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

Case No. CA 14-01767
Regular Panel Decision
Nov 20, 2015

WOLFE, PHILLIP v. WAYNE-DALTON CORPORATION

Phillip Wolfe, a warehouse manager, sustained injuries after falling from a safety ladder while attempting to repair an overhead receiving door cable. He initiated an action against the warehouse owners, including Joanne Leska and Robert Tarson, Jr., alleging a violation of Labor Law § 240 (1). The Supreme Court initially granted Wolfe partial summary judgment on liability, deeming the activity a protected "repair." On appeal, the Appellate Division, Fourth Judicial Department, modified the Supreme Court's order, affirming that Wolfe was engaged in a protected activity but finding a triable issue of fact regarding whether the injury was due to an elevation-related risk under the statute. The appellate court also affirmed the dismissal of the defendants' immunity defense under Workers’ Compensation Law §§ 11 and 29 (6) and upheld the denial of their motion for leave to renew.

Ladder fallWarehouse injuryLabor Law § 240 (1) claimWorkers' Compensation immunitySummary judgmentAppellate reviewElevation-related riskOverhead door repairTriable issue of factNew York Appellate Division
References
17
Case No. MISSING
Regular Panel Decision

Wolfe v. KLR Mechanical, Inc.

Plaintiff Malcolm Wolfe, a millwright employed by DLX Inc., was injured when he slipped on a threaded rod while working at defendant Irving Tissue, Inc.'s paper mill. Wolfe and his wife filed an action alleging negligence and violations of Labor Law §§ 200 and 241 (6) against Irving Tissue, Inc., Northeast Riggers & Erectors, Inc. (general contractor), and KLR Mechanical, Inc. (subcontractor). The Supreme Court granted summary judgment to all defendants, dismissing the complaint. On appeal, the court affirmed the dismissal of the Labor Law § 241 (6) claims against all defendants and the other claims against Northeast Riggers & Erectors, Inc. and KLR Mechanical, Inc. However, the court reversed the summary judgment granted to Irving Tissue, Inc. concerning common-law negligence and Labor Law § 200, finding that Irving retained control of the stairway and failed to establish a lack of constructive notice of the dangerous condition. The case was remitted for further proceedings against Irving Tissue, Inc.

Labor LawSummary JudgmentPremises LiabilityConstruction AccidentRoutine MaintenanceIndustrial CodeAppellate DivisionSpecial EmployeeConstructive NoticeDangerous Condition
References
21
Case No. 2018 NY Slip Op 00246 [157 AD3d 528]
Regular Panel Decision
Jan 16, 2018

Casalini v. Alexander Wolf & Son

Plaintiff Michael Casalini was allegedly injured at work on a renovation site when he slipped and fell on a pile of debris. The Supreme Court initially granted defendants' in limine motion and dismissed the complaint, citing a prior order that found no negligence by defendant Alexander Wolf & Son regarding the debris. The Appellate Division, First Department, reversed this decision, ruling that the motion in limine was effectively an untimely motion for summary judgment under CPLR 3212(a) and also premature under CPLR 4401 as plaintiffs were denied an evidentiary hearing. Consequently, the appellate court denied the motion, and the complaint was reinstated in its entirety.

Personal InjuryConstruction AccidentSlip and FallPremises LiabilityLabor LawSummary JudgmentMotion in LimineAppellate ProcedureIndemnificationThird-Party Claim
References
4
Case No. MISSING
Regular Panel Decision

In re Ronald M.

The Erie County Department of Social Services (DSS) obtained temporary custody of Ronald M., Jr. based on a neglect petition alleging the mother's mental illness and substance abuse, and a prior neglect adjudication for an older sibling. At trial, the evidence from a child protective worker, a psychiatrist, and a nurse was deemed insufficient to prove current neglect. The Family Court granted the respondents' motions to dismiss. On appeal, DSS solely relied on the principle that prior neglect of one child is admissible to prove neglect of another, but the appellate court found this insufficient to sustain a neglect finding given the 16-month gap since the prior order and a lack of proof of non-compliance or new concerning behavior by the parents. The order dismissing the neglect petition was unanimously affirmed.

Child NeglectFamily LawAppellate CourtSufficiency of EvidencePrior AdjudicationParental FitnessChild Protective ServicesDomestic ViolenceMental Health IssuesSubstance Abuse History
References
2
Case No. CA 10-02491
Regular Panel Decision
Mar 16, 2012

LUCAS, RONALD, MTR. OF

This case involves an appeal from a judgment confirming two arbitration awards. The first award found that the respondents violated a collective bargaining agreement (CBA) by disregarding a binding past practice where the most senior caulker supervisor was offered the right of first refusal for an acting-time position. The second award directed the respondents to pay Donald Mackowiak $54,282.71 and Ronald French $1,094.99 in back pay and lost overtime for their failure to provide this right. The respondents argued on appeal that the awards violated Civil Service Law §§ 61(2) and 64(2), were against public policy, speculative, irrational, and exceeded the arbitrator's power. The Appellate Division affirmed the judgment, holding that the awards did not violate the Civil Service Law, as temporary appointments under § 64(2) do not require emergency situations. The court also found no public policy violation, citing an employer's ability to limit its discretion by agreement or established past practice, especially when safety is not a concern. The damages were deemed non-speculative, and the awards were found to be rational and within the arbitrator's authority, supported by evidence of a past practice.

Arbitration AwardCollective Bargaining AgreementCivil Service LawPublic Policy ChallengeWaiver of DiscretionPast Practice DoctrineActing-Time PositionRight of First RefusalDamages for Lost WagesAppellate Division
References
11
Case No. ADJ8841436
Regular
Jul 11, 2014

RONALD LAWRENCE vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Ronald Lawrence's petition for reconsideration of the denial of his back injury claim. The Workers' Compensation Judge found Lawrence not credible, citing inconsistencies in his account of the injury. The medical records were ambiguous and the judge gave great weight to his credibility determination, adopting the judge's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityBurden of ProofDisputed InjuryTestimonial EvidenceMedical RecordsLabor CodeAdmissibility of Evidence
References
1
Case No. 2019 NY Slip Op 06263 [175 AD3d 927]
Regular Panel Decision
Aug 22, 2019

Wolf v. Ledcor Constr. Inc.

This case concerns a construction worker, Christopher Wolf, who sustained injuries when a scaffold he was using tipped over due to a wheel falling into an improperly covered floor drain. Plaintiff moved for partial summary judgment under Labor Law § 240 (1), which the Supreme Court granted, while denying defendants' cross-motions to dismiss claims under Labor Law § 240 (1), Labor Law § 200, and common-law negligence. The Appellate Division, Fourth Department, affirmed the Supreme Court's decision, concluding that the accident involved an elevation-related risk and that defendants failed to establish a lack of supervisory control or notice of the dangerous condition. The Court rejected defendants' 'sole proximate cause' defense, citing a statutory violation. However, the Appellate Division modified the order to deny contractual indemnification for Cameron Group, LLC by Costco Wholesale Corp., finding no contractual basis for such indemnification.

Construction AccidentScaffold AccidentLabor Law Section 240(1)Labor Law Section 200Common-Law NegligenceElevation-Related RiskProximate CauseSummary JudgmentContractual IndemnificationSupervisory Control
References
40
Case No. CV-23-0674
Regular Panel Decision
Jun 20, 2024

In the Matter of the Claim of Ronald Winkelman

Ronald Winkelman, a claimant in a workers' compensation case, sustained work-related injuries in 2000 and 2018. Following the 2018 injury, he received treatment and was assessed with a temporary partial disability, leading to lifting restrictions. After his employer could not accommodate these restrictions and terminated him, Winkelman secured per diem employment. The employer and its carrier alleged a violation of Workers' Compensation Law § 114-a, claiming Winkelman made false statements regarding his work activities while receiving benefits. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board found no such violation, concluding that Winkelman's activities, including assisting his spouse, did not exceed his medical restrictions. The Board also determined that Winkelman was entitled to a reduced earnings award, finding he demonstrated attachment to the labor market. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, finding it supported by substantial evidence and noting the Board's role as the sole arbiter of witness credibility.

Workers' Compensation Law § 114-aFraud AllegationReduced Earnings AwardTemporary Partial DisabilityIndependent Medical ExaminationBoard Decision AffirmationWitness CredibilitySubstantial EvidenceAppellate ReviewLabor Market Attachment
References
14
Case No. 524606
Regular Panel Decision
Mar 29, 2018

Matter of Wolfe v. Ames Dept. Store, Inc.

Claimant Geraldine Wolfe suffered a work-related accident in April 2002, leading to established injuries to her right shoulder, neck, and upper back. Initially, a Workers' Compensation Law Judge (WCLJ) found her permanently totally disabled. However, the Workers' Compensation Board, after an impartial medical evaluation by physiatrist Paul Salerno, determined it was premature to classify her with a permanent disability. Instead, the Board found a temporary marked partial disability and directed further medical testing. The Board also concluded that claimant was not attached to the labor market as of December 16, 2013, as her employment search efforts had ceased. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence regarding both the disability classification and labor market attachment.

Workers' Compensation LawPermanent Total DisabilityTemporary Partial DisabilityLabor Market AttachmentImpartial Medical SpecialistMedical Impairment GuidelinesAppellate ReviewCervical Spine PainDegenerative ChangesSubstantial Evidence
References
5
Case No. MISSING
Regular Panel Decision
Nov 21, 1988

In re James P.

This case involves a child protective petition filed against Ronald J. and Vivian P. concerning three children: James P., Ronald J., Jr., and Shaila J. The Family Court in New York County initially dismissed the petition. However, the appellate court reversed this dismissal, reinstating the petition and making new findings. Specifically, it found that James P. is an abused child by Ronald J., and James P., Ronald J., Jr., and Shaila J. are neglected children by Vivian P. The matter was remanded for a dispositional hearing before a different judge. The decision highlights the importance of corroborating out-of-court statements made by children regarding abuse or neglect, supported by expert testimony.

child protective petitionchild abusechild neglectsexual abusefamily courtappellate reviewcredibility of witnessesexpert testimonycorroborationremand
References
2
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