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

Case No. 2017 NY Slip Op 08460 [156 AD3d 404]
Regular Panel Decision
Dec 05, 2017

Clavin v. CAP Equipment Leasing Corp.

The Appellate Division, First Department, reversed a Supreme Court order, dismissing third-party claims for common law indemnification, contribution, and contractual indemnification. The court found that the plaintiff did not sustain a 'grave injury' as defined in Workers' Compensation Law § 11, making common law indemnification and contribution claims unsustainable against the employer. The claim for contractual indemnification was deemed unenforceable under General Obligations Law § 5-322.1, as it would indemnify CAP Rents for its own potential negligence. Additionally, the claim for failure to procure insurance was dismissed because the reservation contract did not expressly and specifically require Schiavone to name CAP Rents as an additional insured. CAP Equipment Leasing Corporation was also found to lack standing to enforce the contract.

indemnificationcontributiongrave injuryWorkers' CompensationGeneral Obligations Lawcontractual indemnificationinsurance procurementadditional insuredsummary judgmentnegligence
References
7
Case No. 2024 NYSlipOp 01444 [225 AD3d 1189]
Regular Panel Decision
Mar 15, 2024

Jesmain v. Time Cap Dev. Corp.

Plaintiff Connor B. Jesmain was injured at a construction site on property owned by 980 James Street, LLC, while moving a stack of drywall panels that fell on his ankle. He commenced a Labor Law and common-law negligence action against Time Cap Development Corp. and 980 James Street, LLC (980 James defendants), and Interior Builders Framing and Drywall LLC. The 980 James defendants also sought contractual indemnification against third-party defendant Syracuse Energy Systems, Inc. The Appellate Division modified the Supreme Court's order, reinstating Labor Law §§ 240 (1) and 241 (6) causes of action due to issues of fact regarding safe storage and a dangerous material pile. The court also granted summary judgment dismissing Labor Law § 200 and common-law negligence claims against 980 James, denied contractual indemnification for 980 James defendants against Syracuse Energy, and granted summary judgment dismissing 980 James defendants' cross-claim for contractual indemnification against Interior Builders. The decision affirmed the denial of Interior Builders' motion to dismiss the amended complaint and other cross-claims.

Construction Site InjuryDrywall AccidentLabor Law § 240(1)Labor Law § 241(6)Labor Law § 200Common-Law NegligenceSummary JudgmentContractual IndemnificationThird-Party ActionAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Claim of Sciame v. Airborne Express, Inc.

This case addresses the application of Workers’ Compensation Law § 15 (6) (a) concerning the maximum weekly benefits a claimant can receive for concurrent schedule and nonschedule awards. The court reaffirms its established precedent that these concurrent payments cannot exceed the statutory cap of $400 per week for 2004 injuries, irrespective of whether the nonschedule award stems from a permanent disability. This principle was also extended to include periodic payments for a schedule loss of use award and nonschedule award payments for temporary disability. The court concluded that the 2009 amendments to Workers’ Compensation Law §§ 15 and 25 did not indicate legislative intent to overturn this longstanding cap. Consequently, the Board's decision, which held that the claimant's receipt of maximum weekly benefits from a nonschedule award precluded additional benefits from a schedule loss of use award, was affirmed.

Workers' Compensation BenefitsBenefit MaximumsConcurrent AwardsSchedule Loss of Use AwardNonschedule AwardStatutory CapJudicial Precedent AffirmationWorkers' Compensation Law Interpretation2009 Amendments AnalysisPermanent Disability Benefits
References
11
Case No. MISSING
Regular Panel Decision

Cap Makers' Union, Local 2H Amalgamated Clothing & Textile Workers Union ex rel. Alvarez v. Feinstein

The case involves an action brought by Cap Makers Union, Local 2H, against former officers Michael Feinstein and Luz Rivera, seeking to prevent them from using a similar name for a rival union. Initially filed in New York State court based on state business law and common law, the defendants removed the case to federal court, asserting a federal question under Section 9(a) of the National Labor Relations Act. The federal district court, presided over by Judge Sweet, sua sponte remanded the action back to state court. The court found that federal jurisdiction was lacking because the plaintiff's complaint did not establish a federal cause of action, and federal preemption, raised as a defense, is insufficient for removal. The court also denied Local 2H's request for costs and Rule 11 sanctions against the defendants for improper removal.

Federal jurisdictionRemoval actionRemandState law claimsFederal questionNational Labor Relations ActPreemption defenseTrade name disputeUnion disputeCosts and sanctions
References
5
Case No. MISSING
Regular Panel Decision
Feb 14, 2014

Walczyk v. Lewis Tree Service, Inc.

Claimant, a tree service worker, sustained a back injury in 2005 and later bilateral carpel tunnel syndrome in 2007, which was established as an occupational disease. The Workers’ Compensation Law Judge initially determined a 15% schedule loss of use for each hand due to carpel tunnel syndrome, leading to an award of $29,280. However, due to concurrent compensation for the back injury and the statutory weekly cap of $400, the Judge reduced the carpel tunnel award to $2,916, payable weekly. The Workers’ Compensation Board modified this, ruling that the claimant was entitled to the full $29,280 schedule loss of use award for the carpel tunnel syndrome, payable in a lump sum, citing Workers’ Compensation Law §§ 15 (3) (u) and 25 (1) (b) as amended in 2009. The employer's carrier appealed, arguing this violated the maximum disability rate provisions. The appellate court affirmed the Board's decision, stating that the lump-sum payment was an authorized alternative and did not violate the statutory cap, and that prior precedent did not preclude such an award.

schedule loss of uselump sum awardpermanent partial disabilitycarpal tunnel syndromeconcurrent paymentsstatutory capWorkers' Compensation Boardappellate review2009 amendmentsWorkers' Compensation Law
References
6
Case No. 2022 NY Slip Op 06531
Regular Panel Decision
Nov 17, 2022

Matter of Jennings v. Stop & Shop

Claimant, Hope J. Jennings, a supermarket clerk, suffered a work-related shoulder injury in 2007, leading to a classification of nonschedule permanent partial disability with a 50% loss of wage-earning capacity in 2012, subject to a 300-week durational cap for benefits. Following further causally-related surgeries in 2017 (shoulder) and 2019 (cervical fusion), claimant sought temporary total disability benefits after the durational cap on her permanent partial disability benefits had expired. The Workers' Compensation Board (WCB) ultimately ruled that the expiration of the durational cap on permanent partial disability benefits does not preclude a claimant from seeking temporary total disability benefits following a causally-related surgery. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that Workers' Compensation Law § 15 (2) (temporary total disability) and § 15 (3) (w) (permanent partial disability) operate under distinct statutory provisions, and the durational cap applies only to benefits payable under the latter paragraph.

Workers' Compensation Law § 15Temporary Total DisabilityPermanent Partial DisabilityDurational CapWage Loss BenefitsCervical Fusion SurgeryShoulder InjuryReclassification of DisabilityStatutory InterpretationAppellate Review
References
4
Case No. ADJ3722656 (BAK 0145213)
Regular
Jul 24, 2014

WILLIAM CASTO vs. GENE WATSON CONSTRUCTION, COMMERCE & INDUSTRY INSURANCE COMPANY BY CHARTIS

This case concerns an applicant suffering severe burns who sought further temporary disability (TD) indemnity after the initial award expired. The Appeals Board overturned the WCJ's 104-week TD cap, finding the 240-week cap for severe burns applicable, extending TD entitlement to August 6, 2007. The Board also adopted the WCJ's calculation of the third-party credit but clarified its application based on the established total civil damages and defendant's comparative negligence. Consequently, the award was amended to reflect the extended TD period and the 240-week statutory cap.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityPermanent and StationaryLabor Code Section 4656104-week cap240-week capSevere BurnsSubstantial EvidenceMedical Opinion
References
6
Case No. 2021 NY Slip Op 04073
Regular Panel Decision
Jun 24, 2021

Matter of Jagiello v. Air Tech Lab, Inc.

Czeslaw Jagiello had an established workers' compensation claim for an occupational disease that became disabling in 2017, in addition to a prior claim for World Trade Center site injuries, under which he received $400 weekly in temporary partial disability benefits. The dispute revolved around the amount of additional benefits for the occupational disease claim, with the Workers' Compensation Board (WCB) initially determining $480.71 weekly but capping the concurrent award at $801.32 weekly, leading to an award of $401.32 weekly for the occupational disease. Jagiello argued the statutory cap should be $870.61 weekly, thus seeking $470.61 weekly. The Appellate Division affirmed the WCB's decision, clarifying that while the combined weekly benefit was statutorily capped at $870.61 under Workers' Compensation Law § 15 (6), the appropriate temporary partial disability award, being two-thirds of the difference between pre- and post-accident average weekly wages, was correctly limited to $801.32, which was two-thirds of his average weekly wages at the date of disablement.

Workers' CompensationOccupational DiseaseTemporary Partial DisabilityConcurrent AwardsStatutory Maximum RatesAverage Weekly WageWorld Trade Center ClaimAppellate ReviewDisability BenefitsBenefit Calculation
References
7
Case No. ADJ2630857 (SBR 0297019) ADJ3812701 (SBR 0297018)
Regular
Mar 09, 2012

Jack S. Vogel, Jr. vs. Remedy Intelligent Staffing, California Insurance Guarantee Association (CIGA), INTERCARE INSURANCE SERVICES, RELIANCE INSURANCE COMPANY, White Cap Industries, Inc., AMERICAN CASUALTY COMPANY

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, finding White Cap Industries to be the applicant's special employer. The Board determined that White Cap's insurance policy with American Casualty Company covered special employees and constituted "other insurance" under Insurance Code section 1063.1. Consequently, CIGA is relieved of liability for the applicant's workers' compensation benefits. The case is returned to the trial level for further proceedings.

CIGASpecial EmploymentGeneral EmploymentOther InsuranceJoint and Several LiabilityInsurance Code Section 1063.1Employers' Liability CoverageWorkers' Compensation CoverageLachesPrejudice
References
21
Case No. MISSING
Regular Panel Decision

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
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