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

Case No. MISSING
Regular Panel Decision

Dow Electric, Inc. v. International Brotherhood of Electrical Workers, Local Union No. 910

Plaintiff Dow Electric Inc. sought to vacate a Labor-Management Committee's award for violating collective bargaining agreements, while Defendant Local Union 910 IBEW counterclaimed for confirmation. The dispute centered on whether Dow Electric Inc. effectively terminated its collective bargaining authority with the Association before the 2000-2003 Collective Bargaining Agreement (CBA) came into effect. The Court found that Plaintiff's July 31, 1998, letters unequivocally terminated the Association’s collective bargaining authority, and subsequent correspondence did not retract this. Therefore, the 2000-2003 CBA did not bind Plaintiff, and the Committee lacked jurisdiction over grievances based on it. The Court granted Plaintiff's motion for summary judgment regarding the 2000-2003 CBA award, vacating the $991,629.89 award. However, the Court affirmed the Committee's $63,011.48 award for violations of the 1997-2000 CBA, ruling that disputes based on acts prior to an agreement's expiration can still be arbitrated, and the awards for interest, liquidated damages, and back pay were plausibly grounded in the CBA.

Collective Bargaining AgreementLabor LawUnionSummary JudgmentArbitrationContract TerminationMulti-Employer Bargaining UnitPre-hire AgreementGrievanceAudit
References
8
Case No. MISSING
Regular Panel Decision

Claim of Oppedisano v. Randall Electric, Inc.

Claimant, a journeyman electrician employed by Randall Electric, Inc., sought workers’ compensation benefits due to chemical and fume exposure. Randall Electric, Inc. argued for apportionment of liability, claiming Buckbee-Mears Cortland (BMC) was a special employer. The Workers’ Compensation Board ruled against a special employment relationship, designating Randall as the sole employer. Randall appealed this decision. The appellate court affirmed the Board's finding, concluding that there was substantial evidence that BMC did not assume control over the claimant's work, thus failing to establish a special employment relationship.

special employmentworkers' compensation benefitsemployer liabilityapportionment of liabilitycontrol testappellate reviewjourneyman electricianchemical exposureWorkers’ Compensation Board
References
3
Case No. MISSING
Regular Panel Decision
Apr 15, 1964

United Electrical, Radio & Machine Workers v. Star Expansion Industries, Inc.

This case concerns a motion for a preliminary injunction filed by the United Electrical, Radio and Machine Workers of America (UE) against Star Expansion Industries, Inc. and Local #1968, International Brotherhood of Electrical Workers (IBEW). UE, newly certified as the bargaining agent, sought to displace IBEW in an ongoing arbitration concerning the discharge of employee Albert E. Dinges, which IBEW had commenced under its prior collective bargaining agreement. The court denied the injunction, affirming the arbitrator's decision that IBEW, as the union that initiated the grievance under its contract, retained the right to conclude the arbitration despite its decertification and contract expiration. The ruling emphasized the contractual nature of arbitration and the federal policy promoting industrial peace by allowing established proceedings to continue.

Collective BargainingUnion RepresentationArbitrationInjunctive ReliefDecertificationGrievanceLabor DisputeContractual ObligationFederal PolicyIndustrial Peace
References
10
Case No. 2023 NY Slip Op 05661 [221 AD3d 429]
Regular Panel Decision
Nov 09, 2023

Keilitz v. Light Tower Fiber N.Y., Inc.

Christopher Keilitz, an electrician working for Hellman Electric Corp., was injured when a vacuum fell into a manhole and struck him during the installation of fiber optic cables. Keilitz sued Light Tower Fiber New York, Inc., Verizon New York, Inc., Verizon Communications, Inc., and Empire City Subway (ECS) under New York Labor Law. The Supreme Court initially denied Keilitz's motion for partial summary judgment on his Labor Law § 240 (1) and § 241 (6) claims and dismissed claims against the defendants. The Appellate Division, First Department, modified the Supreme Court's order, granting Keilitz partial summary judgment on his Labor Law § 240 (1) claim against ECS and Light Tower. The court determined that Keilitz's work constituted an 'altering' activity under the statute and that the falling vacuum presented an elevation-related risk, rendering other related claims moot.

Labor Law § 240(1)Summary JudgmentFalling ObjectElevation-Related RiskManhole AccidentFiber Optic InstallationAlteration WorkAppellate DivisionThird-Party ClaimContractual Indemnification
References
9
Case No. MISSING
Regular Panel Decision
Jun 27, 2002

Goad v. Southern Electric International, Inc.

This case involves cross appeals from an order concerning Dennis Goad, a pipefitter injured in a fall at a steam cogeneration facility operated by Southern Electric International, Inc. Goad and his wife sued SEI and the facility owners, alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). An earlier appeal dismissed the Labor Law § 240 (1) claim. The Supreme Court partially granted defendants' motion, dismissing the Labor Law § 241 (6) claim, finding the statute inapplicable to routine maintenance work. The appellate court affirmed this dismissal, concluding that replacing a main steam valve constituted maintenance, not construction, excavation, or demolition. However, the appellate court found that triable issues of fact existed regarding defendants' negligence under Labor Law § 200 and common-law negligence, specifically concerning a prior improper weld on a hand railing that collapsed, thus denying defendants' motion to dismiss these remaining claims.

Workers' CompensationConstruction AccidentFall from HeightSummary JudgmentLabor Law §200Labor Law §241(6)Common-law NegligenceRoutine MaintenanceAppellate ReviewPremises Liability
References
8
Case No. MISSING
Regular Panel Decision

Peterec-Tolino v. Commercial Electrical Contractors, Inc.

The claimant, an apprentice employed by Commercial Electrical Contractors, Inc., was terminated after allegedly threatening a project superintendent. He subsequently filed for workers' compensation benefits, citing a neck and back injury sustained prior to his termination. The claim proceeded under an Alternate Dispute Resolution program, where an arbitrator ultimately disallowed it, concluding it was an afterthought following the claimant's termination. The claimant appealed this decision. The appellate court affirmed the arbitrator's ruling, emphasizing that arbitration awards should only be vacated in limited circumstances such as fraud, corruption, misconduct, or if the award is irrational or exceeds the arbitrator's power. The court found the arbitrator's determination rational and supported by testimony, dismissing the claimant's allegations of fraudulent testimony and arbitrator misconduct as credibility issues appropriately resolved by the arbitrator.

Arbitration AwardCredibility DisputeCompensable InjuryAppellate ReviewFraud AllegationMisconduct AllegationAlternate Dispute ResolutionNeck InjuryBack InjuryEmployer Termination
References
6
Case No. MISSING
Regular Panel Decision
Feb 06, 2003

Petrillo v. Durr Mechanical Construction, Inc.

This case concerns an order from the Supreme Court, New York County, which was unanimously affirmed by an appellate panel. The order granted summary judgment to third-party defendants Proven Electrical Contracting Co. and Barrier Electrical Contracting, Inc., leading to the dismissal of the third-party complaint filed by Durr. The court determined that Durr's claims for contribution and common-law indemnification against Proven, the plaintiff's employer, were barred by Workers’ Compensation Law § 11 because the plaintiff's injuries were not considered "grave." Additionally, Durr failed to demonstrate the existence of contracts requiring indemnification or insurance procurement from Proven. Barrier was also granted summary judgment after establishing it was not present at the job site during the accident and had no relevant contractual obligations to Durr. Durr's speculative request for further discovery was rejected as insufficient grounds to deny summary judgment.

Summary JudgmentThird-Party ComplaintWorkers' Compensation LawContributionCommon-Law IndemnificationContractual IndemnificationInsurance ProcurementGrave InjuryEmployer LiabilityAppellate Division
References
2
Case No. MISSING
Regular Panel Decision
Jul 29, 1997

Capalbo v. Lederle Laboratories, Inc.

All Bright Electric appealed an order concerning a personal injury action. The plaintiff, an employee of All Bright Electric, was injured after falling from a ladder while drilling, leading to claims under common-law negligence. The plaintiff later sought to amend the complaint to include Labor Law § 240 (1). The appellate court denied the plaintiff's motion to amend the complaint, citing unexcused delay and lack of merit. Consequently, with the common-law negligence claim already dismissed, no viable causes of action remained against Lederle Laboratories, Inc., and Lederle's third-party complaint against All Bright for common-law and contractual indemnification was dismissed. However, the court upheld the denial of All Bright's motion to dismiss Hilti Company, Inc.'s cross-claim, citing unresolved issues of fact.

Personal InjuryLabor LawSummary JudgmentContributionIndemnificationAmended ComplaintAppellate ReviewWorkers' Compensation LawDrill AccidentLadder Fall
References
10
Case No. MISSING
Regular Panel Decision

Control Network Communications, Inc. v. International Brotherhood of Electrical Workers

Plaintiff Control Network Communications, Inc. (CNC) initiated an action against defendant International Brotherhood of Electrical Workers, Local Union No. 236, alleging breach of contract and fraud under the Labor Management Relations Act (LMRA). CNC contended that Local 236 violated a 'most favored nations' clause in their collective bargaining agreement by offering more favorable terms to another employer, Adirondack Cabling. CNC's grievance was ultimately denied by the Labor Management Committee (LMC). The court granted Local 236's motion to dismiss, finding the LMC's decision on the breach of contract claim to be final and binding due to CNC's failure to timely petition for vacation. Additionally, the court ruled that CNC's fraud claim was preempted by the LMRA, as its resolution required interpretation of the collective bargaining agreement.

Breach of contractFraud claimLabor Management Relations Act (LMRA)Most favored nations clauseCollective bargaining agreement (CBA)Grievance procedureMotion to dismissFederal preemptionLabor Management Committee (LMC)Final and binding determination
References
20
Case No. CV-23-0458
Regular Panel Decision
Oct 10, 2024

Matter of Lujan-Espinzo v. Electrical Illuminations by Arnold Inc.

This case involves an appeal by Electrical Illuminations By Arnold Inc. and its workers' compensation carrier from decisions of the Workers' Compensation Board. The claimant, Jose Lujan-Espinzo, suffered serious injuries after falling from a ladder while severely intoxicated. The carrier argued the accident was solely caused by intoxication, seeking disallowance under Workers' Compensation Law § 10 (1). The WCLJ initially disallowed the claim due to false testimony, but the Board modified this, finding intoxication was not the sole cause and restoring the matter for further determinations. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the Board's determination that the carrier failed to rebut the presumption of compensability, as other factors could have contributed to the fall.

Intoxication DefenseSole Cause of AccidentPresumption of CompensabilityLadder AccidentEmployment InjuryBoard Decision ReviewClaimant CredibilityAppellate AffirmationContributory NegligenceEmployer Responsibility
References
8
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