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

Case No. 2022 NY Slip Op 00083 [201 AD3d 1059]
Regular Panel Decision
Jan 06, 2022

Matter of Fleetwood Drywall Inc. (Commissioner of Labor)

Fleetwood Drywall Inc. appealed a decision from the Unemployment Insurance Appeal Board, which found them liable for additional unemployment insurance contributions for certain drywall installers and finishers. Fleetwood considered these workers independent contractors, but an audit and subsequent hearings determined an employment relationship existed under the Construction Industry Fair Play Act (Labor Law art 25-B). The Administrative Law Judge and the Board found that Fleetwood failed to rebut the statutory presumption of an employment relationship by not meeting all 12 statutory criteria for separate business entities under Labor Law § 861-c (2). The Appellate Division affirmed the Board's decision, specifically finding that Fleetwood failed to demonstrate that the subcontractors owned the capital goods (drywall) as required by the statute.

Unemployment InsuranceIndependent ContractorEmployment RelationshipConstruction Industry Fair Play ActLabor LawStatutory PresumptionCapital GoodsDrywall InstallersSubcontractorsAppellate Review
References
17
Case No. MISSING
Regular Panel Decision

Christa Construction, LLC v. Connelly Drywall, LLC

Christa Construction, LLC sued Connelly Drywall, LLC for breach of contract concerning two construction projects. Christa alleged that Connelly Drywall failed to provide adequate legal and skilled workers, leading to additional costs for Christa. Connelly Drywall's counsel withdrew, and the company subsequently failed to retain new counsel despite court orders, effectively failing to defend itself. Consequently, Christa moved for a default judgment. The court granted the motion for default judgment, awarding Christa damages totaling $393,662.00, plus interest, and attorneys' fees of $25,460.77. Connelly Drywall's counterclaims were dismissed with prejudice.

Default JudgmentBreach of ContractCorporate RepresentationFailure to AppearAttorney WithdrawalDamagesAttorneys' FeesSubcontract AgreementConstruction ProjectContract Dispute
References
11
Case No. ADJ10531850
Regular
Aug 14, 2018

JORGE MACIEL IBARRA vs. TIM CAGLE, individually, doing business as TIM CAGLE DRYWALL, GREGORY AND BROOKE BAIRD, UNINSURED EMPLOYERS BENEFITS TRUST FUND (UEBTF), ALLIED SACRAMENTO

This Workers' Compensation Appeals Board case involves applicant Jorge Maciel Ibarra's claim for an industrial injury as a drywall installer. The primary issue is whether applicant was a household employee, as the Uninsured Employers Benefits Trust Fund (UEBTF) argues for exclusion. The Board rescinded the initial findings and remanded the case for the WCJ to first determine the identity of the employer and insurance status. If Tim Cagle Drywall is uninsured, the WCJ must then decide if the applicant, as an employee of an unlicensed contractor, meets the household employee wage and hour thresholds for coverage.

UEBTFPetition for ReconsiderationHousehold EmployeeLabor Code section 3352(h)Ultimate HirerUninsured ContractorLicensed ContractorSection 2750.5(c)Section 3351(d)Workers' Compensation Appeals Board
References
5
Case No. 2018 NY Slip Op 07468
Regular Panel Decision
Nov 07, 2018

People v. Ultimate Homes, Inc.

Guy Poulin, a drywall installer, was injured after falling through an unguarded stairwell opening at a residential construction site. He and his wife sued the general contractor, Ultimate Homes, Inc., among others, alleging violations of Labor Law §§ 200, 240(1), and 241(6), as well as common-law negligence. The Supreme Court's order, which had denied Ultimate's motion to dismiss Labor Law § 200 and common-law negligence claims and its cross-claim for indemnification, was appealed. The Appellate Division, Second Department, modified the order, affirming the grant of summary judgment to the plaintiffs on Labor Law § 240(1) against Ultimate. The court granted Ultimate's motions to dismiss the Labor Law § 200 and common-law negligence claims against it, finding the accident arose from the method of work and Ultimate lacked supervisory control. Additionally, Ultimate's cross-claim for common-law indemnification against J.G. Fortin Drywall, Inc. was granted, and the lower court's sua sponte dismissal of Ultimate's cross-claims was reversed.

Personal injuryConstruction accidentLabor Law § 240(1)Labor Law § 200Common-law negligenceIndemnificationContributionWorkers' Compensation Law § 11Summary judgmentAppellate Division
References
50
Case No. 2025 NYSlipOp 06805
Regular Panel Decision
Dec 09, 2025

Bordonaro v. E.C. Provini Co., Inc.

Plaintiff Steven Bordonaro, a carpenter for CBI Drywall, was injured unloading a 1000-pound cabinet from a truck with a pallet jack, falling four feet from a liftgate. He filed claims under Labor Law §§ 240(1), 241(6), 200, and common-law negligence. The Appellate Division modified the Supreme Court's orders, dismissing Labor Law § 241(6) and common-law negligence claims against most defendants. However, triable issues remained for E.C. Provini Co. under Labor Law § 200 regarding its failure to provide a forklift. Conditional contractual indemnification was granted to non-owner defendants from CBI Drywall, and contractual indemnification claims against CBI were reinstated for certain other defendants. Common-law indemnification and contribution claims against CBI were dismissed due to workers' compensation and absence of grave injury.

Labor LawSafe Place to WorkPallet JackFour-foot FallIndustrial Code ViolationContractual IndemnificationSummary JudgmentWorkers' Compensation BenefitsGrave InjuryThird-Party Claim
References
9
Case No. ADJ285115 (STK 0203659)
Regular
May 17, 2010

ARTEMIO GONZALEZ vs. RANGEL DRYWALL, INC., STATE COMPENSATION INSURANCE FUND

The applicant sustained an admitted industrial injury to his left lower extremity, specifically a fractured ankle requiring surgery. The defendant sought reconsideration of the WCJ's award of 30% permanent disability, arguing the panel QME's reports lacked specific measurements and explanations required by the AMA Guides. The Appeals Board affirmed the WCJ's decision, finding the QME's deposition testimony, which provided detailed explanations and measurements, constituted substantial evidence. The Board clarified that while AMA Guides sections must be followed, physicians can use their clinical judgment and specific tables within the Guides as long as the basis is explained.

Workers' Compensation Appeals BoardArtemio GonzalezRangel DrywallState Compensation Insurance FundPermanent DisabilityMedical TreatmentConstruction WorkerQualified Medical ExaminerAMA GuidesPermanent Impairment
References
2
Case No. ADJ7452303
Regular
Jun 10, 2013

EITHER RANGEL vs. PACIFIC GROUP USA, INC., FIRST COMP

This case involved an Applicant, Either Rangel, filing a Petition for Reconsideration with the Workers' Compensation Appeals Board. The Board dismissed the Petition as "skeletal," meaning it lacked sufficient detail and legal argument. Even if the Petition had been properly framed, the Board indicated it would have denied it on the merits based on the record. Consequently, the Petition for Reconsideration was formally dismissed.

Petition for ReconsiderationSkeletal PetitionDismissedWorkers' Compensation Appeals BoardAdministrative Law Judge ReportMeritsAppeals Board en bancFigueroa v. B.C. Doering Co.Cal.Comp.CasesADJ7452303
References
1
Case No. ADJ2194325
Regular
Sep 25, 2009

FRANCISCO NUNEZ vs. BRANQUINHO DRYWALL, INC., STATE COMPENSATION INSURANCE FUND

Defendant Branquinho Drywall, Inc. and State Compensation Insurance Fund sought reconsideration of a July 2, 2009 decision. The Workers' Compensation Appeals Board granted the petition due to statutory time constraints and a need for further study of factual and legal issues. This reconsideration is necessary to ensure a complete understanding of the record and allow for a just decision. All future communications must be directed to the Board's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBranquinho DrywallInc.State Compensation Insurance FundADJ2194325SAL 0111007Opinion and OrderStatutory Time ConstraintsFactual Issues
References
0
Case No. ADJ11066144
Regular
Feb 12, 2018

ELVIA ANGUIANO DE RANGEL vs. RUIZ FOOD, SAFETY NATIONAL INSURANCE COMPANY

This case concerns a workers' compensation claim for injuries sustained by Elvia Anguiano de Rangel while employed by Ruiz Food. The initial findings by the WCJ awarded injury to the right shoulder, neck, and low back, but the defendant sought reconsideration, arguing that prior medical reports should have res judicata effect and that current medical evidence is insufficient. The Appeals Board granted reconsideration, rescinded the initial findings, and returned the case to the trial level. This decision stems from the Board's determination that neither the applicant's treating physician's report nor the defendant's relied-upon QME report constituted substantial medical evidence, necessitating further development of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactQualified Medical EvaluatorPanel Qualified Medical EvaluatorRes JudicataCollateral EstoppelSubstantial Medical EvidenceCumulative TraumaAgreed Medical Examiner
References
1
Case No. ADJ3817494 (LAO 0863722)
Regular
Jun 21, 2017

CHRISTINE RANGEL vs. HONEYWELL INTERNATIONAL, INC, ZURICH NORTH AMERICA, MATRIX ABSENCE MANAGEMENT, INC

Applicant Rangel petitioned for reconsideration of a WCJ's award finding industrial injury and $63\%$ permanent disability, arguing she was permanently and totally disabled. Following a Commissioners' Settlement Conference, the parties executed a Compromise and Release agreement. The Board, after reviewing the agreement and the record, found it adequate and in the applicant's best interest, rescinded the prior award, and approved the Compromise and Release. This action included releasing any potential death benefit claims and approving the agreed-upon attorney's fees.

Workers' Compensation Appeals BoardChristine RangelHoneywell International IncZurich North AmericaMatrix Absence Management IncReconsiderationFindings and AwardCardiovascular system injuryPsyche injurySleep disorder
References
0
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