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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

Hansen v. Post

The petitioner, a child protective worker, sought custody of Christopher Post, whose parents, Rose and William Post, had a documented history of child abuse and neglect, leading to the removal of seven other children from their care. Christopher had also been involved in two prior neglect proceedings. The parents exhibited severe deficiencies in parenting skills, an inability to address Christopher's emotional disturbances, and a history of rejecting assistance. After voluntarily placing Christopher with the petitioner, who became his psychological parent, they abruptly cut off contact. The Family Court found extraordinary circumstances, justified judicial intervention, and granted custody to the petitioner, a decision which the appellate court subsequently affirmed.

Custody DisputeParental UnfitnessChild NeglectExtraordinary CircumstancesFamily Court Act Article 6Child Protective ServicesAppealParental RightsPsychological ParentEmotional Disturbance
References
5
Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. 2018 NY Slip Op 01255 [158 AD3d 565]
Regular Panel Decision
Feb 22, 2018

Pena v. Jane H. Goldman Residuary Trust No. 1

Juan Pena, an injured worker, sued Jane H. Goldman Residuary Trust Number 1 and Sol Goldman Investments, LLC (SGI) under Labor Law § 240 (1) after sustaining injuries from a fall off an unsecured and wobbling ladder. The Supreme Court, Bronx County, initially granted Pena partial summary judgment on the issue of liability against SGI. SGI appealed this decision. The Appellate Division, First Department, affirmed the lower court's ruling, finding that Pena's deposition testimony sufficiently established his entitlement to judgment as a matter of law. The court concluded that SGI failed to raise a triable issue of fact, particularly regarding the provision of adequate safety devices or whether Pena was the sole proximate cause of the accident.

Summary judgmentLabor Law § 240(1)Ladder accidentUnsecured ladderFall from heightConstruction site accidentAppellate decisionPrima facie caseTriable issue of factProximate cause
References
4
Case No. 2023 NY Slip Op 01287 [214 AD3d 785]
Regular Panel Decision
Mar 15, 2023

Mora v. 1-10 Bush Term. Owner, L.P.

John Mora, an injured plaintiff, along with his wife, sued 1-10 Bush Terminal Owner, L.P. after he fell from a ladder during demolition work, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' cross-motion for summary judgment on the issue of liability. The defendant appealed this decision, challenging the grant of summary judgment. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiffs had established a prima facie case and the defendant failed to raise a triable issue of fact.

Personal InjuryLadder AccidentDemolition WorkSummary JudgmentAppellate ReviewLabor Law § 240 (1)Proximate CauseNondelegable DutyElevated Work SitesSafety Devices
References
15
Case No. MISSING
Regular Panel Decision

Carpio v. Tishman Construction Corp.

Plaintiff, an employee of L&L Painting Co., Inc., was injured while painting a ceiling at a U.S. Post Office construction site. He fell three feet into an uncovered hole in the floor while looking upwards. Plaintiff sued Tishman and Crow, the construction manager and general contractor, alleging violations including Labor Law § 240 (1). The trial court denied his motion for partial summary judgment and granted summary judgment to the defendants, finding the risk not elevation-related. The appellate court reversed, holding that the plaintiff's injury, resulting from a fall into a three-foot differential hole, constituted an elevation-related risk covered by Labor Law § 240 (1), and reinstated the claim, granting plaintiff's motion for partial summary judgment.

Labor Law § 240 (1)Construction AccidentElevation-Related HazardSummary JudgmentAppellate ReversalUncovered HoleWorker SafetyNondelegable DutyGravity-Related RiskNew York Law
References
16
Case No. MISSING
Regular Panel Decision
Jan 14, 2004

Thomas v. Fall Creek Contractors, Inc.

The plaintiff appealed an order denying his motion for partial summary judgment on Labor Law §§ 240(1) and 241(6) claims. The appellate court modified the order, dismissing both claims. The court found that the temporary wooden stairs, from which the plaintiff fell, were under construction and the plaintiff was aware they were not bolted. Another set of completed stairs was available. The stairs did not break and were not defective, implying the plaintiff's actions were the sole cause of injury. Regarding the Labor Law § 241(6) claim, which relied on 12 NYCRR 23-1.21(b)(4)(i) concerning portable ladders, the plaintiff conceded the specific 36-inch extension requirement was not applicable. Since no other regulation was cited, this claim was also dismissed.

Labor Law § 240(1)Labor Law § 241(6)Summary JudgmentConstruction AccidentTemporary StairsSole Cause of InjuryLadder RegulationAppellate ReviewNew York CourtCPLR 3212(b)
References
3
Case No. MISSING
Regular Panel Decision
Apr 06, 2007

NYP Holdings, Inc. v. Newspaper & Mail Deliverers' Union

NYP Holdings, Inc. (the Post) sued Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU), its President Ronald O’Keefe, and John Does Nos. 1-20 under Section 301 of the Labor Management Relations Act. The Post sought an injunction to prevent the NMDU from engaging in work stoppages during negotiations with another union, Local 94. This request stemmed from an incident where NMDU drivers refused to deliver newspapers, with the NMDU citing safety concerns and the Post alleging a sympathy strike. An arbitrator issued a 'status quo order' directing drivers to return to work with increased security. The Court denied the Post’s application for a preliminary injunction, interpreting the arbitrator's order as limited to the specific events of March 1 and finding no sufficient evidence of a 'pattern of strike activity' by the NMDU to warrant prospective injunctive relief under the Norris LaGuardia Act exceptions.

Labor DisputeInjunctionNorris-LaGuardia ActLabor Management Relations ActCollective Bargaining AgreementNo-Strike ClauseArbitration AwardSympathy StrikePreliminary InjunctionFederal Court
References
10
Case No. ADJ8015232
Regular
Oct 17, 2017

ROSA RAMIREZ vs. RANCHO HARVEST, INC., STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to determine the validity of a lien for interpreting services. The Board affirmed the lien claimant's entitlement to $1,905.00 for services rendered prior to January 1, 2013. However, they rescinded the original decision regarding services after January 1, 2013, finding them not subject to Independent Bill Review. The case is returned to the trial level to determine the reasonable value of services provided after that date.

Workers' Compensation Appeals BoardLien ClaimantInterpreting ServicesOfficial Medical Fee Schedule (OMFS)Independent Bill Review (IBR)Senate Bill 863 (SB 863)Labor CodeStatute of LimitationsExplanation of ReviewAdministrative Director
References
0
Case No. MISSING
Regular Panel Decision
Jul 09, 2002

Saunders v. New York City Health & Hospitals Corp.

This case involves an order and judgment from the Supreme Court, New York County, concerning a proceeding under CPLR article 78. The petition was granted to the extent of enjoining the respondent from appointing temporary employees in disregard of Civil Service Law § 64 (1) and directing an amendment to its policy regarding Civil Service Law § 75 (1) (c) to include part-time employees. However, the application for lost wages and benefits on behalf of petitioner Patino was denied. The court unanimously affirmed the decision, stating that the injunctive relief was properly granted as the respondent failed to articulate an important need for open-ended temporary employment consistent with Civil Service Law. The court also rejected the argument that Civil Service Law § 75 (1) (c) applies only to full-time employees, affirming that no hearing was required for Patino's termination under the applicable collective bargaining agreements.

Temporary EmployeesCivil Service LawInjunctive ReliefPart-time EmployeesLost WagesCollective Bargaining AgreementsTerminationPublic PolicyJudicial ReviewAdministrative Law
References
4
Case No. 528032
Regular Panel Decision
May 12, 2022

In the Matter of the Claim of IRA Jason Lucks, as Executor of the Estate of Julius Lucks, Deceased, Claimant

Julius Lucks suffered a work-related myocardial infarction in 1980, with liability initially against Continental Casualty Company (CNA) before being transferred to the Special Fund for Reopened Cases. After Julius's death in June 2013, his executor, Ira Jason Lucks, filed a claim for consequential death benefits. The Workers' Compensation Board ruled that CNA was the proper carrier for the death benefit claim, citing the failure to raise the applicability of Workers' Compensation Law § 25-a prior to the January 1, 2014 cutoff date. The Appellate Division affirmed the Board's decision, emphasizing that for relief from the Special Fund under Workers' Compensation Law § 25-a (1-a), both the accrual of the death benefit claim and the application for transfer of liability must occur before the January 1, 2014 deadline.

Workers' CompensationDeath BenefitsSpecial Fund for Reopened CasesTransfer of LiabilityAccrual DateCutoff DateCarrier LiabilitySection 25-aMyocardial InfarctionPermanent Partial Disability
References
3
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