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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

Claim of Doersam v. Oswego County Department of Social Services

The dissenting opinion by Mikoll, J., with Levine, J., argues to affirm the Workers’ Compensation Board's decision that the claimant's heart attack was work-related. The dissent references a series of cases, including *Matter of Klimas v Trans Caribbean Airways* and *Matter of Masse v Robinson Co.*, establishing that work-related stress, without further physical incident, can constitute an accidental injury. The Board found the claimant's job consistently stressful, with specific incidents increasing this stress, exacerbating preexisting hypertension and worsening blood pressure, leading to a heart attack on November 26, 1982. The dissent contends that substantial evidence supports the Board's determination, citing testimony from the impartial specialist and the employer's medical expert which, despite not ruling out causality, acknowledged the role of stress. The opinion concludes that the Board rationally found that the claimant's demanding work and subsequent cardiac symptoms from a frightening incident caused the heart attack.

Heart AttackWork-Related StressCausalityDissenting OpinionSubstantial EvidenceOccupational InjuryHypertensionCardiac SymptomsBoard DecisionMedical Opinion
References
4
Case No. 2015 NY Slip Op 04773 [129 AD3d 471]
Regular Panel Decision
Jun 09, 2015

Serowik v. Leardon Boiler Works Inc.

Jozef Serowik, an employee of GDT, sustained severe hand injuries while lowering a heavy tank, which was part of a boiler installation. The incident led to claims under Labor Law sections. The Supreme Court, Bronx County, initially granted Serowik partial summary judgment on liability under Labor Law § 240 (1). Defendants appealed, and the Appellate Division, First Department, modified the Supreme Court's order. The appellate court dismissed Serowik's common law negligence and Labor Law § 200 claims, and granted conditional summary judgment on common law indemnification to the defendants. However, the Appellate Division affirmed the finding of liability against defendants under Labor Law § 240 (1), determining that Leardon Boiler Works Inc. could be held liable as an agent of the owner.

Labor LawWorkplace InjurySummary JudgmentIndemnificationAppellate ReviewGravity AccidentScaffolding LawOwner LiabilityContractor LiabilityProximate Cause
References
5
Case No. MISSING
Regular Panel Decision
Dec 02, 1993

Hart v. Holtzman

This case involves a CPLR article 78 petition challenging a determination made by the Comptroller of the City of New York. The Comptroller had ruled that rehabilitation and construction work on the Greenpoint Hospital site, despite being publicly financed, was for privately-owned and constructed housing for low-income tenants, thus not constituting "public works" under New York State Labor Law § 220. Consequently, the Comptroller determined that workers on these projects were not entitled to prevailing wages. The Supreme Court affirmed the Comptroller's decision, finding it had a rational basis and was neither arbitrary nor capricious. The appellate court further affirmed, emphasizing that the primary objective of the work, not incidental public benefit or significant governmental funding, determines if a project is a "public work" subject to prevailing wage requirements, especially when private developers retain ownership and construction risk.

Public WorksPrevailing WageLabor Law § 220Comptroller DeterminationCPLR Article 78 PetitionRational Basis ReviewPrivate ProjectsGovernmental FundingConstruction ContractsAppellate Division
References
2
Case No. MISSING
Regular Panel Decision

Matter of Molloy v. DiNapoli

The petitioner, a correction officer, sought performance of duty disability retirement benefits after sustaining multiple left shoulder injuries across several work-related incidents. While the New York State and Local Employees’ Retirement System conceded permanent disability, the respondent Comptroller denied the application, concluding that the initial June 6, 2008 incident was not the proximate cause of the disability. Conflicting medical evidence was presented, with orthopedic surgeon Andrew Beharrie linking the disability to the 2008 incident, while independent medical examiner Bradley Wiener attributed the need for surgical intervention to subsequent incidents in 2009 and 2010. The Hearing Officer and Comptroller credited Wiener's opinion, noting the lack of immediate medical treatment after the first incident and the petitioner's return to full duty. The court affirmed the Comptroller's determination, finding it to be supported by rational, fact-based medical opinion and substantial evidence.

Disability RetirementPerformance of DutyCorrection OfficerShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationComptroller's DeterminationSubstantial EvidenceCPLR Article 78
References
6
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. MISSING
Regular Panel Decision

Johnson v. Xerox Corp.

This is an employment discrimination case where Plaintiff Donna Johnson sued Defendant Xerox Corporation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, alleging a hostile work environment. The claim was based on a single incident in January 2007, where a co-worker allegedly urinated in front of her while she was cleaning a men's restroom. Xerox moved for summary judgment, arguing that the incident was isolated and not sufficiently severe or pervasive to create a hostile work environment, and that they took appropriate remedial action. The Court granted Xerox's motion, finding that the single incident by a non-supervisory co-worker did not meet the criteria for a hostile work environment and could not be imputed to Xerox. The Court also disregarded other incidents brought by the plaintiff's counsel, deeming them too distant in time or geography.

Employment DiscriminationHostile Work EnvironmentSummary JudgmentTitle VII Civil Rights ActNew York State Human Rights LawSexual HarassmentCo-worker HarassmentEmployer LiabilityIsolated IncidentRemedial Action
References
0
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
May 03, 2007

Scarsdale Ass'n of Educational Secretaries v. Board of Education of Scarsdale Union Free School District

In a hybrid action and CPLR Article 78 proceeding, individual secretaries and typists employed by the Scarsdale Union Free School District challenged new job responsibilities, arguing they constituted "out-of-title" work under the Civil Service Law. These responsibilities included monitoring visitors via video and granting access, and providing identification badges to contractors. The Supreme Court, Westchester County, denied the petition and dismissed the proceeding. The Appellate Division affirmed this judgment, determining that the new duties were a reasonable outgrowth of the employees' existing in-title work and that the School District's determination had a rational basis.

Out-of-Title WorkCivil Service LawCPLR Article 78Injunctive ReliefSchool District EmploymentEmployee DutiesJob SpecificationsAffirmation of JudgmentJudicial ReviewPublic Employment Law
References
7
Case No. MISSING
Regular Panel Decision
Jul 22, 2002

Claim of Ostuni v. Town of Ramapo

Claimant appealed from a decision of the Workers’ Compensation Board, filed July 22, 2002, which denied her application for reconsideration and/or full Board review of a prior decision. The prior decision had ruled that claimant did not sustain a work-related injury, citing insufficient credible evidence. The appellate court affirmed the Board's denial, finding that the Board fully considered all evidence and no new, previously unavailable evidence was offered to warrant altering its decision. Furthermore, the court found substantial evidence supported the Board’s September 2001 decision that claimant’s injuries were not compensable, as her recurring lower back pain stemmed from injuries predating or following the alleged November 1990 incident, rather than the incident itself. The court also upheld the Board's rejection of contrary testimony as not credible.

Workers' CompensationBack InjuryWork-Related InjuryReconsiderationBoard ReviewAppellate ReviewAbuse of DiscretionArbitrary and CapriciousSubstantial EvidenceMedical Testimony
References
5
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