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Case No. ADJ6474423

Regular

Feb 27, 2017

MICHAEL LEBOY vs. PRAXAIR, INC., OLD REPUBLIC INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board denied Praxair, Inc. and Old Republic Insurance Company's petition for reconsideration in the case of Michael Leboy. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's report and opinion. The Board noted a minor clerical error regarding a case citation within the judge's report. Therefore, the petition for reconsideration was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJdenial of reconsiderationclerical errorAcme Steel v. Workers' Comp. Appeals Bd. (Borman)PRAXAIROLD REPUBLIC INSURANCE COMPANYBROADSPIREADJ6474423

References

Case No. MISSING

Regular Panel Decision

Tronolone v. Praxair, Inc.

This case involves an appeal from a Supreme Court order in a personal injury action in Erie County. The original order granted the plaintiff partial summary judgment on Labor Law § 240 (1) liability, while denying the defendant's cross-motion to dismiss the complaint. The appellate court modified the order, reversing the grant of summary judgment to the plaintiff, finding triable issues of fact concerning the adequacy of safety devices and the plaintiff's alleged contributory negligence. However, the court affirmed the denial of the defendant's cross-motion, rejecting arguments that the defendant, as an owner, could not be held liable under Labor Law § 240 (1). The court also noted the defendant's abandonment of its appeal regarding the Labor Law § 241 (6) claim.

Personal InjuryLabor LawScaffold AccidentSummary JudgmentAppellate ReviewOwner LiabilityProximate CauseSafety DevicesContributory NegligenceStatutory Interpretation

References

Case No. ADJ7523380

Regular

Jul 17, 2015

SALVADOR ULLOA vs. PRAXAIR, INC.

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order taking the case off the expedited hearing calendar. The Board found that a dispute over medical treatment for a serious injury, despite a disputed psychiatric component, warrants expedited review. While a complexity may necessitate redesignation as a Mandatory Settlement Conference, the OTOC itself caused substantial prejudice due to delays in crucial psychiatric treatment. The matter is returned to the WCJ to be reset on the expedited hearing calendar.

RemovalOrder Taking Off CalendarExpedited HearingMandatory Settlement ConferenceDisputed Body PartMedical TreatmentPsychiatric ConditionSerious InjuryUpper ExtremitiesAOE/COE Dispute

References

Case No. ADJ351684 (LAO 0887175)

Regular

May 03, 2011

JOHNNY STEWART vs. PRAXAIR, INC./OLD REPUBLIC INSURANCE COMPANY; As Administered By BROADSPIRE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order was not final. The Board granted removal, rescinded the WCJ's order, and returned the case for further proceedings. The Board found that the parties had already participated in the AME/QME process, citing the applicant's failure to attend multiple scheduled appointments. Therefore, the WCJ's order compelling further AME/QME participation was premature and prejudicial.

Workers' Compensation Appeals BoardPraxair Inc.Old Republic Insurance CompanyBroadsplireJohnny StewartAgreed Medical EvaluatorQualified Medical EvaluatorLabor Code Section 4062.2Findings of Fact and OrderPetition for Reconsideration

References

Case No. MISSING

Regular Panel Decision

Feb 05, 1998

Olejniczak v. E.I. Du Pont De Nemours & Co.

Mr. Olejniczak, an employee of Praxair, Inc., filed a negligence suit after falling on packed snow and ice at the defendant's Yerkes plant in Tonawanda, New York, on January 19, 1994, seeking $1,000,000 for permanent injuries and emotional distress, while his wife sought $250,000 for loss of services. The defendant moved for summary judgment, asserting a lack of proximate cause, no duty under the "storm in progress" doctrine, and the plaintiff's assumption of risk. Magistrate Judge Carol E. Heckman recommended denying the motion, finding genuine factual disputes regarding proximate cause and the applicability of the "storm in progress" rule. She also determined that assumption of risk, under New York's comparative negligence law (CPLR 1411), does not serve as a complete bar to recovery in this context. District Judge Arcara adopted the Magistrate Judge's Report and Recommendation, thereby denying the defendant's motion for summary judgment and referring the case back for further proceedings.

Summary Judgment MotionNegligenceSlip and FallProximate CauseLandowner DutyStorm in Progress DoctrineAssumption of RiskComparative NegligenceFederal Civil ProcedureMagistrate Judge

References

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MICHAEL LEBOY vs. PRAXAIR, INC., OLD REPUBLIC INSURANCE COMPANY, BROADSPIRE

Tronolone v. Praxair, Inc.

Personal InjuryLabor LawScaffold AccidentSummary JudgmentAppellate ReviewOwner LiabilityProximate CauseSafety DevicesContributory NegligenceStatutory Interpretation

SALVADOR ULLOA vs. PRAXAIR, INC.

RemovalOrder Taking Off CalendarExpedited HearingMandatory Settlement ConferenceDisputed Body PartMedical TreatmentPsychiatric ConditionSerious InjuryUpper ExtremitiesAOE/COE Dispute

JOHNNY STEWART vs. PRAXAIR, INC./OLD REPUBLIC INSURANCE COMPANY; As Administered By BROADSPIRE

Olejniczak v. E.I. Du Pont De Nemours & Co.

Summary Judgment MotionNegligenceSlip and FallProximate CauseLandowner DutyStorm in Progress DoctrineAssumption of RiskComparative NegligenceFederal Civil ProcedureMagistrate Judge