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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Oct 25, 2010

Viti v. Guardian Life Insurance Co. of America

Joseph Viti, suffering from post-traumatic stress due to 9/11, sued The Guardian Life Insurance Company of America under ERISA after his disability benefits claim was denied. Guardian denied the claim and Viti failed to appeal within the six-month administrative period. Viti also applied for and received Social Security disability benefits. The court granted Guardian's motion to dismiss the Third and Fourth Causes of Action, which concerned failure to provide documentation, concluding Guardian was not the proper defendant for those claims. The court denied without prejudice both parties' motions regarding the First and Second Causes of Action, which focused on the timeliness of Viti's lawsuit and the applicability of equitable tolling to contractual limitation periods, referring this matter to Magistrate Judge Dolinger for a hearing on equitable tolling.

ERISADisability BenefitsEquitable TollingStatute of LimitationsMental ImpairmentAdministrative RemediesContractual LimitationsSummary JudgmentMotion to DismissFiduciary Duty
References
41
Case No. MISSING
Regular Panel Decision

Prendeville v. United States

This case involves a plaintiff suing the United States of America under the Federal Tort Claims Act (FTCA) for injuries sustained by John Prendeville at a VA Hospital, leading to paralysis. The defendants moved to dismiss the first cause of action, arguing that the plaintiff's complaint was untimely under the FTCA's two-year statute of limitations, claiming the cause of action accrued shortly after Prendeville's injury in September 1981. The court examined the accrual of a claim under the FTCA, which requires the plaintiff to discover both the injury and its cause. The court denied the defendants' motion for summary judgment, concluding that there was a factual dispute regarding when the plaintiff or Prendeville's family became aware of the alleged cause of the injury, potentially due to misleading statements from medical personnel.

Federal Tort Claims ActStatute of LimitationsMedical MalpracticeAccrual of ClaimSummary Judgment MotionSpinal Cord InjuryVA Hospital NegligenceWrongful Death ClaimIntubation ComplicationsDiscovery Rule
References
5
Case No. MISSING
Regular Panel Decision
Jan 22, 1990

Giles v. State Division of Human Rights

Respondent Universal Instruments Corporation laid off approximately 1,000 employees due to a drastic reduction in customer orders. Four female employees (petitioners) who were laid off in August 1985 filed discrimination complaints with the State Division of Human Rights, alleging sex and/or age discrimination. The Division conducted investigations and found no probable cause. Petitioners then sought judicial review, and the Supreme Court annulled the Division's determinations, remitting the matters for further proceedings. This appellate court reversed the Supreme Court's judgments, finding that the appropriate standard of review for the Division's no probable cause determinations was whether they were arbitrary and capricious or lacked a rational basis. Applying this standard, the court concluded that the Division rationally found an insufficient factual basis for unlawful discrimination, as the layoffs were due to economic necessity and the need to retain qualified workers, and the investigative process was fair. Therefore, the Division's no probable cause determinations were improperly annulled.

Employment DiscriminationSex DiscriminationAge DiscriminationLayoffsEconomic ReasonsProbable CauseJudicial ReviewArbitrary and Capricious StandardRational Basis ReviewAdministrative Determinations
References
4
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Leake

Appellee H. B. Leake sued appellant Texas Employers’ Insurance Association to overturn an Industrial Accident Board award and seek compensation for a 1935 back injury. Leake filed his claim nine years later, alleging "good cause" due to initial belief of trivial injury and doctors misdiagnosing his condition as rheumatism, a claim supported by a jury verdict. However, the appellate court reversed the judgment, ruling that Leake’s testimony, even when viewed favorably, failed to establish "good cause" for the extensive delay. The court highlighted that Leake knew of his injury from the start, suffered continuous pain, and notably withheld injury details from his consulted physicians. Furthermore, a two-year period following a varicose vein operation lacked any documented "good cause" for continued delay in filing, solidifying the court's decision to render judgment for the appellant.

Delayed Claim FilingGood Cause ExceptionStatute of LimitationsWorkman's CompensationBack InjuryMedical MisdiagnosisPermanent Total IncapacityAppellate ReviewReversed and RenderedIndustrial Accident Board
References
14
Case No. MISSING
Regular Panel Decision

Leyva v. Levy

This document presents a dissenting opinion from Carro, J., in a case involving claims against the City. The dissent argues that the trial court erred in dismissing claims against the city, stating that the jury's verdict was supported by sufficient evidence. The core issue revolves around a traffic accident caused by a driver, Richardson, who entered an unsigned exit ramp while intoxicated, leading to a head-on collision. The dissent contends that the city's negligence in failing to post a 'Do Not Enter' sign at the exit was a proximate cause of the accident, and Richardson's intoxication should not be considered a superseding cause as a matter of law. The dissenting judge advocates for reversing the judgment and reinstating the jury's verdict, which found the city 10% liable.

Proximate CauseSuperseding CauseNegligenceTraffic Control DevicesDissenting OpinionJury VerdictAppellate ReviewEvidence SufficiencyDriver IntoxicationTraffic Accident
References
4
Case No. MISSING
Regular Panel Decision

Riffo-Velozo v. Village of Scarsdale

The plaintiff sustained injuries after falling from an extension ladder while installing a garage door at a building owned by the defendant Village of Scarsdale. The garage door unexpectedly lifted, causing the ladder to tip. The case involved claims under Labor Law § 240 (1) and § 241 (6). The court determined that the plaintiff was entitled to summary judgment on liability under Labor Law § 240 (1) due to the failure to provide proper safety devices, finding that the unexpected lifting of the garage door was not a superseding cause. However, the plaintiff was not entitled to summary judgment under Labor Law § 241 (6) because triable issues of fact existed regarding proximate cause and the plaintiff's potential comparative negligence in placing the ladder.

Elevation-related riskLadder fallGarage door installationLabor Law 240(1)Labor Law 241(6)Summary judgmentProximate causeComparative negligenceAbsolute liabilitySafety devices
References
28
Case No. MISSING
Regular Panel Decision

Derdiarian v. Felix Contracting Corp.

An employee, Harold Derdiarian, was severely injured at a construction site in Mount Vernon when a driver, James Dickens, suffered an epileptic seizure, crashed through inadequate barricades, struck Derdiarian, and caused boiling liquid enamel to splatter on him. Derdiarian and his wife sued the contractor, Felix Contracting Corporation, and Con Edison for negligence. The trial court found Felix, Dickens, and Con Edison liable. Felix appealed, arguing Dickens's negligence was a superseding cause. The Court of Appeals affirmed the decision, holding that the question of proximate cause is for the fact-finder, and the risk of a vehicle entering an improperly protected work area was foreseeable, thus Dickens's negligence did not sever the causal link to Felix's liability.

Proximate CauseNegligenceConstruction Site AccidentEpileptic SeizureWorkplace SafetyIntervening CauseForeseeabilityAppellate ReviewPersonal InjuryLiability
References
11
Case No. 01-09-00881-CV
Regular Panel Decision
Aug 25, 2011

Continental Casualty Company v. James E. Baker

This workers' compensation case involved an appeal by Continental Casualty Company against James E. Baker regarding the extent of a compensable injury. The core dispute was whether a left knee meniscus tear identified in 2005 was a producing cause of Baker's original 2000 workplace accident. The trial court's jury charge included a definition of 'producing cause' that stated an accident is a producing cause even if it is not a substantial factor, which the appellate court found to be legally incorrect based on a superseding Supreme Court decision (*Crump*). The erroneous instruction was deemed harmful as it related to the sole contested issue of causation. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Workers' CompensationJury Charge ErrorProducing CauseMeniscus TearMedical Expert TestimonyPre-existing ConditionAttorney's FeesAppellate ReviewTexas LawReversible Error
References
19
Case No. MISSING
Regular Panel Decision

Boshart v. City of Buffalo

Harry Boshart was injured when he fell from scaffolding at the Main Place Mall Parking Ramp, owned by the City of Buffalo, while working for Frank L. Ciminelli Construction Company. A car driven by Marc Hopkins allegedly struck the scaffolding, causing Boshart to fall. Boshart and co-plaintiffs sued the City, citing a violation of Labor Law § 240 (1). The Supreme Court granted plaintiffs' motion for partial summary judgment on liability and denied the City's cross-motion. The appellate court affirmed this decision, finding that the City failed to provide adequate safety devices, which was a proximate cause of Boshart's injuries. The court rejected the City's argument that Hopkins' act was an unforeseeable superseding cause, concluding it did not sever the causal connection.

Scaffolding AccidentElevated WorksiteConstruction InjuryLabor Law 240(1)Proximate CauseIntervening ActForeseeabilitySummary JudgmentPersonal InjuryWorkplace Safety
References
6
Case No. MISSING
Regular Panel Decision

Kandrach v. State

An inmate, referred to as 'claimant', was severely injured while operating a woodchipper as part of a work program at a State correctional facility. The woodchipper was found to be dangerously defective, missing a critical locking bar, which created a gap exposing its rotor blades. The claimant, with minimal safety training, attempted to clear wood strips from this gap and suffered partial amputation of three fingers. While the Court of Claims initially found the State negligent but attributed the sole proximate cause to the claimant's disregard of instructions, the Appellate Division reversed this finding. The Appellate Division determined that the State's negligence was a proximate cause and that the claimant's actions constituted comparative negligence, not a superseding cause. Consequently, culpability was apportioned equally, 50% to the State and 50% to the claimant, and the case was remitted for a trial on damages.

Inmate injuryWoodchipper accidentCorrectional facility negligenceDuty to provide safe equipmentInadequate safety instructionsProximate cause determinationComparative negligenceApportionment of faultDefective machineryWork program safety
References
16
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