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

Case No. 2016 NY Slip Op 06673 [143 AD3d 749]
Regular Panel Decision
Oct 12, 2016

Beeker v. Islip U-Slip, LLC

The plaintiff, Jeffrey Beeker, allegedly sustained personal injuries from a fall on an exterior staircase at a commercial warehouse owned by Islip U-Slip, LLC. At the time, the plaintiff was employed by nonparty Raymours Furniture Company, Inc., and Raymour & Flanigan Properties, LLC, was under contract to purchase the warehouse. The defendants moved for summary judgment, arguing Islip U-Slip was an out-of-possession landlord and RFP was either a joint venture with or alter ego of the plaintiff's employer, thereby invoking Workers' Compensation exclusivity. The Supreme Court denied the defendants' motion. The Appellate Division affirmed the denial, finding the defendants failed to establish prima facie either the joint venture/alter ego relationship or that Islip U-Slip lacked a contractual duty to maintain the staircase.

Personal InjurySummary JudgmentWorkers' Compensation ExclusivityOut-of-Possession LandlordPremises LiabilityAppellate ReviewDuty to MaintainAlter EgoJoint VentureStaircase Fall
References
11
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. 2020 NY Slip Op 01429
Regular Panel Decision
Feb 27, 2020

Matter of Arias (City of New York)

The claimant, Franja Arias, appealed a decision by the Workers' Compensation Board concerning her entitlement to simultaneous awards for a schedule loss of use (SLU) and a permanent partial disability classification. Arias, a school crossing guard, suffered multiple injuries in a work-related slip and fall in January 2016. Despite returning to work at her pre-injury wages, a Workers' Compensation Law Judge determined she had a 40% loss of wage-earning capacity, qualifying her for nonschedule benefits. The Board, however, denied an SLU award based on its interpretation of specific guidelines, arguing that a simultaneous award was not appropriate. The Appellate Division, Third Department, reversed this decision, finding the Board's interpretation to be erroneous and inconsistent with prior case law, particularly Matter of Taher v Yiota Taxi, Inc. The Court emphasized that delaying SLU awards for claimants working at pre-injury wages had no statutory basis and remitted the case for further proceedings.

Workers' CompensationSchedule Loss of UsePermanent Partial DisabilityWage-Earning CapacityStatutory InterpretationAppellate ReviewBoard GuidelinesPre-injury WagesRemittalThird Department
References
14
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. 2020 NY Slip Op 05273
Regular Panel Decision
Oct 01, 2020

Matter of Garrison-Bey v. Department of Educ.

The case concerns William Garrison-Bey, a security officer, who sustained work-related injuries to his neck, back, left knee, and left elbow in April 2016. After returning to work without reduced earnings, he was evaluated for permanency. Consulting physicians found a 27.5% schedule loss of use (SLU) to his left knee and nonschedule permanent injuries to his cervical and lumbar spine. The Workers' Compensation Board denied his request for an SLU award, classifying him with a nonschedule permanent partial disability. The Appellate Division, Third Department, modified the Board's decision, ruling that a claimant who sustains both schedule and nonschedule permanent injuries in the same accident and returns to work at preinjury wages is entitled to an SLU award for permanent partial impairments to statutorily enumerated body parts. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' Compensation LawSchedule Loss of UsePermanent Partial DisabilityReduced EarningsAppellate ReviewRemandMedical ImpairmentInjury ClassificationEmployer LiabilityJudicial Precedent
References
4
Case No. 2022 NY Slip Op 06056 [209 AD3d 1253]
Regular Panel Decision
Oct 27, 2022

Matter of McCrea v. City of Buffalo

Claimant Crystal McCrea, a systems support analyst for the City of Buffalo, injured her lower back at work. Her workers' compensation claim was established, and she received benefits. Initially, she worked from home due to the COVID-19 pandemic despite a temporary partial disability. When the employer required a return to office work, claimant asserted she was unable to return due to her disability. A Workers' Compensation Law Judge found she did not voluntarily withdraw from the labor market, entitling her to continuing benefits. However, the Workers' Compensation Board disagreed, finding she refused a light duty assignment and thus voluntarily withdrew, resulting in no causally-related lost earnings. While the appeal was pending, the Board filed an amended decision based on a different legal analysis, superseding its prior decision. Consequently, the Appellate Division dismissed the appeal from the original August 2021 decision as moot.

Workers' Compensation BenefitsVoluntary Withdrawal from Labor MarketTemporary Partial DisabilityLight Duty RefusalMootness DoctrineAppellate Division Third DepartmentCOVID-19 Work-from-Home PolicyCausally-Related Lost EarningsIndependent Medical ExaminationWorkers' Compensation Board Decision
References
5
Case No. 2022 NY Slip Op 05677
Regular Panel Decision
Oct 12, 2022

Board of Trustees v. Allure Metal Works, Inc.

The plaintiff, Board of Trustees, Sheet Metal Workers' National Pension Fund, sought to enforce a money judgment against the defendant, Allure Metal Works, Inc. The plaintiff had previously obtained a consent judgment against a nonparty, All Around Spiral, Inc., for pension fund withdrawal liability under ERISA. The current action alleges that Allure is an alter ego or successor to All Around Spiral. The Supreme Court denied Allure's motion to dismiss the first and second causes of action. The Appellate Division affirmed the lower court's decision, finding that the complaint sufficiently alleged alter ego and successor liability, citing common officers, shared business premises, equipment, employees, and similar operations, as well as potential de facto merger or fraudulent intent to avoid obligations.

Multiemployer Pension FundERISAAlter Ego LiabilitySuccessor LiabilityMoney Judgment EnforcementCorporate Veil PiercingMotion to DismissAppellate ReviewDe Facto MergerWithdrawal Liability
References
22
Case No. MISSING
Regular Panel Decision

Claim of Hawes v. Dime Savings Bank

Claimant, a security guard for Dime Savings Bank, was injured on duty in October 1983 due to a slip and fall and tear gas exposure, resulting in a permanent partial disability. He began receiving reduced earning compensation benefits. In August 1984, after informing the Bank he was ready to return, he was fired, leading him to file a discrimination complaint under Workers’ Compensation Law § 120. A WCLJ found the Bank violated § 120 but denied damages, stating his disability meant he couldn't return to work. The Workers’ Compensation Board affirmed this. The Appellate Division found the Board's determination on damages unsupported by law or evidence, noting the claimant's ability to return to work was disputed. The court affirmed the finding of a § 120 violation but reversed the no-damages ruling, remitting for a new hearing on claimant's ability to perform his former duties.

Workers' CompensationRetaliatory DischargePermanent Partial DisabilityReduced Earning BenefitsDiscriminationEmployer ViolationDamagesAppealRemittalMedical Disability
References
9
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. ADJ10813026
Regular
May 27, 2025

Noureddine Manser vs. Return-to-Work Supplement Program

Applicant Noureddine Manser sought reconsideration of a November 9, 2023 finding that he was not entitled to a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b), which prohibits a second benefit unless for a subsequent injury. Applicant contended the word "injury" should include a continuing injury. The Appeals Board affirmed the November 9, 2023 Findings of Fact, declining to interpret "injury" as a continuing injury and noting that the validity of Rule 17302(b) is subject to judicial review in the Superior Court, not the Appeals Board. The Board also asserted its jurisdiction to review the WCJ's denial despite arguments to the contrary.

Return-to-Work Supplement ProgramRTWSPRule 17302(b)vocational rehabilitationsubsequent injurySJDBVQMEtemporary total disabilityWCABLabor Code section 139.48
References
8
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