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

Case No. 2020 NY Slip Op 03162
Regular Panel Decision
Jun 04, 2020

Matter of Bruno v. World Trade Ctr. Volunteer Fund

James Bruno, a volunteer at the World Trade Center site, appealed a Workers' Compensation Board decision that rescinded his prior benefits. Bruno, medically discharged from the Army, had an established claim for several conditions. A Workers' Compensation Law Judge (WCLJ) initially awarded benefits but later suspended payments due to Bruno's failure to prove labor market attachment or total industrial disability. The Board subsequently modified the WCLJ's decision, rescinding all prior awards and remitting the matter for further proceedings. The Appellate Division, Third Department, found the Board erred in rescinding benefits for the period of March 8, 2018, through July 13, 2018, as a finding of no labor market attachment was inappropriate before July 13, 2018, the date Bruno failed to provide the required proof.

Labor Market AttachmentTotal Industrial DisabilityRescinded BenefitsClaimant TestimonyMedical DischargeWorld Trade Center Volunteer FundAppellate Division Third DepartmentBoard ReviewBenefits SuspensionJudiciary Law § 431
References
2
Case No. 21 MC 100
Regular Panel Decision

In Re World Trade Center Disaster Site Litigation

This opinion addresses motions to stay proceedings in lawsuits filed by thousands of workers, including Kirk Arsenault and Steve Zablocki, who claim respiratory and other injuries from 9/11 World Trade Center clean-up efforts. The court clarifies the scope of a prior Second Circuit stay order concerning appeals of immunity claims made by the City of New York and its contractors. Judge Hellerstein rules that the Second Circuit's stay applies to appealing defendants within the CM03-defined World Trade Center site. Consequently, defendant Tully Construction Co. Inc.'s motion to stay is granted, while defendant Verizon New York Inc.'s motion is denied without prejudice, requiring a further showing of its immunity defense. Cases against non-appealing defendants or those outside the CM03 area are generally permitted to proceed with discovery.

World Trade Center Litigation9/11 Clean-up WorkersRespiratory InjuriesImmunity DefenseMotions to StayAppellate JurisdictionInterlocutory AppealCase Management OrdersFederal JurisdictionStabilization Act
References
10
Case No. MISSING
Regular Panel Decision

Cardno v. State

The petitioner, a police officer for the Port Authority, sought World Trade Center accidental disability retirement benefits after being diagnosed with colitis, which he attributed to his work at the WTC site on 9/11 and subsequent extended shifts at JFK. The Comptroller denied the application, finding that while the WTC presumption applied, it was rebutted by competent evidence, and the petitioner failed to establish a causal connection between his disability and his work at the WTC site. The court affirmed the Comptroller's determination, ruling that the work performed at JFK did not fall within the scope of the World Trade Center site presumption and that sufficient medical evidence existed to rebut the presumption for the WTC site work, thus upholding the denial of benefits.

World Trade Center benefitsaccidental disability retirementulcerative colitiscausationstatutory presumptionpolice officerCPLR article 78 proceedingmedical evidencestress-related illness9/11 workers
References
3
Case No. 526652
Regular Panel Decision
Nov 15, 2018

Matter of Hughes v. World Trade Ctr. Volunteerr Fund

The case involves Rachel Hughes, a volunteer at the World Trade Center site, who established a claim for multiple injuries including gastroesophageal reflux disease, asthma, PTSD, depression, and anxiety, for which she was awarded workers' compensation benefits. Her benefits were later suspended. She sought an award for causally-related lost time, which a Workers' Compensation Law Judge initially granted from March 11, 2008, through October 27, 2016. However, the Workers' Compensation Board modified this decision, affirming entitlement to continued medical treatment but rescinding the award for lost time from July 10, 2009, through October 27, 2016, due to insufficient medical evidence. On appeal, the Appellate Division affirmed the Board's decision, finding its rejection of the claimant's clinical psychologist's testimony as unreliable was justified due to inconsistencies in his statements and notes. The Court reiterated that the burden lies with the claimant to establish a continuing causally-related disability, and the Board's finding was supported by substantial evidence.

Workers' CompensationVolunteer InjuriesGastroesophageal Reflux DiseaseExtrinsic AsthmaChronic SinusitisPosttraumatic Stress DisorderDepressionAnxietyDisability BenefitsMedical Evidence
References
5
Case No. MISSING
Regular Panel Decision

Aegis Insurance Services, Inc. v. Seven World Trade Center Co.

Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owner and developer of 7 World Trade Center, filed a third-party action seeking indemnification and contribution from various design and construction firms. These firms were involved in building emergency generator and fuel systems for both the City's Office of Emergency Management (OEM) and Citigroup within 7WTC, as well as providing engineering services directly to Silverstein. The court granted motions to dismiss brought by the OEM Design and Construction Defendants, citing immunity under the New York State Defense Emergency Act (SDEA). The Citigroup Design and Construction Defendants also had their motions to dismiss granted, as the court found they owed no duty of care to Silverstein and that Silverstein had assumed the associated risks through its lease agreement with Citigroup. Finally, the third-party complaints against Irwin Cantor and Syska & Hennessy, Inc., for direct engineering services, were dismissed without prejudice for failing to meet heightened pleading standards under McKinney’s CPLR Rule 3211(h).

Third-Party ActionMotions to DismissIndemnificationContributionNegligenceSDEA ImmunityCivil DefenseAssumption of RiskContractual PrivityArchitectural Liability
References
24
Case No. 21 MC 101, 04 Civ. 7272(AKH)
Regular Panel Decision
Mar 09, 2007

In Re September 11 Property Damage

This opinion addresses the legal sufficiency of third-party actions filed by Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owners and developers of 7 World Trade Center, seeking indemnification and contribution. Silverstein, who was both a plaintiff and defendant in various lawsuits following the September 11, 2001, destruction of 7WTC, brought claims against OEM Design and Construction Defendants, Citigroup Design and Construction Defendants, and engineers Irwin Cantor and Syska. The court granted motions to dismiss from all third-party defendants. It found OEM defendants immune under the New York State Defense Emergency Act, Citigroup defendants protected by Silverstein's prior assumption of risk, and Irwin Cantor and Syska dismissed for failure to meet heightened pleading standards for licensed design professionals.

September 11 AttacksWorld Trade CenterProperty DamageBusiness LossThird-Party LitigationIndemnificationContributionMotions to DismissSDEA ImmunityAssumption of Risk
References
24
Case No. Index No. 116319/02; Index No. 401735/03; Index No. 116290/02; Index No. 121701/02; Index No. 103630/03
Regular Panel Decision

Daly v. Port Authority

This opinion consolidates 26 tort actions arising from the clearance of the World Trade Center site, primarily brought by demolition workers and a police officer alleging Labor Law violations. Defendants, including the City of New York and the Port Authority, asserted immunity under the New York State Defense Emergency Act (SDEA) and the Natural Disaster and Man-Made Disaster Preparedness Law. The court determined that SDEA immunity applied to injuries sustained up to September 29, 2001, the date the search for survivors concluded, considering this period as "essential debris clearance" under civil defense. Consequently, four specific actions (Feal, Hickey, Luge, Murphy) were dismissed. The court further analyzed immunity under Executive Law § 25 (5), concluding it grants immunity to the City for discretionary functions but does not exempt it from mandatory Labor Law duties.

World Trade CenterSeptember 11 AttacksTort ActionsStatutory ImmunityState Defense Emergency ActCivil DefenseLabor Law ViolationsWorksite AccidentsDebris ClearanceDiscretionary Function Immunity
References
42
Case No. 21-mc-102
Regular Panel Decision

In re World Trade Center Lower Manhattan Disaster Site Litigation

This Order and Opinion addresses the approval of settlements in 78 cases stemming from the September 11, 2001 terrorist attacks. The plaintiffs, represented by Worby Groner Edelman & Napoli Bern LLP, are individuals who developed respiratory and gastrointestinal illnesses from working in buildings surrounding the World Trade Center site. These settlements resolve claims against a multitude of defendants in the 21-mc-102 docket. District Judge Alvin K. Hellerstein meticulously reviewed the settlements, finding them procedurally and substantively fair and reasonable given the inherent complexities of mass tort litigation. The motion to approve the settlements is granted, leading to the dismissal of claims for 26 plaintiffs and partial dismissal against settling defendants for the remaining 52 plaintiffs.

September 11 litigationWorld Trade CenterMass tortSettlement approvalToxic dust exposureRespiratory illnessesGastrointestinal illnessesSouthern District of New YorkClass action factorsProcedural fairness
References
46
Case No. MISSING
Regular Panel Decision

SR International Business Insurance v. World Trade Center Properties, LLC

Royal Indemnity Company, an insurer in the ongoing World Trade Center (WTC) litigation, sought to enjoin a declaratory judgment action filed in New York State Supreme Court by the Port Authority, Silverstein Parties, and WTC Retail LLC (collectively, "the Insureds"). The Insureds' state action aimed to declare that a "Conceptual Framework" for WTC redevelopment would not adversely affect their insurance recovery rights. Royal, joined by other insurers, argued that the injunction was necessary under the All Writs Act and exceptions to the Anti-Injunction Act. The court, presided over by Judge Mukasey, denied Royal's motion, ruling that the injunction did not fall within the narrow exceptions of the Anti-Injunction Act, specifically the "necessary in aid of its jurisdiction" clause. The court emphasized that the WTC coverage litigation constituted in personam contract disputes and that parallel state and federal actions, even with overlapping issues, do not impair federal jurisdiction, and therefore, an injunction merely to prevent duplicative litigation or preclusive effects is not permissible.

Anti-Injunction ActAll Writs ActFederal vs. State JurisdictionDeclaratory Judgment ActionWTC Insurance LitigationConcurrent JurisdictionInjunction DenialIn Rem vs. In PersonamDuplicative LitigationCollateral Estoppel
References
25
Case No. 10 Civ. 3036
Regular Panel Decision
Feb 17, 2011

Industrial Risk Insurers v. 7 World Trade Co.

Industrial Risk Insurers (IRI) petitioned for a stay of arbitration proceedings initiated by 7 World Trade Company, L.P. (7WTCo.) concerning a dispute over a 2005 settlement agreement. This agreement resolved an insurance coverage dispute following the collapse of 7 World Trade Center on September 11, 2001. 7WTCo. alleged breach of contract by IRI regarding a subsequent $1.2 billion property damage settlement. The court, presided over by District Judge Alvin K. Hellerstein, examined subject-matter jurisdiction. It found no diversity jurisdiction due to common citizenship in New York via IRI's member, Swiss Reinsurance America Corporation, and no federal question jurisdiction under the Air Transportation Safety and System Stabilization Act (ATSSSA) because the core dispute was contractual, not directly related to the 9/11 events. Consequently, the action was dismissed for lack of subject-matter jurisdiction.

ArbitrationJurisdictionSubject-Matter JurisdictionDiversity JurisdictionFederal Question JurisdictionATSSSAFAASettlement AgreementContract Dispute9/11 Litigation
References
17
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