construction Co.

The plaintiff, a Kings County resident, sustained injuries at a New Jersey construction site while working for a New Jersey employer. Following initial treatment and a New Jersey workers' compensation claim, the plaintiff initiated a personal injury action in New York against Turner Construction Company and Metrovest Equities, Inc., both New York corporations with operations in New Jersey. The defendants moved to dismiss the complaint on the basis of forum non conveniens, arguing New York was an inconvenient forum. The Supreme Court, Kings County, granted these motions, and the appellate court affirmed the dismissal, finding no improvident exercise of discretion given the lack of substantial nexus to New York.

Personal InjuryForum Non ConveniensDismissalAppealNew York CourtsNew Jersey SitusJurisdictionCPLR 327DamagesConstruction Site
References
9
Case No. MISSING
Regular Panel Decision

Oliver v. N.L. Industries, Inc.

Plaintiff David Oliver suffered personal injuries when struck by molten metal from a die casting machine during employment, leading to an action against N.L. Industries for negligence, breach of warranty, and strict liability. The Supreme Court erred in granting N.L. Industries summary judgment regarding the adequacy of warnings, as no warnings were present on the machine, and the defendant was aware of the danger, creating a triable issue of fact. However, summary judgment was proper for N.L. Industries concerning liability for defective limit switches manufactured by co-defendant NAMCO Controls. The action is not barred by Workers' Compensation Law exclusivity provisions, as it falls under an exception for employers assuming third-party tortfeasor obligations.

Personal InjuryMolten MetalDie Casting MachineNegligenceBreach of WarrantyStrict LiabilitySummary JudgmentAdequacy of WarningsDefective ProductWorkers' Compensation Exclusivity
References
6
Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
Case No. ADJ4157637
Regular
Mar 18, 2010

BEATRICE WEISS vs. TECHNOLOGY FUNDING, LUMBERMEN'S MUTUAL CASUALTY COMPANY, BROADSPIRE, a CRAWFORD COMPANY

This case involves an applicant who sustained a spinal injury in 2000 and was awarded permanent total disability and ongoing medical treatment, including assisted living. The Workers' Compensation Appeals Board (WCAB) clarified that the applicant is entitled to full reimbursement for assisted living costs incurred after exhausting long-term care insurance, as medical treatment for industrial injuries is not apportionable, even if concurrent non-industrial conditions exist. However, the WCAB reversed an award for personal duty aides, finding insufficient evidence of their necessity due to the industrial injury, and denied claims for interest on unpaid bills and guardianship costs. The WCAB affirmed reimbursement for dental expenses necessitated by medication for the industrial injury, while excluding attorney fees for enforcing treatment denials.

Workers' Compensation Appeals BoardBeatrice WeissTechnology FundingLumbermen's Mutual Casualty CompanyBroadspireCrawford CompanyADJ4157637SFO 0445495Opinion and Decision After Reconsiderationpermanent total disability
References
5
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