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

Case No. 2022 NY Slip Op 04941 [208 AD3d 412]
Regular Panel Decision
Aug 16, 2022

Ruisech v. Structure Tone Inc.

This personal injury action arises from a construction site accident where plaintiff, an A-Val Architectural Metal III, LLC employee, slipped on pebbles. The Appellate Division, First Department, reviewed the Supreme Court's order. The appellate court modified the lower court's decision, granting summary judgment to several defendants (Park, CBRE, and Structure Tone Inc.) on claims related to Labor Law §§ 241(6) and 200, and common-law negligence. The court determined that the Industrial Code regulations cited were inapplicable and that the defendants lacked supervisory control over the injury-producing work. Additionally, the court ruled on various contractual indemnification claims, finding certain indemnification clauses enforceable while others were not due to ambiguity or lack of negligence.

Construction AccidentLabor LawIndustrial CodeSummary JudgmentIndemnificationContractual IndemnificationCommon Law NegligenceWorkers' Compensation LawPersonal InjuryAppellate Review
References
14
Case No. 2025 NY Slip Op 05941
Regular Panel Decision
Oct 29, 2025

Grala v. Structural Preserv. Sys., LLC

This case involves a consolidated action for personal injuries filed by Pawel Grala and his wife against Structural Preservation Systems, LLC (Structural) and New York City Housing Authority (NYCHA). Structural subsequently filed a third-party action against Apex Development, Inc. (Grala's employer) and Maciej Witczak. The Appellate Division, Second Department, reviewed an order from the Supreme Court, Queens County, concerning motions for summary judgment on claims of contractual and common-law indemnification, breach of contract for failure to procure insurance, and Apex's counterclaims. The Appellate Division modified the Supreme Court's order by granting summary judgment to the third-party defendants on the cause of action alleging breach of contract for failure to procure insurance against Apex. In all other respects, the Supreme Court's order, which denied other branches of the third-party defendants' motion and granted the cross-motion to dismiss Apex's counterclaims, was affirmed.

Personal InjuryWorksite AccidentSummary JudgmentContractual IndemnificationCommon-Law IndemnificationBreach of ContractFailure to Procure InsuranceGrave InjuryWorkers' Compensation LawLabor Law
References
22
Case No. MISSING
Regular Panel Decision

Bardouille v. Structure-Tone, Inc.

Thomas Bardouille and his wife appealed orders from the Supreme Court, Kings County, after Thomas was injured in an electrical explosion. The initial Supreme Court decision had granted summary judgment dismissing their complaint, which alleged violations of Labor Law §§ 200 and 241(6) and common-law negligence against various defendants including building owners, managing agents, and contractors. The appellate court modified the initial order, finding triable issues of fact concerning direction and control and the applicability of Industrial Code regulation 12 NYCRR 23-1.13(b)(4), thereby reinstating certain claims against Structure-Tone, Inc., Deutsche Bank, Tishman Speyer Trammell Crow Limited Partnership, and Tishman Speyer Properties, Inc. The appeal also addressed a third-party action against Bardouille's employer, Ohm Electric, partially dismissing contribution and indemnification claims under Workers’ Compensation Law § 11 due to the absence of "grave injury" but affirming contractual claims. The appeal from an order denying reargument was dismissed, and the initial order was modified and affirmed in part.

Personal injuryLabor Lawsummary judgmentnegligenceappellate reviewconstruction accidentelectrical explosionindemnificationcontributiontriable issue of fact
References
4
Case No. 2019 NY Slip Op 00338 [168 AD3d 1249]
Regular Panel Decision
Jan 17, 2019

Matter of Cerobski v. Structural Preserv. Sys.

Claimant Marek Cerobski filed for workers' compensation following a workplace injury in June 2015 to his right leg and back. The employer and carrier (Structural Preservation Systems) failed to timely file a prehearing conference statement, leading to preclusion from raising defenses, including a later-asserted fraud claim under Workers' Compensation Law § 114-a. Initially, a Workers' Compensation Law Judge (WCLJ) found the claimant had committed fraud, but the Workers' Compensation Board reversed, determining that the carrier's fraud claim was untimely and defenses were waived due to their procedural defaults. The Appellate Division, Third Department, affirmed the Board's decision, emphasizing that the carrier's failure to file the required prehearing statement and demonstrate good cause for delay resulted in a proper waiver and preclusion of its defenses, including the fraud allegation and relitigation of established issues like accident and notice.

Workers' Compensation LawPrehearing Conference StatementWaiver of DefensesFraud ClaimCausal RelationshipAccident and NoticeCollateral EstoppelRes JudicataAppellate ReviewAdministrative Law
References
6
Case No. 2022 NY Slip Op 02518
Regular Panel Decision
Apr 19, 2022

Peters v. Structure Tone, Inc.

Plaintiff Nedroy Peters, a carpenter, suffered an eye injury from falling concrete debris while working on a construction site managed by Structure Tone, Inc. and owned by MI NY Clock Tower, LLC. He filed claims under Labor Law §§ 240 (1) and 241 (6). The Supreme Court initially granted plaintiff summary judgment on liability, but the Appellate Division, First Department, modified this. The Appellate Division denied plaintiff's summary judgment motion, finding unresolved issues of fact concerning the application of Labor Law § 240 (1) regarding elevation differential and debris force, and for Labor Law § 241 (6) regarding normal exposure to falling objects and the reasonableness of protective coverings. Therefore, the case will proceed further to resolve these factual disputes.

Construction AccidentFalling DebrisLabor Law § 240(1)Labor Law § 241(6)Industrial Code ViolationsSummary JudgmentElevation DifferentialEye InjuryRetinal DetachmentWorker Safety
References
14
Case No. 2016 NY Slip Op 06204
Regular Panel Decision
Sep 28, 2016

Seales v. Trident Structural Corp.

The Appellate Division, Second Department, reviewed appeals and cross-appeals from two Supreme Court orders regarding summary judgment motions in a personal injury action. Plaintiff, Seonn Seales, was injured by falling sheetrock while installing a sprinkler system. The court affirmed the denial of plaintiff's Labor Law § 240(1) motion, finding the sheetrock was not being hoisted or secured. It modified the Supreme Court orders, granting summary judgment to the owners on Labor Law §§ 240(1) and 200, and common-law negligence claims, but denied summary judgment to the contractor, Trident Structural Corp., on Labor Law §§ 241(6), 200, and common-law negligence, citing triable issues of fact regarding its agency status and creation of the dangerous condition. The court also found unresolved issues of fact concerning contractual and common-law indemnification claims between the owners and Trident.

Personal InjuryConstruction AccidentFalling ObjectSummary JudgmentLabor Law § 240(1)Labor Law § 241(6)Labor Law § 200Common-Law NegligenceIndemnificationAppellate Review
References
25
Case No. 2023 NY Slip Op 03683 [218 AD3d 446]
Regular Panel Decision
Jul 05, 2023

Gamez v. New Line Structures & Dev., LLC

The plaintiff Carlos J. Gamez, a carpenter, sustained injuries after falling through an unmarked and unsecured hole on a work deck during construction. He and his wife commenced an action alleging a violation of Labor Law § 240 (1) against New Line Structures & Development, LLC, Hallets Building 1 SPE, LLC, and Hallets Astoria, LLC. The plaintiffs moved for summary judgment on the issue of liability, which the Supreme Court, Queens County, denied. The Appellate Division affirmed the lower court's decision, finding that the defendants raised a triable issue of fact regarding whether Gamez's own conduct was the sole proximate cause of his injuries, despite the plaintiffs' prima facie showing of a Labor Law § 240 (1) violation.

Personal InjuryConstruction AccidentLabor Law § 240(1)Summary JudgmentAppellate ReviewProximate CauseComparative NegligenceFall ProtectionSafety DevicesPremises Liability
References
11
Case No. OAK 328137
Regular
Aug 20, 2007

AARON DE MATTEO vs. JOINERY STRUCTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding the liability of Joinery Structures and State Compensation Insurance Fund for the applicant's vocational expert costs. The Board affirmed that vocational expert fees are recoverable expenses under Labor Code Section 5811, as such testimony is relevant to determining permanent disability and aligns with the mandate for expeditious and inexpensive resolution. The denial also addressed the defendants' arguments regarding the timing of the expert's report and its compliance with specific Labor Code sections, finding them unpersuasive.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationApplicantDefendantJOINERY STRUCTURESSTATE COMPENSATION INSURANCE FUNDWCJvocational expertloss of future earning capacity1997 Guidelines
References
6
Case No. CV-22-2146
Regular Panel Decision
Mar 21, 2024

Matter of Leon v. Structure Tech N.Y., Inc.

Claimant, Jorge Leon, a construction laborer, filed a claim for workers' compensation benefits after sustaining injuries to his neck and back from a fall into a hole while carrying rebar. The employer, Structure Tech New York, Inc., and its carrier controverted the claim, raising issues of lack of notice and no compensable accident. A Workers' Compensation Law Judge (WCLJ) established the claim, a decision affirmed by the Workers' Compensation Board. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence and upholding the Board's role as the sole arbiter of witness credibility in resolving conflicting testimony.

Workers' CompensationAccidental InjuryEmployment InjuriesCredibility DeterminationSubstantial EvidenceNotice of InjuryConstruction AccidentFall AccidentRebarNeck Injury
References
7
Case No. MISSING
Regular Panel Decision
Feb 16, 1994

Lemma v. Forest City Pierrepont Associates

Plaintiff Michael Lemma instituted an action, joined by his wife for loss of consortium, to recover damages for Labor Law violations after he sustained injuries on May 19, 1987, when struck by a falling piece of steel at a construction site. Third-party defendants A.C. Associates, plaintiff's employer, and Steel Structures Corporation, performing structural steel work, were impleaded by the property owners and general contractor. A jury initially apportioned liability 80% to A.C. Associates and 20% to Steel Structures Corporation. The Supreme Court modified the judgment, finding the apportionment against the weight of the evidence and directing a new trial on liability unless the third-party defendants consent to a 50% each apportionment, based on Steel Structures Corporation's responsibilities for safety decking and its employee's negligence. The court also affirmed the judgment in all other respects.

Labor LawConstruction AccidentFalling ObjectApportionment of LiabilityThird-Party ActionJury Verdict ReviewAppellate DivisionNegligenceWorkplace SafetyNew Trial Conditional
References
4
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