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

Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Mullin v. Waste Management of New York, LLC

This case involves an appeal from an order granting partial summary judgment. The plaintiff, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder on Riccelli's trailer at a Waste Management of New York, LLC facility. An agreement between Riccelli and Waste Management required Riccelli to name Waste Management as an additional insured on various insurance policies. Waste Management successfully moved for partial summary judgment on a breach of contract claim against Riccelli due to Riccelli's failure to name Waste Management as an additional insured. Riccelli's subsequent motion to submit new evidence was denied as the evidence was available previously and would not alter the outcome. The court found that Waste Management was not an additional insured on the CGL or automobile liability policies at the time of the accident.

Breach of ContractAdditional InsuredSummary JudgmentInsurance CoverageThird-Party LiabilityAppellate ReviewDenial of Motion to RenewWorkers' Compensation PolicyCommercial General LiabilityAutomobile Liability Policy
References
2
Case No. MISSING
Regular Panel Decision

Local Union 813, International Brotherhood of Teamsters v. Waste Management of New York, LLC

This action concerns a dispute between Waste Management of New York and Local 813 of the IBT regarding the arbitrability of employee terminations. Eight employees were terminated for misconduct occurring after the expiration of their collective bargaining agreement (CBA) but before a successor agreement was finalized. The Union sought to compel arbitration, arguing that the arbitration and termination-for-cause provisions of the expired contract survived. The employer contended these provisions did not survive, thus negating any obligation to arbitrate. The court examined principles of contract interpretation and labor law, concluding that the arbitration clause did not apply to the dispute, as there was no mutual agreement to extend these terms post-expiration. Consequently, the court granted summary judgment to Waste Management and denied the Union's motion.

arbitrationcollective bargaining agreementcontract expirationemployee terminationsummary judgmentlabor disputejust cause provisionunilateral implementationimpassestrike
References
9
Case No. MISSING
Regular Panel Decision

COALITION ON WEST VALLEY NUCLEAR WASTES v. Bodman

This case concerns a lawsuit initiated by plaintiffs in August 2005, seeking to compel the United States Department of Energy (DOE) to comply with the National Environmental Policy Act (NEPA) and a 1987 settlement stipulation. Plaintiffs challenged DOE's revised strategy for managing radioactive waste at the Western New York Nuclear Service Center, specifically its decision to divide the environmental impact review into two separate statements, arguing this breached the prior agreement and constituted impermissible segmentation under NEPA. The court denied plaintiffs' motion for summary judgment and granted defendants' cross-motion, concluding that DOE's approach was not arbitrary, capricious, or a breach of the stipulation, and that the waste management phase had independent utility. Additionally, plaintiffs' claim challenging DOE's authority to reclassify waste was dismissed as unripe. Consequently, the complaint was dismissed in its entirety.

Environmental LawNEPAAPAWaste ManagementNuclear WasteRadioactive WasteSettlement StipulationSummary JudgmentFederal CourtsJudicial Review
References
24
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. MISSING
Regular Panel Decision
Oct 20, 1993

Olsen v. We'll Manage, Inc.

The case concerns an appeal by We'll Manage, Inc. from an order denying its cross motion for summary judgment in an action brought by plaintiff Gary Olsen under Labor Law §§ 240 and 241. We'll Manage, Inc. contended that Olsen was its special employee, providing evidence of direct supervision, work assignments, the right to fire him, and payment signed by its personnel, despite his wages being drawn from a general employer's account. The court found this established a special employment relationship. As Olsen received workers' compensation benefits from his general employer, he is statutorily barred from maintaining an action against the special employer. Consequently, the appellate court reversed the lower court's order, granted We'll Manage, Inc.'s cross motion, and dismissed the complaint against the appellant.

Special EmployeeWorkers' Compensation BarSummary JudgmentLabor LawDirect SupervisionControlAffidavitDeposition TestimonyGeneral EmployerAppellate Reversal
References
6
Case No. ADJ8045546
Regular
Jul 29, 2013

THOMAS FORD III vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE CO.

This case involves a haul truck driver's claim for a low back and right hip injury against Waste Management. The defendant sought reconsideration, arguing the applicant's right hip condition was nonindustrial due to childhood surgeries and a prior car accident, citing a PQME's opinion. The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in the original award. They affirmed the finding of industrial injury to the right hip, finding the primary treating physician's opinion more persuasive than the PQME's, and amended the award to specify temporary disability indemnity and EDD lien reimbursement. Issues of future temporary disability, permanent disability, and apportionment remain deferred.

Industrial injuryLow back injuryRight hip injuryLeft hip injuryHaul truck driverCumulative traumaQualified medical evaluatorPrimary treating physicianSubstantial medical evidenceTemporary disability indemnity
References
0
Case No. ADJ8094646
Regular
Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813
References
0
Case No. ADJ7857239
Regular
May 27, 2016

DENNIS ARNOLD vs. WASTE MANAGEMENT COLLECTION AND RECYCLING; ACE AMERICAN INSURANCE, adjusted by GALLAGHER BASSETT SERVICES

This Workers' Compensation Appeals Board case, ADJ7857239, concerning Dennis Arnold vs. Waste Management Collection and Recycling, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration of the April 11, 2016 decision. The Board formally ordered the dismissal based on this withdrawal.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardWaste Management Collection and RecyclingACE American InsuranceGallagher Bassett ServicesADJ7857239Oakland District OfficeKatherine Zalewski
References
0
Case No. MISSING
Regular Panel Decision

McCormack Sand Co. v. Town of North Hempstead Solid Waste Management Authority

This case concerns plaintiffs McCormack Sand Co.'s claims against the Town of North Hempstead Solid Waste Management Authority and related entities regarding the sale of stockpiled sand and material. Plaintiffs alleged that the Authority's sale violated their Fourth, Fifth, and Fourteenth Amendment rights under 42 U.S.C. § 1983, along with state law tort claims. District Judge Gleeson granted the defendants' motion for summary judgment on the federal claims, finding no constitutional violations. The court determined there was no impermissible seizure under the Fourth Amendment, the Fifth Amendment claim was not ripe, and neither substantive nor procedural due process rights were violated. Consequently, the court declined supplemental jurisdiction and dismissed the state law claims.

Constitutional LawSummary JudgmentFourth Amendment SeizureFifth Amendment TakingsDue ProcessProperty DisputeMunicipal LawCivil RightsSection 1983Federal Jurisdiction
References
35
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