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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

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. 2025 NY Slip Op 02215 [237 AD3d 958]
Regular Panel Decision
Apr 16, 2025

NGM Ins. Co. v. MGC Design & Constr. Corp.

NGM Insurance Company initiated a declaratory judgment action to determine if it was obligated to defend or indemnify MGC Design & Construction Corp. in an underlying action stemming from a construction worker's trip and fall injury. The central dispute revolved around whether the worker, Carlos Guichay, sustained a "grave injury" as defined by Workers' Compensation Law § 11 (1), which would negate the employer's statutory shield from third-party liability. The Supreme Court granted NGM's motion for summary judgment, concluding that no grave injury occurred. The Appellate Division, Second Department, affirmed this decision, finding that the construction manager, IE Construction Management, LLC, failed to present a triable issue of fact and that medical evaluations indicated Guichay remained employable in some capacity, precluding a finding of "permanent total disability."

Declaratory JudgmentDuty to DefendDuty to IndemnifyConstruction Site AccidentTrip and FallBrain InjuryGrave InjuryWorkers' Compensation LawSummary JudgmentAppellate Division
References
11
Case No. MISSING
Regular Panel Decision

O'Sullivan v. IDI Construction Co.

Sean O’Sullivan, a cement and concrete laborer, was injured on October 14, 2000, when he tripped over a pipe at a multistory construction site in Manhattan. The property was owned by 251 East 51st Street Corp., with IDI Construction Company as the general contractor. O'Sullivan's employer, Cosner Construction, was the concrete subcontractor, and Teman Electrical Construction, Inc. was the electrical subcontractor. This document presents a dissenting opinion arguing that while there is no viable claim under Labor Law § 241 (6), questions of fact remain regarding Labor Law § 200 and common-law negligence, which should preclude summary judgment dismissing the plaintiff's cause of action. The dissent highlights that the pipe, which was permanently embedded in the floor and not barricaded or sufficiently visible, could constitute an unsafe condition. It suggests the owner and general contractor might be liable due to their potential input into the pipe's placement and the general contractor's assigned 'site safety manager'. The dissenting judges would reverse the extent of denying summary judgment for the defendant with respect to the Labor Law § 200 claim and reinstate it.

Construction accidentTrip and fallLabor Law § 200Labor Law § 241(6)Common-law negligenceWorkplace safetySummary judgmentGeneral contractor liabilityProperty owner liabilitySubcontractor responsibility
References
9
Case No. 2019 NY Slip Op 00061 [168 AD3d 431]
Regular Panel Decision
Jan 08, 2019

U.S. Specialty Ins. Co. v. SMI Constr. Mgt., Inc.

The U.S. Specialty Insurance Company sought summary judgment to avoid defending or indemnifying SMI Construction Management, Inc. in a personal injury lawsuit and to recoup defense costs. The Supreme Court, New York County, denied this motion, and the Appellate Division, First Department, unanimously affirmed the decision. The appellate court found that material issues of fact existed regarding whether SMI Construction Management, Inc. performed as a construction manager for a fee, which could trigger an exclusion in the insurance policy. The determination hinges on the actual duties performed by SMI, rather than merely its label, with evidence suggesting roles consistent with both a construction manager and a general contractor, including providing workers, materials, and supervision. Furthermore, the court noted that the compensation structure, which included profit and overhead, raised further questions, distinguishing the case from precedents involving flat fees. The plaintiff's claim of prejudice due to delayed notice was also deemed insufficient, and any determination regarding the primacy of coverage was considered premature.

Insurance PolicyConstruction ManagementSummary JudgmentIndemnificationDefense CostsPolicy ExclusionGeneral ContractorDuty to DefendNotice of AccidentContract Interpretation
References
5
Case No. MISSING
Regular Panel Decision

Walls v. Turner Construction Co.

This case concerns an appeal from an order regarding Labor Law claims against Turner Construction Company and Jordan Construction Company. The original order denied summary judgment to Turner for dismissing plaintiffs' claims under Labor Law § 240 (1) and § 241 (6), granted summary judgment to plaintiffs on their § 240 (1) claim against Turner, and denied Jordan's motion to amend its answer for a recalcitrant worker defense. It also denied Jordan summary judgment for dismissal of Turner's cross claims for contractual indemnification, contribution, and failure to procure insurance, while granting summary judgment to Turner on that cross claim. The appellate court modified the original order by dismissing Turner's cross claim concerning Jordan's failure to obtain insurance, but otherwise affirmed the order. A dissenting opinion argued that Turner, as construction manager, was not the owner's statutory agent for liability under Labor Law §§ 240 (1) and 241 (6) due to limited authority.

Labor LawStatutory AgentConstruction ManagementContractual IndemnificationRecalcitrant Worker DefenseSummary JudgmentCross ClaimsFailure to Procure InsuranceAppellate ReviewWorkplace Safety
References
8
Case No. MISSING
Regular Panel Decision
Apr 04, 2007

Uzar v. Louis P. Ciminelli Construction Co.

Plaintiffs appealed an order that granted summary judgment to defendants Turner Construction Company and Louis P Ciminelli Construction Co., Inc., dismissing their complaint in a personal injury action arising from a construction accident involving Robert Uzar. The Supreme Court's decision was affirmed, with the appellate court determining that Turner, as construction manager, was not liable under Labor Law § 241 (6) because it lacked responsibility for worker safety and control over subcontractors. Additionally, Ciminelli was found not liable under common-law negligence and Labor Law § 200 as it did not have supervisory control over the plaintiff's work or create the dangerous condition. The appellate court rejected the plaintiffs' contention that Turner acted as a general contractor or agent of the County, and similarly found no triable issue of fact regarding Ciminelli's liability. Therefore, the order dismissing the complaint was unanimously affirmed.

Construction AccidentSummary JudgmentLabor Law ClaimsContractor LiabilityConstruction ManagerWorker SafetySupervisory ControlCommon-Law NegligencePersonal InjuryAppellate Review
References
11
Case No. MISSING
Regular Panel Decision
Oct 02, 2003

Kerins v. Vassar College

This case involves an action for personal injuries sustained by the plaintiff, an employee of Swiss Electric Enterprises, Inc., at Vassar College. The plaintiff was injured when a broken glass pane in a double door slammed shut at a construction site where Kirchhoff Construction Management, Inc. was the general contractor. A jury found both Vassar College and Kirchhoff Construction Management, Inc. liable for violations of Labor Law § 200 and common-law negligence. The trial court initially set aside the verdict against Kirchhoff, but the appellate court modified this decision, reinstating the jury's verdict against Kirchhoff. The appellate court affirmed the trial court's denial of Vassar College's motion to set aside the verdict, concluding that sufficient evidence supported the jury's findings of liability against both defendants due to their actual or constructive notice of the dangerous condition.

Personal InjuryLabor Law § 200Common-Law NegligenceConstruction AccidentPremises LiabilityJury VerdictAppellate ReviewCPLR 4404(a)Directed VerdictWeight of Evidence
References
9
Case No. E2014-00139-COA-R3-CV
Regular Panel Decision
Sep 30, 2014

MSK Construction, Inc. v. Mayse Construction Company

MSK Construction, Inc. (MSK) filed a breach of oral contract action against Mayse Construction Company (Mayse) for failure to pay for equipment and fuel used in a construction project for the City of Athens. Mayse denied liability and filed a counterclaim for negligent misrepresentation, alleging MSK failed to include concrete testing costs in their estimate. Following a bench trial, the trial court found in favor of MSK, awarding damages and prejudgment interest, and denied Mayse's counterclaim. Mayse appealed the decision. The Court of Appeals of Tennessee at Knoxville affirmed the trial court's decision in its entirety, finding a valid oral contract existed and dismissing the negligent misrepresentation claim.

Breach of Oral ContractConstruction DisputeEquipment UsePrejudgment InterestNegligent MisrepresentationSubcontractor AgreementVendor AgreementAppellate ReviewContractual ObligationsDamages
References
28
Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
Case No. MISSING
Regular Panel Decision
Aug 07, 1998

Correia v. Professional Data Management, Inc.

Plaintiff, a painter employed by Creative Finishes, Ltd., fell 16 feet from an elevated platform while working at 685 Third Avenue in Manhattan, sustaining multiple fractures. He initiated an action against the building owner (Professional Data Management, Inc.), construction manager (Gotham Construction Corp.), and building manager (Williamson, Picket & Gross, Inc.), alleging negligence and violations of Labor Law §§ 200, 240, and 241. Gotham subsequently impleaded Creative Finishes, Ltd. for contractual and common-law indemnification. The Supreme Court granted plaintiff partial summary judgment on liability under Labor Law § 240 (1) and denied Gotham's cross-motion for summary judgment on its contractual indemnification claim. This appellate court affirmed the Supreme Court's orders, finding no evidence to support a recalcitrant worker defense and noting that factual questions regarding Gotham's own negligence, distinct from its statutory liability, precluded summary judgment on its contractual indemnity claim.

Labor LawScaffoldingAbsolute LiabilitySummary JudgmentContractual IndemnificationCommon-Law IndemnificationRecalcitrant Worker DefenseGeneral Obligations LawConstruction AccidentPainter Fall
References
9
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