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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

Nears v. Holiday Hospitality Franchising, Inc.

Sharon Nears appealed the entry of summary judgments in favor of Holiday Hospitality Franchising, Inc. (HHFI) and Six Continents Hotels, Inc. Nears had sued for wrongful termination and intentional infliction of emotional distress, alleging her supervisor, Jack Marshall, engaged in abusive behavior while she worked at a Holiday Inn hotel managed by ETEX Hotel Management Co., Inc. Nears contended that HHFI was vicariously liable for Marshall's and ETEX's actions based on theories of actual and apparent authority. The appellate court affirmed the summary judgments, finding Nears failed to present a genuine issue of material fact regarding HHFI's control over Marshall's supervisory interactions with Nears, thus precluding a finding of actual or apparent agency.

Summary Judgment AppealVicarious LiabilityActual AuthorityApparent AuthorityAgency RelationshipFranchisor LiabilityWrongful TerminationIntentional Infliction of Emotional DistressEmployee SupervisionHotel Management
References
28
Case No. H-95-3595
Regular Panel Decision
Oct 10, 1996

CROWN CENT. PETRO. CORP. v. Rust Scaffold Builders, Inc.

Crown Central Petroleum Corporation (Crown) sued Continental Casualty Company (Continental) for defense costs and indemnification related to lawsuits filed by two SBI employees who claimed injuries from hydrofluoric acid exposure. Crown had a contract with SBI, making Crown an additional insured on SBI's policy. Continental moved for summary judgment, arguing an 'absolute pollution exclusion' in SBI's policy negated its duty to defend or indemnify Crown. The court analyzed the 'eight corners rule' and found the pollution exclusion unambiguous, applying it to the alleged injuries. Consequently, the court granted Continental's motion for summary judgment, dismissing all claims against Continental and Near North.

summary judgmentinsurance policypollution exclusionduty to defendduty to indemnifycontract interpretationhydrofluoric acidpersonal injuryTexas lawFifth Circuit
References
14
Case No. MISSING
Regular Panel Decision
Nov 24, 1982

Fulford v. Baker Perkins, Inc.

Sam Fulford, the plaintiff, sought damages for personal injuries (traumatic amputation of fingers) sustained in 1975 from a compound blending machine manufactured by the defendant. The action, filed in 1977, was based on theories of negligence, breach of warranty, and strict products liability. Nearly five years into the litigation, with the trial pending, the defendant moved to amend its answer to include three additional affirmative defenses: lack of privity, failure to state a cause of action due to machine modifications, and Statute of Frauds. The Supreme Court, Suffolk County, denied this motion, citing prejudice to the plaintiff. The appellate court affirmed the denial, finding no improvident exercise of discretion, emphasizing the defendant's inordinate delay and the resulting prejudice to the plaintiff's case preparation.

Personal Injury DamagesProducts Liability ClaimNegligence ActionBreach of Warranty DefenseStrict Products LiabilityAmending PleadingsAffirmative Defenses AddedPrejudice to PlaintiffDelay in MotionJudicial Discretion Review
References
7
Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
Case No. MISSING
Regular Panel Decision
May 08, 2003

Allianz Underwriters Insurance v. Landmark Insurance

This case involves an appeal by Allianz Underwriters Insurance Company, an excess liability insurer, against the law firm Underberg & Kessler, LLP. Allianz alleged that Underberg, retained by the primary insurer General Star Indemnity Corporation to represent their mutual insured Dunlop Tire Corporation in an underlying wrongful death action, breached its fiduciary duty and committed professional negligence. Allianz claimed Underberg failed to initiate a third-party action against Nicholson & Hall, Dunlop's employer (also insured by General Star), to protect General Star's interests over Dunlop's and Allianz's. The Supreme Court initially dismissed Allianz's complaint against Underberg. However, the Appellate Division, First Department, reversed this decision, holding that Allianz could pursue its claim against Underberg based on principles of equitable subrogation and a "near privity" relationship, thereby reinstating the complaint.

Equitable SubrogationLegal MalpracticeProfessional NegligenceExcess InsurancePrimary InsuranceFiduciary DutyNear PrivityDismissal ReversalAppellate ReviewIndemnification Clause
References
15
Case No. MISSING
Regular Panel Decision

Health Acquisition Corp. v. Program Risk Management Inc.

The plaintiffs, home health care companies (Health Acquisition Corp., Bestcare, Inc., and Aides at Home, Inc.), sued various defendants, including accounting firm DeChants, Fuglein & Johnson, LLP (DFJ) and actuarial firm SGRisk, LLC, for professional negligence and negligent misrepresentation. The suit arose after the self-insurance trust they were members of became insolvent, leading to significant assessments from the Workers' Compensation Board. Plaintiffs alleged defendants concealed the trust's true financial state and their liability risks. The Supreme Court initially dismissed claims against DFJ and SGRisk. However, the appellate court reversed this decision, finding the complaint adequately alleged "near-privity" and negligence against both firms, even clarifying that actuaries could be held liable for common-law negligence despite not being licensed professionals for malpractice claims. A partial appeal concerning leave to amend the complaint was dismissed.

professional negligencenegligent misrepresentationCPLR 3211 (a)motion to dismissgroup self-insurance trustWorkers' Compensation Law § 50joint and several liabilityactuariesaccountantsnear-privity
References
15
Case No. MISSING
Regular Panel Decision

Slocum v. Joseph B.

This case concerns a filiation proceeding initiated by Nathan A.'s court-appointed Law Guardian to establish paternity and secure support from the respondent. The respondent argued that the proceeding was barred by res judicata due to a prior 1977 Family Court order dismissing a similar paternity petition brought by Nathan's mother. The central legal question revolves around whether Nathan is in privity with his mother, thus precluding his current claim. The court adopted a flexible approach to privity, considering the parties' actual relationship, mutual interests, and the adequacy of representation in the prior litigation. It was determined that, under the Family Court Act at the time of the prior proceeding, the mother adequately represented the child's interests. Consequently, the court found that privity existed, and the current petition is barred by res judicata, leading to the reversal of the lower court's order and dismissal of the petition.

Filiation ProceedingPaternityRes JudicataPrivityFamily LawChild SupportLaw GuardianFunctional RepresentationCollateral EstoppelFamily Court Act
References
15
Case No. 2021 NY Slip Op 04404
Regular Panel Decision
Jul 15, 2021

Matter of Decandia v. Pilgrim Psychiatric Ctr.

Claimant, a security and security officer, filed a workers' compensation claim nearly six years after allegedly being bitten by ticks in June 2013, seeking benefits for consequential Lyme disease. The Workers' Compensation Board reversed a Workers' Compensation Law Judge's award of benefits, ruling that the claim was untimely under Workers' Compensation Law § 28 and that there was insufficient medical evidence to establish Lyme disease or a causal connection to his employment. The Appellate Division affirmed the Board's decision, agreeing that the claim was untimely given the nearly six-year delay in filing and that the Board's finding of insufficient medical evidence for Lyme disease and causation was supported by substantial evidence.

Workers' Compensation Law § 28Timeliness of ClaimLyme Disease DiagnosisCausal RelationshipSufficiency of Medical EvidenceTick-borne DiseaseStatute of LimitationsAppellate Division Third DepartmentWorkers' Compensation BoardEmployer Liability
References
7
Case No. MISSING
Regular Panel Decision
Mar 24, 1981

Claim of Nizich v. Robert F. Barreca, Inc.

A claimant, an insurance company adjuster, experienced chest pains and numbness after a near automobile collision during work on December 8, 1976. Despite an initial normal medical examination, symptoms recurred, leading to a heart attack on December 30, 1976. The Workers' Compensation Board reversed a referee's finding, concluding that the emotional trauma from the near collision, superimposed on a dormant heart condition, precipitated the myocardial infarction, constituting a compensable accidental injury with related disability. This decision was supported by conflicting medical testimony which the Board, as the trier of fact, was free to accept or reject. The appellate court affirmed the Board's determination, finding it supported by substantial evidence.

Workers' CompensationEmotional TraumaMyocardial InfarctionCausal RelationshipAccidental InjuryMedical TestimonySubstantial EvidenceAppellate ReviewCardiac EventInsurance Adjuster
References
7
Case No. 2016-08-0876
Regular Panel Decision
Mar 22, 2017

Morales, Rigoberto v. Boshwit Brothers, Inc.

An employee, Rigoberto Morales, working as a groundskeeper for Boshwit Brothers, Inc., sustained gunshot wounds during an assault by an unknown individual while mowing grass near a public road. The employer denied the claim, asserting the injury did not arise primarily out of employment, a conclusion initially affirmed by the trial court. On interlocutory appeal, the Workers' Compensation Appeals Board reversed the trial court's decision, finding that the employee's duties exposed him to the general public and that operating noisy equipment near a public road increased his vulnerability, thus applying the street risk doctrine. The Board concluded that the employee is likely to prevail in establishing his injuries arose primarily out of his employment and remanded the case for a determination of benefits.

Workers' CompensationAssaultStreet Risk DoctrineEmployment InjuryGroundskeeperGunshot WoundsCompensabilityInterlocutory AppealCausal ConnectionIncreased Risk
References
10
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