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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

Blouse Workers' Union, Local 23-25 v. South Ocean Sportswear, Inc.

The Union moved to confirm an arbitration award directing South Ocean Sportswear, Inc. to pay $4,175 to Shiu Lun Lee for lost wages due to an unjustified discharge. Initially, an arbitrator sustained Lee's discharge, but later determined that severe translation inaccuracies during the first hearing resulted in a substantial failure of due process, rendering the prior award a nullity. A second hearing was conducted, leading to an award in Lee's favor. South Ocean moved to vacate this second award, arguing the arbitrator lacked power to reopen a final award and to impose damages for the post-first-hearing period. The court, however, found that the arbitrator acted within the broad powers granted by the collective bargaining agreement, including determining arbitrability and procedural matters, and that the arbitrator's findings of fact and conclusions of law were not subject to judicial review. Consequently, the court confirmed the arbitration award and denied South Ocean's application to vacate it.

ArbitrationDue Process ViolationCollective Bargaining AgreementArbitration Award ConfirmationArbitrator AuthorityReopening Arbitration AwardProcedural Due ProcessTranslation ErrorEmployee DischargeLost Wages
References
4
Case No. 2023 NY Slip Op 03677 [218 AD3d 435]
Regular Panel Decision
Jul 05, 2023

Correa v. 455 Ocean Assoc., LLC

Cesar Correa (plaintiff) commenced actions against 455 Ocean Associates, LLC, and Weinreb Management, LLC (defendants) to recover damages for personal injuries. The plaintiff alleged injuries sustained while working on a construction site, specifically claiming violations of Labor Law § 240 (1) after he dropped a roll of tar paper while descending an extension ladder. The Supreme Court, Queens County, granted the plaintiff's motion for summary judgment on the issue of liability. The defendants subsequently appealed this order. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the plaintiff established a prima facie case for a Labor Law § 240 (1) violation and the defendants failed to raise a triable issue of fact.

Personal InjuryConstruction AccidentLabor Law § 240 (1)Summary JudgmentAppellate DivisionWorker SafetyElevated Work SiteExtension LadderNondelegable DutyProximate Cause
References
4
Case No. MISSING
Regular Panel Decision

Sinagra v. Atlantic Ocean Shipping, Ltd.

Plaintiff Vincent Sinagra, a longshore worker, was injured on November 27, 1997, while discharging cargo from the M/V Atlantic Ocean at Howland Hook Marine Terminal in Staten Island, New York. His right hand was crushed and index finger amputated when a container, from which he was removing a stacking shoe, was suddenly lowered by a fellow Howland employee. Sinagra sued Atlantic Ocean Shipping Limited, the vessel owner, alleging negligence under the Longshore and Harbor Workers' Compensation Act (LHWCA). The court, presided over by Magistrate Judge Azrack, granted summary judgment in favor of the defendant, finding that the Atlantic Ocean did not breach its 'turnover' duty, 'active involvement' duty, or duty to 'intervene'. The court concluded that Sinagra's injury was solely caused by the negligence of his employer, Howland, and his fellow dock gang members.

Longshore and Harbor Workers' Compensation ActMaritime LawStevedoring OperationsVessel NegligenceSummary JudgmentPersonal InjuryAdmiralty JurisdictionShipowner LiabilityLongshoreman InjuryCargo Discharge
References
30
Case No. MISSING
Regular Panel Decision
May 02, 1997

Foti v. Arctic Ocean Steamship Co.

Vito Foti, a longshore worker, filed an action to recover damages for personal injuries after allegedly slipping and falling on grease aboard a vessel owned by Arctic Ocean Steamship Co., Ltd. Arctic moved for summary judgment to dismiss the complaint, arguing there were no triable issues of fact. The Supreme Court, Kings County, denied Arctic's motion. On appeal, the order was affirmed, with the court finding triable issues of fact regarding whether the grease constituted a dangerous condition, if it was a proximate cause of the fall, and whether Arctic breached its duty to intervene.

personal injurylongshore workerslip and fallvessel owner liabilitysummary judgment motiondangerous conditionproximate causeduty to interveneappellate reviewpremises liability
References
2
Case No. MISSING
Regular Panel Decision

Travelers Prop. Cas. Co. of Am. v. Ocean Reef Charters LLC

Plaintiff Travelers Property Casualty Company of America commenced an admiralty and maritime action seeking a declaratory judgment against Ocean Reef Charters LLC and Stonegate Bank (now Centennial Bank) regarding a marine insurance policy covering a yacht damaged by Hurricane Irma. Plaintiff alleged policy violations, specifically regarding the employment of a professional captain and crew, and sought a declaration that it had no obligation to pay damages or that a named storm deductible applied, and to recover advance payments. Defendants moved to transfer venue to the Southern District of Florida. The court analyzed factors for transferring venue, including witness convenience, party convenience, document location, and the locus of operative facts, ultimately concluding that New York had minimal connection to the case. The court granted the motions to transfer venue to the Southern District of Florida.

Admiralty and Maritime LawDeclaratory JudgmentVenue TransferInsurance Policy DisputeHurricane DamageYacht CoverageChoice of Law AnalysisLocus of Operative FactsJudicial EconomyFederal Court Jurisdiction
References
107
Case No. ADJ4413699 (SDO 0272634)
Regular
Jul 26, 2018

ROMINA FATURECHI vs. JOSEPH CAPPS, UNINSURED EMPLOYERS BENEFITS TRUST FUND, OCEAN'S ELEVEN CASINO, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board overturned a prior decision, finding that the applicant was jointly employed by Joseph Capps and Ocean's Eleven Casino. This determination was based on evidence that the Casino exercised control over the applicant's work, including directing when games started and stopped, providing meals, and having the ability to influence her hiring and termination. The Court emphasized that the legality of the Casino employing the applicant was not the decisive factor. Therefore, both Capps and the Casino are considered dual employers for the purposes of workers' compensation.

Dual employmentSpecial employment relationshipJoint employmentControl of employee activitiesCasino bankerPropositional playerUninsured employerCalifornia Insurance Guarantee AssociationUninsured Employers Benefits Trust FundBorello test
References
16
Case No. 2024 NY Slip Op 03455 [228 AD3d 555]
Regular Panel Decision
Jun 25, 2024

Ciaurella v. Trustees of Columbia Univ. in the City of N.Y.

John Ciaurella, a union shop steward and laborer for ACC Construction Corp., was injured while working at the Hammer Building, owned by The Trustees of Columbia University in the City of New York. While erecting caution tape near holes in an interstitial space on the 11th floor, a poorly constructed patch in the gypsum board floor collapsed, causing his right leg to fall through. Ciaurella was using a ladder but was not provided with additional safety equipment like harnesses or safety lines. He moved for partial summary judgment on Labor Law § 240 (1) liability against Columbia, which was initially denied by the Supreme Court, Bronx County. The Appellate Division, First Department, unanimously reversed this decision, granting Ciaurella's motion. The appellate court found that Ciaurella's task exposed him to an elevation-related risk, he was not provided with adequate safety devices, and the risk of collapse, even of a permanent structure, was foreseeable, especially given Columbia's prior concerns about the holes in the floor.

Labor Law § 240 (1)Elevation-related riskCollapsing floorConstruction accidentSummary judgmentAppellate reviewGeneral contractor liabilityOwner liabilityWorkplace safetyInterstitial space
References
5
Case No. 2021 NY Slip Op 00634
Regular Panel Decision
Feb 04, 2021

Pastorino v. City of New York

Plaintiff Joseph Pastorino, a dock builder foreman for Commodore Maintenance Corp., was injured attempting to ascend from a tugboat to a barge. Commodore had contracted with the City of New York for construction work on the Broadway Bridge and leased the tugboat from Ocean Marine Development Corp. The court determined that the Longshore and Harbor Workers' Compensation Act (LHWCA) applied, precluding claims against Commodore due to the nature of the charter agreement not being bareboat. Federal law was found not to preempt New York's Labor Law given the local character of the work, meaning the City could still be liable as the project owner. The court affirmed the denial of plaintiff's motion for partial summary judgment on his Labor Law § 240 (1) claim against the City due to factual issues regarding ladder availability. However, it modified the lower court's decision by ruling that the City's cross-claims for indemnification and contribution against Commodore should have been dismissed under the anti-subrogation rule, as the City was an additional insured under Commodore's insurance policy.

Labor LawSummary JudgmentAppellate PracticeIndemnificationContributionAnti-subrogation ruleLHWCABareboat charterConstruction accidentWorkplace safety
References
17
Case No. MISSING
Regular Panel Decision

Palmer v. Champlain Valley Specialty

The claimant appealed a Workers' Compensation Board decision, filed March 31, 2016, which affirmed a Workers' Compensation Law Judge's finding that the claimant voluntarily removed herself from the labor market and had no compensable lost time from October 30, 2013, to May 12, 2015. The claimant, who suffered work-related injuries in June 2011, had her benefits suspended in September 2013 for failing to demonstrate continued labor market attachment. Despite applying for services with ACCES-VR, her engagement was limited to counseling, and she delayed pursuing job search services or surgery. The court affirmed the Board's decision, concluding that substantial evidence supported the finding that the claimant did not diligently participate in ACCES-VR or an independent job search within her medical restrictions.

Workers' CompensationLabor Market AttachmentVoluntary RemovalJob SearchMedical RestrictionsACCES-VRSubstantial EvidenceAppellate ReviewBenefits SuspensionReinstatement
References
10
Case No. ADJ330307 (SBR 0293126) ADJ 1815409 (POM 0273315) ADJ 1718372 (POM 0273000)
Regular
Dec 23, 2016

JULIA SERRANO vs. OCEAN BEAUTY SEAFOODS, INC.

The Appeals Board granted reconsideration of a decision that denied CIGA standing to seek reimbursement from Alaska National Insurance Company. CIGA argued it had standing to recover payments for non-covered claims and that previous rulings did not bar its petition. The Board rescinded the prior order, holding that CIGA's petition is analogous to a medical lien and that Alaska National remains responsible for claims even after a Compromise and Release if subsequent injuries contributed to the need for treatment. The matter was returned for further proceedings to determine if CIGA can prove its entitlement to reimbursement.

CIGAstandingpetition for reimbursementinsolvent insurercovered claimsjoint and several liabilitycumulative injurymedical treatmenttemporary disability indemnityCompromise and Release
References
19
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