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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
May 07, 2003

Rypkema v. Time Manufacturing Co.

Rose Rypkema and Ted Rypkema sued Time Manufacturing Company for product liability after Rose Rypkema suffered injuries using a "Versalift" boom lift, alleging design defect and breach of warranty. Time moved for summary judgment, seeking to exclude the Rypkemas' expert, Nicholas Bellizzi, whose testimony lacked scientific methodology and testing for proposed alternative designs. District Judge Sweet, applying Daubert and Kumho Tire standards, excluded Bellizzi's testimony. Consequently, with no expert evidence to support the product liability claim, the court granted Time's motion to dismiss the complaint and Savvy Systems, Ltd.'s cross-motion to dismiss the third-party complaint, concluding there was insufficient evidence for product liability.

Product LiabilityExpert TestimonyDaubert StandardKumho Tire StandardSummary JudgmentDesign DefectFailure to WarnEngineering MethodologyAerial LiftLatch Failure
References
26
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. 2017 NY Slip Op 08595 [156 AD3d 1043]
Regular Panel Decision
Dec 07, 2017

New York State Workers' Compensation Board v. Any-Time Home Care Inc.

The New York State Workers' Compensation Board, acting as administrator for a dissolved self-insured trust, initiated an action to recover a $133 million cumulative deficit from former trust members. Various defendants sought to dismiss the complaint, asserting claims were time-barred by a three-year statute of limitations for statutory liabilities, failed to adequately state claims against individual partners, and were barred by the doctrine of laches. The Supreme Court denied these motions. On appeal, the Appellate Division, Third Department, affirmed the Supreme Court's order, ruling that the claims were contractual, subject to a six-year limitation period, and that laches did not apply against the state enforcing a public right. The court also found the complaint sufficiently specific regarding the liability of individual defendants.

Workers' Compensation LawSelf-Insurance TrustJoint and Several LiabilityStatute of LimitationsContractual LiabilityLaches DoctrineAppellate ReviewGroup Self-InsurerDeficit RecoveryPartnership Liability
References
16
Case No. MISSING
Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

This case arises from a dispute between Time Warner and Fox concerning Time Warner's decision not to carry Fox News on its New York City cable channels. Fox initially sued Time Warner, prompting Time Warner to file counterclaims alleging that Fox conspired with New York City officials to unlawfully coerce Time Warner into carrying Fox News. Time Warner's counterclaims assert violations of its First Amendment and Due Process rights under 42 U.S.C. § 1983, and tortious interference with contractual relations. Fox moved to dismiss these counterclaims, arguing that its actions were protected by the Noerr-Pennington doctrine, which generally shields lobbying activities. The court denied Fox's motion, concluding that Time Warner had adequately alleged a conspiracy and that the Noerr-Pennington doctrine might not apply if Fox's conduct was found to be illegal or corrupt, thus allowing the counterclaims to proceed.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss
References
17
Case No. 2023 NY Slip Op 04311
Regular Panel Decision
Aug 16, 2023

Maisuradze v. Nows The Time, Inc.

The plaintiff, Gia Maisuradze, appealed an order from the Supreme Court, Kings County, concerning personal injuries sustained from a falling metal pipe at a Brooklyn construction site. The Supreme Court had granted summary judgment to defendant E&J All Seasons Construction Corp. and denied Maisuradze's cross-motion for summary judgment on Labor Law § 240 (1) liability against E&J and Nows The Time, Inc. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding E&J was not liable as a general contractor or agent and that Maisuradze failed to establish proximate cause for the Labor Law § 240 (1) claim, as he could not identify the pipe's origin or purpose.

Construction AccidentFalling ObjectSummary Judgment MotionAppellate DivisionLabor Law ViolationsPersonal InjuryProximate CauseWork Site ControlGeneral Contractor LiabilityAgent Liability
References
16
Case No. MISSING
Regular Panel Decision
Oct 30, 2013

Claim of Scott v. Rochester City School District

The claimant injured his back in 2004 while working as a custodian's assistant and the claim was established in 2009. In 2008, the claimant sustained an unrelated left knee injury and stopped working. In 2012, the claimant sought treatment for his back injury, claiming three months of lost time. The workers' compensation carrier sought to transfer liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The Workers’ Compensation Board affirmed the transfer of liability and the award of benefits for a temporary, marked partial disability, prompting an appeal by the Special Fund. The court affirmed the Board's decision, finding that the award for lost time prior to the hearing was consistent with the Board's precedent regarding the timing of raising the issue of labor market attachment.

Workers' Compensation BoardSpecial FundReopened CasesLiability TransferLabor Market AttachmentPartial DisabilityLost WagesBack InjuryKnee InjuryAppellate Division
References
5
Case No. MISSING
Regular Panel Decision

Anzaldua v. American Guarantee & Liability Insurance Co.

This worker's compensation case involves an appeal by Esther Anzaldua against American Guarantee & Liability Insurance Company, the compensation carrier. Anzaldua was injured on the job and sued after rejecting an award from the Texas Industrial Accident Board. A jury awarded her damages for partial incapacity and medical expenses, but Anzaldua appealed, alleging the medical award was insufficient, that certain medical reports were improperly admitted due to hearsay, and that a supplemental jury charge was coercive. The court affirmed the lower court's judgment, finding the jury's verdict supported by evidence, the medical reports properly admitted, and the supplemental charge not coercive.

Workers' CompensationMedical ExpensesJury VerdictEvidence AdmissibilitySupplemental Jury ChargeCoercionIncapacityAppealTexas LawInsurance
References
7
Case No. MISSING
Regular Panel Decision

Loblaw, Inc. v. Employers' Liability Assurance Corp.

Loblaw, Inc., a self-insured retail chain, sued its excess insurer, Employers’ Liability Assurance Corporation, for reimbursement under a workers’ compensation policy. The dispute centered on whether Loblaw timely notified Employers’ of an employee's escalating injury claim. Loblaw initially believed the claim would not exceed its $25,000 self-retention, delaying notice until June 1972, despite warnings from its agent and mounting costs. The Supreme Court, Erie County, initially sided with Loblaw, but the Appellate Division reversed, ruling Loblaw had an ongoing obligation to notify the insurer and was derelict by May 1969. This court affirmed the Appellate Division's dismissal of Loblaw's complaint, holding that the notice given in June 1972 was too late as a matter of law, given the claim had exceeded $21,000 by December 1970.

Insurance policy interpretationWorkers' compensationExcess insuranceNotice provisionSelf-insurerTimely noticeAppellate reviewContract constructionObjective standardSubjective judgment
References
22
Case No. MISSING
Regular Panel Decision

American Mutual Liability Insurance Co. v. Bradshaw

This case focuses on determining the average weekly wage for plaintiff Gene Bradshaw to calculate workmen's compensation benefits. Bradshaw, an independent contractor for Champion International Corporation, was required to pay for workmen's compensation coverage through defendant American Mutual Liability Insurance Company, with premiums deducted from his pulpwood earnings. The core dispute arose from American Mutual's attempt to reduce Bradshaw's gross earnings by various expenses (labor, equipment, etc.) to calculate his average weekly wage, a method Bradshaw contested. The trial court and subsequently the appellate court affirmed that Bradshaw was entitled to maximum benefits, emphasizing that the insurance premiums were based on gross earnings and the statute did not differentiate between gross and net earnings for wage computation, thereby rejecting the proposed deductions. The court found that where it's impracticable to compute average weekly wages, it should consider what a person in similar employment in the same district would earn.

Workmen's CompensationAverage Weekly WageIndependent ContractorGross EarningsNet EarningsInsurance PremiumsStatutory InterpretationLiberal ConstructionTimber IndustryPulpwood Harvesting
References
2
Case No. 2025 NY Slip Op 06399 [243 AD3d 514]
Regular Panel Decision
Nov 20, 2025

Ward v. Times Sq. Hotel Owner LLC

Plaintiff Martin Joseph Ward was injured after slipping and falling on an ice condition near a ninth-floor landing of a cement staircase. He subsequently moved for partial summary judgment on his Labor Law § 241 (6) claim, predicated on Industrial Code § 23-1.7 (d), against Times Square Hotel Owner LLC. The Supreme Court granted his motion. The Appellate Division, First Department, affirmed the Supreme Court's order, finding that the plaintiff established a prima facie case of a Labor Law § 241 (6) violation. Defendants failed to raise a triable issue to rebut plaintiff's testimony regarding the ice condition. The court also noted that a general contractor's liability under Labor Law § 241 (6) is not contingent on notice of the dangerous condition.

Slipping HazardsStairway AccidentIce ConditionIndustrial Code ViolationGeneral Contractor LiabilitySummary JudgmentLabor Law § 241(6)Premises LiabilityAppellate DivisionWorker Injury
References
3
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