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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
Jan 12, 1998

Cataudella v. Kings Bay Housing Section II, Inc.

Plaintiff Alfred Cataudella sought damages for personal injuries, alleging a violation of Labor Law § 240 (1). Defendants Kings Bay Housing Section II, Inc., and Elm Management Co. moved for summary judgment to dismiss this claim, which was initially granted but later denied by the Supreme Court upon the plaintiffs' successful motion for renewal and reargument. On appeal, the higher court modified the lower court's decision, ruling that Labor Law § 240 (1) did not apply as the plaintiff's injuries were not from an elevation-related hazard. Consequently, the appellate court denied the plaintiffs' motion for renewal and reargument, thus effectively granting the defendants' motion for summary judgment and dismissing the Labor Law § 240 (1) claim. Furthermore, the third-party defendant Walcat Plumbing and Heating Corp.'s motion to vacate an order of default was affirmed.

Personal InjurySummary JudgmentAppealLabor Law § 240 (1)Elevation-Related HazardDefault JudgmentVacate DefaultProcedural LawNew York LawAppellate Division
References
4
Case No. ADJ8469531, ADJ9267403
Regular
May 02, 2019

KAREN DOUGLAS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that barred the applicant's psychiatric claim under Labor Code section 4660.1(c)(1). The WCAB rescinded the original Findings and Award for both consolidated cases. The matters are returned to the trial level for further proceedings and a new decision, guided by a subsequent WCAB en banc opinion addressing section 4660.1(c). The WCAB did not address other issues raised in the applicant's petition.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPsychiatric claimLabor Code section 4660.1(c)(1)Permanent total disabilityInjury to body partsReport and RecommendationPetition for ReconsiderationSupplemental pleading
References
1
Case No. ADJ9914916
Regular
Feb 22, 2017

RUSSELL MADSON vs. MICHAEL J. CAVALETTO RANCHES, ZENITH INSURANCE COMPANY

This case concerns an applicant who sustained a psychological injury after a severe truck rollover accident. The Workers' Compensation Appeals Board (WCAB) overturned a prior ruling that denied permanent disability for the psychological injury. The WCAB found that Labor Code section 4660.1(c), which limits psychiatric disability awards arising from physical injuries, did not apply because the psychiatric injury was directly caused by the traumatic events of employment. Furthermore, the Board determined the accident itself constituted a "violent act," qualifying for an exception to section 4660.1(c) and entitling the applicant to compensation for his psychiatric impairment, ultimately awarding 60% permanent disability.

AOE/COELabor Code section 4660.1(c)violent actreconsiderationpsychiatric permanent disabilitymotor vehicle accidentcatastrophic injuryPTSDGAF scoreQME
References
6
Case No. MISSING
Regular Panel Decision
Dec 16, 1947

Douds v. Wine, Liquor & Distillery Workers Union, Local 1

The Regional Director of the National Labor Relations Board filed a petition for injunctive relief against Local 1, alleging violations of Section 8(b), subsection (4)(A) of the National Labor Relations Act. The petition was based on charges filed by Schenley Distillers Corporation and Jardine Liquor Corporation. A temporary restraining order was initially granted on December 11, 1947, after a hearing. However, upon further hearing on December 16, 1947, the court found a significant change in the factual situation, noting that the labor difficulties had been adjusted and the danger of irreparable damage was no longer present. Consequently, the court vacated the temporary restraining order, stating that it would not pass upon the ultimate merits of the issues at that time.

Injunctive ReliefLabor RelationsNational Labor Relations ActTemporary Restraining OrderVacated OrderUnfair Labor PracticesSecondary BoycottLabor DisputeFederal CourtDistrict Court
References
18
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Communications Workers of America District 1

The lawsuit, filed by Cablevision Systems against Communications Workers of America District 1 (CWA) and individual defendants, sought to address alleged harassment, trespass, stalking, disorderly conduct, and tortious interference with business relations. These claims arose from the defendants' purported disruption of two private Cablevision events in May 2013, a shareholder meeting and an investors' conference. The defendants moved to dismiss the complaint. The court granted the motion, ruling that a corporate entity like Cablevision Systems cannot be considered a "person" for the purpose of bringing statutory claims under the Penal Law sections cited (harassment, stalking, disorderly conduct). Furthermore, the court found the claims for common-law trespass and tortious interference insufficient due to the plaintiff's failure to demonstrate that individual union members authorized or ratified the alleged unlawful actions. Consequently, the plaintiff's complaint was dismissed entirely.

Labor DisputeUnion HarassmentCorporate EventsTrespassStalkingDisorderly ConductTortious InterferenceMotion to DismissPrivate Right of ActionPenal Law Interpretation
References
16
Case No. 2025 NY Slip Op 02008 [237 AD3d 429]
Regular Panel Decision
Apr 03, 2025

Hartrum v. Montefiore Hosp. Hous. Section II Inc.

Plaintiff Kyle Hartrum, an employee of Electronic Service Solutions, Inc. (ESS), sustained severe arm lacerations while removing communications equipment from a building roof owned by Montefiore Hospital Housing Section II Inc. The accident occurred when a piece of sheet metal being hand-hoisted swung and struck him. The Appellate Division modified the lower court's decision, granting Hartrum summary judgment on his Labor Law § 240 (1) claim against Monte Housing, SBA Site Management, LLC, Flo TV Incorporated, and KMB Design Group, LLC. The court also dismissed Hartrum's Labor Law § 200 and common-law negligence claims against all defendants and granted several contractual indemnity claims among the parties, including Montefiore, SBA, Flo, KMB, and ESS.

Labor Law § 240(1) LiabilitySafe Place to WorkSummary Judgment GrantContractual IndemnificationConstruction Site AccidentHoisting SafetyAppellate Division ReviewLessor/Sublessor LiabilityMeans and Methods of WorkNegligence Dismissal
References
12
Case No. MISSING
Regular Panel Decision

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. ADJ9042929
Regular
Jun 11, 2018

Hayat Zarifi vs. Group 1 Automotive, National Union Fire Insurance Company, ESIS WEST WC CLAIMS

Applicant Hayat Zarifi sought increased permanent disability for a psyche injury, claiming his head striking a glass wall constituted a "violent act" or "severe head injury" under Labor Code section 4660.1. The Board denied reconsideration, affirming the WCJ's finding that the incident did not meet the statutory exceptions for psychiatric injuries stemming from physical harm. Unlike cited cases involving severe trauma, applicant here did not lose consciousness, require immediate medical care, or experience extreme force. Therefore, his psychiatric claim arising from the physical injury was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent DisabilityLabor Code Section 4660.1Compensable Consequence InjuryViolent ActSevere Head InjuryConsciousness DisorderCognitive ImpairmentCatastrophic Injury
References
3
Case No. MISSING
Regular Panel Decision
Apr 02, 2002

Fuga v. St. Moritz Holding, LLC

The Supreme Court, New York County, affirmed an order granting a laborer partial summary judgment against the owner and general contractor for liability under Labor Law § 240 (1). The laborer sought recovery for personal injuries sustained when a scaffold collapsed. The defendants contested summary judgment, citing the plaintiff's non-compliance with a discovery order to produce coworker addresses. However, the court ruled that the defendants had sufficient time to locate the coworkers and that the requested disclosure was futile. This futility was based on the defendants' own admissions regarding a malfunctioning scaffold part and the absence of a safety harness, rendering coworker testimony irrelevant to liability under section 240 (1). The court also emphasized that comparative negligence is not a valid defense for a Labor Law § 240 (1) violation.

Scaffold CollapsePersonal InjurySummary JudgmentLabor LawStatutory LiabilityDiscovery DisputeCoworker TestimonyFutility of DisclosureComparative NegligenceConstruction Accident
References
3
Case No. MISSING
Regular Panel Decision

Morelock v. Danbrod Realty Corporation

Plaintiff, injured due to a scaffold collapse during a house renovation project overseen by Joel Levin for Danbrod Realty Corporation, initiated a personal injury lawsuit, alleging negligence and violations of Labor Law sections 200, 240(1), and 241(6) against Danbrod, Levin, and Morton Schermerhorn, Jr. The Supreme Court initially granted Danbrod's cross-motion for summary judgment on the Labor Law § 240(1) claim. However, on appeal, the court determined that Danbrod, a real estate development corporation purchasing the property solely for commercial renovation and resale, did not qualify for the homeowner exemption from strict liability under Labor Law § 240(1). Consequently, the appellate court reversed the lower court's decision regarding Danbrod and awarded summary judgment to the plaintiff on the issue of liability against Danbrod.

Labor Lawscaffold collapsepersonal injurysummary judgmentstrict liabilityowner liabilitycommercial use exemptionreal estate developmentrenovation projectAppellate Division
References
5
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