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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
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. MISSING
Regular Panel Decision

Claim of Lalla v. Astoria Air Conditioning

Claimant, an air-conditioning repairman, developed an occupational lung disease. Initially, a Workers' Compensation Law Judge found chronic obstructive and restrictive bronchopulmonary disease under Workers’ Compensation Law § 3 (2) (29), making the Special Disability Fund liable. The Fund later challenged this finding, requesting a reclassification under Workers’ Compensation Law § 3 (2) (30), which would discharge its liability. The Workers’ Compensation Board granted the Fund's application, reclassified the disease under section 3 (2) (30), and discharged the Fund. The employer and its insurance carrier appealed this decision, arguing the Board abused its discretion and that there was insufficient evidence for the reclassification. The appellate court affirmed the Board's decision, citing the Board's continuing jurisdiction and discretion, and finding substantial medical evidence to support the reclassification.

Occupational DiseaseWorkers' Compensation BoardSpecial Disability FundLiability ReclassificationChronic Obstructive Pulmonary DiseaseBronchopulmonary DiseaseAppellate ReviewBoard DiscretionSubstantial Evidence
References
3
Case No. MISSING
Regular Panel Decision

New York State Ass'n for Retarded Children, Inc. v. Rockefeller

Plaintiffs, representing residents of the Willowbrook State School for the Mentally Retarded, sought judicial intervention to improve inhumane living conditions. The court found severe overcrowding, chronic understaffing of medical and care personnel, and inadequate facilities, leading to a hazardous environment. While denying a broad constitutional 'right to treatment,' the court affirmed the residents' 'right to protection from harm.' Consequently, the court issued a preliminary injunction mandating specific actions, including immediate hiring of additional ward attendants, nurses, physical therapists, and physicians, repair of inoperable toilets, prohibition of seclusion, and securing a contract with an accredited hospital for acute medical services. The court also reserved the power to adjust salaries to attract necessary staff.

Mentally Retarded RightsInstitutional CareProtection From HarmPreliminary InjunctionStaffing ShortagesFacility ConditionsCivil Rights LitigationDue Process ConcernsEighth AmendmentState Funding
References
68
Case No. ADJ3931400 (MON 0218725) ADJ4561489 (MON 0257189)
Regular
Nov 07, 2008

ELLEAN SLAUGHTER vs. CENTINELA HOSPITAL MEDICAL CENTER/TENET HEALTHCARE CORPORATION

This case involves a petition to reopen a worker's compensation claim where the applicant's permanent disability increased from 77.5% to 100% due to chronic pain syndrome. The defendant argued for apportionment to non-industrial conditions like multiple sclerosis and chronic fatigue syndrome. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new permanent disability rating, specifically requiring apportionment of the increased disability to the applicant's non-industrial conditions as per *Vargas v. Atascadero State Hospital*.

ReconsiderationPermanent DisabilityApportionmentNew and Further DisabilityChronic Pain SyndromeMultiple SclerosisChronic Fatigue SyndromeAgreed Medical ExaminersSB 899Vargas v. Atascadero State Hospital
References
3
Case No. MISSING
Regular Panel Decision
Dec 14, 2010

Francis v. Jewelry Box Corp. of America

Claimant sustained a work-related crush injury to his right hand in 1987 and was granted a lump-sum nonschedule adjustment in 1993, closing his case. He subsequently sought to reopen his claim, submitting a psychologist's report alleging total disability due to chronic major depression, posttraumatic stress disorder, and chronic pain disorder stemming from the original accident. The Workers’ Compensation Board denied his application, citing his prior waiver of the right to establish a psychiatric injury and insufficient proof of an unanticipated change in his established condition. The Appellate Division affirmed the Board's decision, concluding that the claimant failed to demonstrate an unanticipated change in his medical condition that would warrant reopening the claim, especially given his prior waiver regarding psychiatric injury.

Workers' CompensationPermanent Partial DisabilityLump-Sum SettlementReopening ClaimPsychiatric InjuryWaiver of RightsChange in ConditionWorkers' Compensation BoardAppellate DivisionAffirmed Decision
References
2
Case No. MISSING
Regular Panel Decision
Nov 29, 2004

Velella v. New York Local Condotional Release Commission

The petitioners, including Gonzalez, Caba, Stephens, Velella, and DelToro, challenged determinations by the Conditional Release Commission and the Department of Correction. These determinations advised petitioners that their conditional releases were invalid and directed them to surrender. The Supreme Court, New York County, denied their five CPLR article 78 petitions. This appellate court unanimously affirmed the Supreme Court's decision, finding the petitioners' conditional releases illegal due to non-compliance with Correction Law § 273 (1) and (6). The court also ruled that the agencies had the power to set aside determinations based on significant irregularities and that the petitioners had no substantive due process right to illegal orders, having been afforded adequate procedural due process through the CPLR article 78 proceedings.

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law
References
14
Case No. MISSING
Regular Panel Decision
Sep 27, 1983

Claim of Lemery v. Flintkote Co.

Claimant, who developed acute pharyngitis and bronchitis in 1967, experienced a significant worsening of his respiratory condition in 1973 when his employer changed to a “dry” cement manufacturing process, exposing him to extreme dust. This exposure led to pneumonia, chronic bronchitis, and eventual incapacitation, forcing him to stop working multiple times. After being advised not to return to work under dusty conditions, he was re-employed as a janitor in a dust-free area, and his symptoms diminished. The Workers' Compensation Board found that his employment exposure aggravated a preexisting nondisabling bronchitis into a disabling condition, allowing his claim for benefits. The employer and carrier appealed, arguing that occupational aggravation of a nonoccupational disease is not compensable. The court affirmed the Board's decision, stating that the ultimate test is whether employment causes a disability that previously did not exist.

Occupational DiseaseAggravation of Preexisting ConditionChronic BronchitisCement Dust ExposureDisabilityCausationWorkers' Compensation Board DecisionMedical EvidenceEmployment-Related IllnessRespiratory Illness
References
3
Case No. MISSING
Regular Panel Decision
Aug 12, 1998

Claim of Cocco v. New York City Department of Transportation

Claimant, a bridge painter for 36 years, was diagnosed with chronic obstructive pulmonary disease, leading to total disability since June 1993. The Workers’ Compensation Board found that his work for the employer aggravated a previously dormant and non-disabling pulmonary condition, deeming it an occupational disease under Workers’ Compensation Law § 3 (2) (30). The employer appealed this decision. The court differentiated between the aggravation of active versus dormant conditions, requiring a distinctive employment feature to activate a dormant one. It was determined that the claimant's exposure to noxious substances from sandblasting, paint stripping, and spraying red lead paint constituted such a feature. Expert testimony supported that the claimant's pulmonary condition was dormant and that his work exposure caused the disability, leading to the affirmation of the Board's decision.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseAggravation of Preexisting ConditionBridge PainterNoxious Substances ExposureSandblasting HazardsCausation in WCDormant Condition ActivationSubstantial Evidence ReviewWorkers' Compensation Board Appeal
References
7
Case No. 2019 NY Slip Op 00229 [168 AD3d 491]
Regular Panel Decision
Jan 15, 2019

Sanchez v. 404 Park Partners, LP

Luis Sanchez, a construction worker, was injured after falling through an uncovered floor opening at a work site. He moved for summary judgment on Labor Law §§ 240(1) and 241(6) claims against the property owner, 404 Park Partners, LP, the general contractor, Sciame Construction, LLC, and subcontractor Cord Contracting Co. Inc., which was granted by the Supreme Court. The Appellate Division, First Department, affirmed the liability findings against these parties, noting the owner and general contractor's statutory duties and the subcontractor's delegated duty to cover floor openings. Additionally, the court modified the lower court's indemnification rulings. It granted conditional full contractual indemnification to Sciame from United Air Conditioning Corp. II and conditional contractual indemnification to 404 Park and Sciame from Cord, contingent on the extent of their respective negligence, while also preserving factual issues concerning common-law negligence and Labor Law § 200 claims against Sciame.

Construction AccidentLabor LawSummary JudgmentContractual IndemnificationSubcontractor LiabilityOwner LiabilityGeneral Contractor LiabilitySafe Place to WorkIndustrial Code ViolationsProximate Cause
References
6
Case No. MISSING
Regular Panel Decision

McGlone v. Contract Callers, Inc.

Plaintiff Michael McGlone initiated a Fair Labor Standards Act (FLSA) action against Contract Callers, Inc. (CCI), Michael McGuire, and William Tim Wertz, alleging unpaid overtime for work performed before and after recorded workdays and during meal breaks. McGlone sought conditional certification for a nationwide collective action of Field Service Representatives (FSRs), asserting a common policy of wage violations, including uncompensated preparatory and concluding tasks, and automatic meal break deductions despite working through them. The court applied a two-step analysis for FLSA collective actions, focusing on the lenient "notice stage" standard. While the plaintiff claimed company-wide misconduct, his evidence for a nationwide class was deemed insufficient, relying primarily on "information and belief." Consequently, the court denied conditional certification for a nationwide class but granted it for FSRs employed in CCI's New York Division, where McGlone demonstrated direct personal knowledge of the alleged violations and supervisory directives. Additionally, the statute of limitations was equitably tolled as of the motion's filing date due to the court's processing time.

FLSACollective ActionConditional CertificationOvertime PayWage ViolationsMeal BreaksUncompensated WorkField Service RepresentativesEquitable TollingNew York Division
References
28
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