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

Case No. 89 CV 3290
Regular Panel Decision

United Brotherhood of Carpenters & Joiners of America v. Tile Helpers Union Local 88

This case involves three related actions where the plaintiff, the United Brotherhood of Carpenters and Joiners of America ('Carpenters'), seeks to recover assets from unnamed defendant local unions. The local unions had disaffiliated from the Tile, Marble, Terrazzo, Finishers, Shop-workers and Granite Cutters International Union ('Tile Workers'), which subsequently merged into the Carpenters. The Carpenters assert that the local unions were obligated to forfeit their assets upon disaffiliation according to the Tile Workers' constitution. The defendant local unions raised affirmative defenses, challenging the Carpenters' standing by disputing the validity of the merger due to an allegedly improperly adopted constitutional amendment and a failure to disclose 'imprudent' investments. The court ruled that the defendant local unions lacked standing to challenge the internal union merger process and consequently struck their affirmative defenses. The court also denied the Carpenters' motion to add the Tile Workers as a plaintiff.

Union DisaffiliationAsset RecoveryLabor Union MergerStanding DoctrineAffirmative DefenseLabor LawInternal Union AffairsFederal JurisdictionWorkers' RightsConstitutional Amendment Challenge
References
15
Case No. 2022 NY Slip Op 00945 [202 AD3d 509]
Regular Panel Decision
Feb 10, 2022

O'Flaherty v. Columbo

Plaintiff Brian O'Flaherty alleges severe, permanent injuries from an assault by employees of defendant Burgess at a construction site. Plaintiff sued multiple defendants, including TJM Construction, a subcontractor, which then initiated third-party actions against plaintiff's employer, Jackson Installation. Jackson Installation moved for summary judgment arguing the claims were barred by Workers' Compensation Law exclusivity provisions as no "grave injury" was alleged. The motion court properly denied Jackson Installation's motion, finding it failed to prima facie establish that plaintiff's injuries were not "grave." The court also found TJM Construction's argument regarding incomplete discovery on plaintiff's medical condition sufficient to deny the motion as premature. The Appellate Division, First Department, unanimously affirmed the lower court's decision.

Construction site injuryAssaultWorkers' Compensation LawGrave injurySummary judgmentCommon-law indemnificationContributionDiscoveryPremature motionAppellate review
References
5
Case No. MISSING
Regular Panel Decision

Nardolillo v. Sovinsky

Plaintiffs, members of the Tile, Marble and Terrazzo Helpers Subordinate Union No. 8, sought to recover funds contributed by their employer to a trust fund. They argued that the discontinuation of employer contributions rendered them ineligible for benefits, making the trust's purpose impossible and leading to unjust enrichment by the fund. Defendants countered that such payments would violate the trust agreement and IRS provisions, maintaining that plaintiffs remained eligible. The court determined that the fund was a common trust, not individual escrowed accounts, and upheld the trustees' interpretation that ensured plaintiffs' continued eligibility, preventing a forfeiture of rights. Consequently, the plaintiffs' motion was denied, and the defendants' motion to dismiss was granted.

Union Trust FundEmployee BenefitsEmployer ContributionsTrust AgreementBenefit EligibilityFund AdministrationBreach of TrustFiduciary DutyDismissal MotionLabor-Management Relations Act
References
6
Case No. MISSING
Regular Panel Decision

United Brotherhood of Carpenters Joiners v. Tile Helpers Union Local 88

This case involves the disaffiliation of Tile Finishers Union Local No 88 (old Local 88) from its parent, TMT International Union, to join the Bricklayers. Subsequently, TMT International merged into United Brotherhood of Carpenters and Joiners of American (the Carpenters). The Carpenters, as successor to TMT International, sued the new local (Tile Helpers Union Local 88), a Mortuary Fund, and former officers, seeking damages and asset transfer, claiming old Local 88 improperly transferred assets into a mortuary account to evade forfeiture to TMT International. The court found the Carpenters' attempt to establish a trusteeship over old Local 88 invalid. However, it upheld the validity of establishing the mortuary fund by old Local 88, despite the intention to evade forfeiture, as the local's by-laws implicitly permitted such funds. Claims regarding other asset expenditures and return of books and records were referred to a Magistrate Judge.

DisaffiliationUnion AssetsMortuary FundTrusteeshipLabor-Management Relations ActLabor-Management Reporting and Disclosure ActSummary JudgmentLocal UnionInternational UnionBreach of Contract
References
3
Case No. MISSING
Regular Panel Decision

Leubner v. McNeil

Plaintiff, a maintenance worker, was injured after falling from a stepladder while attempting to repair loose ceiling insulation in a building leased by the defendants. The work involved removing ceiling tiles and installing furring strips to correct a drafty condition. The Supreme Court granted the plaintiff's cross-motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). Defendants appealed, arguing that the work constituted routine maintenance and was not covered by the statute. The appellate court affirmed the Supreme Court's order, determining that the plaintiff's work to correct improperly installed insulation was not routine maintenance and therefore fell within the scope of Labor Law § 240 (1).

Workplace InjuryLabor LawFalling from HeightLadder AccidentSummary JudgmentAppellate DecisionBuilding MaintenanceCeiling CollapseInsulation RepairWorker Protection
References
6
Case No. 2023 NY Slip Op 06781 [222 AD3d 1291]
Regular Panel Decision
Dec 28, 2023

Matter of Reyes v. Nationwide Furniture Installers

Claimant Audis Reyes, a construction worker, established a workers' compensation claim in 2018 for causally-related chronic rhinitis, chronic sinusitis, asthma, and drug-induced diabetes following cleanup work after the World Trade Center attacks. He was initially classified with a permanent partial disability and a 55% wage-earning capacity. Reyes sought reclassification to a total industrial disability, which was denied by a Workers' Compensation Law Judge and subsequently upheld by the Workers' Compensation Board. On appeal, the Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board properly considered vocational factors and that its determination of no total industrial disability was supported by substantial evidence from vocational rehabilitation experts.

Workers' CompensationPermanent Partial DisabilityTotal Industrial DisabilityWage-Earning CapacityVocational FactorsAppellate ReviewSubstantial EvidenceWorld Trade Center ClaimsChronic RhinitisAsthma
References
9
Case No. 2019 NY Slip Op 04251 [172 AD3d 1852]
Regular Panel Decision
May 30, 2019

Matter of Aldea v. Damari Installations Corp.

Claimant Niegel Aldea, a scaffold builder, appealed a Workers' Compensation Board decision denying his claim for benefits for a lower back injury allegedly sustained on September 13, 2016, while lifting planks at work. The Workers' Compensation Law Judge initially established the claim, crediting Aldea's testimony. However, the Board reversed, finding insufficient evidence that a compensable work-related accident occurred and that timely notice was provided. The Appellate Division, Third Department, affirmed the Board's decision, deferring to its credibility assessment and concluding that the decision was supported by substantial evidence. The court found no merit in Aldea's remaining contentions.

Workers' CompensationScope of EmploymentNotice of InjuryCredibility AssessmentSubstantial EvidenceScaffold BuilderBack InjuryAppellate ReviewClaim DenialInjury Causation
References
9
Case No. 534802
Regular Panel Decision
Sep 21, 2023

Matter of Ayars v. Navillus Tile Co.

Claimant Mario Ayars, a cement and concrete laborer, sustained a right knee injury in January 2017. His workers' compensation claim was established, and he was evaluated for permanency. A Workers' Compensation Law Judge found a 66.67% schedule loss of use (SLU) of his right leg, but the Workers' Compensation Board later determined a 20% SLU. The Board's decision was based on its assessment that medical opinions were inconsistent with impairment guidelines and applied inapplicable special considerations. The Appellate Division, Third Department, reversed this decision, finding it was based on an inaccurate reading of the medical record, specifically regarding Dr. DiBenedetto's IME report. The case has been remitted to the Workers' Compensation Board for a proper assessment of the evidence and a redetermination of the SLU or classification.

Workers' CompensationSchedule Loss of UseRight Knee InjuryIndependent Medical ExaminationMedical GuidelinesImpairment AssessmentAppellate ReviewRemittalConflicting Medical OpinionsKnee Surgery
References
15
Case No. MISSING
Regular Panel Decision

Claim of Young v. Ceramic Tile Contractors

Claimant suffered a severe back injury in 1989, leading to permanent total disability. His treating physician recommended a therapeutic whirlpool at home, which the Workers’ Compensation Board authorized. The carrier, overseeing the renovations, faced issues when improper installation caused significant home damage and biohazardous fungus. Disputes also arose over the carrier’s obligation to pay for approved limousine transportation for the claimant. The Board affirmed that the carrier was liable for the home repairs due to its control over the project and for the transportation, finding it a less expensive alternative to an ambulance. The decision and amended decision of the Workers' Compensation Board were affirmed.

Workers' Compensation BoardPermanent Total DisabilityTherapeutic WhirlpoolHome ModificationsMedical NecessityCarrier ResponsibilityDefective WorkBiohazardous FungusTransportation ServicesLimousine Transportation
References
6
Case No. MISSING
Regular Panel Decision
Dec 14, 2010

Ghany v. BC Tile Contractors, Inc.

A stonemason sustained injuries to his knee and wrist after tripping over a small stone while carrying a heavy stone at a worksite. The court affirmed the dismissal of the plaintiff's Labor Law § 240 (1) claim, finding the fall was due to a ground-level trip, not a direct consequence of gravity. The Labor Law § 241 (6) claim was also dismissed because the accident occurred in an open, grassy area, not a designated passageway, and the small stone was an inherent result of the work. Common-law negligence and Labor Law § 200 claims against the general contractor, A.F. & Sons, LLC, were dismissed due to lack of evidence of supervision, control, or notice of the alleged defect. Similar claims against BC Tile Contractors, Inc. were dismissed as it was merely a subcontractor, not a general contractor, and did not supervise the plaintiff's employer.

Labor Law § 240(1)Labor Law § 241(6)Labor Law § 200Summary JudgmentAppellate AffirmationTripping HazardWorksite SafetyGeneral Contractor LiabilitySubcontractor LiabilityBronx County Court
References
10
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