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

Case No. 536000
Regular Panel Decision
Mar 07, 2024

Matter of Elhannon Wholesale Nursery, Inc. (Commissioner of Labor)

Elhannon Wholesale Nursery, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found the company liable for additional unemployment insurance contributions for its H-2A agricultural workers from 2014 to 2016. The contributions included remuneration for housing and utilities provided to these workers. Elhannon argued for the retroactive application of a 2019 amendment to Labor Law § 564, which excluded H-2A workers from the definition of "employment," but the court found no clear legislative intent for retroactivity. The company also challenged the Board's authority to assess contributions for workers ineligible for benefits and disputed the valuation of housing and utility remuneration. The Appellate Division, Third Department, affirmed the Board's decision, asserting that an employer's obligation to pay contributions is independent of employee eligibility for benefits and upholding the Commissioner's method for calculating remuneration.

Unemployment InsuranceH-2A WorkersAgricultural LaborRetroactive ApplicationStatutory InterpretationLabor LawPayroll TaxEmployer ContributionsRemuneration ValuationHousing Benefits
References
15
Case No. 2022 NY Slip Op 01758 [203 AD3d 531]
Regular Panel Decision
Mar 15, 2022

Valentine v. 2147 Second Ave. LLC

Michael Valentine, a project safety coordinator for Homeland Safety Consultants, sued 2147 Second Avenue LLC and other defendants for injuries sustained at a demolition and construction site. The Supreme Court, Bronx County, granted summary judgment to defendants Gary Silver Architects, P.C. and Sunshine Quality Construction, Inc., dismissing the complaint against them, and denied Valentine's motion for partial summary judgment on his Labor Law § 240 (1) claim. The Appellate Division, First Department, affirmed this decision, finding no evidence of affirmative negligence by GSA and concluding that Sunshine was not on site as a general contractor until after the accident. The court also upheld the denial of Valentine's Labor Law claim, noting it was never properly pleaded in his complaints.

Demolition ProjectConstruction AccidentProject Safety CoordinatorSummary JudgmentLabor Law § 240 (1)Affirmative NegligenceGeneral Contractor LiabilityPleading AmendmentsAppellate ReviewPremises Liability
References
4
Case No. ADJ6531388
Regular
Feb 29, 2016

FERNANDO PEREZ vs. SUNSHINE NURSERIES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a December 14, 2015 decision. This grant is for further study of the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners' office, not district offices or e-filed. Trial level documents unrelated to the petition should continue to be e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardSunshine NurseriesTristar Risk ManagementADJ6531388Riverside District OfficeOpinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
0
Case No. 680/2025
Regular Panel Decision
Nov 07, 2025

Matter of Hans-Gaston v. Sunshine

This Article 78 special proceeding concerns a challenge by Petitioner Principal Hans-Gaston against the Kings County Clerk's protocol for processing applications to remove actions from lower courts to the Supreme Court. The Petitioner argued that the Clerk improperly required the commencement of a new special proceeding or action for motions made pursuant to CPLR 325(b), which mandates that such applications be made by motion. The Court meticulously analyzed the distinctions between motions and special proceedings, emphasizing that a special proceeding requires explicit statutory authorization, which is absent for CPLR 325(b) motions. The decision concludes that the County Clerk's protocol is improper and contrary to law. Consequently, the Court granted the petition in part, directing the Respondent to accept properly filed CPLR 325(b) motions without compelling the initiation of a new special proceeding or action.

CPLR Article 78MandamusMinisterial DutySpecial ProceedingMotion PracticeCase RemovalCourt JurisdictionCounty Clerk ProtocolCivil ProcedureStatutory Interpretation
References
29
Case No. 2020 NY Slip Op 00889
Regular Panel Decision
Feb 05, 2020

Von Hegel v. Brixmor Sunshine Sq., LLC

The injured plaintiff, William Von Hegel, a maintenance specialist, sustained injuries when a ladder he was using slipped at a Ruby Tuesday restaurant, leading to an action against the premises owner and lessee. Plaintiffs alleged a violation of Labor Law § 240 (1), a statute imposing nondelegable duties on owners and contractors for worker safety at elevated work sites. The Supreme Court denied the defendants' motion for summary judgment on dismissing the Labor Law claim and granted the plaintiffs' cross-motion for summary judgment on liability. On appeal, the Appellate Division affirmed this decision, holding that the plaintiff's uncontroverted testimony of the ladder slipping established a prima facie case. The court further found that the defendants failed to demonstrate that adequate safety devices were readily available or that the plaintiff's own negligence was the sole proximate cause of the accident, upholding the absolute liability under Labor Law § 240 (1).

Personal InjuryLadder AccidentLabor Law § 240(1)Summary JudgmentAppellate ReviewPremises LiabilityWorker SafetyNondelegable DutyProximate CauseSafety Devices
References
13
Case No. ADJ9120523
Regular
Jan 25, 2018

Guillermo Reyes Perez vs. Colorama Wholesale Nursery, Zenith Insurance Company

This Workers' Compensation Appeals Board case concerns disputed payments for copying services provided by lien claimant Citywide Scanning Services, Inc. The Board granted reconsideration to amend the original decision based on the WCJ's report. While most of the lien claimant's invoices were deemed satisfied due to failure to request a second review after receiving Explanations of Review (EORs), two invoices were specifically addressed. The Board found the defendant failed to provide valid EORs for services related to Colorama Wholesale Nursery and the California Secretary of State. Therefore, the lien claimant is entitled to full payment for these two invoices, less any amounts already paid by the defendant.

EORLabor Code section 4622WCAB Rule 9794(c)Petition for ReconsiderationLien claimantCopying servicesSecond reviewInvoicesDefendant's answerReport and Recommendation
References
0
Case No. ADJ4684541 (ANA 0389950)
Regular
Jun 13, 2016

PANFILO SALDANA vs. COLOR SPOT NURSERIES, AMERICAN HOME ASSURANCE COMPANY, AIG, ARROWOOD INDEMNITY COMPANY

This Workers' Compensation Appeals Board (WCAB) case involves a petition for reconsideration filed by the defendant, Color Spot Nurseries and its insurers, against applicant Panfilo Saldana. The WCAB has granted reconsideration based on an initial review, finding it necessary to allow further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and enable a just decision. All future correspondence and filings related to the petition must be submitted directly to the WCAB Commissioners.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ7173621
Regular
Jun 23, 2015

vs. MATSUI NURSERY, MEADOWBROOK INSURANCE

This case involves Maria Torres' workers' compensation claim for 100% permanent total disability due to an admitted injury to her ankle and psyche. The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration, upholding the WCJ's decision. The Board gave great weight to the WCJ's credibility determinations and relied on the opinions of the agreed medical evaluators, Dr. Stark (orthopedic) and Dr. Sidle (psychiatric), who both concluded that 100% of the applicant's disability was industrially caused. The Board found the defense vocational expert's opinion unpersuasive as it was based on an incorrect history and legal theory, and that the applicant's pre-injury limitations did not preclude her from working.

Petition for ReconsiderationAgreed Medical EvaluatorComplex Regional Pain SyndromePain DisorderPermanent Total DisabilityVocational ExpertSubstantial EvidenceCredibility DeterminationsNon-industrial FactorsOrthopedic Injury
References
0
Case No. MISSING
Regular Panel Decision

Armstrong v. Foxcroft Nurseries, Inc.

The Appellate Division reversed a Supreme Court order that granted summary judgment to the defendant, dismissing a personal injury complaint. Plaintiff, an equipment operator, was injured by a forklift owned by the defendant while working for Crow and Sutton Associates (C&S), a landscape contractor. The defendant argued the action was barred because the plaintiff was its special employee and had received workers' compensation benefits. However, the Appellate Division found no conclusive evidence that C&S, the general employer, relinquished control over the plaintiff, or that the defendant, a distinct corporation, assumed exclusive control. The court also rejected the argument that the close corporate ties between defendant and C&S established an alter ego or joint venture relationship, which would apply the Workers' Compensation Law's exclusivity provisions. Therefore, the defendant failed to prove entitlement to summary judgment based on the plaintiff's special employee status.

Special employee doctrineWorkers' compensation exclusivitySummary judgment reversalCorporate veil piercingGeneral employer liabilityForklift accidentAppellate DivisionRensselaer CountyPersonal injuryControl and direction
References
10
Case No. MISSING
Regular Panel Decision
Oct 08, 1976

Claim of Feliciano v. Woodlea Nursery

The claimant, a migrant worker, was injured when he fell down stairs in employer-provided housing on his day off. The employer was contractually obligated to provide this housing. The Workmen's Compensation Board ruled that the injuries arose out of and in the course of employment. The Appellate Court affirmed this decision, citing precedent that residency provided as part of the employment contract is covered, meaning the injury was compensable.

migrant worker injuryemployer housingworkers' compensation claimcourse of employmentarising out of employmentinjury on day offcontractual housingcompensable injuryAppellate Division
References
2
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