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

Case No. W2002-01186-COA-R3-CV
Regular Panel Decision
Aug 11, 2003

Trumbo Inc. v. Witco Corp.

Trumbo, Inc., a metal fabrication company, modified a fat melting tank for Witco Corporation. An employee of Witco was severely injured, leading to a lawsuit against Trumbo and Witco's intervention to protect its workers' compensation subrogation lien. Trumbo subsequently sued Witco for spoliation of evidence, claiming that Witco's inability to produce missing temperature gauges from the tank hindered its defense in the employee's lawsuit and forced a settlement. The trial court granted summary judgment in favor of Witco, determining that Witco had no duty to preserve the evidence and that Trumbo failed to establish causation. The Court of Appeals affirmed the summary judgment, finding that Trumbo did not demonstrate that the missing gauges would have materially assisted its defense, thus failing to establish causation.

Spoliation of evidenceNegligenceSummary judgmentCausationDuty to preserve evidenceWorkers' compensation subrogationAppellate reviewFat melting tank accidentTemperature gaugesProduct liability
References
7
Case No. 2021 NY Slip Op 04540
Regular Panel Decision
Jul 28, 2021

Garcia v. Emerick Gross Real Estate, L.P.

David Garcia, an employee of Temperature Systems, Inc. (TSI), sustained personal injuries after falling from a ladder supplied by Emerick Gross Real Estate, L.P. (Emerick) while working at one of Emerick's properties. Garcia sued Emerick alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), and common-law negligence, prompting Emerick to file a third-party action against TSI for contractual indemnification. The Supreme Court, Nassau County, denied both Garcia's and Emerick's motions for summary judgment, and TSI's cross-motion for summary judgment dismissing the third-party complaint. Additionally, the Supreme Court granted Garcia's cross-motion for discovery sanctions against Emerick for spoliation of evidence, determining that Garcia was entitled to a negative inference at trial due to the disposal of the ladder. The Appellate Division, Second Department, affirmed the Supreme Court's order in its entirety, concluding that triable issues of fact existed regarding whether Garcia was a recalcitrant worker and the sole proximate cause of his injuries, and whether the alleged contractual indemnification provision was enforceable.

Personal InjuryLabor LawElevation-related HazardsSummary JudgmentContractual IndemnificationSpoliation of EvidenceNegative InferenceRecalcitrant WorkerProximate CauseSafe Place to Work
References
18
Case No. MISSING
Regular Panel Decision

Sikora v. Earth Leasing Property Ltd. Liability Co.

Plaintiff Maria Sikora sued Earth Leasing Property LLC after a slip and fall on ice on February 14, 2011. Defendant moved for summary judgment, arguing climatological records showed temperatures were above freezing, making ice formation impossible, and asserting a lack of notice of any ice. Plaintiff countered that meteorological data alone was insufficient without expert analysis, as ice could persist despite rising air temperatures, referencing pavement and wet-bulb temperatures. The court denied the defendant's motion, ruling that the climatological data did not conclusively prove the absence of ice, especially given prior cold temperatures. Furthermore, the defendant failed to establish a lack of actual or constructive notice, as the superintendent's testimony was conditional and no inspection records were kept.

slip and fallicy conditionssummary judgmentexpert affidavitclimatological dataconstructive noticepremises liabilitysidewalk liabilitymeteorological evidencenegligence
References
14
Case No. CAF 12-00442
Regular Panel Decision
Apr 26, 2013

M., ARIANNA, MTR. OF

The respondent father appealed from an order of fact-finding and disposition by the Family Court of Jefferson County, which determined he sexually abused and neglected two of his children and derivatively neglected another. The Appellate Division, Fourth Judicial Department, unanimously affirmed the order. The court found that the findings of abuse and neglect were supported by a preponderance of the evidence, deferring to the Family Court's determinations on inferences and credibility. Although the court erred in admitting a social worker's written report containing prior consistent statements, this error was deemed harmless as the Family Court did not rely on the report in its decision.

Family LawChild AbuseChild NeglectParental RightsAppellate ReviewHarmless ErrorCredibility AssessmentEvidence AdmissibilitySocial Worker ReportFamily Court Act
References
5
Case No. ADJ10157049
Regular
Mar 06, 2017

LUIS GUTIERREZ vs. BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

This case involves an applicant who suffered heat stroke while working in extreme temperatures. The defendant contested the finding of industrial injury, arguing medical evidence pointed to a non-industrial cause. However, the Workers' Compensation Appeals Board denied reconsideration. The Board affirmed the administrative law judge's decision, finding substantial evidence supported the conclusion that the applicant's heat stroke was causally related to his employment. This ruling emphasizes the liberal construction of workers' compensation laws in favor of applicants.

Heat strokeIndustrial injuryCausationPre-existing conditionSubstantial medical evidenceWCJPetition for reconsiderationCourse of employmentArising out of employmentHigh heat
References
9
Case No. MISSING
Regular Panel Decision

Claim of Mazayoff v. A.C.V.L. Companies, Inc.

Claimant, a security guard, appealed a Workers’ Compensation Board decision denying benefits for bronchial asthma, which he attributed to work conditions like car fumes and extreme temperatures. The Board found no causally related injury or occupational disease. The appellate court affirmed, stating the Board's decision was supported by substantial medical evidence. Two physicians, Alan Schecter and Jonathan Sumner, concluded that claimant's asthma could not be determined with medical certainty to be caused by his work environment, despite potential exacerbation. The court upheld the Board's deference in resolving conflicting medical testimony.

Workers' CompensationBronchial AsthmaOccupational DiseaseAccidental InjuryCausal RelationshipMedical EvidenceAppellate ReviewSubstantial EvidenceSecurity GuardEnvironmental Conditions
References
14
Case No. MISSING
Regular Panel Decision
Nov 22, 1968

Claim of Fries v. Ridge Lumber, Inc.

This case involves an appeal from a Workmen’s Compensation Board decision. The Board affirmed a compensation award for accidental frostbite of both feet for claimant Fries, a truck driver for Ridge Lumber, Inc., from January 12, 1968, to April 8, 1968. However, the Board rescinded payments after this date and restored the claim for further proceedings regarding subsequent disability. The appellants contended that temperatures were higher than claimed and noted a lack of medical evidence regarding causal relationship. The court reversed the Board's decision and remitted the claim for further proceedings, emphasizing the necessity of medical testimony on causal relation.

Workers' CompensationFrostbiteCausal RelationshipMedical EvidenceDisability BenefitsTruck DriverYard WorkerRemittalAppellate DivisionBoard Decision
References
4
Case No. MISSING
Regular Panel Decision

Cortijo v. Ilfin Corp.

A decedent, employed as a building superintendent, was found dead from a 12-gauge shotgun wound on his employer's premises during working hours. The Workers' Compensation Board determined that the unexplained death, occurring on the employer's property and during working hours, raised a presumption of compensability under section 21 of the Workers' Compensation Law. This presumption led to the conclusion that the death arose out of and in the course of employment, justifying an award of death benefits to the claimant. The Board found that police testimony regarding the decedent's prior illegal activities was insufficient to rebut this statutory presumption. The appellate court affirmed the Board's decisions, finding them supported by substantial evidence.

Workers' CompensationDeath BenefitsPresumption of CompensabilityUnexplained DeathEmployment InjuryOn-Premises DeathStatutory PresumptionRebuttal of PresumptionSubstantial EvidenceAppellate Review
References
0
Case No. MISSING
Regular Panel Decision

Maryland Casualty Co. v. Morua

Alfredo R. Valdez died of alleged heat exhaustion while working at The Texas Company's refinery in Port Arthur. His daughters, Herminie Valdez Morua and Esther Valdez, sued for death benefits. A jury initially found in favor of the plaintiffs, but The Texas Company appealed, arguing insufficient evidence for heat exhaustion. The appellate court found that enough evidence was presented to raise the issue for the jury. However, the judgment was reversed and remanded for a new trial due to jury misconduct, as several jurors discussed personal experiences with refinery stills during deliberations, which contradicted witness testimony on critical temperature conditions.

Workers' CompensationDeath BenefitsHeat ExhaustionJury MisconductDirected VerdictProbative Force of EvidenceAppellate ReviewIndustrial AccidentRefinery Work ConditionsCausation
References
12
Case No. 2015 NY Slip Op 04586 [129 AD3d 409]
Regular Panel Decision
Jun 02, 2015

Keita v. City of New York

The plaintiff, Alima Keita, fell on an alleged hazardous icy stairway. Defendants moved for summary judgment dismissing the negligence cause of action, contending they neither created nor had actual or constructive notice of the condition. They presented climatological data showing no significant precipitation prior to the fall and temperatures above freezing. The court also addressed the third-party complaint for contractual and common-law indemnification against Beau Dietl & Associates, the plaintiff's employer. The Appellate Division modified the lower court's order, granting the defendants' motion for summary judgment and dismissing the complaint, finding that the defendants established a prima facie case against the negligence claim.

NegligenceSummary JudgmentIcy ConditionHazardous ConditionPremises LiabilityContractual IndemnificationCommon-Law IndemnificationContributionWorkers' Compensation Law § 11Grave Injury
References
6
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