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

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. 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. 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. 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. 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. 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. 2-06-016-CV
Regular Panel Decision
Mar 15, 2007

Shioleno Industries, Inc. AND Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC D/B/A Medical Center of Arlington AND Shioleno Industries, Inc.

Shioleno Industries, Inc. appealed a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (the Hospital). The case originated from the Hospital's alleged failure to disclose an employee's positive drug and alcohol test results to Shioleno after an on-the-job injury. Shioleno contended that this omission led to increased workers' compensation premiums and expenses in unemployment benefit disputes. The appellate court affirmed the trial court's judgment, ruling that Shioleno failed to provide a valid authorization for the disclosure of medical information. Consequently, the Hospital had no legal duty to disclose the results and could not be held liable for negligence, breach of contract, or Deceptive Trade Practices Act (DTPA) violations.

Summary JudgmentMedical RecordsDisclosure AuthorizationHealth & Safety CodeNegligenceBreach of ContractDTPADrug TestingAlcohol TestingEmployer Liability
References
13
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. 532851
Regular Panel Decision
Jul 07, 2022

In the Matter of the Claim of Maria Fierro-Switzer (William Switzer, Dec'd)

Claimant Maria Fierro-Switzer appealed a Workers' Compensation Board decision that disallowed her claim for death benefits. Her deceased spouse, William Switzer, a retired New York City firefighter, volunteered at Ground Zero after the September 2001 terrorist attacks and later died from metastatic kidney cancer. Claimant alleged that his death was caused by toxic exposure during his volunteer work. A Workers' Compensation Law Judge (WCLJ) and the Board disallowed the claim, finding that Article 8-A of the Workers' Compensation Law, which covers volunteers in World Trade Center rescue efforts, requires the participant to file a WTC-12 registration form during their lifetime. As the decedent did not file this form, the claim under Article 8-A was denied. The court affirmed the Board's decision, stating that despite the independence of a death benefits claim from the decedent's potential compensation claim, there must be a legal basis for the claim and an entity upon which liability may be imposed. Since the decedent was a volunteer at the time of exposure, no claim could lie under Workers' Compensation Law § 16, which requires injuries to arise out of and in the course of employment. The decedent's sole potential avenue for recovery would have been under Article 8-A, which was precluded by the failure to file the required WTC-12 form during his lifetime.

World Trade Center9/11 AttacksGround ZeroVolunteer BenefitsDeath Benefits ClaimWorkers' Compensation Law Article 8-AWTC-12 Registration FormToxic ExposureRenal Cell CarcinomaAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

7 World Trade Co. v. Westinghouse Electric Corp.

The case involves an appeal where plaintiffs sought damages from Westinghouse Electric Corp. for negligent design and manufacture, strict liability, and breach of implied warranty after explosions in bus ducts supplied by Westinghouse caused injury to workers and damage to the ducts at 7 World Trade Center. The trial court found Westinghouse 70% liable for negligence and strict liability. However, the Appellate Division reversed the judgment, vacated the prior damage award, and dismissed the complaint. The court reasoned that under the economic loss rule established in Bocre Leasing Corp. v General Motors Corp., plaintiffs could not recover for purely economic losses in tort without allegations of bodily injury or damage to other property. The court clarified that personal injury claims by workers did not extend to the plaintiffs' economic losses and that the Bocre rule applies to immediate purchasers.

Product LiabilityEconomic Loss RuleNegligenceStrict LiabilityBreach of Implied WarrantyAppellate ReviewTort LawDamagesBus DuctsWorld Trade Center
References
11
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