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Case No. ADJ2139644

Regular

Jan 19, 2011

JUAN MORALES vs. HASSEN DEVELOPMENT CORPORATION, MAJESTIC INSURANCE

This case involves a worker seeking increased benefits under Labor Code Section 4553 for serious and willful employer misconduct. The applicant alleged his employer authorized him to use heavy equipment, a Pettibone, for tree trimming, which resulted in his injury. However, the judge found no evidence of employer authorization or knowledge of the applicant's use of the Pettibone. Furthermore, the applicant's described method of using the equipment was deemed reckless, negating any employer expectation. Consequently, the Petition for Reconsideration was denied, upholding the original decision that the employer was not guilty of serious and willful misconduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportSerious and Willful MisconductLabor Code Section 4553Increased BenefitsPettiboneEmployer KnowledgeAuthorizationReckless Conduct

References

Case No. MISSING

Regular Panel Decision

Conti v. Pettibone Companies, Inc.

Plaintiff commenced an action to recover damages for injuries sustained at a construction site owned by the City of New York, where a bucket filled with sand bags fell on his head. He sued multiple parties including Madigan Praeger, Inc., an inspecting engineer for the City. Madigan moved for summary judgment, arguing it owed no duty of care to the plaintiff and was not an agent under Labor Law sections 240 and 241. The court found Madigan's contract limited its role to inspection for compliance and explicitly disclaimed responsibility for contractor's equipment or worker safety. Furthermore, the court rejected the argument that Madigan became an agent with nondelegable Labor Law duties. Thus, the court granted Madigan's motion for summary judgment and dismissed the complaint.

Construction AccidentLabor LawNegligenceSummary JudgmentContractual InterpretationThird-Party LiabilityEngineer's RoleAgent LiabilityNondelegable DutySite Safety

References

Case No. MISSING

Regular Panel Decision

In re the Arbitration between Pettibone Corp. & International Ass'n of Machinists & Aerospace Workers

The order of the Oneida Supreme Court, which involved an appeal to vacate an arbitrator’s award, was unanimously affirmed by the appellate court. The decision was based on the reasons stated at Special Term by Justice Murphy. The affirmation also included an award of costs.

Arbitration AwardAppellate ReviewUnanimous DecisionCosts AwardedSupreme CourtJudicial AffirmationOneida County

References

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JUAN MORALES vs. HASSEN DEVELOPMENT CORPORATION, MAJESTIC INSURANCE

Conti v. Pettibone Companies, Inc.

Construction AccidentLabor LawNegligenceSummary JudgmentContractual InterpretationThird-Party LiabilityEngineer's RoleAgent LiabilityNondelegable DutySite Safety

In re the Arbitration between Pettibone Corp. & International Ass'n of Machinists & Aerospace Workers

Arbitration AwardAppellate ReviewUnanimous DecisionCosts AwardedSupreme CourtJudicial AffirmationOneida County