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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Aug 28, 2002

Sharp v. Scandic Wall Ltd. Partnership

Gil Sharp, an elevator mechanic, sustained injuries on October 31, 1996, when an elevator car he was working on at 40 Wall Street fell 30 feet after he mistakenly cut supporting cables. He sued the premises owner, 40 Wall Street Development Associates, alleging violations of various Labor Law sections and OSHA regulations. The defendant moved for summary judgment to dismiss all claims, while Sharp cross-moved for summary judgment on Labor Law §§ 240 (1) and 241-a, and to amend his bill of particulars. The court dismissed claims under Labor Law §§ 200, 241-a, 241 (6), and OSHA regulations. However, Sharp was granted summary judgment on liability under Labor Law § 240 (1), with the court finding the defendant liable for failing to provide adequate safety devices.

Elevator accidentPersonal injuryLabor Law § 240(1)Summary judgmentIndustrial CodeWorkplace safetyGravity-related hazardConstruction site accidentFall from heightOwner liability
References
5
Case No. MISSING
Regular Panel Decision

Wall v. National Broadcasting Co., Inc.

Plaintiff Martin Wall sued National Broadcasting Company, Inc. (NBC) for age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA), alleging his position was eliminated and his responsibilities given to a younger individual. NBC moved for summary judgment, arguing Wall's complaint was time-barred as he filed his claim with the Equal Employment Opportunity Commission (EEOC) 357 days after being notified of his termination, exceeding the 300-day limit for New York State claims. Wall contended the filing period should run from when he discovered he was replaced by a younger person (late December 1988), not his termination notice date (October 7, 1988), and argued for equitable tolling due to alleged misleading information from NBC about his job elimination being due to downsizing. The court, presided over by Judge Leisure, found that the cause of action accrued on October 7, 1988, when Wall was notified of his termination, consistent with the principle that the limitations period begins when the discriminatory decision is communicated. The court rejected the application of equitable tolling, finding Wall failed to provide sufficient evidence of extraordinary conduct by NBC that actively misled him or prevented him from exercising his rights. Consequently, the court granted NBC's motion for summary judgment, dismissing Wall's complaint as time-barred.

Age DiscriminationEmployment LawSummary JudgmentADEAStatute of LimitationsEquitable TollingAccrual of Cause of ActionTerminationWrongful DischargeFederal Rules of Civil Procedure
References
28
Case No. 2016 NY Slip Op 04927 [140 AD3d 1047]
Regular Panel Decision
Jun 22, 2016

Ramirez v. I.G.C. Wall Systems, Inc.

This case involves an appeal from an order granting the plaintiff's motion for summary judgment on liability under Labor Law § 240(1) and denying the defendant-appellant Antonio Iona's cross-motion for summary judgment based on the homeowner's exemption. The plaintiff's decedent was injured after falling from a makeshift ladder while working on a one-family home owned by Antonio Iona, who was also an officer of the general contractor, I.G.C. Wall Systems, Inc. The Appellate Division, Second Department, affirmed the lower court's decision. The court found that Antonio Iona's extensive involvement in the construction, including making and placing the ladder and instructing workers, negated his eligibility for the homeowner's exemption. Furthermore, the plaintiff successfully established a prima facie case for a Labor Law § 240(1) violation.

Homeowner's exemptionLabor Law § 240(1) liabilityLabor Law § 241(6) liabilityconstruction site accidentladder fallsummary judgmentpersonal injuryappellate reviewcontractor responsibilityworker safety
References
18
Case No. 2021 NY Slip Op 00019 [190 AD3d 422]
Regular Panel Decision
Jan 05, 2021

Lemache v. MIP One Wall St. Acquisition, LLC

Plaintiff Luis Lemache was injured when a pipe rolled onto his foot while relocating a concrete planter at a construction site. He sued MIP One Wall Street Acquisition, LLC and Gilbane Residential Construction, alleging common-law negligence and violations of Labor Law §§ 200 and 240 (1). The Supreme Court granted defendants' motion for summary judgment on all claims and denied plaintiff's cross-motion. On appeal, the Appellate Division affirmed the dismissal of the Labor Law § 240 (1) claim but modified the order, denying defendants' motion with respect to the common-law negligence and Labor Law § 200 claims. The court found a triable issue of fact as to whether Gilbane Residential Construction exercised supervisory control over the work, particularly regarding safety standards and the use of licensed Bobcat operators.

Summary JudgmentCommon-Law NegligenceLabor Law § 200Labor Law § 240 (1)Construction AccidentSupervisory ControlTriable Issue of FactAppellate ReviewSafe Place to WorkForeman
References
8
Case No. ADJ8066822
Regular
May 30, 2019

SCOTT WALL vs. COUNTY OF SACRAMENTO

This case concerns a deputy sheriff sergeant, Scott Wall, who alleges discrimination under Labor Code section 132a. Wall was denied a requested transfer to a patrol division while on injury leave, despite having the seniority for it. The Workers' Compensation Appeals Board affirmed the finding that the County of Sacramento discriminated against Wall by denying the transfer, as less senior employees were transferred. The employer's defense of business necessity was rejected because the County had other options to fill the critical patrol positions.

Labor Code section 132aDiscriminationRetaliationTransfer denialSeniorityBusiness necessityPrima facie caseDisadvantageous treatmentWCJReconsideration
References
12
Case No. ADJ10477247
Regular
Oct 31, 2017

ESTELA WALLE vs. THE PERMANENTE MEDICAL GROUP

Here's a summary of the two cases for a lawyer, in max four sentences each: **Case 1: Estela Walle vs. The Permanente Medical Group (ADJ10477247)** The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's finding that the applicant did not sustain a back injury arising out of and in the course of employment. The Board gave significant weight to the WCJ's credibility determination, finding no substantial evidence to warrant overturning it. Therefore, the applicant was awarded nothing on her claim. **Case 2: Estela Walle vs. The Permanente Medical Group (ADJ8620015, ADJ9183471)** The Appeals Board rescinded the WCJ's award for psychiatric injury and returned the case to the trial level for further proceedings. The Board found the analysis of whether the injury was predominantly caused by employment events, and specifically by lawful, good faith personnel actions, to be inadequate under *Rolda*. Further development of the record is required to clarify the events of May 21, 2012, and to determine the precise causal contribution of employment-related factors versus good faith personnel actions.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderApplicantInjury Arising Out of and In the Course of EmploymentAOE/COEBack InjuryWCJCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.
References
1
Case No. ADJ6836629
Regular
Oct 01, 2013

EVERSON WALLS vs. BALTIMORE RAVENS fka CLEVELAND BROWNS, NEW YORK GIANTS, PMA INSURANCE GROUP c/o GALLAGHER BASSETT and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA c/o CHARTIS CLAIMS INC., DALLAS COWBOYS, TRAVELERS INSURANCE COMPANY

This case concerns Everson Walls' workers' compensation claim against the Cleveland Browns (now Baltimore Ravens) for an injury sustained while playing professional football. The Board found that Walls was only temporarily employed in California and that the Browns, as a self-insured Ohio employer, provided coverage under Ohio law, which reciprocates California's extraterritorial provisions. Consequently, the Browns are exempted from California workers' compensation law under Labor Code §3600.5(b), and are therefore dismissed from the case.

Workers' Compensation Appeals BoardLabor Code §3600.5(b)National Football LeagueNFLProfessional Football PlayerCumulative Trauma InjuryTemporary Employee ExemptionExtraterritorial CoverageOhio Bureau of Workers' CompensationSelf-Insured Employer
References
9
Case No. 2021 NY Slip Op 02605
Regular Panel Decision
Apr 29, 2021

Ping Lin v. 100 Wall St. Prop. L.L.C.

Plaintiff Ping Lin sustained injuries after falling from a six-foot A-frame ladder while working on a drop ceiling on June 3, 2015. He was holding a piece of sheetrock with one hand and reaching for a drill with the other when the sheetrock fell, hitting his head, causing him to drop the drill and the ladder to shake, leading to his fall. The Appellate Division, First Department, reversed the Supreme Court's order, which had denied plaintiff's motion for summary judgment regarding liability under Labor Law § 240 (1). The court found that defendants violated Labor Law § 240 (1) by failing to properly secure the ladder against movement or slippage, thus not providing adequate protection. The court rejected arguments regarding inconsistent statements, intervening superseding cause, or plaintiff's sole proximate cause/recalcitrant worker status, concluding that the ladder was an inadequate safety device for the work performed.

Summary JudgmentLadder AccidentPersonal InjuryConstruction Site SafetyWorker FallAppellate ReviewLiabilityHazardous EquipmentNegligenceWorkplace Accident
References
13
Case No. ADJ6810697
Regular
Sep 02, 2010

KIP WALLS vs. DEVCON CONSTRUCTION, ZURICH NORTH AMERICA

This case involves a workers' compensation applicant, Kip Walls, who claimed an injury to his right knee on May 1, 2008, while working for Devcon Construction. The applicant's claim was based on a fall at work, but his supervisor, Mr. Demetrus, had no recollection of a specific injury being reported, noting only that the applicant's knee was hurting from an old injury. Medical records from Watsonville Hospital and prior treatment also indicated no specific work-related injury. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's determination that the applicant did not sustain an injury arising out of and in the course of employment, largely based on the credibility of witnesses and the conflicting medical evidence.

AOE/COEPetition for ReconsiderationCredibility FindingSubstantial EvidenceIndustrial InjuryWorkers' Compensation JudgeIncident ReportMedical RecordsWatsonville HospitalDr. Lewis
References
4
Case No. MISSING
Regular Panel Decision
Nov 15, 2011

Waller v. City of New York

This special proceeding concerns an application for an extension of a temporary restraining order related to the Occupy Wall Street demonstrations in Zuccotti Park. Petitioners, including Jennifer Waller, sought to prevent eviction, allow re-entry with gear, and recover seized property after participants were removed by the NYPD. The court, presided over by Justice Michael D. Stallman, denied the application. The decision found that Brookfield Properties, Inc., the private owner of Zuccotti Park, had the right to adopt reasonable time, place, and manner restrictions on the use of the park, even assuming First Amendment applicability. The court concluded that the rules were reasonable to maintain a clean, safe, and lawful public space and did not infringe on the movants' First Amendment rights.

Occupy Wall StreetZuccotti ParkFirst Amendment RightsFreedom of SpeechPeaceable AssemblyTemporary Restraining OrderPublic Access PlazaPrivate Property RightsZoning RegulationsProtest Movement
References
2
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