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

Case No. 2023 NY Slip Op 00983 [213 AD3d 905]
Regular Panel Decision
Feb 22, 2023

Castano v. Algonquin Gas Transmission, LLC

Nick Castano, the plaintiff, appealed an order from the Supreme Court, Dutchess County, in his personal injury action against Algonquin Gas Transmission, LLC, and Henkels & McCoy, Inc., alleging Labor Law violations. Castano sustained injuries while working on a pipeline project when a heavy pipe allegedly struck his leg. The Supreme Court had previously granted the defendants' motion to dismiss the Labor Law § 240 (1) claim and denied Castano's cross-motions for summary judgment and to amend his bill of particulars. The Appellate Division modified the order, denying the defendants' motion to dismiss the Labor Law § 240 (1) claim and granting Castano leave to amend his bill of particulars. However, the Appellate Division affirmed the denial of Castano's cross-motion for summary judgment on the issue of liability, noting the existence of triable issues of fact regarding proximate causation and the adequacy of safety devices.

Personal InjuryLabor LawSummary JudgmentAppellate ReviewConstruction AccidentFalling ObjectElevation-Related RiskPipeline ProjectIndustrial CodePleading Amendment
References
17
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
Case No. ADJ16130330
Regular
Apr 11, 2025

EVELYN PEREZ vs. ANTELOPE VALLEY HOSPITAL, ATHENS ADMINISTRATORS

The defendant sought reconsideration of a prior decision regarding the date of injury for applicant Evelyn Perez. The Appeals Board found that while the parties were not properly notified of the case's transmission, this did not affect the Board's timely action. The defendant contended an earlier date of injury based on medical records. However, the Board determined there was insufficient evidence that the applicant knew or should have known her disability was industrially caused before May 24, 2022, when Dr. Mooney reported cumulative trauma and disability. Consequently, the Petition for Reconsideration was denied.

Labor Code section 5412date of injurycumulative injurydisabilityknowledge of employment causationorthopedic complaintsregistered nursetransmission of casePetition for ReconsiderationWorkers' Compensation Appeals Board
References
8
Case No. MISSING
Regular Panel Decision
Nov 27, 2002

Fredenburg v. Emerson Power Transmission

The claimant, who worked for an employer since 1990, was exposed to chemicals including a black powdery lubricant known as molykote. She experienced respiratory problems, specifically asthma, which became significantly disabling from September 1999, prompting her to stop working in February 2000 and file a claim for workers' compensation benefits in December 1999. The Workers’ Compensation Board modified an earlier decision, ruling that the claimant established an occupational disease due to the aggravation of her preexisting asthmatic condition. The employer appealed, contending that the condition was active since 1993 and that molykote levels were within OSHA guidelines. However, the appellate court affirmed the Board's decision, finding that the asthma was dormant and non-disabling prior to September 1999, and her exposure to molykote at work caused it to become disabling. The court also deemed the claim timely, as September 7, 1999, was identified as the date of disablement when claimant sought treatment and learned of the connection to molykote.

Occupational diseaseasthmachemical exposuremolykotepreexisting conditionaggravationworkers' compensationdisablementtimelinessOSHA guidelines
References
9
Case No. MISSING
Regular Panel Decision

Boyette v. Algonquin Gas Transmission Co.

Plaintiff Clayton Larry Boyette, joined by his wife Delores, sued Algonquin Gas Transmission Co. for negligence and New York Labor Law violations after a fall on Algonquin's property. Algonquin impleaded its contractor, Dick Enterprises, Inc., asserting contractual duties of defense, indemnity, and insurance. Algonquin moved for summary judgment, seeking no liability to Boyette and contractual liability from Dick. The court granted summary judgment for Algonquin and Dick on the Labor Law § 241(6) claim, finding no violation of the industrial code's specific tripping hazard rules. However, the motion was denied regarding common law negligence and Labor Law § 200 claims, due to unresolved factual disputes about Algonquin's supervisory control. The court also denied summary judgment on Dick's indemnification duty, pending a negligence determination, but granted it on Dick's obligation to procure insurance, concluding that this duty had been fulfilled.

Summary JudgmentNegligenceNew York Labor Law § 200New York Labor Law § 241(6)IndemnificationInsurance ObligationConstruction Site AccidentContract DisputeThird-Party LiabilitySafe Place to Work
References
27
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
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