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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

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. MISSING
Regular Panel Decision

Claim of Chirino v. Sanitary Controls, Inc.

This case concerns appeals from Workers’ Compensation Board decisions that upheld the State Insurance Fund's cancellation of a workers’ compensation policy for Sanitary Controls, Inc. due to nonpayment. The Fund sent a cancellation notice on November 23, 1976, effective December 11, 1976. Sanitary received it eight days before the effective date. Concurrently, Sanitary filed for bankruptcy, and a court order stayed proceedings against it but did not explicitly stop the policy cancellation. The appeals court affirmed the Board’s decision, holding that service of cancellation is effective upon mailing, not receipt, as per Workers’ Compensation Law § 54, subd 5, and that the bankruptcy filing did not negate Sanitary’s insurance obligations.

Policy CancellationNonpayment of PremiumBankruptcy LawService of NoticeInsurance LiabilityAppellate ProcedureStatutory InterpretationEmployer ObligationsInsurer ObligationsBoard Decisions
References
4
Case No. 034765412M
Regular Panel Decision

McAtee v. Environmental Control Board of the Department of Environmental Protection

The petitioner, Darin E McAtee, sought to annul a New York City Environmental Control Board (ECB) determination that found him in violation of Administrative Code § 28-404.1 and imposed a $4,800 fine. The violation stemmed from a window washing company hired by McAtee, whose worker lacked a rigger's license. McAtee argued that the Administrative Code section was vague as applied to nonsupervisory homeowners and that New York Labor Law preempted local laws regarding window washers. The court found that the ECB's interpretation of the statute had no rational basis, as the code's language did not apply to homeowners who neither hoisted nor supervised the work. Consequently, the court granted McAtee's petition, annulled the ECB's determination, and dismissed the notice of violation.

Workers' CompensationAdministrative LawJudicial ReviewStatutory InterpretationHomeowner LiabilityBuilding CodesRigger LicenseDue ProcessPreemptionNew York City
References
12
Case No. MISSING
Regular Panel Decision

Control Network Communications, Inc. v. International Brotherhood of Electrical Workers

Plaintiff Control Network Communications, Inc. (CNC) initiated an action against defendant International Brotherhood of Electrical Workers, Local Union No. 236, alleging breach of contract and fraud under the Labor Management Relations Act (LMRA). CNC contended that Local 236 violated a 'most favored nations' clause in their collective bargaining agreement by offering more favorable terms to another employer, Adirondack Cabling. CNC's grievance was ultimately denied by the Labor Management Committee (LMC). The court granted Local 236's motion to dismiss, finding the LMC's decision on the breach of contract claim to be final and binding due to CNC's failure to timely petition for vacation. Additionally, the court ruled that CNC's fraud claim was preempted by the LMRA, as its resolution required interpretation of the collective bargaining agreement.

Breach of contractFraud claimLabor Management Relations Act (LMRA)Most favored nations clauseCollective bargaining agreement (CBA)Grievance procedureMotion to dismissFederal preemptionLabor Management Committee (LMC)Final and binding determination
References
20
Case No. 2019 NY Slip Op 02281
Regular Panel Decision
Mar 26, 2019

Matter of Whiting-Turner Contr. Co. v. Environmental Control Bd. of the City of N.Y.

The Appellate Division, First Department, confirmed a determination by the Environmental Control Board of the City of New York, which found Whiting-Turner Contracting Company in violation of New York City Building Code § BC 3301.2 and imposed a penalty of $2,400. The court found substantial evidence to support the Board's determination that Whiting-Turner was the general contractor and thus responsible for safety measures at a mall construction site, where a worker was injured. The court also upheld the Board's limitation of administrative appellate review to the record established before the hearing officer, as petitioner failed to show good cause for admitting new records after the hearing.

Building Code ViolationGeneral Contractor LiabilityConstruction Site SafetyAdministrative ReviewCPLR Article 78Appellate DivisionEnvironmental Control BoardWork PermitSubstantial EvidenceRecord Review
References
1
Case No. MISSING
Regular Panel Decision

Ibarra v. Equipment Control, Inc.

Roman Ibarra, an employee of Atlantic Waste Disposal, Inc., was injured by a bailing machine and subsequently filed a workers' compensation claim. He then commenced a negligence and product liability action against the manufacturer, Equipment Control, Inc. Equipment Control, Inc. initiated a third-party action for contribution and indemnification against Atlantic and Empire State Recycling Corporation. Atlantic moved for summary judgment, asserting that the 1996 amendment to Workers’ Compensation Law § 11 restricted its liability for contribution to cases involving a 'grave injury,' which it argued Ibarra had not sustained. The Supreme Court denied Atlantic's motion, but the appellate court reversed, finding the amended statute applicable, placing the burden of proving 'grave injury' on the third party, and concluding that Ibarra's loss of vision in one eye did not meet the statutory definition of a 'grave injury.' Consequently, all claims and cross claims against Atlantic were dismissed.

Workers' Compensation LawContribution and IndemnificationGrave InjuryStatutory InterpretationProspective ApplicationSummary JudgmentAppellate ReviewThird-Party ClaimsEmployer LiabilityPersonal Injury
References
12
Case No. SAU9997873
Regular
Nov 20, 2019

MELVIN GARCIA GALDAMES vs. VINYL TECHNOLOGY, INC., SEDGWICK, CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed a petition for reconsideration of an order consolidating liens under Labor Code § 139.21, as it was not a final order. However, the Board granted the petition for removal, finding that consolidating Mesa Pharmacy's liens without a determination of whether it was controlled by suspended provider John Garbino violated due process. The Board amended the consolidation order to only include liens filed by or on behalf of John Garbino or entities controlled by him, and scheduled a new status conference.

Labor Code § 139.21Petition for RemovalPetition for ReconsiderationOrder of ConsolidationSuspended ProviderControlled EntityDue ProcessIrreparable HarmThreshold IssueInterlocutory Order
References
0
Case No. ADJ9917235 MF ADJ9917234
Regular
Sep 28, 2018

JOSE ARANA vs. 9 TO 5 SEATING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding. The defendant failed to prove that liens filed by Reshealth Medical Group and Trucare Pharmacy should be stayed under Labor Code section 4615. Specifically, the Board found insufficient evidence that Reshealth Medical was controlled by a criminally charged individual, and while Trucare participated in a fraud scheme, there was no proof the individual controlled the entity as statutorily defined. Therefore, neither lien was stayed.

Labor Code section 4615Labor Code section 139.21criminally charged providerlien staycontrolled entityDIR listEAMS notationburden of proofReshealth MedicalTrucare Pharmacy
References
3
Case No. ADJ9427419
Regular
Aug 21, 2018

RAMIRO ESPINOZA vs. BALDWIN CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns whether Reshealth Medical Group's lien is subject to a stay under Labor Code section 4615 due to the criminal indictment of Eric Schames. The Workers' Compensation Appeals Board (WCAB) rescinded the prior finding that the lien was stayed, finding insufficient evidence that Schames controlled Reshealth Medical Group as an officer, director, or 10% shareholder. The Board determined the defendant failed to meet its burden of proof and returned the case for further proceedings to clarify Schames' affiliation and the application of the "controlled entity" definition.

Labor Code section 4615Lien claimantPetition for ReconsiderationFindings of Fact and OrderAdministrative Law JudgeBurden of ProofDIR listEAMS notationCriminal indictmentOfficer or director
References
3
Case No. ADJ10229956
Regular
Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee
References
13
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