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

Case No. 15 Civ. 7543 (NSR)
Regular Panel Decision
Mar 22, 2017

Safe Step Walk in Tub Co. v. CKH Industries, Inc.

Plaintiff Safe Step Walk In Tub Co. sued Defendant CKH Industries, Inc. for non-payment of marketing fees. CKH counter-claimed, alleging violations of franchise laws, breach of agreements, unfair business practices, and fraud. Safe Step moved to dismiss CKH’s counter-claims. The court granted in part and denied in part the motion. It determined that the relationship between the parties could plausibly constitute a franchisor-franchisee relationship under the FTC Rule and various state laws, allowing certain counter-claims to proceed. However, claims under New York and Rhode Island's "Little FTC" Acts, breach of the implied covenant of good faith and fair dealing, and unfair competition were dismissed. The court also held that Tennessee law governs the contract disputes, while state franchise laws apply where Defendant's franchises are located. Additionally, the court found that oral modifications and part performance could sustain certain contract claims despite written-only modification clauses.

Franchise LawBreach of ContractUnfair CompetitionFraudMotion to DismissChoice of LawFederal Trade Commission ActState Franchise ActsPromissory EstoppelUnjust Enrichment
References
87
Case No. MISSING
Regular Panel Decision

Ochsner v. Gear

The case involves a claimant whose phlebitis developed gradually due to prolonged standing and walking on a concrete floor at work. The dissenting opinion argues that this condition does not qualify as a compensable 'accident' under workers' compensation law because it did not occur suddenly from an external force, nor did it result from 'unusual environmental conditions or events assignable to something extraordinary.' While acknowledging a causal link to the work environment, the dissent asserts that a concrete floor is not an unusual or extraordinary condition. Consequently, the dissent concludes that the Workers' Compensation Board’s decision is not supported by substantial evidence and should be reversed. However, Cardona, P. J., concurs, and the decision is ultimately affirmed without costs.

Workers' CompensationOccupational DiseasePhlebitisGradual InjuryUnusual Environmental ConditionsDissenting OpinionCausal RelationshipWork EnvironmentCompensable AccidentPanel Decision
References
6
Case No. MISSING
Regular Panel Decision

Claim of Ashby v. ARC Electric Corp.

The claimant, a 56-year-old assistant foreman with a pre-existing coronary condition, suffered a heart injury after walking up 9 to 10 flights of stairs at his job site to distribute pay envelopes. An elevator was available, but the claimant chose to walk leisurely. The Workers’ Compensation Board found that the claimant’s work activities were stressful and constituted an accidental injury arising out of and in the course of his employment, and that his disability was causally related to this injury. The board's finding was supported by substantial evidence and medical evidence regarding causal effect. The appellate court affirmed the decision, stating that the claimant's choice to walk the stairs instead of taking the elevator was not significant.

Workers' CompensationHeart InjuryAccidental InjuryEmployment-RelatedPre-existing ConditionCausationAppellate DecisionMedical EvidenceStair ClimbingOccupational Stress
References
2
Case No. MISSING
Regular Panel Decision
May 11, 2004

Claim of Frank v. New York City Transit Authority

This case involves an appeal from a Workers' Compensation Board decision that found a causal relationship between a decedent's death and his employment. The employer engaged in prolonged retaliatory and harassing conduct, including unjustifiably withholding differential pay, threatening to revoke medical benefits, refusing to reimburse pharmacy expenses, denying vacation leave, and filing a false claim of absence without leave. This behavior, alongside repeated failures to substantiate claims regarding benefit overpayments, led to prolonged hearings. Following one such hearing, the decedent suffered a fatal myocardial infarction. A Workers' Compensation Law Judge and the Board subsequently found a causal connection between the employer's conduct and the decedent's death. The Appellate Court affirmed the Board's determination, concluding that substantial evidence supported the finding that the death resulted from the employer's "prolonged pattern of intimidation, deceit, and unlawful coercion, the wrongful withholding of benefits to which decedent was entitled, and generally disgraceful conduct towards the decedent." The employer's claims regarding witness preclusion were dismissed as not properly before the court.

Workers' CompensationCausationEmployer RetaliationStress-Related DeathMyocardial InfarctionBenefits WithholdingAppellate ReviewSubstantial EvidenceProcedural IssuesUnjustified Conduct
References
6
Case No. ADJ7516841
Regular
Mar 05, 2012

KAREN SHAW vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA

This case concerns applicant Karen Shaw's claim for workers' compensation benefits after she slipped and broke her wrist and ankle while walking to a bookstore in San Francisco. The defendant, Cast & Crew Entertainment Services, Inc., argued the injury was not compensable, citing the going-and-coming rule and the bunkhouse rule. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that Shaw's injury arose out of and in the course of her employment under the commercial traveler rule. The Board determined that Shaw's walk, while on an extended business trip and on call, was a reasonable expectancy of her employment, even if considered personal activity.

Workers' Compensation Appeals BoardKaren ShawCast & Crew Entertainment ServicesInc.Zurich North AmericaADJ7516841San Franciscogoing and coming rulebunkhouse ruleMotion Picture Health Plan
References
11
Case No. MISSING
Regular Panel Decision

Claim of Cramer v. BASF Wyandotte Corp.

This case involves an appeal from a Workers' Compensation Board decision that found an occupationally related disease contributed to the decedent's death. The decedent had bronchitis, an occupational disease, and also aortic stenosis, which caused his death. The key issue was whether the bronchitis contributed to his death by preventing cardiac surgery that would have prolonged his life. Expert medical testimony indicated that the bronchitis made him ineligible for the necessary aortic valve replacement surgery. The appellate court found substantial evidence to support the Board's determination that the bronchitis prevented life-prolonging surgery and affirmed the Board's amended decision.

Workers' CompensationOccupational DiseaseBronchitisAortic StenosisMedical TestimonyCausationSurgical ContraindicationLife ExpectancyAppellate ReviewBoard Determination
References
5
Case No. MISSING
Regular Panel Decision
Jan 29, 2007

Claim of Kontogiannis v. Nationwide PC

Claimant, while on an authorized break from her Manhattan workplace, fell on a public sidewalk near her building, injuring her shoulder and knee. A Workers' Compensation Law Judge initially established her claim for benefits. However, the Workers' Compensation Board reversed this, ruling that leaving the office for a walk constituted a significant interruption of her work activities, thus denying her claim. The appellate court reversed the Board's decision, citing precedents that short breaks do not interrupt employment and that the employer retains constructive control. The court found that the claimant's brief departure for a walk was not a purely personal mission negating the employer's control, and therefore the Board's determination was not supported by substantial evidence. The matter was remitted for further proceedings.

Authorized BreakSlip and FallCausally Related InjuryCourse of EmploymentConstructive ControlPersonal MissionAppellate ReviewBoard Decision ReversedSidewalk Injury
References
4
Case No. MISSING
Regular Panel Decision

Adams v. ALCOA, INC.

In this action under the Fair Labor Standards Act (FLSA), a class of aluminum factory workers alleged that Alcoa Inc. failed to compensate them for activities like arriving early, donning and doffing protective gear, walking to work, and showering. Alcoa moved for summary judgment, arguing these activities were not compensable. The Court, applying the Second Circuit's narrow interpretation of 'integral and indispensable' activities under the Portal-to-Portal Act, found that the protective equipment was neither indispensable (as employees could change at home) nor integral (as the workplace was not a 'lethal atmosphere'). Consequently, the time spent on these activities, including associated walking and showering, was deemed non-compensable. The Court therefore granted Alcoa's motion for summary judgment, dismissing all of the Plaintiffs' claims.

Fair Labor Standards ActSummary JudgmentDonning and DoffingProtective Personal EquipmentCompensable WorkPortal-to-Portal ActIntegral and Indispensable TestLethal Atmosphere DoctrineWage and Hour ClaimsEmployer Liability
References
25
Case No. MISSING
Regular Panel Decision
Apr 16, 2001

McDaniel v. Fischione Construction Co.

The plaintiff, an employee of Keith Ramsey Drywall Services, Inc., was injured after falling from stacked drywall walk-ups while installing drywall. The Supreme Court granted the plaintiff's cross-motion for partial summary judgment under Labor Law § 240 (1), determining that the walk-ups failed to provide proper protection and rejecting the defendant's recalcitrant worker defense. The court also granted Fischione Construction Co., Inc.'s motion for common-law indemnification against Keith Ramsey Drywall Services, Inc., as Fischione only exercised general supervisory authority over the work site. The appellate court affirmed the order, finding that Supreme Court properly granted both the plaintiff's cross-motion and Fischione's motion for summary judgment.

Labor Law § 240(1) ViolationStacked Walk-ups FailureWorker SafetyPremises LiabilityThird-Party IndemnificationSupervisory AuthorityAppellate ReviewConstruction Site InjurySummary Judgment MotionUnsafe Practices
References
6
Case No. MISSING
Regular Panel Decision

Aldrich v. St. Joseph's Hospital

Claimant, a licensed practical nurse, sought workers' compensation benefits for a bone spur in her foot and knee, which she attributed to repetitive walking required by her job since 1990. After an initial controversion, a Workers’ Compensation Law Judge established the case for occupational disease, notice, and causal relationship, awarding benefits. This decision was affirmed by the Workers’ Compensation Board. The employer and its carrier appealed, contending the condition was not a compensable occupational disease under Workers’ Compensation Law § 2 (15). The court found substantial evidence, including medical testimony, to support the Board's finding of a recognizable link between the claimant's condition and the distinctive feature of her occupation, specifically extensive walking on hard floors. Therefore, the decision finding a compensable occupational disease was affirmed.

Occupational DiseaseBone SpurLicensed Practical NurseRepetitive WalkingCausal RelationshipWorkers' Compensation LawMedical EvidenceAppellate ReviewFoot and Knee PainWorkers' Compensation Board Decision
References
4
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