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

Case No. 193 AD3d 1190
Regular Panel Decision
Apr 08, 2021

Matter of Rodriguez (Penn Mut. Life Ins. Co.--Commissioner of Labor)

Claimant Rudy A. Rodriguez, an insurance broker, entered into an agreement with Penn Mutual Life Insurance Company, which was later terminated. Rodriguez subsequently filed for unemployment benefits. Initially, an Administrative Law Judge (ALJ) deemed him ineligible as an independent contractor, but the Unemployment Insurance Appeal Board reversed this decision, finding Rodriguez to be an employee and thus eligible for benefits. Penn Mutual appealed the Board's determination, challenging the finding of an employer-employee relationship and the application of Labor Law § 511 (21). The Appellate Division, Third Department, affirmed the Board's decisions, concluding that substantial evidence supported the finding of an employment relationship, citing Penn Mutual's control over Rodriguez, including sales territory assignment, price setting, provision of office space, and mandatory training and advertising approval. The court also upheld the Board's finding that its decision applied to all similarly situated individuals.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorInsurance AgentAppellate ReviewSubstantial EvidenceControl TestLabor LawUnemployment Insurance Appeal BoardJudicial Review
References
13
Case No. 535055
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Manual Rodriguez

Claimant Manuel Rodriguez appealed a decision by the Workers' Compensation Board disqualifying him from future wage replacement benefits due to fraud. Rodriguez, a truck driver with an established claim for injuries, repeatedly denied working while receiving disability benefits. He later admitted to being an elected constable in Pennsylvania but minimized his activities. The WCLJ found a violation of Workers' Compensation Law § 114-a (1) and imposed mandatory and discretionary penalties. The Board upheld the discretionary penalty of permanent disqualification, finding Rodriguez's deception egregious and supported by the record, as he falsely testified at multiple hearings and minimized his constable duties. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in the permanent disqualification.

FraudWorkers' Compensation Law § 114-aWage Replacement BenefitsPermanent DisqualificationUntimely AppealAppellate ReviewAbuse of DiscretionEvasive TestimonyMisrepresentation of Work ActivityNew York Supreme Court
References
14
Case No. 2023 NY Slip Op 00909 [213 AD3d 1118]
Regular Panel Decision
Feb 16, 2023

Matter of Rodriguez v. American Bridge Co.

Manuel Rodriguez, a truck driver, appealed a Workers' Compensation Board decision disqualifying him from future wage replacement benefits due to fraud. Rodriguez had an established claim for injuries from an October 2018 accident and received disability awards. He repeatedly denied working or volunteering at hearings but was later found to be an elected constable in Pennsylvania. The Workers' Compensation Law Judge (WCLJ) imposed mandatory and discretionary penalties. The Board upheld the discretionary penalty, finding his deception egregious and that his application for review of the WCLJ's initial finding of fraud was untimely. The Appellate Division affirmed the Board's decision, concluding that the Board did not abuse its discretion in declining to review the untimely application and that the permanent disqualification was proportionate to the claimant's protracted deception.

fraudworkers' compensationwage replacement benefitsdiscretionary penaltymandatory penaltyuntimely applicationinterlocutory decisionabuse of discretionegregious deceptionappellate review
References
14
Case No. 2023 NY Slip Op 06763 [222 AD3d 1013]
Regular Panel Decision
Dec 27, 2023

Rodriguez v. 27-11 49th Ave. Realty, LLC

The plaintiff, Tomas Rodriguez, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendant Mana Products, Inc., dismissing the complaint against it. Rodriguez had sued 27-11 49th Avenue Realty, LLC, and Mana after a slip and fall in a factory. The defendants argued that the complaint against Mana was barred by the exclusivity provisions of the Workers' Compensation Law, claiming Rodriguez was Mana's special employee. The Appellate Division affirmed the lower court's decision, finding that the defendants established a prima facie case for summary judgment based on Rodriguez's deposition testimony, indicating Mana controlled his work details, thus establishing a special employment relationship as a matter of law.

Special Employee DoctrineWorkers' Compensation ExclusivitySummary Judgment GrantPersonal Injury ClaimAppellate Division Second DepartmentControl over WorkEmployer LiabilityPlaintiff's AppealDefendant's MotionSlip and Fall Accident
References
5
Case No. MISSING
Regular Panel Decision
Aug 07, 1997

Rodriguez v. Hanslmaier

Andres Rodriguez filed a petition for a writ of habeas corpus, alleging ineffective assistance of appellate counsel for failing to challenge his guilty plea. Magistrate Judge Andrew J. Peck issued a report recommending denial of the petition. The District Court, presided over by Judge John E. Sprizzo, adopted this report and recommendation. The court found that appellate counsel's strategy to challenge only the excessive sentence, rather than the guilty plea, was reasonable given the petitioner's prior agreement and the potential risk of a murder trial with a life sentence if the plea was vacated. The court also noted that the trial judge's decision on the plea's voluntariness and counsel's effectiveness was based on in-court observations and credibility assessments, making an appeal unlikely to succeed. Consequently, Rodriguez's petition was denied with prejudice.

Habeas CorpusIneffective Assistance of CounselAppellate Counsel StrategyGuilty Plea ValidityExcessive Sentence ClaimMental CompetencyMalingering DefenseSixth AmendmentCriminal AppealFederal District Court
References
21
Case No. 2025 NY Slip Op 00411 [234 AD3d 623]
Regular Panel Decision
Jan 28, 2025

Rodriguez v. Riverside Ctr. Site 5 Owner LLC

Richard Rodriguez, a delivery truck driver, sustained injuries after falling into a hole at a construction site. The Supreme Court initially granted summary judgment to defendants Riverside Center Site 5 Owner LLC, Tishman Construction Corporation, and Five Star Electric Corp., dismissing Rodriguez's Labor Law claims. Upon appeal, the Appellate Division, First Department, modified the lower court's decision. The court reinstated Rodriguez's Labor Law § 240 (1) claim, granting him partial summary judgment on liability, reasoning that his tile delivery work was "necessary and incidental" to a protected activity under the statute. However, the dismissal of the Labor Law § 200 claim against Five Star Electric Corp. was affirmed, as Five Star, an electrical contractor, was deemed not a proper Labor Law defendant with supervisory control over the injury site.

Labor LawConstruction AccidentSummary JudgmentAppellate ReviewStatutory InterpretationPersonal InjuryDuty of CareWorker SafetyProtected ActivityThird-Party Action
References
9
Case No. 2024 NY Slip Op 06315 [233 AD3d 555]
Regular Panel Decision
Dec 17, 2024

Rodriguez v. Manhattan Restoration LLC

This case concerns an appeal where the plaintiff, Francisco Rodriguez, alleged negligent hiring, supervision, and retention against Manhattan Restoration LLC, a general contractor. Rodriguez was attacked by an employee of TMF Construction LLC, a subcontractor hired by Manhattan Restoration. The Supreme Court granted summary judgment dismissing the complaint against Manhattan Restoration. The Appellate Division, First Department, affirmed this decision, finding no vicarious liability as the assailant worked for the subcontractor, not Manhattan Restoration. The court also determined that Manhattan Restoration did not own the property, exercised only general supervisory authority, and lacked knowledge of the assailant's violent propensities. Furthermore, the argument regarding the absence of a safety manager was deemed speculative.

negligent hiringnegligent supervisionnegligent retentionvicarious liabilityrespondeat superiorconstruction projectsubcontractorgeneral contractorsummary judgmentduty to keep premises safe
References
5
Case No. ADJ10393358
Regular
Sep 30, 2019

JOSE LUIS RODRIGUEZ vs. JB WHOLESALE ROOFING, SAMSUNG FIRE AND MARINE INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The Board rescinded the July 12, 2019 decision and substituted new Findings of Fact. Applicant Jose Luis Rodriguez sustained injury to his lumbar spine while employed as a roofer and in other capacities by JB Wholesale Roofing. Samsung Fire and Marine Insurance Company was the carrier at the time of injury, and injury to the neck was not found, with further issues deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportSupplemental PleadingFindings of FactLumbar Spine InjuryRooferDriverDispatcherSales Representative
References
0
Case No. 2021 NY Slip Op 01436 [192 AD3d 839]
Regular Panel Decision
Mar 10, 2021

Rodriguez v. HY 38 Owner, LLC

Plaintiff Herman Rodriguez was injured at a construction site owned by HY 38 Owner, LLC, where Monadnock Construction, Inc. was the construction manager. The accident occurred while repairing a plywood gate, when another part of the gate was blown shut by wind, striking him. Rodriguez sued, alleging violations of Labor Law § 200 and common-law negligence. The Supreme Court, Kings County, granted summary judgment to HY 38 Owner, LLC, and Monadnock Construction, Inc., dismissing these claims. The Appellate Division, Second Department, reversed this decision, finding that the defendants failed to prima facie establish entitlement to judgment as a matter of law because they did not adequately address the premises liability theory of the plaintiff's case. Therefore, the Supreme Court should have denied that branch of their motion.

Construction AccidentPersonal InjuryLabor Law § 200Common-Law NegligencePremises LiabilitySummary Judgment MotionAppellate DivisionDangerous ConditionWork Site SafetyContractor Liability
References
15
Case No. 2017 NY Slip Op 05988
Regular Panel Decision
Aug 02, 2017

Rodriguez v. Mendlovits

Vinicio Rodriguez, an employee of All Care Contracting Corp., suffered injuries after falling from a ladder while performing stucco work at a two-family home owned by Malka E. Mendlovits and contracted by Joel Mendlovits. Rodriguez sued the Mendlovitses, alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The Mendlovitses moved for summary judgment, citing the homeowner's exemption and lack of supervision, while Rodriguez cross-moved for summary judgment on liability under Labor Law §§ 240(1) and 241(6). The Supreme Court denied both motions. The Appellate Division reversed the denial of the Mendlovitses' motion, granting them summary judgment and dismissing the complaint and cross-claims against them, and affirmed the denial of Rodriguez's cross-motion.

Homeowner's ExemptionLabor LawSummary JudgmentAppellate DivisionSupervisory ControlPersonal InjuryConstruction AccidentLadder FallTwo-family DwellingContractor Liability
References
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