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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

Kology v. My Space NYC Corp.

Dena Kology sued My Space NYC Corp. and Guy Hochman for employment discrimination under Title VII, NYSHRL, and NYCHRL. Defendants moved to dismiss, arguing My Space was not Kology's employer, thus precluding liability under employment discrimination statutes. The court re-construed the motion as one for summary judgment due to submitted affidavits. The core issue was whether an employer-employee relationship existed, especially given Kology's compensation through her corporation, Atlantis. The court found that despite the corporate arrangement, My Space exercised sufficient control over Kology to be considered her employer or joint employer and subsequently denied the defendants' motion for summary judgment.

Employment DiscriminationTitle VIINYSHRLNYCHRLEmployer-Employee RelationshipSummary JudgmentMotion to DismissJoint EmployerCorporate VeilAgency relationship
References
22
Case No. MISSING
Regular Panel Decision
Feb 22, 2005

Canino v. Electronic Technologies Co.

Plaintiff, an electrician employed by Electronic Technologies Company (ETC), sustained injuries after falling from an A-frame ladder while installing security equipment at a facility owned by International Business Machines Corporation (IBM). Plaintiff subsequently initiated legal action against both ETC and IBM, alleging multiple violations of Labor Law sections 200, 240 (1), and 241 (6). The plaintiff moved for partial summary judgment against IBM concerning liability under Labor Law section 240 (1), while the defendants filed a cross-motion requesting the dismissal of the entire complaint. The Supreme Court denied both parties' motions for summary judgment, leading to these cross-appeals. The appellate court affirmed the Supreme Court's decision, citing unresolved questions of fact regarding the adequacy of the safety device provided and whether the plaintiff's actions were the sole proximate cause of the accident, thus preventing summary judgment for either side.

Labor Law Section 240(1)Workplace AccidentLadder SafetySummary Judgment MotionCross AppealsQuestion of FactProximate CauseConstruction Site InjuryEmployer LiabilityPremises Owner Liability
References
7
Case No. MISSING
Regular Panel Decision
Nov 27, 1995

Leonard v. Unisys Corp.

Linda M. Leonard suffered severe back injuries in 1987 due to a defective office chair, leading to a lawsuit against her employer (Department of Motor Vehicles) and the chair's sellers/manufacturers (Human Factor Technologies, Inc., Burroughs Corporation, Standard Register Company, and Unisys Corporation). The lawsuit alleged negligence, strict products liability, and breach of warranty. A jury found certain defendants strictly liable and apportioned fault, awarding significant damages for pain and suffering and loss of consortium to Leonard and her husband. On appeal, the court affirmed the lower court's order and judgment, upholding the jury's verdict, the damage awards, and the denial of indemnification claims between defendants, while rejecting challenges to jury instructions and evidentiary rulings.

Products liabilityBreach of warrantyNegligenceIndemnification claimLoss of consortium damagesPain and suffering awardJury verdict reviewApportionment of liabilitySuccessor corporation liabilityDefective chair
References
12
Case No. MISSING
Regular Panel Decision

Offshore Exploration & Production LLC v. Morgan Stanley Private Bank, N.A.

The plaintiff, Offshore Exploration and Production, LLC (Offshore), initiated an action seeking a declaratory judgment that Morgan Stanley, acting as an Escrow Agent, must release over $75 million from an escrow fund to defendants Korea National Oil Corporation (KNOC) and Ecopetrol S.A. An arbitration panel had previously ordered Offshore to pay this amount to KNOC and Ecopetrol. However, KNOC and Ecopetrol argued the payment should come directly from Offshore to preserve the escrow fund for other obligations, contending that this dispute falls under the arbitration clause of their Stock Purchase Agreement (SPA). The defendants moved to stay or dismiss the action pending arbitration, while Offshore cross-moved for summary judgment. The court, emphasizing the strong federal policy favoring international arbitration, found that the SPA's broad arbitration clause, which incorporated the American Arbitration Association's International Arbitration Rules, clearly delegated issues of arbitrability to the arbitration panel. The court rejected Offshore's arguments that the dispute arose solely under the Escrow Agreement or that a conflict existed between the SPA's mandatory arbitration clause and the Escrow Agreement's permissive forum selection clause. Consequently, the court granted the defendants' motion to stay the action, pending the arbitration panel's decision on arbitrability and the merits, and denied Offshore's motion for summary judgment without prejudice.

ArbitrationInternational ArbitrationStay of ProceedingsDeclaratory JudgmentContract DisputeEscrow AgreementStock Purchase AgreementArbitrabilityForum SelectionFederal Arbitration Act
References
20
Case No. ADJ17849976
Regular
Oct 07, 2025

ESTEFANY MICHELLE OSORIO vs. SPACE EXPLORATION TECHNOLOGIES CORPORATION, CORVEL CORPORATION

The Appeals Board observed a proposed settlement while reconsideration was pending. Citing California Code of Regulations, title 8, section 10961, which prohibits the District Office from acting on a case under reconsideration, the Board rescinded the prior decision from which reconsideration was sought. The matter is returned to the trial level, allowing the Workers' Compensation Administrative Law Judge (WCJ) to review the proposed settlement. Should the WCJ not approve the settlement, the original decision may be reinstated, at which point any aggrieved party may seek reconsideration. This decision does not address the merits of the issues pending reconsideration.

ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJVan Nuys District OfficeSpace Exploration Technologies CorporationCorvel CorporationAdjudication Number
References
1
Case No. MISSING
Regular Panel Decision
May 31, 2002

Finnigan v. Rochester Institute of Technology

The plaintiff, an employee of RADEC Corporation, was injured at a building owned by Rochester Institute of Technology (RIT) and initiated an action alleging common-law negligence and Labor Law violations. Initially, a jury apportioned fault and awarded damages, but after reinstruction, RIT's fault was eliminated, leaving RADEC and the plaintiff responsible. Both parties moved for directed verdicts, with the court granting RIT's. On appeal, the higher court determined the lower court had erred in interpreting the jury's verdict concerning Labor Law § 241 (6) and Rule 23. Consequently, the appellate court denied RIT's motion for a directed verdict, granted RIT's alternative request for a new trial, and denied the plaintiff's motion, thereby granting a new trial on both liability and damages.

Labor LawNegligenceDirected VerdictNew TrialApportionment of FaultIndustrial CodeOwner LiabilityContractor LiabilityVicarious LiabilityJury Charge
References
5
Case No. MISSING
Regular Panel Decision

Rogers v. Westfalia Associated Technologies, Inc.

Ronald Rogers, while performing maintenance, fell nine feet from a stationary conveyor system at Agway Feed Mill. He and his wife, Lisa Rogers, sued Westfalia Associated Technologies, Inc. and Portee, Inc., alleging negligent design and manufacturing, failure to warn, breach of warranty, and strict products liability. Westfalia, Portee, Probec, Inc., and Mill Technology, Inc. filed motions for summary judgment, arguing they owed no duty to Rogers and their products were not defective. The court found that Agway, the employer and purchaser, was in the best position to assess risks and declined optional safety equipment. Furthermore, Rogers was aware of the dangers, and warnings were posted. Consequently, the court granted all motions for summary judgment, dismissing the complaint, counterclaims, and cross-claims.

Product LiabilityNegligenceStrict LiabilityDesign DefectFailure to WarnSummary JudgmentConveyor SystemIndustrial AccidentAssumption of RiskOpen and Obvious Danger
References
17
Case No. 06 Civ. 0822(RJH)
Regular Panel Decision

Vanamringe v. Royal Group Technologies Ltd.

This Memorandum Opinion and Order addresses two consolidated securities fraud actions against Royal Group Technologies Limited and its officers and directors. The plaintiffs, known as the 'Snow Group', allege a fraudulent scheme involving false and misleading statements to inflate Royal Group's stock price, violating Sections 10(b) and 20(a) of the Exchange Act. The Court consolidated the two actions, Vanamringe v. Royal Group Technologies Limited and Messinger v. Royal Group Technologies Limited, under the caption In re Royal Group Technologies Securities Litigation. The Snow Group's motion for appointment as lead plaintiff was granted, as they demonstrated the largest financial interest and satisfied Rule 23 requirements for typicality and adequacy. The Court also approved the Snow Group's selection of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel for the class.

Securities FraudClass ActionLead PlaintiffConsolidationPSLRAFederal Rules of Civil Procedure Rule 23Corporate FraudStock ManipulationInvestor ProtectionExchange Act
References
8
Case No. ADJ1982202
Regular
Mar 09, 2009

NOEL RIVERA vs. SENSIENT TECHNOLOGIES CORPORATION, INC., CHUBB FEDERAL INSURANCE, SPECIALTY RISK SERVICES, INC.

This case involves a claim by Noel Rivera against Sensient Technologies Corporation. The Court of Appeal denied the employer's petition for writ of review and found no reasonable basis for it, remanding the case for supplemental attorney fees. A stipulation between the parties was reached whereby the defendant agreed to pay $3,500.00 for these supplemental attorney fees. The Workers' Compensation Appeals Board approved this stipulation as reasonable.

Labor Code § 5801Supplemental Attorney's FeesPetition for Writ of ReviewDenial of PetitionRemittiturStipulationLump SumT. Mae YoshidaMullen & FilippiWCAB
References
1
Case No. 2025 NY Slip Op 02959
Regular Panel Decision
May 14, 2025

Weekes v. Tishman Tech. Corp.

Samuel Weekes, an employee, was injured while dismantling a scaffold at a construction site managed by Tishman Technologies Corporation. He sued, alleging violations of Labor Law § 240(1) and § 241(6). The Supreme Court initially denied Weekes's summary judgment motion and granted the defendants' cross-motion to dismiss, also denying Weekes's motion for leave to renew. The Appellate Division modified the Supreme Court's order, ruling that Tishman could be considered a statutory agent of the owner due to its control over safety. The court also found that Weekes's activity was covered under Labor Law § 240(1) and that triable issues of fact existed regarding the elevation-related hazard and proximate cause, thereby denying the defendants' cross-motion for summary judgment. The denial of Weekes's motion for leave to renew was affirmed, and part of the appeal from the November 4, 2020 order was dismissed as academic.

Construction AccidentLabor Law Section 240(1)Labor Law Section 241(6)Industrial Code ViolationScaffold SafetyElevation HazardSummary JudgmentStatutory AgentConstruction Manager LiabilityTriable Issues of Fact
References
36
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