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

Case No. ADJ2628913
Regular
Jan 02, 2014

BARRY BLAYLOCK vs. NEGHEBORN AUTO CENTER, dba NEBHEBORN LINCOLN MERCURY, et al

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of serious and willful misconduct. The applicant sustained a permanent and total disability due to lung damage caused by heavy workplace smoking, specifically by a coworker in an enclosed office. Despite repeated complaints and an emergency room visit, the employer knowingly permitted the violation of a workplace smoking prohibition. The Board found sufficient evidence of employer knowledge of the safety order and the resulting harm to the applicant.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code Section 4553Reconsideration DeniedPetition for ReconsiderationWCJ ReportCredibility FindingSerious and WillfulViolation of Safety OrderWorkplace Smoking Prohibition
References
1
Case No. MISSING
Regular Panel Decision

People v. Distributors Division, Smoked Fish Workers Union, Local No. 20377

The Attorney-General initiated an action seeking a permanent injunction against the Distributors Division, Smoked Fish Workers Union, Local No. 20377, its president Murray Brodsky, and business agent Jack Flaum. The complaint alleged that the defendants engaged in an illegal combination, violating New York's Donnelly Anti-Trust Law (General Business Law § 340), by coercing manufacturers and retailers in the smoked fish industry to deal exclusively with Distributors Division members. Although the defendants claimed exemption as a bona fide labor union, the court found that the Distributors Division was merely a jobbers association disguised as a union to create a monopoly and restrain trade. The organization's activities involved threats, intimidation, and misleading picketing to compel adherence to its demands, ultimately harming competition and forcing retailers to pay higher prices. Consequently, the court ruled that the injunction should be granted, concluding that the Distributors Division was not a legitimate labor union and its practices were illegal.

anti-trustmonopolylabor unioninjunctiontrade restraintGeneral Business LawDonnelly Actjobbers associationcoercionpicketing
References
3
Case No. MISSING
Regular Panel Decision

Maliqi v. 17 East 89th Street Tenants, Inc.

The court addresses motions in limine concerning the admissibility of evidence related to the plaintiff's immigration status, future lost wages, and medical expenses in a workplace injury case. The plaintiff, an undocumented political asylum seeker named Maliqi, was injured while working. The court ruled that while the plaintiff's immigration status is relevant for the jury to consider potential economic realities if he is deported, it cannot be used to argue that his status prohibits awards for future lost wages or medical expenses. Furthermore, the defendant is precluded from asserting that the plaintiff was working illegally at the time of the accident. The court also permitted expert testimony from an economist regarding future damages but denied the admission of testimony from the plaintiff's immigration counsel as an expert.

Workplace InjuryUndocumented WorkerPolitical AsylumImmigration StatusLost WagesMedical ExpensesEvidence AdmissibilityMotions in LimineExpert TestimonyEconomic Damages
References
13
Case No. MISSING
Regular Panel Decision

Landgraff v. 1579 Bronx River Avenue, LLC

This personal injury action arises from allegations that plaintiff Anthony Landgraff sustained injuries during employment with J.H. Loewy, Inc., a plumbing subcontractor, while removing a sprinkler system at premises owned by 1575 Bronx River Avenue, LLC and renovated by LSK Smoked Turkey Products, Inc. The injured plaintiff fell from a scaffold due to insufficient safety devices. The appellate court reversed the lower court's decision, granting the plaintiffs' motion for partial summary judgment as to liability under Labor Law § 240 (1). The court also granted 1575 Bronx River Avenue, LLC's cross-motion for contractual indemnification against J.H. Loewy, Inc. and LSK Smoked Turkey Products, Inc., and LSK Smoked Turkey Products, Inc.'s cross-motion for contractual indemnification against J.H. Loewy, Inc. Additionally, 1575 Bronx River Avenue, LLC was found entitled to common-law indemnification from LSK Smoked Turkey Products, Inc. However, the court declined to grant summary judgment for 1575 Bronx River Avenue, LLC against J.H. Loewy, Inc. on common-law indemnification and against LSK Smoked Turkey Products, Inc. on contractual indemnification due to an inadequate record. The matter was remanded for further proceedings.

personal injuryscaffold accidentLabor Lawabsolute liabilityindemnificationcontractual indemnificationcommon-law indemnificationgrave injurysummary judgmentappellate review
References
17
Case No. MISSING
Regular Panel Decision

Bompane v. Enzolabs, Inc.

The plaintiff was terminated by Enzolabs, Inc. after reporting violations of workplace smoking laws to the Suffolk County Department of Health. The plaintiff sued under Labor Law § 740, the "whistleblower law," alleging retaliatory discharge. Defendant moved for summary judgment, arguing the reported condition was not a "public health or safety" danger and that plaintiff provided false employment application information. The court denied defendant's motion, ruling that the statute applies to workplace smoke and the alleged misrepresentation was immaterial. Summary judgment was granted to the plaintiff, and a referee was appointed to determine specific remedies, including lost wages and benefits, reinstatement, and attorney's fees.

WhistleblowerRetaliationWorkplace SmokingLabor LawPublic Health LawSummary JudgmentEmployment TerminationAfter-Acquired EvidenceSuffolk County LawEmployee Protection
References
18
Case No. MISSING
Regular Panel Decision

Claim of Kouvatsos v. Line Masters, Inc.

Peter Kouvatsos sustained fatal injuries falling from his employer's building during a short break on the roof. His co-worker testified that going to the roof to smoke was a common practice, despite the employer's instructions for employees to smoke outside the building. The Workers’ Compensation Board concluded that the fall did not arise out of and in the course of Kouvatsos's employment, thereby denying death benefits to his mother. The appellate court reversed this decision, finding that the Board's conclusion regarding a prohibition on roof access lacked substantial evidence. The court noted the employer neither explicitly authorized nor prohibited roof use, and a prior instance of the door being locked did not prove a continuous employer-imposed restriction.

Workers' CompensationDeath BenefitsCourse of EmploymentArising Out of EmploymentSmoking BreakRooftop FallEmployer KnowledgeProhibited ActivitySubstantial EvidenceAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Caballero v. First Albany Corp.

Plaintiff, a former employee, appealed an order granting summary judgment to the defendant employer, dismissing her six causes of action. Her claims included gender discrimination, wrongful discharge, intentional infliction of emotional distress, assault and battery (due to secondhand smoke), unsafe workplace (Labor Law § 200), and civil rights discrimination (Civil Rights Law § 40-c), all stemming from alleged retaliation for her complaints about smoking in the office. The Appellate Division affirmed, finding the mistreatment was animus-based, not sexual discrimination. The court also held that her employment was at-will, her emotional distress claims lacked outrageous conduct, and her assault and battery and unsafe workplace claims were barred by Workers’ Compensation Law's exclusive remedy provisions.

Employment-at-willSummary JudgmentGender DiscriminationWrongful DischargeIntentional Infliction of Emotional DistressAssault and BatteryUnsafe WorkplaceWorkers' Compensation ExclusivitySmoking PolicyRetaliation
References
19
Case No. MISSING
Regular Panel Decision

Capozzi v. Whitman

This case involves an Article 78 application for a writ of prohibition against a Justice of the Municipal Court. The petitioner, acting as a landlord, sought to prevent the Municipal Court from vacating a final order and warrant of eviction previously issued in a summary proceeding. The tenant had moved to set aside the final order, citing fraud or mistake. The court ruled that it possesses inherent power to vacate its own judgments or final orders in the interest of justice. Furthermore, the petitioner was found to have an adequate remedy through appeal. Consequently, the cross-motion was granted, and the proceeding for a writ of prohibition was dismissed.

Article 78Writ of ProhibitionSummary ProceedingVacating Final OrderInherent Court PowerAppellate RemedyLandlord-Tenant DisputeFraudNewly Discovered EvidenceMunicipal Court
References
5
Case No. MISSING
Regular Panel Decision
Feb 05, 1999

Atkinson v. City of New York

This case concerns a CPLR article 78 proceeding initiated by a petitioner against the City of New York. The petitioner sought to prevent the City from imposing a Workers’ Compensation lien on an award received through the National Vaccine Injury Compensation Program. The Supreme Court, Queens County, granted the petition and prohibited the lien. On appeal, the decision was affirmed, with the court reiterating that Workers’ Compensation liens are applicable only against recoveries from third-party tortfeasors responsible for injuries, as per Matter of Shutter v Philips Display Components Co. The court determined that the vaccine injury award did not constitute such a recovery, thus precluding the lien. The case Matter of Ryan v General Elec. Co. was distinguished as involving an award against a tortfeasor under the Military Claims Act.

Workers' Compensation LienNational Vaccine Injury Compensation ProgramCPLR Article 78Third-Party TortfeasorAppellate ReviewStatutory InterpretationLien ProhibitionVaccine Injury AwardMilitary Claims ActNew York Appellate Courts
References
2
Case No. MISSING
Regular Panel Decision

New York City Human Resources Administration v. Carey

This case concerns a CPLR article 78 petition in the nature of a writ of prohibition. The petitioner, the City Human Resources Administration (HRA), sought to vacate a Supreme Court order regarding defendant Delgado, who was charged with arson. Delgado was found by two psychiatrists to be an incapacitated person unable to stand trial due to a severe hearing defect. The lower court, misinterpreting CPL article 730, ruled that Delgado's physical incapacity did not fall under the statute and ordered his placement with HRA and the Department of Social Services. The appellate court granted the writ of prohibition, vacating the lower court's order for exceeding its jurisdiction. The court declared Delgado incompetent to stand trial *nunc pro tunc* and committed him to the custody of the New York State Commissioner of Mental Health, clarifying that CPL 730.10 broadly applies to any mental defect causing incapacity, regardless of its source. The decision emphasized that the statute does not distinguish between different sources of disability once a finding of incapacity is made.

Incompetency to Stand TrialWrit of ProhibitionMental IncapacityCriminal Procedure LawJurisdiction DisputeArson Third DegreeDue ProcessCommitment OrderAppellate ReviewPhysical Impairment
References
1
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