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

Case No. 2023 NY Slip Op 01392 [214 AD3d 1332]
Regular Panel Decision
Mar 17, 2023

Matter of Niagara Falls Captains & Lieutenants Assn. (City of Niagara Falls)

The Niagara Falls Captains and Lieutenants Association, as petitioner, appealed an order from the Supreme Court, Niagara County, which denied their petition to vacate an arbitration award. The arbitration award had previously denied the association's grievances against the City of Niagara Falls. The petitioner contended that the award should be vacated because it failed to meet the standards of finality and definiteness required by CPLR 7511 (b) (1) (iii). The Appellate Division, Fourth Department, affirmed the lower court's order, emphasizing the extremely limited judicial review of arbitration awards. The court found that the award sufficiently defined the parties' rights and obligations regarding the alleged violation of their collective bargaining agreement or past practice concerning the filling of six vacancies by the City. Ultimately, the court concluded that the award was definite and final, resolving the submitted controversy without creating new ambiguities.

Arbitration AwardVacate AwardFinalityDefinitenessCPLR 7511Collective Bargaining AgreementGrievancesJudicial ReviewAppellate DivisionPublic Sector Employment
References
9
Case No. MISSING
Regular Panel Decision

Jamindar v. Uniondale Union Free School District

A plaintiff sustained personal injuries after falling from a scissor lift at a school construction site while performing duct work demolition. The plaintiff initiated an action alleging violations of Labor Law sections 200, 240 (1), and 241 (6), alongside common-law negligence, against multiple parties including Northgate Electrical (scissor lift owner), Herrick's Mechanical Corporation (employer), Uniondale Union Free School District and Uniondale High School (property owners), Irwin Contracting, and Conor Construction Consultants (other contractors). This appellate decision reviewed several Supreme Court rulings on motions for summary judgment and cross-claims for indemnification and contribution. The court found errors in the Supreme Court's prior denials and consequently granted the plaintiff's motion for summary judgment against the property owner under Labor Law § 240 (1). Additionally, the appellate court determined that various cross-motions for summary judgment and conditional summary judgment for indemnification should have been granted in favor of Herrick's, Irwin, Conor, Northgate, and the Uniondale entities against other involved parties, thereby clarifying the liabilities.

Labor Law ViolationScissor Lift AccidentPersonal Injury ClaimSummary Judgment MotionCommon-Law IndemnificationContractual IndemnificationConstruction Site AccidentProperty Owner ResponsibilityGeneral Contractor LiabilityEmployer Negligence
References
20
Case No. 03-07-00576-CV
Regular Panel Decision
Nov 14, 2008

MARBLE FALLS INDEPEN. SCHOOL DIST. v. Scott

Marble Falls Independent School District (ISD) appealed a decision by the Commissioner of Education, which granted a petition from a group of parents (the Keels) to detach their land from Marble Falls ISD and annex it to Lake Travis ISD. Marble Falls ISD filed suit in district court seeking judicial review before the Commissioner had ruled on its motion for rehearing, leading the trial court to dismiss the case for lack of jurisdiction due to the failure to exhaust administrative remedies. The Court of Appeals of Texas, Austin, affirmed the trial court's dismissal, holding that the Administrative Procedure Act (APA) governs such detachment/annexation proceedings. The court emphasized that exhausting administrative remedies, including awaiting a final decision on a motion for rehearing, is a non-waivable jurisdictional prerequisite to seeking judicial review, and that this defect could not be cured by abatement or ripeness arguments.

Administrative LawExhaustion of RemediesSubject Matter JurisdictionJudicial ReviewEducation CodeSchool DistrictsDetachment/AnnexationAPATexas LawCourt of Appeals
References
22
Case No. MISSING
Regular Panel Decision

Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A A-1 Rent All

Garry Rollins, a maintenance technician at Texas College, was injured in October 2013 after falling from a scissor lift. He and Carla Rollins (the Rollinses) sued Texas College, a nonsubscriber to worker's compensation, for negligence, and MPF Investments, LLC d/b/a "A-1 Rent All" (from whom one of the lifts was rented) for negligence and negligent entrustment. The trial court granted summary judgments for Texas College and MPF, striking a letter from Dr. Barnett (Garry's physician) as inadmissible hearsay. On appeal, the Rollinses challenged the striking of evidence and the granting of summary judgments. The appellate court affirmed the trial court's decision, finding the doctor's letter inadmissible and that the Rollinses provided no evidence of causation for Texas College or that Garry fell from MPF's lift. The motion to reopen evidence was also denied because the evidence was not new or diligently sought.

Summary JudgmentNegligencePersonal InjuryMedical EvidenceHearsayCausationExpert TestimonyPreexisting ConditionAppellate ReviewAbuse of Discretion
References
23
Case No. 2017 NY Slip Op 02075
Regular Panel Decision
Mar 22, 2017

Romero v. 2200 Northern Steel, LLC

The plaintiff, Florentin Romero, commenced an action against 2200 Northern Steel, LLC, seeking damages for personal injuries sustained from a fall off a scissor lift while performing demolition work. He alleged violations of Labor Law §§ 200, 240 (1), and 241 (6), along with common-law negligence. The Supreme Court initially granted Romero's motion for summary judgment on the Labor Law § 240 (1) claim, asserting that a falling beam required securing. However, the Appellate Division, Second Department, reversed this decision. The appellate court found that Romero failed to establish a prima facie entitlement to judgment, citing a factual dispute regarding the nature of the "beam" and insufficient evidence that its fall was due to an inadequate safety device. Consequently, the plaintiff's motion for summary judgment on the Labor Law § 240 (1) cause of action was denied.

Personal InjuryScissor LiftDemolition WorkLabor Law 240(1)Summary JudgmentFalling ObjectSafety DeviceAppellate ReviewPrima Facie BurdenConstruction Accident
References
5
Case No. 03-02-00652-CV; 03-02-00693-CV
Regular Panel Decision
Apr 03, 2003

in Re Marble Falls Independent School District

This case concerns a challenge to the Marble Falls Independent School District's mandatory extracurricular activity drug-testing policy. Eddie Shell, on behalf of his minor children, argued the policy infringed upon their religious freedom, privacy rights, and due process under the Texas Constitution, citing the consumption of wine for religious observances. The trial court initially granted a temporary injunction against the school district. However, the Texas Court of Appeals, Third District, reversed this decision, finding that Shell failed to establish a probable right to recover. The appellate court concluded that the drug-testing policy did not violate constitutional provisions regarding religious freedom, due process, or privacy, as it was a neutral, generally applicable law rationally related to legitimate state interests in student safety and health.

Drug TestingExtracurricular ActivitiesReligious FreedomPrivacy RightsDue ProcessTexas ConstitutionTemporary InjunctionAbuse of DiscretionSchool PolicyAppellate Review
References
26
Case No. 2018 NY Slip Op 04452
Regular Panel Decision
Jun 15, 2018

Martin v. Niagara Falls Bridge Commn.

Plaintiff Eldred Jay Martin, an appellant, sustained injuries from a 25-30 foot fall while dismantling bridge scaffolding. He sued under Labor Law §§ 240 (1) and 241 (6). The Supreme Court initially granted summary judgment to the defendants, Niagara Falls Bridge Commission and Liberty Maintenance, Inc., dismissing the complaint. On appeal, the Appellate Division, Fourth Department, modified this decision, reinstating the Labor Law § 240 (1) claim due to triable issues of fact concerning the adequacy of safety devices provided. The court affirmed the dismissal of the Labor Law § 241 (6) claim. A dissenting opinion argued that the plaintiff's own actions were the sole proximate cause of his injuries, as he allegedly failed to use available safety equipment.

Scaffolding accidentLabor Law § 240(1)Summary JudgmentAppellate ReviewConstruction SafetyFall ProtectionWorkplace InjuryProximate CauseSafety DevicesEmployer Liability
References
15
Case No. 163 AD3d 1496
Regular Panel Decision
Jul 25, 2018

Provens v. Ben-Fall Dev., LLC

Plaintiff John O. Provens sustained injuries after falling from a roof on which he had been working, allegedly due to detached "toe boards." Plaintiffs commenced an action under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court denied plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) and partially granted defendant David Alen Sattora's cross-motion, dismissing the Labor Law § 241 (6) claim against him. On appeal, the Appellate Division, Fourth Department, unanimously modified the order. The Appellate Division granted plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) liability, finding the failure of the safety device was a violation as a matter of law. It also reinstated the Labor Law § 241 (6) cause of action against Sattora, asserting plaintiffs had standing and Sattora failed to establish prima facie entitlement to dismissal. Furthermore, the court granted Sattora's cross-motion to dismiss the Ben-Fall defendants' cross claims for common-law and contractual indemnification, concluding Sattora was not actively negligent for common-law indemnification and no valid contractual indemnification agreement existed for the relevant work.

Labor LawSummary JudgmentIndemnificationAppellate DivisionConstruction Site SafetyRoofing AccidentProximate CauseSafety Device FailureCross ClaimsContractual Indemnification
References
17
Case No. MISSING
Regular Panel Decision

Hoffman v. SJP TS

Plaintiff Richard Hoffman, a glazier, sustained injuries after falling approximately 35 feet from a scissor lift while performing caulking work. The accident occurred because the V-shaped lobby prevented the lift from being placed directly next to the windows, forcing the plaintiff to lean out over the railing. The court determined that the provided safety device was inappropriate for the task, and there was no proper anchorage point for his safety harness. Consequently, the appellate court unanimously reversed the lower court's denial of the plaintiff's motion for partial summary judgment on his Labor Law § 240 (1) claim, granting the motion.

Scissor Lift AccidentLabor Law 240(1)Fall from HeightInadequate Safety DeviceSummary JudgmentAppellate ReversalWorkplace SafetyConstruction AccidentGlazierProximate Cause
References
4
Case No. MISSING
Regular Panel Decision

Matter of Hopkins v. Emcor Group, Inc.

Claimant suffered serious injuries after falling from a scissors lift at work. His claim for workers’ compensation benefits was controverted by the employer and its carrier, who argued the fall was caused by a seizure from substance or alcohol withdrawal, not work-related. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board found the injury to be work-related. On appeal, the carrier presented testimony from a neurologist who could only state a seizure was 'likely,' and eyewitnesses could not definitively rule out the claimant becoming entangled in hoses. The Appellate Division affirmed the Board’s decision, concluding that the carrier's evidence was speculative and insufficient to rebut the Workers’ Compensation Law § 21 presumption of compensability.

Workers' CompensationAccidental InjuryCourse of EmploymentArising out of EmploymentPresumption of CompensabilityScissors Lift FallSeizureSubstance Abuse WithdrawalAlcohol WithdrawalMedical Testimony
References
4
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