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

Case No. MISSING
Regular Panel Decision
Feb 28, 2008

New York Committee for Occupational Safety & Health v. Bloomberg

Petitioner NYCOSH requested workers' compensation records from the New York City Mayor's office and Law Department via a Freedom of Information Law (FOIL) request, seeking raw data on workplace injuries as mandated by Administrative Code § 12-127. Both agencies denied the request, providing only an annual report and claiming the raw data was not maintained in a single responsive record and would be burdensome to produce. NYCOSH initiated a CPLR article 78 proceeding, which the Supreme Court dismissed. The Appellate Division reversed, ruling that the Supreme Court applied an incorrect standard of review. It further found the City's claim of statutory exemption under Workers' Compensation Law § 110-a invalid but noted the personal privacy exemption under Public Officers Law § 87 (2) (b), requiring redaction. The court ordered a hearing to determine if retrieving electronic records constituted 'simple manipulation' or new record creation, and if producing hard copies would impose an undue burden, thereby reinstating the petition in part.

Freedom of Information Law (FOIL)Public RecordsWorkers' Compensation RecordsData PrivacyUndue BurdenElectronic Records DisclosureGovernment TransparencyCPLR Article 78 ProceedingNew York Appellate DivisionAgency Records
References
6
Case No. MISSING
Regular Panel Decision

Slesin v. Administrator, Occupational Safety & Health Administration

Louis Slesin filed a Freedom of Information Act (FOIA) request seeking documents from the Occupational Safety and Health Administration (OSHA) regarding the regulation of nonionizing radiation. OSHA released some documents but withheld portions of others, citing Exemption 5 of FOIA. Slesin cross-moved for an in camera inspection of the redactions and for summary judgment. District Judge Leval denied Slesin's cross-motion and granted summary judgment for the defendants. The court found that the redacted materials, which included staff opinions, recommendations, and internal timetables related to OSHA's deliberative process for developing new health standards, were properly withheld under Exemption 5, which protects internal agency communications reflecting deliberative or policy-making processes. The judge concluded that OSHA had adequately demonstrated that the excised material fell within the lawful exemption.

FOIAExemption 5Deliberative Process PrivilegeSummary JudgmentOccupational Safety and Health AdministrationNonionizing RadiationRegulatory StandardsAgency DeliberationsInformation DisclosureGovernment Transparency
References
10
Case No. MISSING
Regular Panel Decision

Eatherly Constraction Co. v. Department of Labor & Workforce Development

Eatherly Construction Company appealed a finding by the Occupational Safety and Health Review Commission that it violated an OSHA regulation by allowing an employee to enter an unprotected excavated trench. The company argued that its foreman, Denzil Evans, who entered the trench, was not an 'employee' under controlling regulations, or alternatively, that his actions constituted employee misconduct. The Davidson County Chancery Court affirmed the Commission's decision, finding Eatherly in violation and liable. This appellate court upheld the Chancery Court's decision, determining that the foreman qualified as an 'employee' under both statutory and regulatory definitions and that Eatherly failed to prove its affirmative defense of employee misconduct. The court also addressed the burden of proof for employee misconduct, holding it to be an affirmative defense resting on the employer.

Occupational Safety and Health Act (OSHA)Trenching and ExcavationEmployee Safety RegulationsForeman ResponsibilityEmployer LiabilityWorkplace Safety ViolationsAdministrative AppealsJudicial Review of Agency DecisionsAffirmative DefenseEmployee Misconduct Defense
References
20
Case No. MISSING
Regular Panel Decision

Ben Robinson Co. v. Texas Workers' Compensation Commission

This appeal addresses whether the Texas Workers’ Compensation Commission's Extra-Hazardous Employer Program is preempted by the federal Occupational Safety and Health Act (OSH Act). The Ben Robinson Company was designated extra-hazardous following a fatal workplace accident, leading to mandated safety inspections and an accident prevention plan. The Commission's arguments for dismissing the case, including mootness and the exclusivity of the Administrative Procedure Act, were rejected. The court concluded that the Program, as currently administered, is preempted by the OSH Act where it regulates workplace safety issues already covered by federal standards. The decision reverses the trial court's summary judgment and remands the case for a determination of costs and attorney's fees.

Occupational Safety and Health ActOSH Act PreemptionExtra-Hazardous Employer ProgramTexas Workers’ Compensation CommissionWorkplace SafetyState RegulationFederal PreemptionMootness DoctrineDeclaratory JudgmentAttorney's Fees
References
15
Case No. MISSING
Regular Panel Decision

Safety Cas. Co. v. Malvoux

Randolph Malvoux, an employee of Magnolia Petroleum Company, sued Safety Casualty Company for Workman’s Compensation due to an alleged accidental injury from overheating during employment on January 29, 1946. The jury found that Malvoux sustained an injury by overheating in the course of employment, which caused paresis, and that this injury resulted in total and permanent incapacity. The appellant, Safety Casualty Company, appealed the judgment, arguing insufficient evidence. The appellate court reviewed the evidence, including medical testimony supporting the link between overheating and the activation of syphilis leading to paresis, and found it sufficient. The court also upheld the trial judge's discretion in refusing to reopen the case for additional testimony. Ultimately, all of the appellant's points were overruled, and the trial court's judgment was affirmed.

Workers' CompensationOverheating InjuryParesisSyphilis AggravationAccidental InjuryTotal IncapacityPermanent DisabilityEmployer LiabilityMedical TestimonyAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

Thomas Doss and Releo, Inc. (plaintiffs) filed an action seeking to enjoin the Consumers Product Safety Commission (CPSC) from enforcing certain sections of the Consumers Product Safety Act against their product, the "Wel-Dex" arc welder, and requested a three-judge panel for constitutional questions. The CPSC had issued a public warning about the Wel-Dex after an investigation, despite the plaintiffs' attempts to secure a prior hearing. The plaintiffs challenged the CPSC's delegation of authority for issuing such warnings and sought pre-enforcement judicial review. The court, presided over by District Judge Noel, determined that the plaintiffs had not exhausted their administrative remedies and that the matter was not ripe for judicial review. Consequently, the defendants' motion to dismiss was granted, and the cause was dismissed.

Consumer Product Safety ActAdministrative LawAgency DiscretionSubdelegation of AuthorityPublic WarningPre-enforcement ReviewExhaustion of Administrative RemediesRipeness for ReviewThree-Judge CourtDue Process
References
26
Case No. MISSING
Regular Panel Decision
Jan 05, 2006

Toussaint v. Angello

The petitioners sought a determination that the respondent, Commissioner of Labor, violated Labor Law § 27-a (4) (b) by not adopting a safety standard recommended by the New York State Occupational Safety and Health Hazard Abatement Board. The Supreme Court denied this petition, and that decision was subsequently affirmed. The appellate court clarified that the statute does not compel the Commissioner to automatically promulgate all Board recommendations. Instead, it mandates consultation and a showing of necessity for any new standard. The Commissioner's decision to return the proposal for further review was therefore deemed a lawful exercise of authority, not arbitrary or capricious.

Labor LawSafety StandardsOccupational SafetyHazard Abatement BoardCommissioner of LaborStatutory InterpretationPromulgation of RegulationsJudicial ReviewAdministrative LawMinisterial Duty
References
2
Case No. MISSING
Regular Panel Decision

Terminix International Co. v. Tennessee Department of Labor

This case involves an appeal by Terminix International Company, L.P. and TruGreen, Inc., L.P. challenging the jurisdiction of the Tennessee Department of Labor, Division of Occupational Safety and Health (TOSHA) to conduct safety inspections and enforce regulations concerning pesticide applicators. The appellants argued that federal laws, specifically the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Occupational Safety and Health Administration Act (FOSH), preempted TOSHA's authority. Both the Chancery Court of Davidson County and this appellate court affirmed the decision that TOSHA has jurisdiction. The Court concluded that Congress did not intend to fully occupy the field of pesticide regulation, particularly regarding their use in the workplace, and that states are permitted to regulate pesticide use. Therefore, TOSHA retains its obligation and authority to protect the health and safety of workers from risks associated with pesticide use in the workplace.

Pesticide SafetyWorkplace SafetyFederal PreemptionState Regulatory AuthorityOccupational HealthPersonal Protective EquipmentAdministrative LawJudicial ReviewFIFRAFOSH Act
References
18
Case No. MISSING
Regular Panel Decision

Martinez v. 342 Property LLC

Defendant Flintlock Construction Services, LLC, a general contractor, hired Site Safety for site safety management. An unnamed plaintiff suffered an accident, leading to claims against Site Safety, including under Labor Law § 200 and common-law negligence, as well as contractual indemnification claims by Flintlock. Site Safety moved for summary judgment, arguing it lacked control over the work site. The court found that Site Safety's role was primarily advisory, with limited authority to stop unsafe work, and thus it lacked the necessary control to incur liability under Labor Law § 200 or common-law negligence. Additionally, the court dismissed Flintlock's contractual indemnification claim, noting the absence of evidence of negligence by Site Safety, which was a prerequisite for indemnification under their contract. The motion court's decision granting summary judgment to Site Safety was affirmed on appeal.

Summary JudgmentSite Safety ManagementGeneral Contractor LiabilityContractual IndemnificationCommon-Law IndemnityLabor Law § 200Negligence ClaimsControl of Work SiteAppellate DecisionConstruction Accident
References
10
Case No. MISSING
Regular Panel Decision

Skilled Craftsmen of Texas, Inc. v. Texas Workers' Compensation Commission

This case addresses whether the Texas Hazardous Employer Program, which designates private employers as hazardous based on injury rates, is preempted by the federal Occupational Safety and Health Act (OSH Act). Appellant Skilled Craftsmen argued that the state program implicitly regulates occupational health and safety issues already covered by federal standards, leading to duplicative regulation. The appellate court found that despite amendments to the Texas program, the designation of an employer as hazardous, with its public disclosure and potential business impacts, functions as a coercive measure intended to compel changes in workplace safety. This implicit regulation creates a conflict with the OSH Act's intent to avoid subjecting employers to dual regulatory schemes. Consequently, the court reversed the district court's ruling and rendered judgment that the Texas Hazardous Employer Program for private employers is preempted by federal law.

PreemptionOSH ActHazardous Employer ProgramWorkplace SafetyFederal LawState LawDuplicative RegulationTemporary StaffingSIC CodeJudicial Review
References
7
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