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

Case No. 2025 NY Slip Op 06264
Regular Panel Decision
Nov 13, 2025

Matter of Plumbers Local Union No. 1 v. New York City Dept. of Bldgs.

The Appellate Division, First Department, affirmed a Supreme Court decision dismissing a petition filed by Plumbers Local Union No. 1 and its business manager. The Union sought mandamus and declaratory relief to compel the New York City Department of Buildings (DOB) to enforce gas, plumbing, and welding worker qualifications. The court found that the Union lacked standing, failing to demonstrate special damages different from the general community or a sufficient nexus to qualify for the public interest exception in mandamus proceedings. Consequently, the appellate court concluded that the Union's arguments were unavailing.

StandingMandamusDeclaratory ReliefPublic Interest ExceptionGas Safety RegulationsPlumbing QualificationsWeldersAdministrative CodeFuel Gas CodeNew York City Department of Buildings
References
3
Case No. EP-75-CA-71
Regular Panel Decision
Apr 07, 1976

FA Villalba & Co. v. U. ASS'N OF JOURNEYMEN, ETC.

F. A. Villalba & Company initiated a suit against the United Association and Plumbers & Steamfitters Local No. 231 under Section 303 of the Labor Management Relations Act, alleging damages due to unfair labor practices. The plaintiff claimed the defendants coerced Jordan and Nobles Construction Company into ceasing business with Villalba. A key point of contention was whether the International United Association could be held vicariously liable for the actions of its local union. The court analyzed the United Association's constitution and an affidavit, ultimately concluding that the local union operated autonomously, precluding an agency relationship with the International for the purpose of vicarious liability. Consequently, the United Association's motion for summary judgment was granted, and the action against it was dismissed.

Labor Management Relations ActUnfair Labor PracticesSecondary BoycottVicarious LiabilityAgency RelationshipLocal Union AutonomyInternational Union ControlSummary JudgmentDistrict CourtUnion Constitution
References
5
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Schaefer

Bobby G. Schaefer, a plumber, sued Texas Employers’ Insurance Association for worker's compensation due to an occupational disease, atypical tuberculosis (mycobacteriosis intracellular). The jury found for Schaefer, but the defendant appealed. The court reviewed Texas Workmen’s Compensation Laws (Tex.Rev.Civ.Stat.Ann. art. 8306, § 20) regarding occupational diseases and the necessity of proving a causal connection to employment. Despite expert medical testimony suggesting increased exposure opportunities for plumbers, the court found insufficient evidence that Schaefer's disease arose out of or in the course of his employment, or that it was not an "ordinary disease of life" to which the general public is exposed. The court reversed the trial court's judgment, rendering a take-nothing judgment for Schaefer.

Occupational DiseaseWorkers' CompensationCausationMedical ProbabilityLegal SufficiencyTexas LawMycobacteriosis IntracellularTuberculosisEmployer LiabilityBurden of Proof
References
9
Case No. MISSING
Regular Panel Decision

Claim of Dalton v. Journeymen, Plumbers & Apprentice Steamfitters

The case involves an appeal from a Workmen's Compensation Board decision awarding death benefits. The appellants argued that the decedent's death did not arise out of and in the course of his employment, and that the claim was barred due to the claimant settling a third-party action without the carrier's consent. The decedent, David Dalton, a business agent for a labor union, was killed in an automobile accident while on call and working irregular hours, with the carrier having previously disclaimed coverage. The Board found substantial evidence that the decedent was an outside worker, applied the presumption of employment, and ruled the carrier's objection to the settlement invalid due to its prior disclaimers. The appellate court affirmed the Board's decision, concluding that the findings were adequately supported by the record.

Death benefitsAutomobile accidentCourse of employmentThird-party settlementCarrier disclaimerWorkers' Compensation Law § 21Outside workerPresumption of employmentAppellate reviewLabor union employee
References
0
Case No. MISSING
Regular Panel Decision

Vail v. Plumbers, Pipe Fitters & Apprentices Local Number 112 Pension Fund

Plaintiff T. Edward Vail commenced an action under ERISA seeking additional pension benefits, contending he did not incur a break in service and was entitled to recalculation of benefits. The Defendant, a pension plan, had informed Plaintiff in 1985 of a break in service from 1975-1980, which reduced his benefits. Plaintiff argued that a subsequent change in the grace period definition in 1987 should have retroactively negated the break. However, the Court found Plaintiff's claim was barred by the six-year statute of limitations (N.Y.C.P.L.R. § 213), as the clear repudiation by the Defendant occurred in 1985 and no subsequent action constituted a renunciation of that determination. Consequently, the Defendant's motion for summary judgment was granted, Plaintiff's cross-motion was denied, and the complaint was dismissed as untimely.

ERISA LitigationPension Benefits DisputeBreak in Service RuleStatute of Limitations BarSummary Judgment MotionRepudiation DoctrinePension Plan AmendmentsFiduciary ResponsibilityBenefit AccrualUnion Collective Bargaining
References
10
Case No. 2022-06-1224
Regular Panel Decision
Nov 10, 2022

Stevens, John v. Hunter Residential Services, LLC, d/b/a The Surfin Plumbers

The Court held an expedited hearing where the parties announced several stipulations. Hunter Residential Services, LLC accepted the claim and will schedule an MRI, authorize all reasonable treatment until maximum medical improvement, and pay past treatment balances. Hunter Residential previously paid temporary disability benefits and will resume payments at a weekly compensation rate of $703.14, including a lump sum for August 20 through the present. The employer is exploring work within Mr. Stevens's restrictions, which might make him eligible for temporary partial disability benefits. Hunter Residential and Federated Mutual Insurance Company dispute coverage, with Federated having filed a lawsuit for a declaratory judgment in Chancery Court. A status hearing is set for February 6, 2023.

Workers' CompensationExpedited HearingStipulationsTemporary Disability BenefitsMedical Treatment AuthorizationInsurance Coverage DisputeMRI RecommendationMaximum Medical ImprovementTemporary Partial Disability
References
1
Case No. VNO 0456809
Regular
Oct 02, 2007

JAVAD BASSIRY, vs. AMERICAN RESIDENTIAL SERVICES; ZURICH NORTH AMERICA

This case involves Javad Bassiry's workers' compensation claim for injuries sustained as a plumber tech. The Appeals Board granted reconsideration to amend a finding of fact regarding the specific body parts injured. Ultimately, the Board affirmed the original decision but with the clarified finding of injury to the applicant's left shoulder, neck, left arm, left wrist, and lower abdominal muscle.

Javad BassiryAmerican Residential ServicesZurich North AmericaVNO 0456809ReconsiderationJuly 30 2007Plumber techOccupational Group No. 481March 8 2002Left shoulder
References
0
Case No. MISSING
Regular Panel Decision

Claim of the Estate of Petrylak v. Evans Plumbing & Heating Co.

The Workers' Compensation Board ruled that a plumber's apprentice, deemed an outside employee, was in the course of his employment when he died in a motor vehicle accident returning home from a work site, thus awarding workers' compensation benefits to his widow. The employer and its workers’ compensation carrier appealed this decision, arguing that the decedent had a fixed work site and therefore was not an outside employee. The appellate court affirmed the Board's decision, citing that the facts of this case were indistinguishable from a companion case involving a co-worker's estate.

Workers' CompensationMotor Vehicle AccidentOutside EmployeeCourse of EmploymentDeath BenefitsAppellate ReviewAffirmationEmployee ClassificationJudicial PrecedentCompanion Case
References
1
Case No. 2019 NY Slip Op 00265 [168 AD3d 823]
Regular Panel Decision
Jan 16, 2019

Loretta v. Split Dev. Corp.

Vincent Loretta, a plumber, suffered personal injuries after falling from a ladder while installing pipes at a construction site owned by Split Development Corp. He and his wife sued for damages, alleging a violation of Labor Law § 240 (1). The Supreme Court denied their motion for summary judgment on liability due to triable issues of fact, and a jury subsequently found the ladder adequate. The Appellate Division affirmed the judgment, concluding that there was a valid line of reasoning for the jury's verdict and that the verdict was not contrary to the weight of the evidence.

Personal InjuryLadder AccidentLabor Law 240(1)Summary JudgmentJury VerdictAppellate ReviewProximate CauseSafety DeviceConstruction AccidentPlumbing Work
References
15
Case No. ADJ7426008
Regular
May 02, 2016

JOE TUCKER vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration filed by the Department of Corrections and Rehabilitation. The WCAB adopted the reasoning of the administrative law judge (WCJ), which found that Joe Tucker, a Plumber II at Corcoran State Prison, was entitled to the heart presumption under Labor Code § 3212.2. The WCJ determined that Tucker's duties supervising inmate work crews, which involved daily threats and exposure to dangerous conditions, constituted "custodial duties" within the meaning of the statute. The WCAB specifically excluded certain paragraphs from the WCJ's report from incorporation in its order.

Labor Code § 3212.2heart presumptioncustodial dutiesPlumber IIinmate work crewscorrectional officersadministrative segregationsecurity housinginmate threatsextraction squad
References
6
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