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Case Law Database

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

Case No. MISSING

Regular Panel Decision

In re Coho Energy, Inc.

The case concerns Deborah Gaye Locke's claims of age and sex discrimination against Coho Oil and Gas, Inc. after she was not hired for a 'Pumper' position. Locke, a female over 40, had previously worked for Amoco Production Company in a similar role. Coho acquired properties from Amoco and had different staffing requirements, emphasizing individual pumpers performing all maintenance and repair without assistance. Coho asserted its hiring decision was based on legitimate, non-discriminatory reasons, including negative reference checks, Locke's perceived lack of independent maintenance and repair experience, and the need for pumpers to perform heavy manual labor. The court found Coho's witnesses credible and Locke's testimony less so, particularly regarding fabricated evidence. While the court granted equitable tolling for Locke's late-filed EEOC charge due to administrative confusion, it ultimately concluded that Locke failed to prove that Coho discriminated against her based on age or sex, denying her discrimination claims.

Employment DiscriminationAge DiscriminationSex DiscriminationTitle VIIADEAEquitable TollingPrima Facie CaseBurden of ProofPretextHiring Decision

References

Case No. 2020 NY Slip Op 04384

Regular Panel Decision

Aug 05, 2020

Golec v. Dock St. Constr., LLC

Krzysztof Golec, an employee of Loreconcrete, LLC, suffered injuries while working on a construction project for the Dock Street defendants, specifically while removing concrete from a pumper truck with its engine running. Golec and his wife sued the Dock Street defendants, alleging a violation of Labor Law § 241 (6). The Dock Street defendants initiated a third-party action against Loreconcrete for contractual and common-law indemnification. The Supreme Court denied summary judgment on the Labor Law claim to both Dock Street and Loreconcrete, and also denied Dock Street's indemnification motion. The Appellate Division affirmed the denial regarding the Labor Law § 241 (6) claim but modified the order, granting conditional summary judgment to the Dock Street defendants for contractual and common-law indemnification against Loreconcrete, LLC.

Construction AccidentLabor Law § 241(6)Industrial CodeIndemnificationSummary JudgmentAppellate ReviewWorkers' Compensation LawConcrete Pumper TruckGrave InjuryDuty of Owners and Contractors

References

Case No. MISSING

Regular Panel Decision

Blakeley v. Fresno Oil Co.

J. Y. Blakeley sued Fresno Oil Company, Inc. for unpaid overtime, penalties, and attorney's fees under the Fair Labor Standards Act of 1938. Blakeley, an oil well pumper, alleged he worked more than 42 hours per week but was instructed to only report 42 hours. The defendant denied the claims, stating full payment was made and that claimed overtime included non-productive travel time. The trial court submitted special issues to a jury which found in favor of Blakeley, but then granted the defendant's motion for judgment notwithstanding the verdict, entering a 'take nothing' judgment. On appeal, the court affirmed the trial court's decision, finding that Blakeley failed to prove the defendant was engaged in interstate commerce during his employment and that his evidence regarding compensable overtime hours was indefinite and uncertain.

OvertimeFair Labor Standards ActFLSAInterstate CommerceBurden of ProofJudgment Notwithstanding VerdictDirected VerdictOil IndustryPumperUnpaid Wages

References

Case No. MISSING

Regular Panel Decision

Apr 29, 1942

United East and West Oil Co. v. Dyer

This case involves a common law action filed by Edwin Arthur Dyer against United East & West Oil Company for personal injuries sustained in a gas explosion at a lease house. Dyer, employed as a pumper, was injured while on duty in a company-provided bunk house used for both living and work purposes. The explosion was attributed to the defendant's negligence in supplying gas with inconsistent pressure, leading to a stove fire extinguishing and gas accumulation, which was then ignited by a kerosene lamp. The jury found that Dyer was acting within the scope of his employment and that the defendant's negligence proximately caused his injuries. The Commission of Appeals affirmed the judgment for Dyer, asserting that his occupancy of the house was integral to his service, making the employer liable despite arguments of a landlord-tenant relationship. The court also noted that common law defenses were unavailable to the company due to its failure to subscribe to the Workmen's Compensation Law.

Gas ExplosionWorkplace InjuryEmployer LiabilityNegligenceWorkers' Compensation ExemptionCommon Law TortCourse of EmploymentUnsafe PremisesOil and Gas IndustryBunkhouse

References

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In re Coho Energy, Inc.

Employment DiscriminationAge DiscriminationSex DiscriminationTitle VIIADEAEquitable TollingPrima Facie CaseBurden of ProofPretextHiring Decision

Golec v. Dock St. Constr., LLC

Construction AccidentLabor Law § 241(6)Industrial CodeIndemnificationSummary JudgmentAppellate ReviewWorkers' Compensation LawConcrete Pumper TruckGrave InjuryDuty of Owners and Contractors

Blakeley v. Fresno Oil Co.

OvertimeFair Labor Standards ActFLSAInterstate CommerceBurden of ProofJudgment Notwithstanding VerdictDirected VerdictOil IndustryPumperUnpaid Wages

United East and West Oil Co. v. Dyer

Gas ExplosionWorkplace InjuryEmployer LiabilityNegligenceWorkers' Compensation ExemptionCommon Law TortCourse of EmploymentUnsafe PremisesOil and Gas IndustryBunkhouse