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

Case No. 2023 NY Slip Op 05661 [221 AD3d 429]
Regular Panel Decision
Nov 09, 2023

Keilitz v. Light Tower Fiber N.Y., Inc.

Christopher Keilitz, an electrician working for Hellman Electric Corp., was injured when a vacuum fell into a manhole and struck him during the installation of fiber optic cables. Keilitz sued Light Tower Fiber New York, Inc., Verizon New York, Inc., Verizon Communications, Inc., and Empire City Subway (ECS) under New York Labor Law. The Supreme Court initially denied Keilitz's motion for partial summary judgment on his Labor Law § 240 (1) and § 241 (6) claims and dismissed claims against the defendants. The Appellate Division, First Department, modified the Supreme Court's order, granting Keilitz partial summary judgment on his Labor Law § 240 (1) claim against ECS and Light Tower. The court determined that Keilitz's work constituted an 'altering' activity under the statute and that the falling vacuum presented an elevation-related risk, rendering other related claims moot.

Labor Law § 240(1)Summary JudgmentFalling ObjectElevation-Related RiskManhole AccidentFiber Optic InstallationAlteration WorkAppellate DivisionThird-Party ClaimContractual Indemnification
References
9
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. 2017 NY Slip Op 06500 [153 AD3d 1475]
Regular Panel Decision
Sep 14, 2017

Matter of Golovashchenko v. Asar Intl. Corp.

Claimant Leonid Golovashchenko, an asbestos handler, sustained multiple injuries and was awarded partial disability benefits. The Workers' Compensation Law Judge (WCLJ) classified him with a 60% loss of wage-earning capacity, concluding he could perform light work. On appeal, the Appellate Division, Third Department, found the WCLJ's determination regarding claimant's capacity for light work was not supported by substantial medical evidence, as treating physicians rated him for less than sedentary or sedentary work. The court modified the decision, reversing the finding on light work capacity and the associated 60% loss of wage-earning capacity. The matter was remitted to the Workers' Compensation Board for further proceedings to properly ascertain the claimant's loss of wage-earning capacity, advising that an updated vocational rehabilitation report should be considered.

Workers' CompensationWage-Earning CapacityPermanent Partial DisabilityMedical ImpairmentFunctional AbilityVocational FactorsLight Work CapacitySubstantial EvidenceRemittalAppellate Review
References
4
Case No. 2017 NY Slip Op 08382 [155 AD3d 1049]
Regular Panel Decision
Nov 29, 2017

Matter of Soliman v. Suffolk County Dept. of Pub. Works

Nader I. Soliman, a Senior Civil Engineer for Suffolk County Department of Public Works, was terminated after an arbitration award found him guilty of misconduct for accessing unauthorized, sexually explicit websites during work hours. Soliman petitioned the Supreme Court, Suffolk County, to vacate the arbitration award, but the court denied the petition, dismissed the proceeding, and confirmed the award. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding that Soliman failed to demonstrate by clear and convincing evidence that the arbitration award was irrational or that the arbitrator exceeded their powers.

MisconductArbitration AwardVacaturCPLR Article 75Appellate ReviewPublic EmploymentTerminationEmployee MisconductRationality of AwardArbitrator Powers
References
10
Case No. 533112
Regular Panel Decision
Mar 17, 2022

Matter of Reyes v. H & L Iron Works Corp.

A claimant appealed a Workers' Compensation Board decision which found he violated Workers' Compensation Law § 114-a and permanently disqualified him from future indemnity benefits. The claimant, Leonel Reyes, sustained work-related injuries in 2016 and received benefits. However, he failed to fully disclose his disc jockey activities and the physical nature of this work to the Board, carrier, and examining physicians while collecting benefits. Surveillance videos showed him lifting heavy equipment, contradicting his testimony. The Workers' Compensation Board affirmed the WCLJ's finding of a violation and the imposition of both mandatory and discretionary penalties. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the violation and that the permanent forfeiture of indemnity benefits was not a disproportionate penalty given the claimant's multiple egregious misrepresentations.

Workers' Compensation Law § 114-aFalse RepresentationIndemnity BenefitsPermanent DisqualificationUndisclosed EmploymentDisc JockeyMaterial MisrepresentationSubstantial EvidenceWitness CredibilityDiscretionary Penalty
References
7
Case No. MISSING
Regular Panel Decision

Browne v. Medford Multicare

The claimant, a certified nurse's aide, sustained injuries after falling at work and subsequently received workers' compensation benefits. After rejecting multiple offers for light-duty assignments, the employer and its workers' compensation carrier contended that she had voluntarily withdrawn from the labor market. The Workers' Compensation Board concurred with the employer's assertion, ruling that the claimant had no compensable lost time following the final light-duty work offer. This decision was appealed. The court affirmed the Board's determination, citing substantial evidence, including the opinion of an orthopedic surgeon who stated that the claimant had a moderate partial disability but was capable of performing light-duty work within specified restrictions.

Workers' Compensation BenefitsLight-Duty WorkVoluntary Withdrawal from Labor MarketIndependent Medical ExaminationOrthopedic Surgeon OpinionSubstantial EvidenceAppellate ReviewDisability AssessmentCertified Nurse's AideEmployer Offer
References
5
Case No. MISSING
Regular Panel Decision

Monteiro v. Heckler

Plaintiff Fernando Monteiro sought reversal of a Secretary's decision denying his Social Security Disability Insurance Benefits application, arguing he was unable to perform light work. The Administrative Law Judge (ALJ) had found Monteiro capable of light work, but the Court determined this finding was not supported by substantial evidence. The Court critically reviewed the medical opinions, especially that of Monteiro's treating physician, Dr. Ippolito, who consistently concluded Monteiro could only perform sedentary work. The Court found the ALJ misconstrued Monteiro's testimony regarding daily activities and improperly relied on an undocumented report from an unnamed physician. Consequently, the Court reversed the Secretary's finding of no disability and remanded the case for a calculation of benefits, concluding Monteiro met the criteria for disability based on sedentary work capacity.

Social SecurityDisability BenefitsSedentary WorkLight WorkResidual Functional CapacityTreating Physician RuleSubstantial EvidenceMedical EvidenceALJ DecisionJudicial Review
References
10
Case No. 698 F.Supp. 452
Regular Panel Decision
Jan 01, 1988

Tunis v. Corning Glass Works

Catherine Tunis, a process engineer at Corning Glass, filed a lawsuit alleging sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. She claimed a hostile work environment due to pinup photographs, gender-based language, and catcalls, and that her termination was in retaliation for her complaints and an EEOC filing. The court found that the employer took prompt and reasonable remedial action regarding the hostile environment claims. Additionally, the court determined that Tunis failed to demonstrate that the legitimate, non-discriminatory reasons provided by Corning Glass for her termination were merely a pretext for discrimination. Consequently, all of Tunis's claims were dismissed, and judgment was entered in favor of the defendant.

Sex DiscriminationHostile Work EnvironmentRetaliationTitle VIICivil Rights ActEmployment DiscriminationWorkplace HarassmentGender BiasWrongful TerminationFederal Lawsuit
References
12
Case No. MISSING
Regular Panel Decision

Claim of Yannucci v. Consolidated Freightways

A claimant, a truck driver, sustained back and shoulder injuries after striking a curb. He returned to a light-duty clerical position but later retired. The Workers' Compensation Board denied him further benefits, ruling he voluntarily withdrew from the labor market. On appeal, the central issue was whether his disability caused or contributed to his retirement. Conflicting medical opinions were presented, with his treating physician recommending retirement due to a 75% permanent partial disability, while the employer's physician believed he could continue light-duty work. The Board credited the employer's physician, noting the employer's accommodations and no lost work time in the light-duty role. The appellate court affirmed the Board's determination, finding substantial evidence supported its decision.

Workers' CompensationVoluntary withdrawal from labor marketDisability benefitsLight-duty workMedical evidencePermanent partial disabilityCredibility determinationSubstantial evidenceAppellate reviewRetirement
References
6
Case No. MISSING
Regular Panel Decision

Claim of Peluso v. Fairview Fire District

The claimant, a firefighter captain, retired in May 1993 due to a disabling back condition from work-related injuries sustained over 20 years of employment. He applied for various disability benefits. The Workers' Compensation Board denied his claim for workers’ compensation benefits, concluding he voluntarily withdrew from the labor market by failing to accept an available light-duty assignment. The chief of the fire department testified that light-duty positions were available and the claimant refused one prior to retirement without citing work-related injury as his reason. The court found substantial evidence to support the Board’s conclusion, noting medical evidence showed only a partial disability and no inability to perform light-duty tasks. Consequently, the court affirmed the Board's decisions.

Workers' CompensationVoluntary WithdrawalLabor MarketLight-Duty AssignmentFirefighterDisability BenefitsAppellate ReviewMedical EvidencePartial DisabilityWorkers' Compensation Board
References
8
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