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

Case No. ADJ8580497
Regular
Oct 24, 2014

Anthony Broussard, Chenequa Phelps, William Ortiz vs. Neighborhood House Association; Zenith Insurance Company, Grossmont Family Medical Group; Zenith Insurance Company, Steigerwald Dougherty, Inc.; Zenith Insurance Company

In three consolidated workers' compensation cases, the Appeals Board rescinded its prior consolidation order and imposed $1,000 in sanctions against lien claimant ARS Legal and its representative. The Board found that ARS Legal improperly attempted to compel claims adjusters' appearances via notice, misinterpreting Code of Civil Procedure section 1987(b). The Board rejected ARS Legal's arguments regarding procedural ignorance and good faith, affirming that the representative's duty included understanding proper legal procedures.

Workers' Compensation Appeals BoardZenith Insurance CompanyARS LegalPetition for ReconsiderationOrder Quashing Notice to AppearClaims AdjusterSubpoenaWCJLabor Code Section 5813WCAB Rule 10561
References
9
Case No. MISSING
Regular Panel Decision

Buckley v. Consolidated Edison Company of New York, Inc.

Dan Buckley, a former management employee, sued Consolidated Edison Company of New York, Inc. for violations of the Americans with Disabilities Act (ADA) and New York State Executive Law § 296, alleging discrimination based on his disability as a rehabilitated alcohol/substance abuser and termination due to his inability to provide a urine sample for drug testing. The court had previously dismissed his complaint but allowed him to replead, finding he adequately alleged disability but not discrimination based on it. In his amended complaint, Buckley conceded his bladder condition, which prevented him from urinating on command, was not an ADA disability but argued Con Edison's drug testing procedures were unreasonable. The court granted Con Edison's motion to dismiss, concluding that failure to accommodate a non-disability does not constitute an ADA violation, and Buckley failed to allege that his actual disability (alcohol/substance abuse) was not reasonably accommodated.

Americans with Disabilities ActDisability DiscriminationDrug TestingReasonable AccommodationAlcohol AbuseSubstance AbuseTermination of EmploymentMotion to DismissFederal Rules of Civil Procedure Rule 12New York State Executive Law
References
3
Case No. MISSING
Regular Panel Decision

Black v. Consolidated Freightways Corp. of Delaware

This negligence action involves plaintiff James Black, a forklift operator, who sustained injuries after falling through a hole in a trailer owned by Consolidated Freightways Corporation of Delaware and leased to Freeman Decorating Company. Consolidated moved for summary judgment, arguing it lacked actual or constructive knowledge of the defect. The court first addressed Black's argument for vicarious liability under New York Vehicle and Traffic Law § 388, which was rejected because the claim against Freeman was barred by the Workers' Compensation Law, thus leaving nothing to impute. The court then examined Black's direct negligence claims against Consolidated, including constructive notice of the hole, negligent inspection, and inadequate lighting in the trailer. The court found Black's evidence insufficient to establish constructive notice, dismissed the negligent inspection claim due to lack of substantiation, and rejected the inadequate lighting claim as not being a substantial cause of the injuries given the forklift's headlights. Consequently, Consolidated's motion for summary judgment was granted.

Negligence actionSummary judgmentTrailer defectHole in floorWorkers' Compensation LawVehicle and Traffic Law § 388Constructive noticeNegligent inspectionInadequate lightingVicarious liability
References
23
Case No. MISSING
Regular Panel Decision

Consolidated Laundries Corp. v. Craft

This case involves Consolidated Laundries Corp., the petitioner, and its former employee, Craft, the respondent. Consolidated sought to enforce a restrictive covenant agreement against Craft, which prohibited him from serving former customers or engaging in the laundry business within his former route for one year after termination. Both parties were subject to collective bargaining agreements with the Amalgamated Laundry Workers Joint Board and Amalgamated Clothing Workers of America. Consolidated initiated arbitration, which Craft challenged on jurisdictional grounds. The case was subsequently removed to federal court. The court examined whether it had jurisdiction under Section 301 of the Labor Management Relations Act or 28 U.S.C. § 1337. The court concluded that Section 301 did not apply because the dispute concerned uniquely personal rights, an individual could not invoke Section 301, and a motion to stay arbitration was not a suit for contract violation under the act. Furthermore, jurisdiction under 28 U.S.C. § 1337 was denied as the claim did not directly arise under an act regulating commerce like the National Labor Relations Act. Consequently, the motions to remand the proceedings to the New York Supreme Court were granted due to lack of federal jurisdiction.

Labor LawArbitrationRestrictive CovenantEmployment ContractFederal JurisdictionLabor Management Relations ActNational Labor Relations ActCollective Bargaining AgreementRemandDistrict Court
References
33
Case No. 87 Civ. 4277 (TPG), 87 Civ. 4572 (RWS), 87 Civ. 4279 (RWS), 87 Civ. 4307 (LBS), 87 Civ. 4457 (LLS)
Regular Panel Decision
Apr 11, 1989

Drago v. Celotex Corp.

This case addresses defendant Celotex Corporation's motion to sever four of five consolidated asbestos-related cases for trial in the Southern District of New York. The five plaintiffs, Rudolph Perich, Gerald Drago, James Oefelein, Conrad Kessler, and Harold Paskett, claim personal injuries or wrongful death due to asbestos exposure from Celotex products. The court, presided over by Judge Sweet, denied the motion, upholding the consolidation under Rule 42(a) of the Federal Rules of Civil Procedure. The decision weighed the efficiency of consolidation against potential prejudice, finding common issues of law and fact despite variations in plaintiffs' work sites and medical conditions. The court highlighted the shared counsel and the relatively small number of consolidated claims as factors favoring joint trial.

Asbestos LitigationCivil ProcedureRule 42(a) FRCPConsolidation of ActionsSeverance of ActionsPersonal InjuryWrongful DeathProduct LiabilityFederal District CourtAsbestosis
References
20
Case No. Action No. 1 and Action No. 2 Consolidated
Regular Panel Decision

Government Employees Insurance v. Uniroyal Goodrich Tire Co.

This case involves appeals concerning the consolidation and venue of two actions arising from a fatal car accident in Broome County. Plaintiff Paul Schiffman, executor of the deceased Helds' estates, and plaintiff Government Employees Insurance Company (GEICO), the Helds' insurer, initiated separate actions against defendant Uniroyal Goodrich Tire Company in Monroe County. Uniroyal moved to consolidate the actions and change venue to Broome County, citing witness inconvenience. The Supreme Court denied Uniroyal's motion regarding venue. The appellate court found special circumstances warranted deviation from the general venue rules, reversing the lower court's decision and setting venue for the consolidated actions in Broome County. An appeal from a motion for reconsideration was dismissed.

Venue ChangeConsolidationProducts LiabilityNegligenceWrongful DeathFatal AccidentWitness InconvenienceAppellate ReviewDiscretionary AbuseBroome County Venue
References
7
Case No. 2019 NY Slip Op 00112 [168 AD3d 717]
Regular Panel Decision
Jan 09, 2019

Moscati v. Consolidated Edison Co. of N.Y., Inc.

The Appellate Division, Second Department, reviewed a personal injury case involving Michael Moscati, an excavator operator injured on a Consolidated Edison work site. Moscati's excavator slid into a creek while removing timber, leading to claims of common-law negligence and violations of Labor Law §§ 200 and 241 (6), citing various Industrial Code provisions. The Supreme Court initially granted Consolidated Edison's motion for summary judgment, dismissing these claims. However, the Appellate Division reversed this decision, concluding that Consolidated Edison failed to establish a prima facie case for summary judgment. Specifically, Con Ed did not demonstrate a lack of notice regarding dangerous premises conditions or an absence of authority to supervise the work.

Construction accidentLabor Law 200Labor Law 241(6)Industrial Code violationsExcavator accidentSummary judgmentPrima facie caseDangerous premises conditionSupervision and controlAppellate Division
References
30
Case No. MISSING
Regular Panel Decision
Nov 19, 2015

Schwarz v. Consolidated Edison, Inc.

Plaintiff, an ex-police officer with a 2002 perjury conviction related to the Abner Louima case, was hired by Consolidated Edison Company of New York, Inc. (ConEd) in November 2014 as a mechanic. He was terminated approximately two weeks later, with ConEd citing "potential disruption of business operations" and "damage to the Company’s reputation" due to his notoriety. Plaintiff sued ConEd, alleging unlawful employment discrimination based on his criminal conviction history under the New York State Human Rights Law and New York City Human Rights Law, incorporating Correction Law article 23-A. ConEd moved to dismiss the complaint, arguing it terminated him due to business disruption and reputational risk stemming from his notoriety, not the conviction itself. The court granted ConEd's motion to dismiss, ruling that article 23-A protects against discrimination based on actual convictions, not reputation or notoriety, and that vacated convictions are not legally cognizable "convictions" under the law.

Employment DiscriminationCriminal Conviction HistoryPerjury ConvictionWrongful TerminationHuman Rights LawCorrection Law Article 23-AReputational HarmNotorietyVacated ConvictionsMotion to Dismiss
References
24
Case No. 156 AD3d 1064
Regular Panel Decision
Dec 14, 2017

Claim of Pontillo v. Consolidated Edison of New York, Inc.

Claimant Robert Pontillo established a claim for pulmonary fibrosis and lung cancer due to asbestos exposure while working for Consolidated Edison of New York, Inc. After voluntarily retiring, claimant sought wage replacement benefits, asserting he had reattached to the labor market. The Workers' Compensation Board affirmed an award of benefits, prompting Consolidated Edison and its claims administrator to appeal. The Appellate Division found that the Board failed to address the employer's argument regarding the claimant's burden to prove a causal link between his disability and his inability to find work. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings consistent with its decision.

Workers' CompensationAsbestos ExposurePulmonary DiseaseOccupational DiseaseWage BenefitsLabor Market ReattachmentVoluntary RetirementEarning CapacityCausationBoard Decision
References
4
Case No. MISSING
Regular Panel Decision

Trapani v. Consolidated Edison Employees' Mutual Aid Society, Inc.

This case addresses claims under the Employee Retirement Income Security Act (ERISA) against Consolidated Edison Employees’ Mutual Aid Society, Inc. (Mutual Aid) and its administrative officer, Paul R. Westerkamp. Plaintiffs, Consolidated Edison employees represented by Local 3, seek an equitable share of Mutual Aid's assets and a special emergency loan fund after their membership ceased in 1983. Building on an earlier decision, the court found that defendants retained benefit assets attributable to Local 3 for the benefit of Local 1-2, violating ERISA. The court also determined that Mr. Westerkamp breached his fiduciary duty by mismanaging assets and participating in a settlement detrimental to Local 3. Consequently, Mr. Westerkamp is barred from administering the Staten Island Relief Fund, and the parties are directed to propose methods for equitable asset distribution.

ERISAEmployee Welfare Benefit PlanFiduciary Duty BreachAsset MismanagementEquitable DistributionUnion BenefitsConsolidated EdisonMutual Aid SocietyPaul R. WesterkampLocal 3 IBEW
References
21
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