CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Plumbing Industry Board, Plumbing Local Union No. 1 v. L & L Masons, Inc.

Plaintiff Plumbing Industry Board (PIB) sued E.W. Howell and American Home Assurance Construction Co., Inc., seeking unpaid fringe benefit contributions under New York's Lien Law and as a third-party beneficiary to a contract. The defendants removed the action to federal court, asserting that the Employee Retirement Income Security Act of 1974 (ERISA) preempted PIB's state law claims and moved for summary judgment. PIB cross-moved for a remand to state court. The court determined that ERISA preempted both New York Lien Law § 5 and PIB's common law contract claims, ruling that the Lien Law created an obligation not permitted under ERISA and the contract claim created a new theory of recovery. Consequently, the court granted the defendants' motion for summary judgment, denied PIB's motion to remand, and dismissed all claims.

ERISA pre-emptionNew York Lien LawFringe benefit contributionsSummary judgmentThird-party beneficiary contractCollective bargaining agreementEmployee benefit planSurety bondSubcontractor defaultFederal jurisdiction
References
11
Case No. 2021 NY Slip Op 00606 [191 AD3d 1074]
Regular Panel Decision
Feb 04, 2021

Matter of Pisarski v. Accurate Plumbing & Heating Co.

Claimant Michael Pisarski established a workers' compensation claim for occupational bilateral knee and shoulder injuries after retiring as a union plumber. The Workers' Compensation Board ultimately set the date of disablement as July 12, 2016, and a Worker's Compensation Law Judge ruled Norguard Insurance Company, which covered the employer during Pisarski's last employment, was the liable carrier, as no active policy was found on the disablement date. Norguard appealed, distinguishing its case from Matter of Cammarata, where the employer had ceased business. The Appellate Division, Third Department, found that the Board erred by not determining the business status of Accurate Plumbing and Heating Co. on the date of disablement. This determination is crucial to establish whether Accurate Plumbing was required to maintain an insurance policy or if the Uninsured Employers Fund should be responsible. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationOccupational DiseaseDate of DisablementInsurance Carrier LiabilityUninsured Employers FundAppellate ReviewRemittalBusiness Status DeterminationPolicy CoverageKnee Injury
References
6
Case No. MISSING
Regular Panel Decision

Greenblatt v. Delta Plumbing & Heating Corp.

The Plaintiffs, comprising ERISA funds and their trustees, sued Delta Plumbing and Heating Corporation for delinquent fringe benefits and later added New York Surety Company as a defendant on its bond. Following Delta's bankruptcy, New York Surety became the sole defendant and moved to dismiss the complaint for lack of subject matter jurisdiction. The defendant argued that a surety is not an 'employer' under ERISA and that the court lacked pendent party jurisdiction over the state-law claims. The court denied the motion, holding that the 'plain meaning' of ERISA's definition of 'employer' could extend to a surety that acts in the interest of an employer by guaranteeing contributions. Furthermore, the court found that under the legal framework applicable to this pre-1990 action, ERISA's statutory language did not confer pendent party jurisdiction.

ERISA EnforcementSurety LiabilityDelinquent ContributionsSubject Matter JurisdictionPendent Party JurisdictionStatutory ConstructionCollective BargainingMultiemployer Pension PlansEmployee Benefits SecurityFederal Jurisdiction
References
26
Case No. 2025 NYSlipOp 01871 [236 AD3d 598]
Regular Panel Decision
Mar 27, 2025

Mondrangon v. Trustees of Columbia Univ.

Plaintiff Adan Mondrangon initiated an action against The Trustees of Columbia University after allegedly tripping over plumber's net and pipes in the basement of a university building. Columbia University subsequently filed a third-party complaint against Absolute Plumbing & Heating Corp., their plumbing contractor, seeking indemnification and alleging breach of contract for failure to procure insurance, attributing responsibility for the hazardous condition to Absolute. Absolute Plumbing & Heating Corp. moved for summary judgment to dismiss the third-party complaint, presenting evidence that their recent work did not involve the materials cited. However, the court found triable issues of fact arising from conflicting deposition testimonies, particularly concerning whether Absolute had worked on the basement project and could have been the source of the materials. Consequently, the Supreme Court's order denying Absolute's motion for summary judgment was unanimously affirmed by the Appellate Division, concluding that credibility issues were for a jury to determine.

Premises liabilitypersonal injurysummary judgmentindemnificationbreach of contractthird-party claimconflicting testimonytriable issues of factAppellate DivisionNew York courts
References
3
Case No. MISSING
Regular Panel Decision
Dec 19, 2013

Callari ex rel. Blackman Plumbing Supply, Inc. v. Blackman Plumbing Supply, Inc.

Plaintiff Michael Callari and opt-in plaintiff George Ruggiero brought a collective action against Blackman Plumbing Supply, Inc. (BPS) and co-executors of Richard Blackman's estate, alleging unpaid overtime wages under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Defendants moved for summary judgment, arguing Callari was an exempt employee and Ruggiero's claims were time-barred or waived. The Court granted summary judgment against Ruggiero's FLSA claim due to waiver but allowed his NYLL claim to proceed. Callari's FLSA claim survived, as the Court found genuine issues of material fact regarding his exempt employee status. A subsequent motion for reconsideration filed by the plaintiffs was denied, affirming the prior rulings.

Fair Labor Standards ActNew York Labor LawOvertime WagesExempt Employee StatusSummary JudgmentMotion for ReconsiderationStatute of LimitationsWaiver of RightsCollective ActionAssistant Manager Duties
References
67
Case No. ADJ8596014
Regular
Nov 07, 2018

DION GEORGE vs. KJI PLUMBING, INC., ZURICH AMERICAN INSURANCE COMPANY

This case involves a $\$ 750$ sanction imposed by a WCJ against defense counsel and KJI Plumbing for defense counsel's failure to appear at a hearing. The Appeals Board granted reconsideration, finding the failure to appear was due to defense counsel's negligence, not willful misconduct. Consequently, the Board reduced the sanction to $\$ 250$ and removed KJI Plumbing as a liable party, solely sanctioning defense counsel and his law office. The Board cautioned that future failures to appear could establish a pattern justifying larger sanctions.

Petition for ReconsiderationOrder Imposing SanctionsWCJDefense CounselJointly and SeverallyUninsured Employers Benefits Trust FundMandatory Settlement ConferenceDeclaration of ReadinessLabor Code § 5813WCAB Rule 10561
References
0
Case No. CA 13-00513
Regular Panel Decision
May 09, 2014

DRYDEN MUTUAL INSURANCE COMPANY v. GOESSL, STANLEY

Plaintiff Dryden Mutual Insurance Company initiated an action seeking a declaration that it was not obligated to defend or indemnify Stanley Goessl in an underlying tort action, which arose from a fire during plumbing work. Defendants AP Daino & Plumbing, Inc. and its insurer, The Main Street America Group, also denied coverage for Goessl. The Supreme Court initially ruled in favor of Dryden Mutual and against Main Street America Group. However, the Appellate Division reversed this judgment, declaring that Dryden Mutual is obligated to defend and indemnify Goessl and reimburse his attorney's fees, based on his status as a sole proprietor insured by them. Conversely, The Main Street America Group was found to have no duty to defend or indemnify Goessl, as he was deemed an independent contractor, not an employee of AP Daino, according to their policy's plain meaning and their business arrangement. Sconiers, J., dissented, arguing that the trial court's finding of Goessl as an employee should have been upheld.

Insurance coverage disputeBusiness liabilityIndependent contractor classificationEmployee statusDuty to indemnifyDuty to defendSubcontracting agreementDeclaratory judgment actionAppellate review of judgmentContract interpretation
References
22
Case No. 2019 NY Slip Op 06638 [175 AD3d 1446]
Regular Panel Decision
Sep 18, 2019

Roblero v. Bais Ruchel High Sch., Inc.

The Appellate Division, Second Department, affirmed two Supreme Court orders in a personal injury action. Plaintiff Cristian Roblero, injured after falling from a scaffold while performing plumbing work for Bais Ruchel High School, Inc., was not provided with necessary safety devices. The Supreme Court granted Roblero summary judgment on liability under Labor Law § 240 (1) and denied Bais Ruchel's motions to dismiss Labor Law § 200 and common-law negligence claims, and for summary judgment on its third-party contractual indemnification claim against ADD Plumbing, Inc. The Appellate Division concluded that Roblero established a prima facie case for Labor Law § 240 (1) and Bais Ruchel failed to raise a triable issue of fact. Additionally, Bais Ruchel failed to establish it lacked supervisory authority for the Labor Law § 200/common-law negligence claims or its entitlement to indemnification.

Personal InjuryLabor Law § 240(1)Scaffold AccidentSummary JudgmentAppellate ReviewPremises LiabilityNondelegable DutyContractual IndemnificationThird-Party ActionConstruction Site Safety
References
20
Case No. 2022 NY Slip Op 00890
Regular Panel Decision
Feb 09, 2022

Sanchez v. BBL Constr. Servs., LLC

Plaintiff Jose W. Sanchez, an employee of D&J Concrete Corp., allegedly sustained injuries at a construction site in Rockland County after tripping over a protruding drain pipe while pouring concrete. He initiated a personal injury action against the property owners (CRH Realty IX, LLC, and Crystal Run Healthcare, LLP), the general contractor (BBL Construction Services, LLC), and the plumbing subcontractor (Joe Lombardo Plumbing & Heating of Rockland, Inc.), alleging common-law negligence and violations of Labor Law §§ 200 and 241(6). The Supreme Court denied motions for summary judgment submitted by the defendants and third-party defendant D&J, prompting an appeal. The Appellate Division, Second Department, reversed the lower court's order. It ruled that the defendants successfully demonstrated that the alleged dangerous condition was open and obvious, not inherently dangerous, and that they lacked authority to supervise the plaintiff's work, thereby dismissing the common-law negligence and Labor Law § 200 claims. Additionally, the court found the Industrial Code provision (12 NYCRR) § 23-1.7 (e) (2) cited for the Labor Law § 241(6) claim inapplicable, as the pipe was considered an integral and permanent part of the ongoing construction. Consequently, the motions for summary judgment dismissing all causes of action were granted.

Personal InjuryConstruction AccidentSummary JudgmentCommon Law NegligenceLabor Law § 200Labor Law § 241(6)Industrial CodeOpen and Obvious HazardInherently Dangerous ConditionSupervisory Authority
References
24
Case No. MISSING
Regular Panel Decision

Claim of De Maio v. Rockford Plumbing & Heating

MISSING

Order AffirmedAppellate DecisionJudicial PanelConcurring OpinionMemorandum Decision
References
1
Showing 1-10 of 154 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational