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

Case No. 2025 NY Slip Op 06264
Regular Panel Decision
Nov 13, 2025

Matter of Plumbers Local Union No. 1 v. New York City Dept. of Bldgs.

The Appellate Division, First Department, affirmed a Supreme Court decision dismissing a petition filed by Plumbers Local Union No. 1 and its business manager. The Union sought mandamus and declaratory relief to compel the New York City Department of Buildings (DOB) to enforce gas, plumbing, and welding worker qualifications. The court found that the Union lacked standing, failing to demonstrate special damages different from the general community or a sufficient nexus to qualify for the public interest exception in mandamus proceedings. Consequently, the appellate court concluded that the Union's arguments were unavailing.

StandingMandamusDeclaratory ReliefPublic Interest ExceptionGas Safety RegulationsPlumbing QualificationsWeldersAdministrative CodeFuel Gas CodeNew York City Department of Buildings
References
3
Case No. MISSING
Regular Panel Decision

Claim of Dalton v. Journeymen, Plumbers & Apprentice Steamfitters

The case involves an appeal from a Workmen's Compensation Board decision awarding death benefits. The appellants argued that the decedent's death did not arise out of and in the course of his employment, and that the claim was barred due to the claimant settling a third-party action without the carrier's consent. The decedent, David Dalton, a business agent for a labor union, was killed in an automobile accident while on call and working irregular hours, with the carrier having previously disclaimed coverage. The Board found substantial evidence that the decedent was an outside worker, applied the presumption of employment, and ruled the carrier's objection to the settlement invalid due to its prior disclaimers. The appellate court affirmed the Board's decision, concluding that the findings were adequately supported by the record.

Death benefitsAutomobile accidentCourse of employmentThird-party settlementCarrier disclaimerWorkers' Compensation Law § 21Outside workerPresumption of employmentAppellate reviewLabor union employee
References
0
Case No. MISSING
Regular Panel Decision

Vail v. Plumbers, Pipe Fitters & Apprentices Local Number 112 Pension Fund

Plaintiff T. Edward Vail commenced an action under ERISA seeking additional pension benefits, contending he did not incur a break in service and was entitled to recalculation of benefits. The Defendant, a pension plan, had informed Plaintiff in 1985 of a break in service from 1975-1980, which reduced his benefits. Plaintiff argued that a subsequent change in the grace period definition in 1987 should have retroactively negated the break. However, the Court found Plaintiff's claim was barred by the six-year statute of limitations (N.Y.C.P.L.R. § 213), as the clear repudiation by the Defendant occurred in 1985 and no subsequent action constituted a renunciation of that determination. Consequently, the Defendant's motion for summary judgment was granted, Plaintiff's cross-motion was denied, and the complaint was dismissed as untimely.

ERISA LitigationPension Benefits DisputeBreak in Service RuleStatute of Limitations BarSummary Judgment MotionRepudiation DoctrinePension Plan AmendmentsFiduciary ResponsibilityBenefit AccrualUnion Collective Bargaining
References
10
Case No. VNO 0456809
Regular
Oct 02, 2007

JAVAD BASSIRY, vs. AMERICAN RESIDENTIAL SERVICES; ZURICH NORTH AMERICA

This case involves Javad Bassiry's workers' compensation claim for injuries sustained as a plumber tech. The Appeals Board granted reconsideration to amend a finding of fact regarding the specific body parts injured. Ultimately, the Board affirmed the original decision but with the clarified finding of injury to the applicant's left shoulder, neck, left arm, left wrist, and lower abdominal muscle.

Javad BassiryAmerican Residential ServicesZurich North AmericaVNO 0456809ReconsiderationJuly 30 2007Plumber techOccupational Group No. 481March 8 2002Left shoulder
References
0
Case No. MISSING
Regular Panel Decision

Claim of the Estate of Petrylak v. Evans Plumbing & Heating Co.

The Workers' Compensation Board ruled that a plumber's apprentice, deemed an outside employee, was in the course of his employment when he died in a motor vehicle accident returning home from a work site, thus awarding workers' compensation benefits to his widow. The employer and its workers’ compensation carrier appealed this decision, arguing that the decedent had a fixed work site and therefore was not an outside employee. The appellate court affirmed the Board's decision, citing that the facts of this case were indistinguishable from a companion case involving a co-worker's estate.

Workers' CompensationMotor Vehicle AccidentOutside EmployeeCourse of EmploymentDeath BenefitsAppellate ReviewAffirmationEmployee ClassificationJudicial PrecedentCompanion Case
References
1
Case No. 2019 NY Slip Op 00265 [168 AD3d 823]
Regular Panel Decision
Jan 16, 2019

Loretta v. Split Dev. Corp.

Vincent Loretta, a plumber, suffered personal injuries after falling from a ladder while installing pipes at a construction site owned by Split Development Corp. He and his wife sued for damages, alleging a violation of Labor Law § 240 (1). The Supreme Court denied their motion for summary judgment on liability due to triable issues of fact, and a jury subsequently found the ladder adequate. The Appellate Division affirmed the judgment, concluding that there was a valid line of reasoning for the jury's verdict and that the verdict was not contrary to the weight of the evidence.

Personal InjuryLadder AccidentLabor Law 240(1)Summary JudgmentJury VerdictAppellate ReviewProximate CauseSafety DeviceConstruction AccidentPlumbing Work
References
15
Case No. ADJ7426008
Regular
May 02, 2016

JOE TUCKER vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration filed by the Department of Corrections and Rehabilitation. The WCAB adopted the reasoning of the administrative law judge (WCJ), which found that Joe Tucker, a Plumber II at Corcoran State Prison, was entitled to the heart presumption under Labor Code § 3212.2. The WCJ determined that Tucker's duties supervising inmate work crews, which involved daily threats and exposure to dangerous conditions, constituted "custodial duties" within the meaning of the statute. The WCAB specifically excluded certain paragraphs from the WCJ's report from incorporation in its order.

Labor Code § 3212.2heart presumptioncustodial dutiesPlumber IIinmate work crewscorrectional officersadministrative segregationsecurity housinginmate threatsextraction squad
References
6
Case No. MISSING
Regular Panel Decision

Apex Industrial Construction Corp. v. Village of Lake George

The plaintiff appealed a judgment dismissing its complaint for breach of contract and awarding damages to the defendant village on its counterclaim. The plaintiff claimed the village breached the contract by failing to provide a clear construction site, due to a plumbers' union picket line protesting the village's award of plumbing work to a nonunion employer. The court found that the picketing was an act of a third party, not attributable to the village, and that the village lawfully awarded contracts to the lowest responsible bidder, even if nonunion. Therefore, the plaintiff's abandonment of the job constituted a breach of contract, justifying the damages awarded to the village. The judgment was affirmed.

Breach of ContractConstruction LawLabor DisputePicket LineNonunion EmployerMunicipal ContractsLowest Responsible BidderContract AbandonmentDamages AwardedThird-Party Action
References
1
Case No. 2021 NY Slip Op 01495 [192 AD3d 494]
Regular Panel Decision
Mar 11, 2021

Matter of Tsamos v. New York City Dept. of Bldgs.

The Appellate Division, First Department, confirmed the determination of the New York City Department of Buildings (DOB) which revoked petitioner Dimitrios Tsamos's master plumber's license. The DOB found that Tsamos had filed two falsely altered worker's compensation certificates and failed to display required signage at his business. The Court found the DOB's determination supported by substantial evidence and upheld the Administrative Law Judge's credibility findings. It concluded that the penalty imposed, given the pattern of intentional misconduct, did not shock the sense of fairness. Consequently, Tsamos's CPLR article 78 petition was denied, and the proceeding was dismissed.

License RevocationMaster PlumberFalsified CertificatesWorker's CompensationSignage ViolationAdministrative HearingSubstantial EvidenceCredibility FindingsPenalty UpheldIntentional Misconduct
References
3
Case No. 2023 NY Slip Op 06499 [222 AD3d 543]
Regular Panel Decision
Dec 19, 2023

Matter of Tsamasiros v. New York City Dept. of Bldgs.

The Appellate Division, First Department, affirmed the Supreme Court's order denying Christos Tsamasiros's petition to annul the New York City Department of Buildings' (DOB) determination. The DOB had denied Tsamasiros's applications to renew his master plumber and master fire suppression piping contractor licenses. The court found that the DOB's decision was not arbitrary, capricious, or irrational, as the record supported findings of false statements and poor moral character. It was also determined that the DOB was not required to conduct a Correction Law §§ 752 and 753 analysis, nor was the petitioner entitled to a hearing, having been afforded an opportunity to be heard through written submissions.

License RenewalMaster PlumberMaster Fire Suppression Piping ContractorFalse StatementsMoral CharacterAdministrative CodeArbitrary and CapriciousRational BasisDue ProcessProperty Interest
References
13
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