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Case Law Database

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

Case No. 2018 NY Slip Op 06230 [164 AD3d 1425]
Regular Panel Decision
Sep 26, 2018

Hill v. Mid Is. Steel Corp.

The plaintiff, Danny Hill, appealed an order from the Supreme Court, Suffolk County, which granted summary judgment to Mid Island Steel Corp. in a personal injury action. Hill sustained injuries using a telescoping lift owned by Mid Island Steel Corp. The Appellate Division, Second Department, affirmed the dismissal of the Labor Law § 200 claim against Mid Island Steel Corp., finding it was not an owner, contractor, or agent. However, the court modified the order, reinstating the common-law negligence claim, as Mid Island Steel Corp. failed to prima facie establish the lift was not in a defective condition.

Personal InjurySummary JudgmentCommon-law NegligenceLabor Law § 200Defective EquipmentTelescoping LiftAppellate ReviewEmployer LiabilityProperty Owner LiabilitySafe Place to Work
References
5
Case No. MISSING
Regular Panel Decision

Mid Hudson Pam Corp. v. Hartnett

Petitioners Mid Hudson Pam Corporation and Whitaft Corporation sought CPLR article 78 review of two determinations by the Commissioner of Labor. The Commissioner found that Whitaft, as a subcontractor, and Mid Hudson, as a general contractor, willfully failed to pay required prevailing wages and supplements on a public works project with Marlboro Central School District. An investigation revealed inadequate payroll records, underpayments, and misrepresentation of 'taxable adjustment column' (TAC) payments, which were used for benefits like vacation/sick pay, not prevailing wages. The Commissioner ordered Mid Hudson to pay $3,097.56 in wages, $851.82 interest, and a $764.38 penalty, and Whitaft to pay $31,012.97 in wages, $7,759.52 interest, and a $6,205.59 penalty. The court confirmed the Commissioner's findings, concluding that substantial evidence supported the determinations, including the willfulness of the violations, and dismissed the petitions.

Public WorksPrevailing Wage LawWage UnderpaymentPayroll Record KeepingWillful ViolationAdministrative ReviewCivil PenaltiesDebarmentSubcontractor LiabilityGeneral Contractor Liability
References
11
Case No. 2022 NY Slip Op 02801 [204 AD3d 1016]
Regular Panel Decision
Apr 27, 2022

Matter of Panos v. Mid Hudson Med. Group, P.C.

Spyros Panos was terminated from Mid-Hudson Medical Group (MHMG) for submitting fraudulent medical bills and subsequently pleaded guilty to healthcare fraud. Panos initiated an action for breach of contract against MHMG, which proceeded to arbitration. The arbitrator applied the faithless servant doctrine and granted MHMG's motion for summary judgment, dismissing Panos's claims. Panos then sought to vacate the arbitration award in the Supreme Court, Dutchess County, but the court denied his petition and dismissed the proceeding. On appeal, the Appellate Division affirmed the lower court's judgment, concluding that Panos failed to demonstrate that the arbitrator manifestly disregarded the law.

Arbitration awardVacaturFaithless servant doctrineBreach of contractSummary judgmentHealth care fraudAppellate reviewJudicial reviewEmployment agreementFiduciary duty
References
18
Case No. ADJ6467730
Regular
May 14, 2019

SAMUEL JACKSON vs. BAY PHOTO LAB, MID CENTURY INSURANCE COMPANY

This case involves Samuel Jackson claiming permanent and total disability due to a work injury to his back, psyche, and other body parts, which his employer's insurer, Mid Century Insurance Company, contested. After the Administrative Law Judge initially awarded permanent total disability, the insurer petitioned for reconsideration. The parties subsequently submitted a Compromise and Release agreement for $657,813.60, which the Appeals Board has approved. The Board rescinded the prior award and approved the settlement, finding it adequate and in the applicant's best interest.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePermanent Total DisabilityFindings Award and OrderLabor Code Section 5001WCAB Rule 10882Labor Code Section 5002Medicare Set AsideAnnuity
References
0
Case No. MISSING
Regular Panel Decision
Jan 31, 2007

Mid-Valley Oil Co. v. Hughes Network Systems, Inc.

This case involves appeals from an order and a judgment in an action seeking common-law and contractual indemnification. The plaintiff, Mid-Valley Oil Company, Inc., and intervenor plaintiff, Westport Insurance Corporation (as subrogee of Mid-Valley), sought indemnification from Hughes Network Systems, Inc., following a judgment obtained against Mid-Valley by an injured worker. The worker was employed by North Star Video, Inc., a company hired by Hughes. The Supreme Court denied summary judgment for the plaintiffs and granted summary judgment to Hughes and North Star, dismissing the complaints. On appeal, the order dated December 22, 2006, was dismissed, and the judgment entered January 31, 2007, was affirmed insofar as appealed from. The appellate court found that Hughes was not negligent and lacked authority over the work, and that Mid-Valley and Westport were not third-party beneficiaries of the relevant contracts.

IndemnificationContractual IndemnificationCommon-Law IndemnificationSummary JudgmentAppellate ProcedureThird-Party BeneficiaryLabor Law § 240(1)Vicarious LiabilityNegligenceControl of Work
References
8
Case No. MISSING
Regular Panel Decision

New York Ex Rel. Vacco v. Mid Hudson Medical Group, P.C.

The People of the State of New York, represented by the Attorney General, sued Mid Hudson Medical Group, P.C., alleging discrimination against hearing-impaired patients by failing to provide sign language interpreters for medical examinations, in violation of federal and state civil rights laws including the ADA and the Rehabilitation Act. Mid Hudson moved to dismiss federal claims for lack of standing and arguing Medicaid/Medicare reimbursements were not federal financial assistance. The court denied Mid Hudson's motion to dismiss, affirming the state's parens patriae standing and confirming that Medicaid and Medicare constitute federal financial assistance. Additionally, the court denied Mid Hudson's motion to compel production of TTY conversation transcripts, holding they were protected by the attorney work product doctrine.

Americans with Disabilities ActRehabilitation ActDisability DiscriminationMedical AccessibilitySign Language InterpretationParens Patriae DoctrineStanding to SueFederal Financial AssistanceAttorney Work Product DoctrineMotion to Dismiss
References
32
Case No. MISSING
Regular Panel Decision
Aug 07, 1984

Murtaugh v. Bankers Trust Co.

In November 1978, claimant Murtaugh filed a discrimination claim against Bankers Trust Company of Albany, N. A. following her 1977 dismissal, citing Workers’ Compensation Law § 241. The Workers’ Compensation Board affirmed a discrimination finding, which was subsequently upheld by the Appellate Division. An administrative law judge directed Murtaugh's reinstatement and awarded back wages from January 1, 1978, to October 19, 1982, with an offset for unemployment benefits. The Bank appealed this decision, contending the back pay award was unauthorized under Workers’ Compensation Law § 120, arguing Murtaugh failed to accept reemployment or mitigate damages. The court found substantial evidence that no bona fide reemployment offer was made and that the issue of mitigation of damages was not properly raised. Consequently, the court affirmed the Board's decision, upholding Murtaugh's entitlement to back pay.

Workers' Compensation LawDiscriminationBack Pay AwardReinstatementMitigation of DamagesUnemployment BenefitsOffer of ReemploymentAppellate DivisionNew York LawEmployer Liability
References
4
Case No. MISSING
Regular Panel Decision

Claim of Neal v. Blue Circle Cement

The claimant, a laborer, suffered a compensable back injury in November 1998 and returned to work after eight months. In January 2002, he sustained another back injury. A Workers’ Compensation Law Judge determined that the January 2002 injury was an aggravation of the prior 1998 injury, assigned disability levels from January 2002 to April 2003, and found no compensable lost time thereafter. The Workers’ Compensation Board affirmed this decision. The Appellate Division found substantial evidence, including medical testimony and MRI comparisons, to support the Board’s determination regarding the aggravation of the injury and the disability levels. The court also upheld the Board's prerogative to resolve conflicting medical evidence and make credibility determinations, particularly in light of evidence that the claimant exaggerated his symptoms.

Workers' CompensationBack InjuryAggravation of InjuryDisability LevelsMedical EvidenceCredibility AssessmentEmployer LiabilityJudicial ReviewAppellate DivisionAdministrative Law
References
4
Case No. No. 84
Regular Panel Decision
Dec 22, 2020

Deutsche Bank National Trust Company v. Morgan Stanley Mortgage Capital Holdings

The New York Court of Appeals reversed an Appellate Division order, reinstating the Supreme Court's decision in a residential mortgage-backed securities (RMBS) put-back action. The core issue was whether allegations of gross negligence could render a contractual "sole remedy provision" unenforceable, allowing for broader compensatory and punitive damages. The Court held that the public policy exception for gross negligence only applies to exculpatory or nominal damages clauses, not to contractual limitations on remedies that provide for more than nominal relief and are intended to make the injured party whole. It found the sole remedy provision (cure or repurchase of defective loans) to be neither exculpatory nor nominal. Additionally, claims for punitive damages and attorneys' fees were dismissed, as no independent tort was established for punitive damages and the contract did not clearly authorize attorneys' fees.

RMBS litigationcontractual limitationsgross negligencesole remedyexculpatory clausenominal damagesbreach of contractpublic policypunitive damagesattorneys' fees
References
42
Case No. MISSING
Regular Panel Decision

Claim of La Fave v. St. Lawrence County

Claimant sustained a work-related back injury in October 1992. Years later, in November 1996, he was diagnosed with sciatica and a herniated disc, leading to surgery in March 1997. The Workers’ Compensation Board concluded that his back condition was causally related to the 1992 injury. The employer appealed this decision. The court affirmed the Board's finding, noting medical evidence supporting the causal relationship from the treating orthopedist and an independent medical examiner, despite the employer's consultant expressing doubts. The court also found no abuse of discretion by the Board in rejecting the employer's request for further record development due to untimeliness.

Workers' CompensationBack InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationBoard DecisionAppealAffirmationTimelinessRecord Development
References
4
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