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

Case No. CA 10-01067
Regular Panel Decision
Apr 01, 2011

TIMMONS, JOSEPH v. BARRETT PAVING MATERIALS, INC.

Joseph Timmons sustained injuries while working on property owned by Barrett Paving Materials, Inc., leading to a lawsuit alleging Labor Law violations. Barrett Paving then initiated a third-party action against Timmons' employer, Schneider Brothers Corporation, and a separate action against Colony Insurance Company. The Supreme Court granted Barrett's motion for summary judgment, dismissing the Labor Law claims in Action No. 1, and denied Colony's motion in Action No. 2, declaring Barrett an additional insured. The Appellate Division affirmed the lower court's judgment, concluding that Labor Law §§ 240(1), 241(6), and 200 were inapplicable to the facts of the case. The court also affirmed Schneider's duty to defend Barrett and Colony's obligation to provide coverage to Barrett as an additional insured.

Labor LawSummary JudgmentAppellate DivisionWorkers' Compensation LawIndustrial Code RegulationsCommon-Law NegligenceContractual IndemnificationAdditional Insured EndorsementConstruction Site SafetyGravity-Related Accidents
References
23
Case No. MISSING
Regular Panel Decision

Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision
Dec 04, 1995

McKenney v. New York City Off-Track Betting Corp.

Dorothea McKenney, an employee of the New York City Off-Track Betting Corporation (OTB), sued OTB and Raymond Gibson for sexual harassment, gender discrimination, and retaliation under Title VII of the Civil Rights Act of 1964. Defendants moved for summary judgment, arguing that many claims were time-barred and that plaintiff lacked sufficient evidence. The court applied the continuing violations doctrine, finding that the plaintiff's evidence of sexual harassment and disparate treatment presented genuine issues of material fact. However, the retaliation claim was dismissed as the alleged transfer to another department was not deemed a materially adverse change in the terms and conditions of employment, thus failing to establish a prima facie case. The case was marked ready for trial for the remaining claims.

Title VIICivil Rights Act of 1964Sexual HarassmentGender DiscriminationRetaliationSummary JudgmentContinuing Violation DoctrineHostile Work EnvironmentDisparate TreatmentEmployment Law
References
10
Case No. MISSING
Regular Panel Decision

Matter of Campbell v. Interstate Materials Corporation

The claimant, an operating manager for Interstate Materials Corporation, suffered injuries to his neck, back, and knees in August 2006 and a second lower back injury in April 2008. A Workers' Compensation Law Judge initially classified the claimant with a permanent total disability and struck the independent medical examiner's report. The Workers' Compensation Board reversed this, finding the IME report improperly precluded due to the examiner's hospitalization and reclassified the claimant with a permanent partial disability, equally apportioned between the two accidents. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in considering the IME report and that substantial evidence supported both the permanent partial disability classification and the equal apportionment of the disability.

Permanent Partial DisabilityPermanent Total DisabilityWorkers' Compensation BoardApportionment of DisabilityMedical EvidenceIndependent Medical Examination (IME)Cross-Examination RightsAbuse of DiscretionSubstantial EvidenceConflicting Medical Opinions
References
12
Case No. MISSING
Regular Panel Decision

Clancey v. American Management Ass'n, Inc.

This age discrimination action involves plaintiffs alleging violations of the Age Discrimination in Employment Act (ADEA) and New York State statutes against defendant American Management Association (AMA). AMA moved for summary judgment, arguing that the plaintiffs were independent contractors, not employees, and thus not eligible for ADEA claims. The court, applying the 'economic realities' test consistent with Second Circuit precedent, found numerous disputed material facts regarding the plaintiffs' employment status. These facts included AMA's control over plaintiffs, their opportunity for profit or loss, the duration of their working relationship, and the integral nature of their work to AMA's business. Consequently, the court denied AMA's motion for summary judgment, determining that genuine issues of material fact exist concerning whether the plaintiffs were employees or independent contractors.

Age DiscriminationEmployment LawIndependent Contractor StatusSummary Judgment MotionEconomic Realities TestADEAFLSAWorker ClassificationControl TestSecond Circuit Precedent
References
7
Case No. MISSING
Regular Panel Decision

Peckham v. Peckham Materials Corp.

This case involves an appeal by the defendant, Peckham Materials Corporation, in a wrongful death action. The plaintiff's decedent, John S. Peckham, was killed in a helicopter crash while a passenger in a company-owned helicopter. The defendant appealed an order from the Supreme Court, Westchester County, which granted the plaintiff's motion for partial summary judgment, striking the affirmative defense of workers' compensation. The Appellate Division reversed the order, holding that the Workers' Compensation Board has primary jurisdiction to determine the applicability of compensation benefits. The matter was remitted to the Supreme Court with instructions to defer the motion's disposition until the Workers' Compensation Board makes a final determination regarding the plaintiff's eligibility for benefits.

Wrongful DeathWorkers' CompensationPrimary JurisdictionSummary JudgmentAppellate ReviewHelicopter AccidentEmployer LiabilityJudicial DeferenceRemittalEstate Claim
References
4
Case No. MISSING
Regular Panel Decision
Nov 02, 1981

Liberty Mutual Insurance v. Newman

Plaintiff insurer, Liberty Mutual Insurance Company, mistakenly paid $9,805.66 to defendant Ruth Newman, intended for an aggregate trust fund related to her deceased husband's workers' compensation benefits. After forwarding the correct payment to the fund, Liberty Mutual sought restitution from Newman, who refused. The Workers' Compensation Board declined to intervene, stating no recourse existed under the Workers' Compensation Law for the error. Special Term initially granted summary judgment to Liberty Mutual. On appeal, the judgment was modified, with the Appellate Division agreeing it was a mistake of fact, not an overpayment of benefits, thus affirming the denial of Newman's summary judgment motion. However, the case was remitted to Special Term for a hearing to determine if ordering full restitution would cause a detrimental change in Newman's position regarding her benefits, and clarified that interest and costs should not be awarded against her.

restitutionmistake of factworkers' compensationsummary judgmentunjust enrichmentdetrimental relianceequityinsurance carrieraggregate trust fundappellate review
References
19
Case No. ADJ8925091, ADJ6820644
Regular
Aug 29, 2017

ALFRED MCKNIGHT vs. CITY OF SANTA MONICA

The Workers' Compensation Appeals Board denied the applicant's petition for disqualification of the Workers' Compensation Judge (WCJ). The Board found that the petition lacked specific facts demonstrating bias, an unqualified opinion on the merits, or enmity, as required by statute. Furthermore, the Board denied the petition for a change of venue due to the applicant failing to provide sufficient reasons for the request. The WCJ's report, detailing these deficiencies, was adopted and incorporated into the Board's decision.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJLabor Code section 5311Code of Civil Procedure section 641biasprejudiceunqualified opinionfactual basisevidentiary basis
References
7
Case No. MISSING
Regular Panel Decision

World Trading Corp. v. Kolchin

The plaintiff sought to permanently enjoin the defendant from arbitrating disputes, arguing that the defendant union's change in affiliation from the American Federation of Labor to the Committee for Industrial Organization, along with a name change, altered its legal entity and invalidated their contract. The court disagreed, holding that a union's identity, structure, operation, constitution, by-laws, officers, and membership remain the same despite changes in affiliation and name. The court affirmed that such changes do not affect the union's rights or responsibilities under existing contracts. Therefore, the court found no basis to support the plaintiff's contention.

union affiliationarbitration disputeinjunctioncontract validityorganizational identitylabor lawname changelegal entitytrade unionsAmerican Federation of Labor
References
2
Case No. 531927
Regular Panel Decision
Dec 15, 2022

In the Matter of the Claim of Donnay Kingston

Claimant Donnay Kingston appeals two decisions by the Workers' Compensation Board concerning her claim for bilateral carpal tunnel syndrome, later amended to include DeQuervain's tenosynovitis. In 2014, a WCLJ awarded her a schedule loss of use (SLU) of both wrists, which the Board affirmed in 2016. In 2019, claimant's treating physician requested to reopen the claim due to an alleged material change in her medical condition. Both the WCLJ and the Board denied the reopening, concluding that while symptoms had worsened, this was anticipated and did not constitute a *material* change warranting reopening. The Appellate Division affirmed the Board's decisions, finding no abuse of discretion in denying the reopening or the application for reconsideration.

Workers' CompensationSchedule Loss of Use (SLU)Carpal Tunnel SyndromeDeQuervain's TenosynovitisMedical Condition ChangeClaim ReopeningAbuse of DiscretionAppellate ReviewTreating PhysicianMedical Evidence
References
7
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