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

Case No. ADJ7699249
Regular
Jan 09, 2012

DEREK DEMUN vs. SQUAW VALLEY SKI CORP.

This case involved applicant Derek Demun's workers' compensation claim against Squaw Valley Ski Corp. and its insurer, Safety National Casualty Corp. The Appeals Board granted reconsideration, amending the prior decision. The amendment clarifies that the applicant is entitled to 24-hour home health care for the first 60 days post-hospitalization, followed by indefinitely eight hours per day, provided by his parents. The Board also affirmed the award of central air conditioning and heating for the applicant's home.

Workers' Compensation Appeals BoardDerek DemunSquaw Valley Ski Corp.Safety National Casualty Corp.Matrix Absence ManagementInc.ReconsiderationWCJ reportHome health careCraig Hospital
References
0
Case No. MISSING
Regular Panel Decision

Matter of Krazit v. Ski Windham Operating Corporation

Claimant sustained a right shoulder injury while working as a ski patrol supervisor in Greene County, New York, for which workers' compensation benefits were established. The claimant sought to modify the calculation of his average weekly wage to include earnings from his New Jersey-based contracting business. Both a Workers' Compensation Law Judge and the Workers' Compensation Board denied this request, determining that the New Jersey business did not constitute covered employment under Workers' Compensation Law § 14 (6). The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that the out-of-state contracting business was not a covered employer for concurrent employment purposes, despite some work performed in New York.

Workers' CompensationConcurrent EmploymentAverage Weekly WageSchedule Loss of UseOut-of-State EmployerNew York Workers' Compensation LawNew Jersey BusinessAppellate ReviewEvidentiary WeightCredibility Determination
References
4
Case No. MISSING
Regular Panel Decision
Nov 22, 1996

Claim of Fitzpatrick v. Holimont, Inc.

This case involves an appeal from a Workers' Compensation Board decision that an employer-employee relationship existed between the claimant and Holimont, Inc. The claimant, a ski patrol member, was seriously injured in March 1994, leading to the initial determination that she was an employee, which was subsequently affirmed by the Board. The court considered factors such as Holimont's control over the work, method of payment, right to discharge, and the furnishing of equipment, noting that Holimont covered operational costs, provided workers' compensation, and retained disciplinary rights. Despite the absence of a direct salary, ski patrol members received free skiing privileges and other benefits. The court concluded that substantial evidence supported the Board's finding of an employer-employee relationship between the claimant and Holimont, Inc.

Employer-Employee RelationshipWorkers' Compensation Board DecisionSki Patrol InjurySubstantial Evidence ReviewRight to Control EmploymentMethod of PaymentRight to DischargeFurnishing EquipmentWorkers' Compensation LawAppellate Review
References
3
Case No. 2023 NY Slip Op 04164 [219 AD3d 994]
Regular Panel Decision
Aug 03, 2023

Bishop v. State of New York

Claimant Robert Bishop, an experienced snowboarder, appealed the dismissal of his negligence claim against the State of New York and the Olympic Regional Development Authority. Bishop was injured at Belleayre Mountain Ski Center after hitting a metal bolt protruding from a pole in an area marked as off-trail. The Appellate Division, Third Department, affirmed the lower court's decision, citing the primary assumption of risk doctrine. The court concluded that Bishop, as a skilled snowboarder, assumed the inherent and foreseeable risks of the activity, including visible artificial objects like the pole and its bolt located outside the designated ski trail. Defendants were found to have fulfilled their duty of care by properly marking hazards and inspecting the slopes.

SnowboardingSkiing AccidentNegligenceAssumption of RiskRecreational SportsDuty of CareGeneral Obligations LawAppellate ReviewThird DepartmentHazard Warning
References
19
Case No. ADJ1670371 (SFO 0509360)
Regular
Jul 23, 2009

SKI RIVERS vs. WALGREENS DRUGS, SEDGWICK CLAIMS SERVICE

The Workers' Compensation Appeals Board granted reconsideration, affirming the finding of industrial injury to the applicant's low back sustained on September 19, 2007. However, the Board struck all other findings and the award, including temporary disability and the EDD lien, as these issues were not properly submitted for decision. The Board noted that the "going and coming" rule argument was not litigated and appeared to fall under the special risk exception, but the facts necessary for this determination were not presented. Future proceedings are required to address issues of temporary disability and medical treatment.

Workers' Compensation Appeals Boardindustrial injurysecurity guardlow back injurytemporary disabilityEmployment Development DepartmentEDD lienpetition for reconsiderationgoing and coming rulespecial risk exception
References
36
Case No. MISSING
Regular Panel Decision

Craig v. State

A claimant, employed by the State Olympic Regional Development Authority (ORDA) at Gore Mountain Ski Area, was injured and filed a negligence claim against the State of New York, alleging a failure to provide a safe workplace. The Court of Claims initially dismissed the claim against ORDA and Gore Mountain but denied dismissal against the State, viewing ORDA as a separate entity. On appeal, the court reversed this decision, determining that ORDA is an agency of the State. Consequently, the State was entitled to the workers' compensation defense. The claim against the State was therefore dismissed.

Workers' Compensation LawAgency RelationshipSummary JudgmentNegligenceSafe Place to WorkPublic AuthorityGovernmental ImmunityTort LiabilityAppellate ReviewEmployer Liability
References
7
Case No. MISSING
Regular Panel Decision

Otis Eastern Service, Inc. v. Hudacs

This CPLR article 78 proceeding reviewed a determination by the respondent regarding the petitioner's alleged failure to pay prevailing wages and wage supplements to 28 workers at the Belleayre Mountain Ski Center project. The petitioner argued that workers were properly classified as general laborers and welder helpers, while the respondent contended they should be classified as intermediate laborers under the Laborers’ Union Local 17 Agreement. The Hearing Officer initially sided with the petitioner, but the respondent rejected this, finding willful underpayments. The court affirmed the respondent's determination, concluding it was supported by substantial evidence and that the finding of willfulness was justified.

Prevailing WageWage SupplementsWorker ClassificationLabor LawCPLR Article 78Willful UnderpaymentUnion ContractsJudicial ReviewAdministrative DeterminationSubstantial Evidence
References
10
Case No. MISSING
Regular Panel Decision

Lamm v. Lore

Plaintiff was injured after falling from a chair lift during the course of his employment at Tamarack Ridge Ski Area. He subsequently sued property owners John M. Lore, Jr. and Chalis Lore under Labor Law § 240 (1), despite having already received Workers' Compensation benefits. The complaint against John M. Lore, Jr. was dismissed by stipulation. The Supreme Court granted Chalis Lore's motion for summary judgment, finding her to be a co-employee acting within the scope of her employment, which barred the plaintiff's action under Workers’ Compensation Law § 11. The appellate court affirmed the lower court's decision, also noting that even if not barred by the Workers’ Compensation Law, plaintiff's injury occurred during routine maintenance, an activity not protected by Labor Law § 240 (1).

Workers' Compensation LawLabor Law § 240(1)Summary JudgmentCo-employee ImmunityProperty Owner LiabilitySki Facility AccidentChair Lift IncidentRoutine Maintenance ExclusionAppellate DivisionErie County Supreme Court
References
12
Case No. MISSING
Regular Panel Decision

Claim of Fina v. New York State Olympic Regional Development Authority

The case involves a claimant who injured his leg while serving as a volunteer ski patroller. The Workers' Compensation Board initially ruled that an employer-employee relationship existed between the claimant and the New York State Olympic Regional Development Authority, despite the claimant's initial volunteer status being established without controversy. The Board's decision reversed a Workers’ Compensation Law Judge's determination that the claimant, a volunteer, was entitled to benefits based on his regular vocation as a self-employed engineer. On appeal, the court found insufficient evidence in the record to support the Board’s determination of an employer-employee relationship, noting that the Board relied solely on the claimant's testimony from a time when his volunteer status was undisputed. Consequently, the court reversed the Board's decision and remitted the matter for a review of the claimant's average weekly wage based on his volunteer status.

Employer-Employee RelationshipVolunteer StatusWorkers' Compensation BenefitsAverage Weekly WageSubstantial EvidenceScope of Board ReviewSki PatrolGore Mountain Ski CenterNew York State Olympic Regional Development AuthorityRemand
References
9
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