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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Branker v. Pfizer, Inc.

Maureen Branker sued Pfizer, Inc. and William C. Steere Jr. alleging age and race discrimination under Title VII, ADEA, NYCHRL, and NYSHRL after her employment was terminated in 1995. Defendants moved for summary judgment, arguing Branker failed to exhaust administrative remedies and had signed a valid release of all claims. The court found that Branker did not file with the EEOC for her federal claims and failed to serve the city commission for her NYCHRL claims. Furthermore, the court determined that Branker's signing of a release was knowing and voluntary, thereby barring her state law discrimination and emotional distress claims, irrespective of OWBPA compliance issues for ADEA. Consequently, the motion for summary judgment was granted in favor of the defendants.

Age DiscriminationRace DiscriminationEmployment TerminationSummary JudgmentRelease of ClaimsAdministrative ExhaustionTitle VIIADEANYCHRLNYSHRL
References
18
Case No. MISSING
Regular Panel Decision
Aug 25, 1988

Gallagher v. Rouse Co.

The plaintiff, injured by an electric radial saw during pier construction at the South Street Seaport, received Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) payments. Subsequently, the plaintiff sued the pier's lessor, The Rouse Co., and the saw's manufacturer, Skil Corp., for personal injuries. Skil Corp. then impleaded the plaintiff’s employer, J. Rich Steers, Inc., seeking indemnity and contribution. J. Rich Steers, Inc. moved for summary judgment, arguing that the LHWCA bars such claims against employers of maritime employees. The Supreme Court, Kings County, denied the motion. On appeal, the order was affirmed. While the court agreed the injury occurred on navigable waters, a question of fact remained regarding whether the plaintiff was engaged in 'maritime employment' as defined by the LHWCA, which is necessary for the Act to bar the third-party claims.

Personal InjuryLongshoremen's and Harbor Workers' Compensation ActThird-Party ClaimsIndemnityContributionSummary JudgmentMaritime EmploymentNavigable WatersAppellate ReviewWorkers' Compensation Law
References
7
Case No. ADJ9030735
Regular
Jul 08, 2014

HECTOR CASILLAS vs. XERXES CORPORATION, BROADSPIRE CLAIMS SERVICES

The Workers' Compensation Appeals Board denied Xerxes Corporation's Petition for Removal. The Board found that while the defendant raised legitimate concerns about potential fraud, these issues were not relevant to the applicant's current claim. The Board adopted the administrative law judge's report, concluding that the evidence presented did not support a fraudulent claim and the forum was not appropriate for addressing concerns about running, capping, and steering. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals Boardrunningcappingsteeringfraudulent claimadministrative law judge reportADJ9030735Xerxes CorporationBroadspire Claims Services
References
0
Case No. ADJ10248888
Regular
Jan 23, 2019

JUAN PAQUINI vs. SPRING HILL JERSEY CHEESE, INC., dba PETALUMA CREAMERY

Applicant sought reconsideration of a WCJ's finding that his vehicle accident was not a "sudden and extraordinary" employment condition, which would have allowed compensation for psychiatric injury despite less than six months of employment. The Appeals Board affirmed the WCJ's decision, finding the applicant's testimony regarding the alleged steering wheel lock was contradictory and lacked credibility. Furthermore, the Board determined the applicant failed to prove the incident was uncommon or unexpected beyond personal experience. Consequently, the original order was amended to explicitly state the injury did *not* fall under the sudden and extraordinary exception.

AOE/COELabor Code section 3208.3(d)sudden and extraordinarypsychiatric injuryless than six months employmentmotor vehicle accidentsteering wheel lockedcredibility determinationpreponderance of the evidencefactual inquiry
References
12
Case No. 2018 NY Slip Op 03584
Regular Panel Decision
May 17, 2018

Matter of Smith v. Park

Alex K. Smith, a 14-year-old, died in a skid steer accident at Park Family Farm. His mother, Vicky S.T. Smith, as administrator, filed a claim for workers' compensation death benefits. The Workers' Compensation Law Judge initially awarded benefits, finding the decedent an illegally employed minor. The claimant challenged this, arguing the employer was uninsured. The Workers' Compensation Board confirmed coverage by the State Insurance Fund and increased the death benefit award to $100,000 under double indemnity provisions, with Park Family Farm solely responsible for the increased amount due to illegal employment. The Appellate Division affirmed the Board's decision, stating that a change in partnership composition did not invalidate the insurance policy.

Illegal EmploymentMinor Employee DeathWorkers' Compensation Death BenefitsInsurance Policy ValidityPartnership ChangeEmployer LiabilityDouble IndemnityAppellate ReviewFarm AccidentSkid Steer Accident
References
10
Case No. MISSING
Regular Panel Decision
May 08, 1984

Claim of Pezzolanti v. Green Bus Lines, Inc.

The claimant, a mechanic, suffered a left wrist injury in October 1980 when a loose steering wheel struck his wrist after hitting a pothole. This incident revealed a pre-existing, asymptomatic giant cell tumor in his left radius. Following a biopsy and surgical removal of the tumor on January 8, 1981, the claimant continued to experience pain and disability, necessitating a second surgery in 1982. The self-insured employer challenged the Workers' Compensation Board's decision, arguing against a continued causally related disability beyond the initial surgery date, asserting that the accident did not aggravate the tumor. However, the Board affirmed its decision, supported by medical testimony that while the trauma did not cause or aggravate the tumor itself, it acted upon the pre-existing condition to cause a new, occupationally disabling pain and disability that extended beyond the tumor's surgical removal.

Causally Related DisabilityPre-existing ConditionGiant Cell TumorWork InjuryTrauma AggravationMedical Expert TestimonySurgical ExcisionOccupational DisabilityAppellate ReviewWorkers' Compensation Board Decision
References
3
Case No. MISSING
Regular Panel Decision

Olvera-Morales v. Sterling Onions, Inc.

Plaintiff, a Mexican national, brought an employment discrimination class action against several defendants, including International Labor Management Corporation, Inc. (ILMC), North Carolina Growers’ Association, Inc. (NCGA), and Del-Al Associates, Inc. (Del-Al), under Title VII and New York Human Rights Law. She alleged that defendants discriminated against her and other women by steering them into lower-paying H-2B temporary non-agricultural jobs, rather than the higher-paying H-2A agricultural program, despite being qualified. Defendants moved to dismiss for lack of subject matter jurisdiction, failure to state a claim, or for summary judgment, arguing plaintiff wasn't named in initial EEOC charges, wasn't 'qualified' due to visa timing, or that Title VII claims amounted to extraterritorial application. The Zappala defendants also sought indemnification from ILMC. The Court denied all motions for dismissal and summary judgment, allowing for further discovery on critical factual issues such as the 'identity of interest' exception, plaintiff's qualification status, and the applicability of Title VII and state law claims, including the 'continuing violation' exception.

Employment DiscriminationGender DiscriminationH-2A VisaH-2B VisaTemporary Guest Worker ProgramTitle VIINew York Human Rights LawSubject Matter JurisdictionMotion to DismissSummary Judgment
References
25
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