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

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
24
Case No. ADJ7774631
Regular
Aug 16, 2019

IGNACIO GARCIA vs. TRINIDAD RODRIGUEZ dba RODRIGUEZ FARM LABOR CONTRACTOR, STATE COMPENSATION INSURANCE FUND, SERGIO RODRIGUEZ

This case involves a worker's compensation claim by Ignacio Garcia. The primary issue was whether Garcia was employed by Trinidad Rodriguez dba Rodriguez Farm Labor Contractor or Sergio Rodriguez. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the judge's finding that Trinidad Rodriguez was the employer. While the Board noted the applicant has the burden to prove employment, they found the evidence supported the conclusion that Garcia was employed by Trinidad Rodriguez.

Petition for ReconsiderationDenialEmployment StatusFarm Labor ContractorState Compensation Insurance FundGoing and Coming RuleBurden of ProofCredibility DeterminationsInsured EmployerUninsured Employer
References
1
Case No. MISSING
Regular Panel Decision

Rodriguez v. McClenning

Israel Rodriguez, an inmate at Green Haven Correctional Facility, sued corrections officer Daniel McClenning under 42 U.S.C. § 1983, alleging violations of his First, Eighth, and Fourteenth Amendment rights. Rodriguez claimed McClenning sexually assaulted him during a pat-frisk and retaliated against him for filing a grievance. McClenning moved for summary judgment, arguing the sexual assault claim lacked constitutional merit or was protected by qualified immunity, and that the retaliation claim lacked evidence of improper motive. The court denied McClenning's motion, concluding that sexual assault of an inmate by a prison officer violates contemporary Eighth Amendment standards and that qualified immunity does not apply to such conduct. Additionally, the court found sufficient circumstantial evidence of retaliatory motive regarding the misbehavior report to deny summary judgment on the retaliation claim.

Prisoner RightsEighth AmendmentCruel and Unusual PunishmentSexual AssaultQualified ImmunityFirst AmendmentFourteenth AmendmentRetaliationCorrectional FacilitySummary Judgment
References
54
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. 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. 2022 NY Slip Op 04316 [207 AD3d 489]
Regular Panel Decision
Jul 06, 2022

Rodriguez v. Waterfront Plaza, LLC

Deivy Leon Rodriguez, a laborer for Jara Services, LLC, sustained personal injuries on a construction site owned by Waterfront Plaza, LLC, and managed by general contractor ZNKO Construction, Inc. He fell into an unguarded 15-foot opening and was struck by an unsecured metal beam while hoisting it, subsequently filing a lawsuit alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted Rodriguez's motion for summary judgment on liability against Waterfront and denied Waterfront's cross-motion for contractual indemnification against ZNKO. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that Rodriguez demonstrated a prima facie case of a Labor Law § 240 (1) violation due to the lack of appropriate safety devices. Additionally, the Appellate Division upheld the denial of contractual indemnification, finding Waterfront failed to eliminate triable issues of fact regarding its own negligence; the cross-appeal by ZNKO was dismissed as abandoned.

Personal InjuryConstruction AccidentLabor Law § 240 (1)Summary JudgmentContractual IndemnificationFalling ObjectFall from HeightAppellate DivisionWorker SafetyPremises Liability
References
11
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. MISSING
Regular Panel Decision

Rodriguez v. JMB Architecture, LLC

The case involves Noe Rodriguez, an injured construction worker, who sued JMB Architecture, LLC, the construction manager, for negligence and Labor Law violations. Rodriguez sustained an eye injury while working on a private residence. Initially, the property owners were defendants, but they were later removed, and JMB became the sole defendant. The Supreme Court granted JMB's motion for summary judgment, dismissing the complaint. On appeal, the court affirmed the dismissal, ruling that JMB's role was merely general supervision and lacked the requisite control over the work to be held liable as an agent or general contractor under Labor Law §§ 200 and 241 (6).

construction injuryLabor Lawconstruction managerliabilitysummary judgmentappellate decisionworkplace safetyagencysupervisiongeneral contractor
References
14
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