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Case Law Database

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

Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. MISSING
Regular Panel Decision

Bette & Cring, LLC v. Brandle Meadows, LLC

Petitioner, a construction manager, sought to compel respondent to provide a verified statement regarding trust funds for a construction project under Lien Law article 3-A, claiming the initial statement was deficient. The Supreme Court dismissed the petition, citing referral of the main contractual dispute to arbitration. On appeal, the court ruled that the arbitration did not negate the respondent's obligation to provide a compliant verified statement. The court found respondent's provided statement insufficient across multiple categories required by Lien Law § 75 (3). Consequently, the appeal court reversed the Supreme Court's order, denied respondent's motion to dismiss the appeal, granted the petition, and directed the respondent to furnish a compliant verified statement.

Lien LawVerified StatementConstruction ManagerTrust FundsArbitrationAppellate ReviewStatutory TrustReal Property ImprovementTrust BeneficiaryCompliance Deficiency
References
12
Case No. ADJ4641589
Regular
Mar 24, 2011

RONNEL FANIEL vs. CBS PERSONNEL HOLDINGS dba VENTURI STAFFING PARTNERS, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if the petition had been verified, they would have denied it on the merits based on the administrative law judge's report. The defendant's verified answer confirmed proper service of the Notice of Intention to Dismiss. Therefore, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedVerified AnswerNotice of Intention to DismissEAMSWorkers' Compensation Appeals BoardWCJReport and Recommendation
References
2
Case No. MISSING
Regular Panel Decision

Palacino v. Equity Management Group

In this case, Emanuel Palacino, a porter for Equity Management Group, was injured in an elevator accident. Equity Management Group moved to amend its answer to assert the affirmative defense of the Workers' Compensation Law, arguing Palacino was a special employee, and sought summary judgment. The Supreme Court, Queens County, denied Equity's motion. On appeal, the Appellate Division modified the order, granting Equity leave to amend its answer. However, the court found triable issues of fact concerning Palacino's special employee status and Equity's indemnification claim against Century Elevator Maintenance Corp., precluding summary judgment on those issues.

Personal InjuryWorkers' Compensation DefenseSpecial Employee StatusLeave to Amend AnswerSummary Judgment MotionIndemnification ClaimTriable Issues of FactAppellate ReviewElevator AccidentEmployer Liability
References
9
Case No. MISSING
Regular Panel Decision
Aug 30, 1979

Bay v. New York Medical College Flower & Fifth Avenue

In a medical malpractice action, defendants appealed an order from the Supreme Court, Queens County, that denied their motion for leave to serve an amended answer to include the affirmative defense of workers' compensation. The appellate court reversed the order, granting the motion and extending the defendants' time to answer. The court disagreed with the Special Term's determination that the defendants' two-year delay in seeking the amendment was unreasonable and that plaintiffs would be substantially prejudiced. It noted that the plaintiff wife failed to file a workers' compensation claim within the two-year period despite being aware of her condition and employment with the defendant hospital, implying potential eligibility for benefits. The decision clarifies that granting the motion does not preclude further exploration of whether workers' compensation is the exclusive remedy in cases where employees utilize employer-furnished services.

Medical MalpracticeWorkers' CompensationAffirmative DefenseAmended AnswerPrejudiceExclusive RemedyStatute of LimitationsAppellate ReviewEmployment BenefitsBreast Cancer
References
3
Case No. MISSING
Regular Panel Decision

Carlingford Australia General Insurance v. St. Paul Fire & Marine Insurance

This case involves a dispute between Carlingford Australia General Insurance Limited (plaintiff) and defendant reinsurers, including St. Paul Fire and Marine Insurance Company, Aetna Insurance Company, and CIGNA Corporation, along with broker Marsh & McLennan, Inc., concerning a worker's compensation reinsurance policy. The core issue revolves around whether the reinsurance was on an aggregate or per-occurrence basis. Defendants moved to amend their answers to introduce an affirmative defense and counterclaim for rescission, alleging the plaintiff concealed material facts about its premium arrangements with the insured (Courtaulds-Nilsen), which seemingly guaranteed the plaintiff a profit. The court, after reviewing arguments and relevant case law such as Sun Mutual Insurance Company v. Ocean Insurance Company and China Union Lines v. American Marine Underwriters, granted the reinsurers' motion to amend their answers, concluding that the arguments regarding the materiality of the non-disclosures address the merits and should be allowed to be tested.

Reinsurance DisputeWorker's Compensation InsuranceMotion to Amend PleadingsAffirmative DefenseCounterclaim for RescissionMaterial NondisclosureInsurance PremiumsUnderwriting PracticesBroker LiabilityContract Interpretation
References
10
Case No. MISSING
Regular Panel Decision

Holtz v. E & E Drilling & Testing Co.

The Supreme Court erred in denying defendant E & E Drilling and Testing Company, Inc. (EEDT) permission to serve an amended answer. The proposed amendment sought to allege that workers' compensation benefits constitute the plaintiff's sole remedy. The appellate court ruled that leave to amend should be freely granted, and the plaintiff failed to demonstrate any prejudice. Furthermore, the court identified a factual dispute regarding the decedent's employment status at the time of the accident, which means the defendant's defense cannot be deemed meritless as a matter of law. Consequently, the original order was unanimously reversed, and the defendant's motion to serve an amended answer was granted.

Workers' Compensation BenefitsAmended PleadingsAffirmative DefensesEmployment StatusSole Remedy DoctrineAppellate ReviewProcedural ErrorLeave to AmendMaterial Issue of FactDenial of Motion
References
8
Case No. MISSING
Regular Panel Decision

Wyso v. City of New York

In a wrongful death action, plaintiffs appealed an order from the Supreme Court, Queens County, which permitted the defendant to amend its answer. The amendment sought to add an affirmative defense asserting the exclusive remedy of workers’ compensation. The defendant’s motion to amend was granted approximately three years after the initial answer was served. The court affirmed the lower court's decision, finding no abuse of discretion. It reasoned that the plaintiffs were aware of the decedent's employment status and thus could not claim surprise or prejudice. The court also clarified that the workers' compensation defense is only waived if not raised until final disposition, concluding that the defendant’s alleged delay did not preclude the amendment.

Wrongful Death ActionWorkers' Compensation DefenseAmendment of PleadingsAffirmative DefenseCPLR 3025CPLR 3205PrejudiceLachesWaiverAppellate Review
References
6
Case No. MISSING
Regular Panel Decision
Jun 19, 1984

Goldstein v. Barco of California, Inc.

The fourth-party defendant, Nathan’s Famous of Massapequa, Inc., appealed an order from the Supreme Court, Nassau County, which denied its motion to amend its fourth-party answer. The proposed amendment aimed to plead the exclusive remedy of the Workers’ Compensation Law § 11 as an affirmative defense. The Supreme Court, Appellate Division, affirmed the order, holding that an employer may be liable in a third-party or fourth-party action for an employee's injury, even if a direct action by the employee against the employer would be barred by the Workers’ Compensation Law. The court cited precedent, including Dole v Dow Chem. Co., affirming that workers' compensation provisions do not bar such actions for indemnification or contribution. Consequently, the motion to amend the answer was deemed to be devoid of merit and was properly denied.

Workers' CompensationFourth-Party ActionAffirmative DefenseMotion to AmendIndemnificationContributionExclusive RemedyAppellate ReviewPersonal InjuryPleading Amendment
References
7
Case No. MISSING
Regular Panel Decision
Jul 10, 1992

Tushaj v. Elm Management Ass'n

The case involves an appeal concerning an order from the Supreme Court, Bronx County, dated July 10, 1992. Defendant Elm Management Association, Inc. sought to amend its answer to include a workers’ compensation affirmative defense and for summary judgment on that defense, but the initial motion was denied. The appellate court modified the order, granting Elm Management Association, Inc. leave to amend its answer to assert the defense, while affirming the remainder of the lower court's decision. Evidence from the plaintiff's deposition suggested Elm Management Association, Inc. exerted control over the plaintiff, raising a factual question about a potential special employment relationship and applicability of workers' compensation. The court emphasized that leave to amend pleadings should be freely granted unless there is evidence of prejudice or unfair surprise.

Workers' CompensationSpecial EmployeeAffirmative DefenseAmendment of PleadingsSummary JudgmentAppellate ProcedureEmployment RelationshipControl TestPrejudiceThird-Party Defendant
References
3
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