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

Case No. MISSING
Regular Panel Decision
Mar 20, 1981

Claim of Sandles v. Suffolk County Police Department

Claimant sustained compensable injuries in 1961, and their compensation case was closed in 1963 pending the outcome of a third-party action. Travelers Insurance Co., the compensation carrier, was aware of the third-party action and reduced its lien, leading to a settlement in 1968. After the case was reopened in 1977 due to recurring back problems, Travelers argued that it had not consented to the third-party settlement, barring further compensation under Workers' Compensation Law § 29, and that the Special Fund for Reopened Cases should be liable under § 25-a. The Workers’ Compensation Board rejected both arguments, finding implied consent from Travelers based on evidence of lien reduction and correspondence, and determining that the original case closing was not a true closing for purposes of § 25-a. The appellate court affirmed the board's findings, concluding they were supported by substantial evidence.

Third-Party Action SettlementCarrier ConsentLien ReductionCase ReopeningSpecial Fund LiabilitySection 29 WCLSection 25-a WCLImplied ConsentFactual QuestionSubstantial Evidence
References
7
Case No. MISSING
Regular Panel Decision

DeRosa v. Petrylak

This case concerns an appeal and cross-appeal regarding a third-party personal injury settlement and an insurance lien. The plaintiff, DeRosa's widow, initially received workers' compensation death benefits after her husband's work-related automobile accident. She subsequently settled a third-party claim against Petrylak's estate, the driver of the vehicle, without the workers' compensation carrier's (Aetna) prior consent or court approval. This led Aetna to refuse further death benefits. The Supreme Court granted nunc pro tunc approval of the third-party settlement, finding the delay justified by the plaintiff's belief of no lien due to the fellow-employee rule and the initial uncertainty of benefit entitlement. However, the Supreme Court declined to reduce Aetna's insurance lien. The Appellate Division affirmed both orders, concluding that the Supreme Court properly exercised its discretion in granting nunc pro tunc approval.

Workers' Compensation Law § 29Nunc Pro Tunc ApprovalThird-Party SettlementInsurance LienFellow Employee DoctrineAutomobile Accident DeathWorkers' Compensation Death BenefitsAppellate ReviewCarrier ConsentStatutory Interpretation
References
3
Case No. 2024 NY Slip Op 04519
Regular Panel Decision
Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary
References
8
Case No. 2016 NY Slip Op 04809 [140 AD3d 532]
Regular Panel Decision
Jun 16, 2016

Masi v. Cassone Trailer & Container Co.

The Appellate Division, First Department, affirmed an order from the Supreme Court, Bronx County, which denied motions for summary judgment by defendant Cassone Leasing Inc. and third-party defendant LKQ Hunts Point Auto Parts Corp. The case involved Anthony Masi's personal injury claims against various defendants, including Cassone Trailer & Container Co. and Cassone Leasing Inc. The court clarified that a prior settlement agreement under Workers' Compensation Law § 32, entered into by Masi and his employer LKQ, only settled workers' compensation claims and did not release personal injury claims against other defendants. Furthermore, a subsequent broad release agreement between Masi and LKQ released claims solely in favor of LKQ, not extending to other defendants in the personal injury suit. The court did not address whether the release barred third-party actions against LKQ, as that issue was not raised below.

Summary judgmentPersonal injury claimsWorkers' Compensation LawSettlement agreementRelease agreementThird-party actionsAppellate reviewDismissal motionScope of releaseEmployer liability
References
1
Case No. 2021 NY Slip Op 01354
Regular Panel Decision
Mar 09, 2021

Deschaine v. Tricon Constr., LLC

The New York Appellate Division, First Department, affirmed an order which granted motions to renew filed by third-party plaintiffs Dollar Tree Stores, Inc., Michael Boyle, and Tricon Construction, LLC along with C.P. Plaza Limited Partnership. The motions sought to vacate a previous order that had dismissed their third-party claims for contribution and common-law indemnification against AMZ Construction Services, Inc. Upon renewal, these claims were reinstated. The court found that new expert reports submitted by the plaintiff, Robert Deschaine, raised a factual dispute regarding whether he sustained a 'grave injury' as defined by Workers' Compensation Law § 11, specifically brain injuries that rendered him unemployable in any capacity. This issue of fact justified the renewal and reinstatement of the third-party claims.

Appellate PracticeRenewal MotionSummary JudgmentContribution ClaimsIndemnification ClaimsGrave InjuryWorkers' Compensation LawBrain InjuriesUnemployabilityProcedural Law
References
2
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
Case No. MISSING
Regular Panel Decision
Feb 21, 1986

Claim of King v. New York City Board of Education

The claimant, a neighborhood aide for the New York City Board of Education, was injured after slipping and falling. Initially, the employer rejected the compensation claim, but a WCLJ and the Workers’ Compensation Board affirmed a compensable accident. Later, it was discovered the claimant settled a third-party action against the State without the employer's consent or knowledge. Consequently, the Board rescinded previously awarded compensation benefits, citing the unauthorized settlement, but upheld a 20% penalty against the employer for failing to make timely payments. The appellate court affirmed this decision, ruling that the claimant forfeited her right to compensation payments due to the settlement of the third-party action without employer consent, as required by Workers’ Compensation Law § 29, rejecting the claimant's estoppel argument.

Workers' CompensationThird-Party SettlementUnauthorized SettlementForfeiture of BenefitsEmployer ConsentStatutory ComplianceWorkers' Compensation Law § 29Penalty for Non-PaymentAppellate DecisionNew York
References
3
Case No. 2022 NY Slip Op 05756 [209 AD3d 495]
Regular Panel Decision
Oct 13, 2022

Lopez v. 157-161 E. 28th St., LLC

This case involves an appeal concerning the dismissal of second third-party claims for breach of contract, unpaid overtime wages, and breach of constructive trust related to a construction project. The Appellate Division affirmed the Supreme Court's decision, determining that New Wave Contracting Corp., a subcontractor, was the direct employer of the individual second third-party plaintiffs, not the general contractors Iceberg Developing Co., LLC and Forkosh Construction Co., Inc. The court also found that signed lien waivers and releases by the individual second third-party plaintiffs validly barred their wage and contract claims, as payment was accepted without objection. Furthermore, constructive trust claims were correctly dismissed due to the lack of contractual privity between the individual second third-party plaintiffs and the general contractors.

Construction ProjectSubcontractor LiabilityWage ClaimsLien LawSummary JudgmentEmployer-Employee RelationshipContractual PrivityRelease WaiverAppellate ReviewThird-Party Claims
References
8
Case No. CA 10-02164
Regular Panel Decision
May 06, 2011

SIEGL, SALLY v. NEW PLAN EXCEL REALTY TRUST, INC.

Sally Siegl sustained injuries after falling in a parking lot owned by New Plan Excel Realty Trust, Inc. The fall was allegedly due to a depression in the parking lot caused by settlement of crushed stones used by AALCO Septic & Sewer, Inc., which had repaired a water main two months prior. New Plan brought a third-party action against AALCO for common-law indemnification and contribution. The Supreme Court granted AALCO's motion for summary judgment, dismissing the third-party complaint. On appeal, the Appellate Division affirmed the dismissal of the common-law indemnification claim, finding New Plan also negligent. The majority also affirmed the dismissal of the contribution claim, concluding AALCO did not owe an independent duty of care or launch a force of harm. A dissenting opinion argued that there was a question of fact regarding AALCO creating the dangerous condition, thus precluding summary judgment on the contribution claim.

Personal InjuryPremises LiabilitySummary JudgmentCommon-Law IndemnificationContributionNegligenceAppellate ReviewWater Main RepairParking LotHazardous Condition
References
12
Case No. MISSING
Regular Panel Decision
Jan 03, 1997

Marte v. St. John's University

This case involves an appeal concerning an interlocutory judgment related to a personal injury action. The defendant third-party plaintiff appealed a jury verdict that favored the third-party defendant on liability. The appellate court examined the principles of indemnification and contribution under Labor Law § 240 (1) and Workers’ Compensation Law § 11, particularly when an owner is found partially at fault. It was determined that the trial court erred by not allowing the apportionment of fault between the third-party plaintiff and the third-party defendant. Consequently, the interlocutory judgment was reversed, and a new trial was granted solely on the issue of proper fault apportionment.

Personal InjuryThird-Party ActionLabor LawWorkers' Compensation LawApportionment of FaultIndemnificationContributionJury VerdictAppellate ReviewInterlocutory Judgment
References
8
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