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

Case No. ADJ7155290, ADJ7250226
Regular
Oct 11, 2018

Applicant vs. JOHN F. KENNEDY MEMORIAL HOSPITAL, SEDGWICK CMS

The WCAB affirmed the WCJ's decisions denying applicant's workers' compensation claims. In one case, the WCJ found the applicant's claim barred by collateral estoppel due to an arbitration decision, and the WCAB agreed the applicant had an adequate opportunity to litigate. In the second case, the WCAB upheld the WCJ's finding that the applicant failed to prove injury AOE/COE, rejecting claims of post-traumatic memory issues and insufficient rebuttal evidence. The WCAB gave great weight to the WCJ's credibility determination based on observing witnesses.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersPresumption of CompensabilityLabor Code Section 5402AOE/COECollateral EstoppelArbitrationPost-traumatic Memory IssuesDr. Bassett
References
4
Case No. MISSING
Regular Panel Decision

In Re Sheehan Memorial Hospital

This decision addresses two issues in a bankruptcy case involving Young Hee Tato and Sheehan Memorial Hospital. First, the court determines whether to allow an administrative claim for damages from Ms. Tato's post-petition employment termination without notice. The court allows Ms. Tato's termination claim for $7,726.03, but as a general unsecured claim, not an administrative one, citing 11 U.S.C. § 502(b)(7) and the pre-petition nature of the contract. Second, Ms. Tato requested the court abstain from deciding her discrimination claim, alleging national origin discrimination. The court denies this abstention request, concluding it has jurisdiction over the discrimination claim under 28 U.S.C. § 157 and that prompt resolution benefits the bankruptcy estate.

Bankruptcy LawEmployment Contract TerminationAdministrative ClaimUnsecured ClaimDiscrimination ClaimNational Origin DiscriminationBankruptcy Court JurisdictionAbstention Doctrine11 U.S.C. 502(b)(7)28 U.S.C. 157
References
8
Case No. MISSING
Regular Panel Decision

Stankowski v. Kim

Plaintiff's decedent, Janusz Stankowski, was killed after being struck by a truck backing into Post & Taback's loading dock at the New York City Terminal Market. Plaintiff alleged negligence against Post & Taback for maintaining a dangerous condition (debris) and failing to control traffic, claiming the debris caused Stankowski to slip and be struck again. The IAS court denied Post & Taback's motion for summary judgment, but the appellate court reversed, finding no admissible evidence of Stankowski slipping on debris and no duty for Post & Taback to maintain the area where the accident occurred or control traffic. The dissent argued that issues of fact remained regarding the debris contributing to the accident and Post & Taback's duty to clear the area close to its dock.

Summary JudgmentNegligencePremises LiabilityWrongful DeathAppellate ReviewEvidentiary RulesHearsay EvidenceTraffic ControlLoading Dock AccidentDuty of Care
References
16
Case No. 2023 NY Slip Op 06210
Regular Panel Decision
Nov 30, 2023

Tisselin v. Memorial Hosp. for Cancer & Allied Diseases

Plaintiff Frisner Tisselin, a project manager, sustained injuries at a construction site when a roof access ladder detached from a personnel hoist and struck him. The ladder's attachment failed due to a broken weld on a washer. The Supreme Court denied the plaintiffs' motion for summary judgment on their Labor Law § 240 (1) claim and largely granted defendants' motion to dismiss the complaint. On appeal, the Appellate Division, First Department, modified the order, granting plaintiffs' motion for summary judgment on Labor Law § 240 (1) liability, finding the hoist inadequate for its safety purpose and the ladder an essential component. However, the court affirmed the dismissal of the Labor Law § 200 claim against Memorial Hospital and Turner Construction due to a lack of actual or constructive notice of the dangerous condition. Additionally, the court affirmed the denial of Safeway Atlantic, LLC's motion to dismiss the common-law negligence claim, citing an issue of fact regarding negligent installation and inspection of the hoists.

Construction site injuryPersonnel hoist accidentLadder detachmentLabor Law § 240 (1) liabilityLabor Law § 200 dismissalCommon-law negligenceSummary judgmentAppellate DivisionSafety device inadequacyElevation-related hazard
References
7
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
Oct 19, 2000

Rosenberg v. Eternal Memorials, Inc.

The case involves two consolidated actions for personal injuries and wrongful death. Stuart Rosenberg, executor of the estate of Barry Rosenberg, and Edward Wheat, sustained injuries when an extendable boom they were operating contacted a power line on Eternal Memorials, Inc.'s property. The Supreme Court granted Eternal Memorials, Inc.'s motion for summary judgment, dismissing the complaints against it. The appellate court affirmed this decision, ruling that the landowner, Eternal Memorials, Inc., was not liable as it did not supervise the work nor had actual or constructive notice of the dangerous condition.

Personal injurywrongful deathelectrocutionextendable boompower linelandowner dutysafe place to workLabor Law § 200summary judgmentappellate review
References
3
Case No. MISSING
Regular Panel Decision
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
Case No. MISSING
Regular Panel Decision

Gentile v. Nulty

Police Officer Steven Gentile sued his employers, Kevin A. Nulty (Chief of Police) and the Town of Orangetown, alleging deprivation of rights under 42 U.S.C. § 1983 and New York General Municipal Law § 207-c.l. Gentile claimed defendants continually denied him workers' compensation benefits in retaliation for previous legal actions to secure those benefits related to two work-related injuries: post-traumatic stress disorder and physical injuries. Defendants moved to dismiss and/or for summary judgment, arguing Gentile waived his rights by paying doctors directly and that they preserved their right to challenge liability. The court denied defendants' motions, finding Gentile had not waived his rights and defendants had not preserved their right to challenge liability, and stated an inclination to grant partial summary judgment to Gentile on the issue of liability.

Workers' Compensation BenefitsPolice Officer RightsGeneral Municipal Law § 207-c.lRetaliatory ActionsDue ProcessFifth AmendmentFourteenth AmendmentWaiver of RightsSummary Judgment MotionMotion to Dismiss
References
24
Case No. MISSING
Regular Panel Decision

Kaczor v. City of Buffalo

Walter Kaczor, a retired Buffalo Police Officer, sued the City of Buffalo and its officers for age discrimination under the ADEA and New York State Human Rights Law, alleging he was not reinstated due to his age. A jury found the defendants willfully discriminated against Kaczor. Defendants filed post-trial motions challenging the sufficiency of evidence, jurisdictional issues, and damages computation. The court denied defendants' motions for judgment notwithstanding the verdict on liability and willfulness, finding ample evidence to support the jury's findings, including direct evidence of age discrimination. The court also denied motions to dismiss Kaczor's ADEA and pendent state law claims, confirming jurisdiction despite complex interplays between federal and state filing requirements. Issues related to the excessiveness of damages were referred to a Magistrate for settlement negotiations.

Age Discrimination in Employment Act (ADEA)New York State Human Rights LawPost-Trial MotionsWillful DiscriminationJudgment Notwithstanding the Verdict (JNOV)Procedural RequirementsJurisdictional IssuesElection of RemediesDamagesEmotional Distress
References
24
Case No. MISSING
Regular Panel Decision
Mar 29, 2006

Ochei v. Coler/Goldwater Memorial Hospital

Plaintiff Joan Ochei brought an action against Coler/Goldwater Memorial Hospital and New York City Health and Hospitals Corporation, alleging discrimination based on race and national origin, a hostile work environment, and retaliation, leading to constructive discharge. Ochei, a Licensed Practical Nurse, claimed inadequate training, negative evaluations, and transfer were discriminatory. The defendants moved for summary judgment, arguing Ochei failed to establish a prima facie case. The court granted summary judgment, dismissing the complaint, finding no evidence to support Ochei's claims of discrimination, a hostile work environment, or constructive discharge. Additionally, Coler/Goldwater Memorial Hospital was deemed not a suable entity.

DiscriminationNational Origin DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentEmployment LawTitle VIINew York State Human Rights Law
References
47
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