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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

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision

Claim of Smallwood v. Mereda Realty Corp.

This case involves an appeal from a Workers' Compensation Board decision concerning the employment relationship of a building superintendent, the claimant, who sustained injuries. The Board determined that the claimant was both a general employee of Pueblo Nuevo Associates, the building owner, and a special employee of Mereda Realty Corporation, the managing company, holding both entities 50% liable for the claim. The claimant appealed this determination, specifically contesting the employment relationship with Pueblo Nuevo Associates. The appellate court affirmed the Board's decision, concluding that there was substantial evidence in the record to support the finding of a general employment relationship with Pueblo Nuevo Associates, even though other evidence could have supported a different conclusion.

Employment RelationshipGeneral EmployeeSpecial EmployeeDual EmploymentEmployer LiabilitySubstantial EvidenceAppellate ReviewWorkers' Compensation Board DecisionBuilding SuperintendentRent-free Apartment
References
11
Case No. MISSING
Regular Panel Decision
May 24, 1995

Claim of Shoemaker v. Manpower, Inc.

The case concerns an appeal from a Workers' Compensation Board decision regarding the employment status of a claimant who was injured while working at Westwood Pharmaceuticals. The claimant was generally employed by Manpower, Inc., a temporary employee supplier. Westwood contended that it was the claimant's special employer, limiting her remedy to workers' compensation. The Board initially found that Westwood's control was insufficient to establish a special employment relationship, ruling Manpower as the sole employer. Both Westwood and Manpower appealed this decision. The Appellate Division reversed the Board's findings, concluding that the evidence demonstrated Westwood exercised exclusive control and supervision over the claimant's activities, thereby establishing a special employment relationship. The matter was remitted to the Board for further proceedings consistent with this Court's decision.

Special EmploymentTemporary EmployeeWorkers' CompensationEmployer LiabilityControl TestDual EmploymentAppellate ReviewRemittalSubstantial EvidencePersonal Injury
References
8
Case No. MISSING
Regular Panel Decision

Graziano v. 110 Sand Co.

The case involves an injured truck driver, originally employed by Horan Sand & Gravel, who was assigned to work at 110 Sand Company's site. After sustaining injuries on the job, he accepted workers' compensation benefits from Horan. Subsequently, he and his wife filed a personal injury lawsuit against 110 Sand. 110 Sand moved for summary judgment, arguing the plaintiff was its 'special employee' and thus, the acceptance of workers' compensation benefits from Horan barred the lawsuit against them. The Supreme Court granted this motion, a decision which the appellate court affirmed. The appellate court agreed that the evidence supported the finding of a special employment relationship, and under Workers' Compensation Law, an injured worker who accepts benefits from their general employer is precluded from suing their special employer for the same injuries.

Personal InjuryWorkers' CompensationSpecial EmployeeGeneral EmployerSummary JudgmentAppellate ReviewSuffolk CountyNew York LawEmployer LiabilityDerived Claim
References
10
Case No. MISSING
Regular Panel Decision

Claim of McLeod v. Ground Handling, Inc.

This case addresses whether an accident occurring on a public street, away from the immediate place of employment but near the workplace, arose out of and in the course of employment. The court examined the 'gray area' where risks of street travel merge with employment risks, emphasizing the need for a special hazard at the accident point and a close association of the access route with the premises. The Board found no special hazard on the county road, which was used by the general public and not controlled by the employer. Consequently, the accident was deemed a risk shared by the general public, not related to the claimant's employment. The decision affirming the Board's finding that the injury did not arise out of and in the course of employment was upheld.

Workers' CompensationCourse of EmploymentOff-premises AccidentSpecial Hazard RuleStreet RiskGoing and Coming RulePublic RoadAccess RouteEmployer ControlAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Claim of Johnson v. New York City Health & Hospitals Corp.

This case involves appeals from decisions of the Workers’ Compensation Board regarding the employment status of a decedent. The decedent, a staff physician at Bellevue Hospital, was murdered. Her husband, the claimant, filed a wrongful death action against New York City Health and Hospitals Corporation (NYCHHC), which operated Bellevue. NYCHHC argued it was the decedent's special employer, making workers' compensation the exclusive remedy. However, a Workers’ Compensation Law Judge and the Board determined that New York University Medical Center (NYU) was the decedent's sole employer. The appellate court affirmed the Board's finding, citing substantial evidence that NYU provided all professional services at Bellevue, employed and supervised the physicians, and controlled the details of their work, even though NYCHHC had general hospital oversight. The court reiterated that when evidence supports both general and special employment, the ultimate determination is a question of fact for the Board, and its decision stands if supported by substantial evidence.

Workers' Compensation Board AppealSpecial EmploymentGeneral EmploymentEmployer LiabilityWrongful Death ActionPhysician EmploymentHospital Affiliation AgreementSubstantial EvidenceQuestion of FactJudicial Review
References
7
Case No. MISSING
Regular Panel Decision

Claim of Foti-Crawford v. Buffalo General Hospital

A registered nurse sustained a back injury in July 1991 while concurrently employed by Buffalo General Hospital and Supplemental Health Care, leading to permanent partial disability. The Workers’ Compensation Board awarded benefits of $153.36 per week and ruled that the Special Disability Fund should reimburse the hospital's carrier for most of these benefits under Workers’ Compensation Law § 14 (6). The Fund appealed, contending that reimbursement was unwarranted as the benefits did not exceed the maximum amount the hospital would have paid without concurrent employment. The court affirmed the Board's decision, finding its interpretation rational, especially given the claimant returned to work for the primary employer.

Workers' CompensationConcurrent EmploymentSpecial Disability FundReimbursementPermanent Partial DisabilityAverage Weekly WageAppellate ReviewBack InjuryNurseWorkers' Compensation Law
References
2
Case No. 88 Civ. 1534
Regular Panel Decision

Barbagallo v. General Motors Corp.

Plaintiff Thomas L. Barbagallo filed a class action lawsuit against General Motors Corporation (GM) in New York, alleging age discrimination related to its Special Separation Program. The program offered varied separation incentives based on employee age and length of service, notably restricting severance pay to employees under age 53. GM sought summary judgment, asserting that its program, including severance pay provisions, falls under the federal Employment Retirement Income Security Act (ERISA), thus preempting New York's age discrimination laws. The Court analyzed whether the severance pay provisions, both in isolation and as an integrated part of the overall program, constituted an employee welfare benefit plan under ERISA, differentiating it from one-time severance payments. Concluding that GM's Special Separation Program, with its severance pay components, is governed by ERISA, the Court found Barbagallo's state law age discrimination claim preempted and granted GM's motion for summary judgment.

Summary JudgmentERISA PreemptionAge DiscriminationSeverance PayEmployee Welfare Benefit PlanSpecial Separation ProgramFederal Rules of Civil ProcedureEmployment LawState Law ClaimsStatute of Limitations
References
18
Case No. MISSING
Regular Panel Decision
Jan 14, 2000

Syku v. La Barranca Realty Corp.

The plaintiff, a general employee of Vikrok Associates, was injured while working on premises owned by the defendant third-party plaintiff. The defendant moved for summary judgment, asserting the plaintiff was a special employee, thereby invoking the Workers' Compensation Law as a bar to the action. The Supreme Court initially denied this motion. On appeal, the order was reversed, with the appellate court finding that the defendant controlled the plaintiff's work and directly paid him, thus establishing a special employment relationship. Consequently, the complaint was dismissed, upholding the defendant's defense under the Workers' Compensation Law.

personal injuryspecial employmentworkers' compensationsummary judgmentliabilitygeneral employerappellate reversalpremises liabilitytort lawthird-party plaintiff
References
4
Case No. MISSING
Regular Panel Decision
Nov 30, 2015

Claim of Gramza v. Buffalo Board of Education

Claimant, a teacher, sustained a work-related injury to his left shoulder and neck in 2005 and was subsequently classified with a permanent partial disability. The employer sought reimbursement from the Special Disability Fund, citing the claimant's preexisting medical conditions, including rheumatoid arthritis and hypertension. The Workers' Compensation Board granted this application, prompting an appeal from the Fund. The court affirmed the Board's decision, finding substantial evidence that the claimant's rheumatoid arthritis was a permanent condition restricting hand use and hindering general employability. An independent medical reviewer's opinion further supported that the claimant's overall disability was significantly greater due to the combined effect of both conditions.

Workers' CompensationSpecial Disability FundReimbursementPreexisting ImpairmentRheumatoid ArthritisPermanent Partial DisabilityMaterially and Substantially Greater DisabilityGeneral EmployabilityIndependent Medical ReviewerAppellate Division
References
6
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