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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

City of New York v. Unsafe Building & Structure Number 97 Columbia Heights

The City of New York filed a motion to tax and adjust costs and disbursements related to an Unsafe Building proceeding for a property at 97 Columbia Street, Brooklyn, following a major fire in February 1980. The city sought judgment for demolition costs incurred after a court precept was issued. The respondent owner, 97 Columbia Heights Housing Corp., challenged the city's claim, arguing that the demolition lacked competitive bidding and that the owner was denied an opportunity to perform the work. Justice Gerald Adler found no merit in the respondent's contentions, ruling that an emergency justified bypassing competitive bidding and that the owner failed to meet the conditions to perform the work themselves. The court ultimately granted the city's motion in all respects.

Unsafe BuildingDemolition CostsEmergency DemolitionCompetitive Bidding ExemptionAdministrative CodeGeneral Municipal LawProperty Owner ResponsibilityMechanic's LienFire DamagePublic Safety
References
0
Case No. MISSING
Regular Panel Decision

Acosta v. Wollett

This case involves a CPLR article 78 proceeding where public employees (petitioners) challenged a determination by the Director of Employee Relations that they engaged in an illegal strike. The employees refused to work at a temporary office location ("Ben's") citing unsafe and substandard conditions, including lack of heating, electrical hazards, and limited exits, and the absence of a certificate of occupancy. While they performed other clerical work, they refused to process unemployment claims at Ben's. The court found their refusal to work at the assigned location, despite their safety concerns, constituted a work stoppage or slowdown in violation of the Civil Service Law, affirming the initial determination and dismissing their petitions. A dissenting opinion argued that the employees' actions were driven by a genuine and reasonable fear for their safety due to the deplorable working conditions.

Public Sector Labor DisputeStrike ProhibitionEmployee Safety ConcernsSubstandard Workplace ConditionsCPLR Article 78 ReviewTaylor Law ViolationWork StoppageCertificate of OccupancyPublic Employee UnionsConcerted Activity
References
3
Case No. MISSING
Regular Panel Decision

Baumann v. Walsh

Plaintiff John Baumann, an inmate, filed a civil rights complaint under 42 U.S.C. § 1983 alleging violations of his Eighth and Fourteenth Amendment rights against several prison officials, including claims of inadequate medical care and unsafe working conditions. The Court reviewed a Magistrate Judge's Report-Recommendation. Plaintiff's motions for summary judgment were denied. The Court granted summary judgment for most defendants and dismissed all Fourteenth Amendment and state law claims. However, summary judgment was denied for Defendant McCollum concerning Eighth Amendment claims, as genuine issues of material fact exist regarding deliberate indifference to Plaintiff's serious medical needs and exposure to unsafe working conditions. The case will now proceed with Defendant McCollum as the sole remaining defendant.

Civil Rights ComplaintEighth Amendment ViolationDeliberate IndifferenceSerious Medical NeedsUnsafe Prison ConditionsSummary Judgment MotionMagistrate Judge ReportPrisoner LitigationFederal JurisdictionConstitutional Law
References
26
Case No. 535536
Regular Panel Decision
Jul 20, 2023

In the Matter of the Claim of Sheldon Matthews

Sheldon Matthews, a train conductor, appealed a decision by the Workers' Compensation Board, which disallowed his claim for benefits. Matthews alleged that his high-risk exposure to coronavirus and an unsafe work environment exacerbated his pre-existing psychiatric conditions, causing anxiety. His treating psychologist, Michelle Dziedzic, and a long-term psychiatrist opined that his conditions were exacerbated by work-related COVID-19 fears and lack of safety measures. However, a Workers' Compensation Law Judge (WCLJ) and subsequently the Board found that the stress experienced by Matthews was not greater than that of similarly situated workers during the pandemic, which is a requirement for compensability of mental injuries arising from work-related stress. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that his fear of contracting COVID-19 and his work environment did not result in stress greater than that experienced by other train operators during the pandemic, especially since he did not contract the virus.

AnxietyDepressionPTSDCOVID-19Work-Related StressMental Health InjuryCompensabilityTrain ConductorPersonal Protective EquipmentExacerbated Preexisting Condition
References
20
Case No. MISSING
Regular Panel Decision

McGlone v. Contract Callers, Inc.

Plaintiff Michael McGlone initiated a Fair Labor Standards Act (FLSA) action against Contract Callers, Inc. (CCI), Michael McGuire, and William Tim Wertz, alleging unpaid overtime for work performed before and after recorded workdays and during meal breaks. McGlone sought conditional certification for a nationwide collective action of Field Service Representatives (FSRs), asserting a common policy of wage violations, including uncompensated preparatory and concluding tasks, and automatic meal break deductions despite working through them. The court applied a two-step analysis for FLSA collective actions, focusing on the lenient "notice stage" standard. While the plaintiff claimed company-wide misconduct, his evidence for a nationwide class was deemed insufficient, relying primarily on "information and belief." Consequently, the court denied conditional certification for a nationwide class but granted it for FSRs employed in CCI's New York Division, where McGlone demonstrated direct personal knowledge of the alleged violations and supervisory directives. Additionally, the statute of limitations was equitably tolled as of the motion's filing date due to the court's processing time.

FLSACollective ActionConditional CertificationOvertime PayWage ViolationsMeal BreaksUncompensated WorkField Service RepresentativesEquitable TollingNew York Division
References
28
Case No. MISSING
Regular Panel Decision

Claim Eccles v. Truck-Lite, Inc.

The claimant sustained a head injury after falling from a chair at work and sought workers' compensation benefits. The employer and its carrier disputed the claim, attributing the fall to a non-work-related medical condition. The Workers' Compensation Board ruled that the accident and injuries were not caused by the claimant's preexisting diabetic condition and awarded benefits. The employer and carrier appealed. The court affirmed the Board's decision, noting the Board's authority to assess witness credibility and medical expert opinions, and found the presumption of compensability under Workers’ Compensation Law § 21 had not been rebutted. The court also upheld the Board's rejection of the argument that the claim should be denied due to a violation of Workers’ Compensation Law § 114-a.

Workers' CompensationFall from ChairHead InjuryDiabetic ConditionHypoglycemiaPresumption of CompensabilityCredibility AssessmentMedical Expert OpinionAppellate ReviewSection 21 WCL
References
4
Case No. MISSING
Regular Panel Decision

Bradford v. Logan's Roadhouse, Inc.

This case is a proposed nationwide collective action brought under the Fair Labor Standards Act (FLSA) against Logan's Roadhouse, Inc., LRI Holdings, Inc., and Roadhouse Holding, Inc. Plaintiffs Carey Bradford and Cody Bolen, along with over a hundred opt-in plaintiffs, allege that LRI failed to properly compensate its tipped employees. The alleged violations include requiring tipped employees to perform non-tip producing work for sub-minimum wages, working "off-the-clock," and being forced to report "phantom tips" to avoid supplemental wage contributions. The plaintiffs sought conditional certification of a nationwide class of current and former tipped employees. The court granted the motion for conditional certification in part, finding that the plaintiffs made a "modest factual showing" that they were "similarly situated" and presented sufficient evidence of common FLSA-violating practices across LRI's restaurants in multiple states. The court also ordered LRI to provide names and addresses of potential class members for notice but denied requests for email addresses, social security numbers, and telephone numbers, as well as premature equitable tolling of the statute of limitations. The parties were directed to confer on the notice and consent protocol.

Fair Labor Standards Act (FLSA)Tipped EmployeesWage and Hour ViolationsCollective ActionConditional CertificationOff-the-Clock WorkMinimum WageOvertime PayEmployer PracticesClass Action Notice
References
36
Case No. MISSING
Regular Panel Decision

Campbell Cleaning & Dye Works, Inc. v. Porter

This case concerns an appeal regarding a lawsuit filed by Jack Porter and his wife against Campbell Cleaning & Dye Works, Inc. The plaintiffs sought 630 hours of overtime pay for Mrs. Porter, who worked as a laundress, under Article 5169 of Vernon’s Ann.Civ.Statutes. The defendant contended that recovery was not possible as Mrs. Porter also worked in the dry cleaning department, not exclusively the laundry. The trial court found the departments intermingled, making differentiation impossible. The appellate court affirmed the finding that the work fell under the statute but reversed the award of attorney's fees, deeming them non-recoverable.

Overtime PayLaundry IndustryDry CleaningEmployment LawWage DisputeStatutory InterpretationAttorney's FeesTexas Civil ProcedureAppeal DecisionWorker Classification
References
3
Case No. 2015 NY Slip Op 04773 [129 AD3d 471]
Regular Panel Decision
Jun 09, 2015

Serowik v. Leardon Boiler Works Inc.

Jozef Serowik, an employee of GDT, sustained severe hand injuries while lowering a heavy tank, which was part of a boiler installation. The incident led to claims under Labor Law sections. The Supreme Court, Bronx County, initially granted Serowik partial summary judgment on liability under Labor Law § 240 (1). Defendants appealed, and the Appellate Division, First Department, modified the Supreme Court's order. The appellate court dismissed Serowik's common law negligence and Labor Law § 200 claims, and granted conditional summary judgment on common law indemnification to the defendants. However, the Appellate Division affirmed the finding of liability against defendants under Labor Law § 240 (1), determining that Leardon Boiler Works Inc. could be held liable as an agent of the owner.

Labor LawWorkplace InjurySummary JudgmentIndemnificationAppellate ReviewGravity AccidentScaffolding LawOwner LiabilityContractor LiabilityProximate Cause
References
5
Case No. MISSING
Regular Panel Decision

Alonso v. Stanley Works, Inc.

Antonio Alonso sued his employer, The Stanley Works, Inc., alleging retaliatory discharge after his employment was terminated while on medical leave for a work-related injury, claiming it was due to his workers' compensation claim. Stanley Works moved for summary judgment, asserting Alonso was terminated under a uniformly enforced six-month leave of absence policy. The trial court granted summary judgment, finding Alonso failed to provide evidence that his termination would not have occurred but for his workers' compensation claim. The appellate court affirmed the trial court's judgment, concluding that the uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge under the Texas Labor Code.

Retaliatory DischargeWorkers' CompensationSummary JudgmentLeave of Absence PolicyUniform EnforcementTexas Labor CodeEmployment TerminationAbsence Control PolicyAppellate ReviewWorkplace Injury
References
4
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