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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 the Arbitration between North Country Community College Ass'n & North Country Community College

Petitioner Michael Leahy, a tenured accounting professor, was terminated by North Country Community College for misconduct involving a heated verbal exchange with his supervisor. Leahy and his union, the North Country Community College Association of Professionals, filed a grievance that proceeded to arbitration. The arbitrator found serious misconduct but modified the penalty to a 15-month suspension without pay, along with anger management counseling, rather than termination. Petitioners sought to confirm the arbitration award, while respondents cross-moved to vacate it. The Supreme Court confirmed the award, and this appellate court affirmed that decision, concluding that the arbitrator did not exceed his authority in modifying the penalty and that the award was not irrational or violative of strong public policy.

Arbitration Award ConfirmationEmployee TerminationWorkplace MisconductCollective Bargaining AgreementArbitrator AuthorityPublic Policy ChallengePenalty ModificationAnger ManagementJudicial Review of ArbitrationDisciplinary Action
References
8
Case No. MISSING
Regular Panel Decision

Severino v. Schuyler Meadows Club, Inc.

Peter Severino, an injured worker, and his wife, Patricia Severino, filed suit after Peter sustained injuries at a construction site in Colonie, Albany County. The site was owned by Schuyler Meadows Club, Inc. and Schuyler Meadows Country Club, Inc., with Barry, Bette & Led Duke, Inc. (BBLD) as the general contractor. Peter was injured when a ladder he was using shifted and an angle iron fell, striking him. The complaint alleged negligence and violations of Labor Law sections 200(1), 240(1), and 241(6). The Supreme Court granted a directed verdict against Schuyler and BBLD for violating Labor Law § 240(1), dismissed claims against Schenectady Steel Company, Inc., and denied BBLD's motion against Brownell Steel, Inc. The jury found BBLD 20% liable and Brownell 80% liable. The judgment and order were affirmed on appeal.

Construction Site AccidentLadder FallFalling ObjectLabor Law ViolationsDirected VerdictIndemnificationCommon-Law IndemnificationContractual IndemnificationAppellate ReviewJury Verdict
References
16
Case No. MISSING
Regular Panel Decision
Dec 22, 2004

Claim of Marks v. Evergreen Country Club

Claimant, an office manager with Evergreen Country Club, sought workers' compensation benefits alleging harmful exposure to fumes and materials at work, which led to a temporary aggravation of pre-existing asthma. The Workers' Compensation Board initially found no further causally related disability. After the case was remitted for further review, including deposition testimony from a treating physician, the original decision was reinstated and subsequently upheld by the Board. The claimant appealed the Board's denial of her application for reconsideration and/or full Board review. The court affirmed the Board's decision, concluding that the denial was not arbitrary, capricious, or an abuse of discretion, as the claimant had not presented any new evidence.

Workers' CompensationAsthmaOccupational DiseaseReconsiderationFull Board ReviewAppellate ReviewAbuse of DiscretionArbitrary and CapriciousCausally Related DisabilityPre-existing Condition
References
4
Case No. ADJ7741312
Regular
Nov 27, 2013

MARIA GONZALEZ vs. MONTEREY PENINSULA COUNTRY CLUB

This case involves a petition for reconsideration filed by the applicant, Maria Gonzalez, against Monterey Peninsula Country Club. The applicant has formally withdrawn their petition for reconsideration of the September 24, 2013 decision. Consequently, the Workers' Compensation Appeals Board has dismissed the petition.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionSeptember 24 2013 decisionMonterey Peninsula Country ClubPermissibly Self-InsuredADJ7741312Salinas District OfficeMaria Gonzalez
References
0
Case No. MISSING
Regular Panel Decision
Apr 22, 2009

Ramirez v. Willow Ridge Country Club, Inc.

This judgment affirms the dismissal of a complaint after a jury trial in New York County. The plaintiff, injured during demolition work at Willow Ridge Country Club, Inc., claimed he fell from a deck with a removed railing, while the foreman stated he fell from ladders while pulling a gutter. The jury found a Labor Law § 240 (1) violation but determined it was not the proximate cause, accepting the foreman's account. The appellate court upheld the verdict, addressing the plaintiff's challenges regarding jury instructions on attorney-client privilege and the preclusion of an unsigned deposition transcript under CPLR 3116. The court found no grounds to overturn the jury's decision or the trial court's rulings.

Demolition accidentJury verdictLabor Law violationProximate causeCPLR 3116Attorney-client privilegeAppellate affirmancePersonal injuryConstruction safetyWitness testimony
References
10
Case No. ADJ8835941
Regular
Dec 09, 2013

DARREN BEAN vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT & INDEMNITY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the petitioner's request for reconsideration of a prior decision. The original decision found that the applicant, Darren Bean, failed to prove an industrial injury sustained at Las Posas Country Club. This denial was based on the judge's report, which adopted the findings of fact and credibility assessments. The applicant's petition argued errors in relying on defense medical opinions and failing to apply Labor Code section 3202. However, the Board found the applicant lacked credibility due to inconsistent medical histories regarding prior injuries, and thus his treating physician's opinion was not substantial evidence.

WCABPetition for ReconsiderationDeniedCredibilityGarza v. Workmen's Comp. Appeals Bd.Las Posas Country ClubGallagher BassettGolf Cart AttendantCumulative TraumaNeck Injury
References
1
Case No. ADJ704709 (RIV 0053815)
Regular
Sep 08, 2009

RAMON CHAVEZ vs. RANCHO MIRAGE COUNTRY CLUB, FEDERAL INSURANCE c/o CHUBB SERVICES, MITSUI SUMITOMO, AMERICAN NATIONAL FIRE, INCORPORATED, INSURANCE COMPANY OF NORTH AMERICA by and through ACE, USA/ESIS

This case concerns a workers' compensation claim settled via Compromise and Release, leaving medical lien claims outstanding. The defendant insurer, Federal, sought to join other insurers (INA and American) based on new evidence regarding the period of injurious exposure. The trial judge dismissed INA and American, finding Federal's claims barred by the statute of limitations for contribution. The Appeals Board granted reconsideration, holding that Federal was not seeking contribution but rather defending against a lien claim, making dismissal improper. The matter was returned to the trial level to determine liability for the medical treatment expenses.

Workers' Compensation Appeals BoardRamon ChavezRancho Mirage Country ClubFederal InsuranceMitsui SumitomoInsurance Company of North AmericaACE USA ESISLabor Code Section 5500.5(e)Statute of LimitationsApportionment
References
2
Case No. MISSING
Regular Panel Decision

Old Country Iron Works, Inc. v. Iron Workers Locals 40, 361 & 417 of the International Ass'n of Bridge, Structural & Ornamental Iron Workers Union Security Funds

This labor-management dispute began with Old Country Iron Works, Inc. seeking to stay arbitration initiated by Local 361, claiming its collective bargaining agreement was solely with Local 40. After the case was removed to federal court, Old Country moved for remand, while the unions cross-moved for summary judgment to compel arbitration. The District Court denied Old Country's remand motion, asserting federal jurisdiction due to the dispute's reliance on interpreting the collective bargaining agreement under the Taft-Hartley Act. However, the court also denied the unions' summary judgment motions without prejudice, citing uncertainties regarding the need for an arbitration order and the scope of the arbitration agreement concerning potential jurisdictional issues. The parties were subsequently directed to engage in settlement discussions.

Labor LawCollective Bargaining AgreementArbitrationRemoval JurisdictionTaft-Hartley ActSection 301Summary JudgmentMotion to RemandFederal Common LawJurisdictional Dispute
References
20
Case No. 2022 NY Slip Op 06738 [210 AD3d 572]
Regular Panel Decision
Nov 29, 2022

Aguilera v. BJ's Wholesale Club, Inc.

Plaintiff, Anneldy Aguilera, was injured after slipping on an unidentified wet substance in the women's restroom at a BJ's Wholesale Club store. The defendant, BJ's Wholesale Club, Inc., moved for summary judgment, arguing a lack of actual or constructive notice of the hazardous condition. A maintenance worker's testimony of regular, twice-hourly inspections and cleaning of the bathroom was presented as prima facie evidence. The Supreme Court, Bronx County, granted the defendant's motion. On appeal, the Appellate Division, First Department, affirmed this decision, finding that the plaintiff failed to raise a triable issue of fact and that a timeframe of four to thirty minutes was insufficient to establish constructive notice.

Premises liabilitySlip and fallSummary judgmentConstructive noticeActual noticeMaintenanceBathroom accidentAppellate affirmanceWet substanceHazardous condition
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Country-Wide Insurance & Manning

Daisy P. Manning, an employee of the Department of Transportation, was injured by an uninsured vehicle while driving a city-owned vehicle. She sought arbitration from her personal insurer, Country-Wide, which then moved to permanently stay arbitration. Country-Wide argued that the City of New York, a permissibly self-insured municipality, should provide primary uninsured motorist coverage. Judge Bloom dissents in part, agreeing with the necessity of reversal but advocating for a remand with specific directions to join the City of New York as a party. This would allow for a full determination of rights, particularly concerning the City's potential primary liability under uninsured motorist provisions and the exclusivity of the Workers' Compensation Law.

Uninsured Motorist CoverageWorkers' Compensation LawSelf-Insured MunicipalityStay of ArbitrationPrimary vs. Secondary LiabilityJoinder of PartiesVehicle and Traffic LawInsurance LawExclusive RemedyAppellate Dissent
References
1
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