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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

Claim of Joyner v. Event Design Associates, Inc.

Claimant was retained by Event Design Associates, Inc. (EDA) to transport furniture and event props for a party. While en route to a hotel during this assignment, claimant was involved in an automobile accident and sustained serious injuries. Subsequently, claimant applied for workers' compensation benefits, asserting an employer-employee relationship with EDA. The Workers' Compensation Board ruled in favor of the claimant, finding that an employment relationship existed. EDA appealed this decision. The Appellate Division affirmed the Board's ruling, concluding there was substantial evidence to support the finding of an employer-employee relationship, based on factors such as EDA's control over the work, method of payment, and right to terminate.

Workers' CompensationEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceControl TestAppellate ReviewAutomobile AccidentNew YorkWorkers' Compensation BoardTemporary Employment
References
4
Case No. MISSING
Regular Panel Decision

Nautilus Insurance v. Matthew David Events, Ltd.

Nautilus Insurance Company sought a declaration that it was not obligated to defend or indemnify Matthew David Events (MDE) in a personal injury action brought by Timothy Shea. Shea, an employee of a subcontractor hired by MDE, was injured while working at an event planned by MDE. Nautilus disclaimed coverage due to MDE's failure to provide timely notice and an employee exclusion in the policy. The motion court denied Nautilus's summary judgment, finding the employee exclusion ambiguous. The appellate court reversed, holding that the employee exclusion, which broadly defined 'employee' to include those 'contracted for' the insured, clearly applied to Shea, an employee of MDE's subcontractor. The court concluded that Nautilus had met its burden in demonstrating the exclusion's applicability.

Insurance Coverage DisputeDeclaratory Judgment ActionEmployee Exclusion ClauseContract InterpretationSubcontractor Employee InjuryTimely Notice ProvisionSummary Judgment ReversalAppellate Court DecisionCommercial General Liability PolicyBodily Injury Claim
References
21
Case No. 2021 NY Slip Op 01347
Regular Panel Decision
Mar 04, 2021

Treacy v. Inspired Event Productions, LLC

Peter Treacy, a Teamsters' Union laborer, was injured on a loading dock when a crate fell on him while unloading materials for an event. He subsequently filed claims against multiple defendants under Labor Law §§ 240(1) and 241(6). The Supreme Court granted summary judgment to the defendants, dismissing Treacy's claims. On appeal, the Appellate Division, First Department, affirmed the lower court's decision, ruling that Treacy was not a covered worker under the Labor Law as his duties were limited to unloading materials on a permanent loading dock and he was not involved in the actual construction being performed at the site.

Worker injuryloading docksummary judgmentLabor Law § 240Labor Law § 241(6)construction workerscope of employmentappellate reviewTeamsters' Unionpremises liability
References
7
Case No. ADJ2417702
Regular
Jun 18, 2012

SANDRA MEJIA vs. JACKSON'S CATERING & EVENTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration in *Mejia v. Jackson's Catering & Events* because it was not verified, violating Labor Code section 5902. Had it been verified, the Board would have denied it on the merits. The lien claimant failed to prove the medical necessity of transportation services, and the defendant was not required to prove compliance with certain notification requirements. The Board also admonished the petitioner for failing to adhere to form requirements for filed documents.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedMedically reasonableNecessaryLabor Code section 4610(g)Medical provider network noticesMPNForm requirements
References
3
Case No. 2021 NY Slip Op 01219
Regular Panel Decision
Feb 25, 2021

Robinson v. Foremost Glatt Kosher Caterers, Inc.

Plaintiff Barry Robinson initiated a class action against Foremost Glatt Kosher Caterers, Inc., alleging the company withheld mandatory gratuity charges from catering service workers in violation of Labor Law § 196-d. Foremost, in turn, filed a third-party complaint against Kensington Event Staffing, seeking indemnification. The Supreme Court denied Kensington's motion to dismiss the third-party complaint. On appeal, the Appellate Division, First Department, reversed the lower court's decision. The court granted Kensington's motion to dismiss, finding that Foremost failed to state a cause of action for implied indemnification, as there were no allegations that Kensington wrongfully withheld charges or influenced Foremost's decision to retain them.

GratuitiesWage OrderImplied IndemnificationThird-Party ComplaintMotion to DismissLabor LawAppellate ReviewCatering IndustryWorkers' Rights
References
3
Case No. MISSING
Regular Panel Decision

Zlateff v. Contour Erection & Siding Systems, Inc.

Daniel Zlateff, president and sole shareholder of Z-Boing, Inc., was injured while bungee jumping during an exhibition event. The crane for the event was provided by Contour Erection & Siding Systems, Inc., and the event was planned by Zlateff, Linda Monforte, and Christopher Eberle. Monforte owned the property where the event occurred and also managed Erie Shores, Inc., which operated Calico Jack’s Restaurant. Eberle was the president of Contour. The Supreme Court had previously granted summary judgment dismissing the complaint against the defendants. However, the appellate court reversed this decision, reinstating the complaint, citing material issues of fact that preclude summary judgment. These issues include the existence and identity of a joint venture, the availability of workers’ compensation coverage, and whether Zlateff was an employee or acting independently to further his own business.

Bungee Jumping AccidentSummary Judgment AppealJoint Venture DisputeWorkers' Compensation CoverageEmployment StatusPersonal InjuryNegligencePremises LiabilityCorporate LiabilityAppellate Review
References
1
Case No. ADJ10544667
Regular
Nov 15, 2019

NEREYDA VARGAS vs. WELLS FARGO BANK NORTH AMERICA, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision finding no industrial psychiatric injury. The Board found the original decision failed to conduct the multi-level analysis required by *Rolda v. Pitney Bowes, Inc.* concerning actual employment events and lawful, good faith personnel actions. The case is returned to the trial level for further development and analysis to determine if actual employment events predominated the injury and if any lawful personnel actions were a substantial cause. The Workers' Compensation Judge must specifically address all alleged events, medical evidence, and potential inconsistencies in the Qualified Medical Evaluator's reports.

psychiatric injurycumulative traumaRolda analysispredominant causelawful personnel actionnondiscriminatorygood faithactual events of employmentpredicate eventsmedical evidence
References
7
Case No. 2024 NY Slip Op 04646 [230 AD3d 1494]
Regular Panel Decision
Sep 26, 2024

Matter of Matter v. Google Inc.

Claimant, an account executive for Google Inc. in New York City, sustained a traumatic brain injury in October 2021 when he was struck by motorized bicycles after leaving an employer-encouraged business 'Happy Hour' event. The employer and its carrier controverted the workers' compensation claim, contending the accident did not arise out of and in the course of employment. While a Workers' Compensation Law Judge initially disallowed the claim, the Workers' Compensation Board reversed, finding a causal nexus. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer derived a benefit from the claimant's participation in the event and that the event altered his usual travel risks.

Workers' CompensationAccidental InjuryCourse of EmploymentArising Out of EmploymentSpecial Errand DoctrineDual-Purpose DoctrineCausal NexusEmployer ControlBusiness EventTraumatic Brain Injury
References
13
Case No. MISSING
Regular Panel Decision

Claim of Millar v. Town of Newburgh

An employer and its insurance carrier appealed a Workmen’s Compensation Board decision that awarded death benefits to a claimant, alleging the decedent suffered a compensable acute myocardial infarction due to emotional strain. The board found the decedent's stress, caused by the employer dividing his supervisory duties and hiring a new, higher-paid employee, led to his cardiac event and subsequent death. The appellate court acknowledged medical proof of causal relationship and precedents linking business pressures to compensable cardiac events. However, it reversed the decision, ruling that emotional upset stemming from an employer's legitimate business decisions, even if medically linked to a cardiac event, does not constitute a compensable industrial accident, dismissing the claim.

Workmen's CompensationMyocardial InfarctionEmotional StrainCausal RelationshipCompensable AccidentEmployment DecisionsAppellate ReviewDeath BenefitsEmployer LiabilityIndustrial Accident Scope
References
7
Case No. CV-23-0719
Regular Panel Decision
Sep 26, 2024

In the Matter of the Claim of Bruce Matter

Claimant Bruce A. Matter, an account executive for Google Inc., sustained a traumatic brain injury in October 2021 after being struck by motorized bicycles while returning from an employer-encouraged "Happy Hour" event. The employer and its carrier disputed the claim, arguing the accident did not arise out of or in the course of employment. A Workers' Compensation Law Judge initially disallowed the claim, but the Workers' Compensation Board reversed, finding a causal nexus due to the employer's derived benefit from the event and the altered travel risks it entailed. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer benefited from the claimant's participation and that the event altered his usual travel, increasing the risk of injury.

Accidental InjuryCourse of EmploymentCausal NexusSpecial Errand DoctrineDual-Purpose DoctrineEmployer BenefitOff-Premises AccidentTraumatic Brain InjuryHappy Hour EventWork-Related Activity
References
13
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