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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

Wheeler v. Grande'Vie Senior Living Community

Plaintiff John A. Wheeler suffered injuries after slipping on ice and falling in the parking lot of defendant's assisted living facility while helping his mother-in-law move during a snowstorm. The area where he fell had been shoveled, but ice was present beneath a thin layer of snow. Wheeler and his wife initiated a personal injury action, which the Supreme Court dismissed by granting the defendant's motion for summary judgment, citing the "storm in progress" doctrine. On appeal, the higher court affirmed this decision, concluding that the plaintiffs failed to establish that the defendant's snow removal efforts created a hazardous condition or exacerbated the natural hazards of the storm. Furthermore, the court found no duty to warn of icy conditions during an ongoing storm under the specific circumstances, upholding the dismissal of the complaint.

Personal InjurySlip and FallPremises LiabilityStorm in Progress DoctrineSummary JudgmentLandowner DutySnow RemovalIceNegligenceAppellate Review
References
7
Case No. 2025 NY Slip Op 03887 [239 AD3d 1408]
Regular Panel Decision
Jun 27, 2025

Wheeler v. BrandSafway Indus., LLC

Plaintiff, Bryan Wheeler, an employee working on a boat construction project, fell from a scaffold ladder while carrying a box of wire. He initiated a Labor Law and common-law negligence action against BrandSafway Industries, LLC, New York Power Authority, and the Maid of the Mist defendants. The Appellate Division reviewed appeals and cross-appeals from summary judgment motions and orders regarding discovery violations. The court reinstated the Labor Law § 240 (1) claim against codefendants, granted summary judgment dismissing the Labor Law § 241 (6) claim against BrandSafway, and reversed monetary sanctions against codefendants' counsel. Triable issues of fact remain for the Labor Law § 241 (6) claim against codefendants, and the common-law negligence claims were dismissed against BrandSafway.

Scaffold AccidentLabor Law § 240(1)Labor Law § 241(6)Industrial Code § 23-1.7(f)Statutory AgentSpoliation of EvidenceSummary JudgmentAppellate ReviewConstruction Site SafetyElevation Hazard
References
51
Case No. MISSING
Regular Panel Decision

Wheeler v. Parker

Plaintiff James Wheeler filed an action against Sandy Parker, Bruce Potter, and Berkshire Union Free School District, alleging denial of due process under the Fourteenth Amendment following his termination as an Intervention Worker without a pre-termination hearing. Wheeler, initially hired in 1989, was suspended and terminated in May 2005. The core legal question addressed whether Wheeler's employment constituted a 'property' interest as defined by New York Civil Service Law. The defendants' argument against a pre-termination hearing was found to be unsubstantiated by relevant state law or county commission rules. The court, citing *Ficken v. Vocational Educ. & Extension Bd*, determined that without proper jurisdictional and position classifications by the Columbia County Civil Service Commission, Wheeler's due process rights were violated. Consequently, the court granted summary judgment in favor of the plaintiff, ordering his reinstatement with back pay and enjoining the District from future terminations without a pre-termination hearing, while dismissing his First Amendment retaliation claims.

Due ProcessFourteenth Amendment42 USC 1988Summary JudgmentPublic EmploymentCivil Service LawNew YorkTerminationPre-termination HearingProperty Interest
References
12
Case No. MISSING
Regular Panel Decision
Sep 03, 1996

Wheeler v. Commissioner of Social Services

Plaintiff Monique Wheeler sued Graham Windham Services for Family and Children for negligent supervision after she was allegedly raped while in their care. This appeal addresses Wheeler's motion for discovery of her own medical and psychological records held by Graham Windham, which initially resisted disclosure based on Social Services Law § 372 confidentiality. The Supreme Court had ordered limited disclosure after an in camera inspection but denied a subsequent request for a hearing. The appellate court ruled that Social Services Law § 372, as amended, subjects these records to CPLR article 31 discovery, emphasizing a patient's right to access their own records. The court reversed the denial of a hearing, granted Wheeler's application, modified the prior order, and remitted the matter for further proceedings, outlining a specific discovery procedure to ensure adequate review and address concerns for third-party privacy.

DiscoveryConfidentialityMedical RecordsPsychological RecordsSocial Services LawCPLR Article 31Patient AccessNegligent SupervisionAppellate ProcedureIn Camera Inspection
References
32
Case No. MISSING
Regular Panel Decision

International Ass'n of Bridge, Structural & Ornamental Iron Workers, Local Union No. 6, AFL-CIO v. State

The petitioners, unions representing ironworkers, initiated a CPLR article 78 proceeding to challenge a determination by the New York State Commissioner of Labor. The dispute stemmed from public works contracts where Cortland Glass Company, Inc. and its subcontractor, Warren Wheeler T/A W. Wheeler Construction, paid workers as glaziers instead of the higher prevailing wages for ironworkers. While the State Bureau of Public Works initially found underpayment, a Hearing Officer and the Commissioner ultimately concluded that the work was properly classified as glaziers' work. The Appellate Division dismissed the petitioners' challenge, finding they lacked both statutory standing under Labor Law § 220 (8), as they were not parties to the administrative hearing, and common-law standing. The Court determined that the petitioners failed to demonstrate an individualized harm to any union member, which is required to establish standing on behalf of a union.

StandingCPLR Article 78Labor Law § 220Prevailing WagePublic Works ProjectsGlaziersIronworkersUnion GrievanceAdministrative ReviewJudicial Review
References
13
Case No. MISSING
Regular Panel Decision

Wheeler v. Natale

Plaintiff Amy Wdieeler filed a civil rights action against Joseph Natale and the Warwick Valley Central School District, alleging violations of her First Amendment rights to speech and association under 42 U.S.C. §§ 1983 and 1988. Plaintiff, a provisional employee, was terminated after failing a civil service exam and was not hired for a newly created part-time position filled by a colleague. She claims this was in retaliation for her co-hosting a radio program critical of the School District. Defendants moved to dismiss the complaint for failure to state a claim. The court denied the motion, finding that the plaintiff adequately alleged protected speech, an adverse employment action (failure to hire for the part-time position), and a causal connection between the speech and the adverse action, sufficient to withstand a motion to dismiss.

First Amendment RightsFreedom of SpeechFreedom of AssociationCivil Rights RetaliationPublic EmployeeWrongful TerminationMotion to DismissFederal Rules of Civil Procedure 12(b)(6)Provisional EmploymentCivil Service Law
References
19
Case No. MISSING
Regular Panel Decision

Wheeler v. Burke

MISSING

References
0
Case No. MISSING
Regular Panel Decision

Wheeler v. Bloomingdales

The Special Disability Fund appealed a Workers' Compensation Board decision that entitled an employer's workers' compensation carrier to reimbursement for deficiency compensation payments. The Fund argued the carrier waived its reimbursement right by not securing the Fund's consent to a claimant's personal injury settlement before the Fund's liability was established. The appellate court affirmed the Board's determination, finding that the Fund's consent was not required as its liability was established nearly a year post-settlement. The court also clarified that the carrier's failure to reserve offset rights did not entirely preclude reimbursement, distinguishing the case from a prior precedent where dual capacities led to a windfall.

Workers' Compensation LawSpecial Disability FundReimbursement ClaimsDeficiency CompensationPersonal Injury SettlementCarrier Consent RequirementsWaiver of ReimbursementStatutory Offset RightsAppellate Court DecisionWorkers' Compensation Board
References
4
Case No. ADJ6745654
Regular
May 10, 2010

TRACY WHEELER vs. ONELAGACY, THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration to the defendant employer, OneLegacy, and its insurer, The Hartford. The Board rescinded the lower judge's finding that the applicant's injury was presumed compensable under Labor Code § 5402(b) due to a delayed denial. Evidence established that an employee with authority to deny the claim determined it should be denied within the statutory 90-day period, even though formal notification was sent later. The case is returned for further proceedings based on this determination.

Labor Code § 5402(b)presumption of compensabilitydenial of claimtimely denialclaim formDWC 1workers' compensation administrative law judge (WCJ)reconsiderationrescinded awardhuman resources vice president
References
3
Case No. MISSING
Regular Panel Decision

Wheeler v. Mail Contractors of America

The claimant sought workers' compensation death benefits for her husband, a tractor-trailer driver, who died suddenly from cardiac arrest after experiencing work-related stress. Initially, the Workers’ Compensation Law Judge disallowed the claim, but the Workers’ Compensation Board reversed, finding the death causally related to employment. The employer appealed, contesting the presumption of compensability. The Appellate Division affirmed the Board's decision, emphasizing that the Board's role was to weigh conflicting medical evidence, including the employer's expert acknowledging stress as a potential factor in the decedent's pre-existing heart condition.

workers' compensationdeath benefitscardiac arrestcausal relationshipemploymentwork-related stressWorkers’ Compensation Boardpresumption of compensabilitymedical evidenceappellate review
References
3
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