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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

People v. Distributors Division, Smoked Fish Workers Union, Local No. 20377

The Attorney-General initiated an action seeking a permanent injunction against the Distributors Division, Smoked Fish Workers Union, Local No. 20377, its president Murray Brodsky, and business agent Jack Flaum. The complaint alleged that the defendants engaged in an illegal combination, violating New York's Donnelly Anti-Trust Law (General Business Law § 340), by coercing manufacturers and retailers in the smoked fish industry to deal exclusively with Distributors Division members. Although the defendants claimed exemption as a bona fide labor union, the court found that the Distributors Division was merely a jobbers association disguised as a union to create a monopoly and restrain trade. The organization's activities involved threats, intimidation, and misleading picketing to compel adherence to its demands, ultimately harming competition and forcing retailers to pay higher prices. Consequently, the court ruled that the injunction should be granted, concluding that the Distributors Division was not a legitimate labor union and its practices were illegal.

anti-trustmonopolylabor unioninjunctiontrade restraintGeneral Business LawDonnelly Actjobbers associationcoercionpicketing
References
3
Case No. MISSING
Regular Panel Decision

Landgraff v. 1579 Bronx River Avenue, LLC

This personal injury action arises from allegations that plaintiff Anthony Landgraff sustained injuries during employment with J.H. Loewy, Inc., a plumbing subcontractor, while removing a sprinkler system at premises owned by 1575 Bronx River Avenue, LLC and renovated by LSK Smoked Turkey Products, Inc. The injured plaintiff fell from a scaffold due to insufficient safety devices. The appellate court reversed the lower court's decision, granting the plaintiffs' motion for partial summary judgment as to liability under Labor Law § 240 (1). The court also granted 1575 Bronx River Avenue, LLC's cross-motion for contractual indemnification against J.H. Loewy, Inc. and LSK Smoked Turkey Products, Inc., and LSK Smoked Turkey Products, Inc.'s cross-motion for contractual indemnification against J.H. Loewy, Inc. Additionally, 1575 Bronx River Avenue, LLC was found entitled to common-law indemnification from LSK Smoked Turkey Products, Inc. However, the court declined to grant summary judgment for 1575 Bronx River Avenue, LLC against J.H. Loewy, Inc. on common-law indemnification and against LSK Smoked Turkey Products, Inc. on contractual indemnification due to an inadequate record. The matter was remanded for further proceedings.

personal injuryscaffold accidentLabor Lawabsolute liabilityindemnificationcontractual indemnificationcommon-law indemnificationgrave injurysummary judgmentappellate review
References
17
Case No. MISSING
Regular Panel Decision

Danielson v. United Seafood Workers Smoked Fish & Cannery Union, Local 359

The case involves a petition by Sidney Danielson, Regional Director of the NLRB, seeking a preliminary injunction against United Seafood Workers Smoked Fish & Cannery Union, Local 359, AFL-CIO. The union was charged with unfair labor practices, specifically secondary boycotts, targeting several fish businesses (charging parties) at the New York Fulton Fish Market to coerce them into recognizing Local 359 as their employees' bargaining agent. An evidentiary hearing revealed a concerted effort by union members, often directed by union officials like Carmine Romano and Anthony O’Connor, to obstruct the charging parties' ability to buy and deliver fish, leading to significant business disruption. The court found reasonable cause to believe the union had violated the National Labor Relations Act, holding Local 359 responsible under theories of mass action and agency for its members' and officials' conduct. Concluding that the charging parties faced irreparable harm, the court granted the preliminary injunction to prevent further unlawful activities, while also finding union officials in civil contempt but delaying the imposition of penalties.

Labor LawSecondary BoycottUnfair Labor PracticeNational Labor Relations Act (NLRA)Preliminary InjunctionCollective BargainingUnion LiabilityMass Action TheoryCivil ContemptFulton Fish Market
References
24
Case No. 09-cv-4229
Regular Panel Decision

Serby v. First Alert, Inc.

Plaintiff Victor M. Serby, an attorney proceeding pro se, brought this action against First Alert, Inc. and BRK Brands, Inc. for breach of a pre-existing settlement agreement. Serby alleged the Defendants failed to pay royalties for smoke detectors incorporating his '434 Patent, stemming from a prior patent infringement litigation. Defendants countered that their new SA340 model smoke alarm did not meet the 'unopenable' condition of the settlement agreement, thus absolving them of royalty payments. Serby moved for summary judgment and to strike Defendants' affirmative defenses, arguing that the doctrines of res judicata and collateral estoppel barred these defenses due to the previous litigation and settlement. The Court denied Serby's motion in its entirety, finding that genuine issues of material fact existed regarding the similarity of the smoke alarm models and that neither res judicata, collateral estoppel, nor contractual estoppel applied. Furthermore, the Court determined that the heightened pleading standards of Bell Atl. Corp. v. Twombly do not extend to affirmative defenses.

Patent InfringementBreach of ContractSummary JudgmentRes JudicataCollateral EstoppelContractual EstoppelPleading StandardsSmoke DetectorsRoyalties'434 Patent
References
19
Case No. LBO 0383984
Regular
Dec 27, 2007

PATRICK ESPOSITO vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that Patrick Esposito's injury sustained while falling from a hotel balcony to smoke was compensable. The Board adopted the reasoning that the act of smoking fell under the "personal comfort and convenience" and "commercial traveler" doctrines, making it incidental to his employment as a flight attendant on layover. The Court found that the employee's poor decisions after being locked out did not negate the compensability of the injury.

WORKERS' COMPENSATION APPEALS BOARDPATRICK ESPOSITONORTHWEST AIRLINESLIBERTY MUTUAL INSURANCEORDER DENYING RECONSIDERATIONworkers' compensation administrative law judgepersonal comfort and convenience doctrinecommercial traveler ruleon callper diem
References
11
Case No. ADJ2628913
Regular
Jan 02, 2014

BARRY BLAYLOCK vs. NEGHEBORN AUTO CENTER, dba NEBHEBORN LINCOLN MERCURY, et al

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of serious and willful misconduct. The applicant sustained a permanent and total disability due to lung damage caused by heavy workplace smoking, specifically by a coworker in an enclosed office. Despite repeated complaints and an emergency room visit, the employer knowingly permitted the violation of a workplace smoking prohibition. The Board found sufficient evidence of employer knowledge of the safety order and the resulting harm to the applicant.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code Section 4553Reconsideration DeniedPetition for ReconsiderationWCJ ReportCredibility FindingSerious and WillfulViolation of Safety OrderWorkplace Smoking Prohibition
References
1
Case No. MISSING
Regular Panel Decision

Claim of Petrie v. Crucible Steel Co.

An office worker, the claimant, suffered burns when his eye shade caught fire while lighting a cigar at his desk during work hours. The employer and carrier appealed an award, contending the accident resulted from a personal act unrelated to employment. The claimant testified that an eye shade was medically advised due to a prior eye enucleation and was necessary for working under artificial light, a condition of his employment. Smoking was also permitted by the employer. The board found that the injury arose out of employment, given the instrumentality (eye shade) was required by employment conditions and smoking was allowed. The award was unanimously affirmed.

Work-related injuryBurnsEye shade accidentSmoking during workArising out of employmentCourse of employmentPersonal act defense rejectedUnanimous affirmationWorkmen's CompensationOffice worker
References
1
Case No. MISSING
Regular Panel Decision
Sep 16, 1994

In re the Claim of Mahanger

The claimant appealed a decision from the Unemployment Insurance Appeal Board that disqualified her from receiving benefits, arguing she left her job due to unresolved sexual harassment and second-hand smoke issues. The Board, however, found she voluntarily resigned without good cause, a finding the claimant disputed as lacking substantial evidence. The supervisor testified that the employer had addressed both complaints, terminating the harasser and implementing smoke-free measures. The court upheld the Board's decision, citing its considerable discretion in credibility issues and concluding that substantial evidence supported the finding of a voluntary resignation for personal, noncompelling reasons.

unemployment insurancevoluntary separationgood causesexual harassmentworkplace environmentsecond-hand smokecredibility determinationsubstantial evidenceappellate reviewemployment law
References
0
Case No. MISSING
Regular Panel Decision

Bompane v. Enzolabs, Inc.

The plaintiff was terminated by Enzolabs, Inc. after reporting violations of workplace smoking laws to the Suffolk County Department of Health. The plaintiff sued under Labor Law § 740, the "whistleblower law," alleging retaliatory discharge. Defendant moved for summary judgment, arguing the reported condition was not a "public health or safety" danger and that plaintiff provided false employment application information. The court denied defendant's motion, ruling that the statute applies to workplace smoke and the alleged misrepresentation was immaterial. Summary judgment was granted to the plaintiff, and a referee was appointed to determine specific remedies, including lost wages and benefits, reinstatement, and attorney's fees.

WhistleblowerRetaliationWorkplace SmokingLabor LawPublic Health LawSummary JudgmentEmployment TerminationAfter-Acquired EvidenceSuffolk County LawEmployee Protection
References
18
Case No. MISSING
Regular Panel Decision

Edwards v. Neponsit Care Center

On February 16, 1995, while evacuating patients from a fire, claimant, a hospital police officer, suffered smoke inhalation and injuries to his neck, back, and arm. His workers' compensation claim was established for bronchitis, but the case was closed without a finding of permanency. The case was reopened due to ongoing respiratory issues. A Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board concluded that claimant did not suffer a further causally related disability due to his bronchitis. This decision was affirmed on appeal, citing the testimony of physician Abiola Familusi, who stated that while claimant had chronic bronchitis and rhinitis causally related to the accident, it did not prevent him from returning to his job, provided he avoided smoke exposure.

Smoke InhalationChronic BronchitisChronic RhinitisCausally Related DisabilityHospital Police OfficerRespiratory ProblemsWorkers' Compensation BenefitsMedical Expert TestimonyDisability RetirementWorkers' Compensation Law
References
0
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