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

Case No. 2021 NY Slip Op 04121 [195 AD3d 998]
Regular Panel Decision
Jun 30, 2021

Fiscina v. Boro Rug & Carpet Warehouse Corp.

The plaintiff, Patricia Fiscina, allegedly sustained personal injuries after tripping over carpeting being installed by Fredy Cruz, a subcontractor for Boro Rug & Carpet Warehouse Corp., at her workplace. Fiscina commenced a personal injury action, and Boro Rug moved for summary judgment, contending Cruz was an independent contractor and Fiscina could not identify the cause of her fall. The Supreme Court denied Boro Rug's motion. On appeal, the Appellate Division affirmed the Supreme Court's order, finding triable issues of fact existed regarding whether Cruz was an independent contractor (given that Boro Rug required him to wear their branded shirts and claim employment) and whether the plaintiff could identify the cause of her fall.

independent contractorsummary judgmentpersonal injurytort liabilitypremises liabilityworkplace accidentcarpet installationemployer-employee relationshiptriable issue of factappellate review
References
12
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Ass'n of Uptown Converters, Inc. & Wholesale & Warehouse Workers Union

This case concerns an application for an injunction to stay action related to the designation of employer representatives for a security fund. The fund, contributed to by employers in contractual relations with Wholesale & Warehouse Workers Union, Local 65, provides employee benefits. Following the Taft-Hartley Law, which mandates equal representation in fund administration, trustees devised an election method for employer representatives. The petitioner employer association, dissatisfied with this method, demanded arbitration. The petitioner sought an injunction to halt the election process until arbitration concluded. The court, presided by Pecora, J., denied the application, citing a lack of legal warrant for such a procedure in a special arbitration proceeding and finding no irreparable injury would result from the election proceeding.

labour lawinjunctionarbitrationTaft-Hartley Actemployee benefitssecurity fundunion administrationemployer representationCivil Practice Actprocedural law
References
1
Case No. CA 10-00545
Regular Panel Decision
Feb 10, 2011

HAHN AUTOMOTIVE WAREHOUSE, INC. v. AMERICAN ZURICH INSURANCE COMPANY

Hahn Automotive Warehouse, Inc. (plaintiff) initiated a breach of contract action against American Zurich Insurance Company and Zurich American Insurance Company (defendants), contending that bills issued under insurance contracts were time-barred. Defendants counterclaimed for damages stemming from plaintiff's alleged breach of these contracts. The Supreme Court partially granted plaintiff's cross-motion, deeming counterclaims for debts arising over six years prior as time-barred. Concurrently, it permitted defendants to utilize a $400,000 letter of credit to satisfy any outstanding debt, including those deemed time-barred. On appeal, the Appellate Division affirmed the use of the letter of credit for time-barred debts, reasoning that the statute of limitations only bars the remedy, not the underlying obligation. The court also affirmed that defendants' counterclaims for debts over six years old were time-barred, as the right to demand payment accrued earlier. Finally, the court modified the order to dismiss plaintiff's second through fourth causes of action. A dissenting opinion argued that the counterclaims were not time-barred, asserting that the cause of action accrued upon demand and refusal of payment, not merely when the right to demand payment existed.

Breach of contractInsurance contractsStatute of limitationsLetter of creditSummary judgmentAppellate reviewContract interpretationTime-barred claimsAccrual of cause of actionRetrospective premiums
References
23
Case No. MISSING
Regular Panel Decision

Gleason v. Holman Contract Warehouse, Inc.

Plaintiff Timothy Gleason was injured in 1992 while unloading cargo in Kingston, New Hampshire. He was employed by third-party defendant Transport Associates, Inc., a Kentucky corporation. The cargo originated from a New York warehouse owned by defendant Holman Contract Warehouse, Inc. Gleason sued Holman, who then commenced a third-party action against Transport seeking contribution or indemnification. Transport moved to dismiss the third-party complaint based on New Hampshire's Workers' Compensation Law, which prohibits such claims against employers, and the Supreme Court granted the motion. Holman appealed, arguing New York Workers' Compensation Law should apply. The appellate court, applying New York's choice of law principles, affirmed the dismissal, concluding that New Hampshire had a greater interest in having its law applied due to the locus of the injury and the policy conflict regarding employer immunity.

Choice of LawWorkers' Compensation LawContribution ClaimIndemnification ClaimThird-Party ActionEmployer ImmunityInterstate ConflictPersonal InjuryTrucking AccidentNew Hampshire Law
References
7
Case No. MISSING
Regular Panel Decision

Bush v. Mechanicville Warehouse Corp.

This case involves an appeal from the denial of a third-party defendant's (Yankee One Dollar Stores, Inc.) motions for summary judgment against a defendant (Mechanicville Warehouse Corp.). The plaintiff, Bush, was injured at work and sued Mechanicville, who then brought a third-party action against Yankee for indemnification. Yankee argued that plaintiff did not sustain a 'grave injury' under Workers’ Compensation Law § 11 and that there was no written contractual indemnification agreement. The appellate court affirmed the denial of summary judgment regarding the 'grave injury' claim, finding sufficient evidence of permanent total disability due to a traumatic brain injury. However, the court reversed the denial of summary judgment for contractual indemnification, ruling that Workers’ Compensation Law § 11 requires an *express written contract* of indemnification from the employer, which was not present between Yankee and Mechanicville.

Summary JudgmentThird-Party ActionWorkers' Compensation Law § 11Grave InjuryContractual IndemnificationBrain InjuryPermanent Total DisabilityHoldover TenantExpress AgreementAppellate Review
References
18
Case No. 2019 NY Slip Op 05821 [174 AD3d 1245]
Regular Panel Decision
Jul 25, 2019

Matter of Ledney v. Boat-N-RV Warehouse

Claimant Chad Ledney sustained a work-related injury in 2009, leading to workers' compensation awards through 2017. In 2017, the employer's carrier alleged a violation of Workers' Compensation Law § 114-a, submitting video surveillance that contradicted Ledney's testimony and presentation at medical appointments regarding his disability and ambulation without assistive devices. The Workers' Compensation Board affirmed a ruling finding a violation, imposing both mandatory and a discretionary penalty that permanently disqualified Ledney from future indemnity benefits. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of material misrepresentations and that the discretionary penalty was not disproportionate given the egregious and lengthy deceptive behavior.

Workers' CompensationFraudMisrepresentationDisability BenefitsVideo SurveillanceIndemnity BenefitsPenaltiesAppellate ReviewCredibilityEvidence
References
7
Case No. 14-11068
Regular Panel Decision

Broadway Warehouse Co. v. Schmitt (In re Schmitt)

This consolidated opinion denies the bankruptcy discharges of three debtors, Jeffrey Schmitt, Kevin Schmitt, and Eric Penton, stemming from adversary proceedings. The debtors were found liable in a New York State Supreme Court judgment to Broadway Warehouse Co. for over $400,000 in unpaid rent related to a family trucking business, National Courier, Inc. The Bankruptcy Court, bound by the state court's findings due to collateral estoppel, determined that the debtors operated a de facto partnership and failed to maintain adequate business and personal financial records. The court rejected their "justification" defense, noting their education, experience, and awareness of financial irregularities. Consequently, their discharges are denied under 11 U.S.C. § 727(a)(3) and 11 U.S.C. § 523(a)(2)(A) for fraud.

Bankruptcy DischargeAdversary ProceedingsCollateral EstoppelFailure to Keep RecordsFraudulent TransfersPartnership LiabilityState Court PreclusionBusiness RecordsDebtor AccountabilityU.S. Bankruptcy Court
References
13
Case No. ADJ8915327
Regular
Apr 22, 2015

MARIA HERNANDEZ vs. WAREHOUSE DEMO SERVICES, INC., ESIS

This case involves a Petition for Reconsideration filed by Warehouse Demo Services, Inc. and ESIS regarding an award of total temporary disability (TTD) to applicant Maria Hernandez. The defendants argued the award was unsupported by evidence regarding Hernandez's ability to drive or perform modified duty while experiencing dizziness. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the WCJ's reasoning. The WCAB also admonished defense counsel for improperly citing and attaching an unadmitted deposition. The WCJ found applicant's testimony credible, supported by medical reports indicating dizziness and inability to drive or work safely.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportADJ8915327deniedPaul E. ZayatGrancell Standerdeposition10842Lynn Devine
References
0
Case No. MISSING
Regular Panel Decision

Matter of Steam Pipe Explosion at 41st St. & Lexington Ave.

This dissent arises from an appeal in consolidated pretrial proceedings concerning damages from a 2007 steam pipe explosion owned by Con Ed. Con Ed, a defendant, sought discovery from Team Industrial Services, Inc. (also a defendant) regarding records from the 2001 "Diamond Shamrock litigation" in Texas, arguing similarity in causation due to excessive sealant application. The Supreme Court denied this motion after an in camera review, finding insufficient similarity. The appellate majority reversed, granting Con Ed's motion to compel, but the dissenting judge, Friedman, J.P., argues this was an abuse of discretion. The dissent emphasizes the Supreme Court's thorough analysis of the distinct mechanisms of causation in the two incidents, concluding that the common factor of excessive sealant is superficial and the Diamond Shamrock files are irrelevant to the current matter.

Discovery DisputeAppellate ReviewJudicial DiscretionIn Camera ReviewConsolidated ProceedingsSteam Pipe ExplosionSealant ApplicationCausation MechanismPrior Litigation SimilarityPretrial Proceedings
References
6
Case No. ADJ8667280
Regular
Apr 17, 2013

JOSE REFUGIO BLANCO vs. METROPOLITAN AUTOMOTIVE WAREHOUSE, CALIFORNIA INSURANCE CO.

This Workers' Compensation Appeals Board case involves an applicant, Jose Refugio Blanco, and defendants Metropolitan Automotive Warehouse and California Insurance Co. The applicant filed a Petition for Removal, but the Board has denied this petition. The denial is based on the findings and reasoning presented in the administrative law judge's report, which the Board has adopted and incorporated. Therefore, the Petition for Removal has been formally denied by the Workers' Compensation Appeals Board.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying RemovalMetropolitan Automotive WarehouseCalifornia Insurance Co.Applied Risk ServicesADJ8667280Marina del Rey District OfficeAlfonso J. Moresi
References
0
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