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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

Havas v. Victory Paper Stock Co.

This appeal concerns Leslie Havas, an employee of Morgan Guaranty Trust Company, who was injured while manually loading heavy waste paper bales onto a Victory Paper Stock Company truck. The accident occurred due to an unsecured, improvised ramp after the hydraulic lift was out of service. Havas sued Victory, who then brought Morgan in as a third-party defendant. A jury found both liable, apportioning fault equally. The Appellate Division reversed, concluding Victory owed no duty and committed no proximate negligence. This court, in an opinion by Judge Fuchsberg, reverses the Appellate Division's order, asserting that the trial judge properly submitted the case to the jury. The decision emphasizes the foreseeability of the accident and the commingled efforts of both companies' employees, which established a mutual duty of care. The case is remitted to the Appellate Division for a review of the facts.

NegligenceForeseeabilityDuty of CareJoint EffortsContributory NegligenceJury RoleAppellate ReviewPersonal InjuryLoading AccidentThird-Party Liability
References
8
Case No. MISSING
Regular Panel Decision
Nov 28, 2005

Evans v. P.C.I. Paper Conversions, Inc.

Plaintiff, who was employed by Contemporary Personnel Staffing, Inc. and placed at P.C.I. Paper Conversions, Inc. (PCI), sustained injuries while operating an offset machine. She subsequently initiated a negligence and products liability action against PCI. PCI sought summary judgment, contending that the plaintiff was its special employee, thereby barring the action under Workers’ Compensation Law §§11 and 29. The Supreme Court denied this motion, ruling that there was a triable issue of fact concerning an agreement between Contemporary Personnel Staffing, Inc. and PCI that might have restricted PCI from employing the plaintiff in that capacity. The appellate court affirmed the Supreme Court's decision, finding no error in the lower court's conclusion.

Personal InjuryNegligenceProducts LiabilityWorkers Compensation LawSpecial Employee DoctrineSummary JudgmentAppellate ReviewEmployer LiabilityTriable Issue of FactControl over Work
References
4
Case No. MISSING
Regular Panel Decision

Schmitz v. St. Regis Paper Co.

Plaintiff Kathleen M. Schmitz, having been reinstated to a new position following a successful Title VII employment discrimination suit against St. Regis Paper Company (now Champion International Corporation), filed a motion for contempt. She alleged that the new role was not comparable to her previous marketing manager position. The District Court denied her motion, ruling that her claim was barred by the equitable doctrine of laches due to an unreasonable delay in filing the motion after becoming aware of her concerns. Additionally, the court found that Schmitz failed to provide clear and convincing evidence that Champion did not comply with the reinstatement order, determining the new position was sufficiently comparable regarding pay, title, and duties.

Employment DiscriminationTitle VIICivil Rights Act of 1964Reinstatement OrderMotion for ContemptEquitable Doctrine of LachesComparable Employment PositionJob ResponsibilitiesSuccessor CorporationMerger Impact
References
14
Case No. MISSING
Regular Panel Decision
Aug 07, 1958

West Virginia Pulp & Paper Co. v. A. D. Lewis

The case involves an interpleader action brought by West Virginia Pulp and Paper Company concerning union dues collected from its employees. Rival claims for these funds were made by District 50, United Mine Workers of America, and an "Organizing Committee" formed by disaffiliating members of Local 12915. The core dispute revolved around the legitimacy of the disaffiliation and the validity of District 50's claim to the local's assets and checked-off dues. The court ultimately ruled in favor of District 50 and the temporary administrator of Local 12915, upholding the existing collective bargaining agreement and union constitution. The cross-claim by the "Organizing Committee" was dismissed, and the plaintiff was discharged from liability.

InterpleaderUnion Dues DisputeLabor Union DisaffiliationCollective BargainingProperty Rights of UnionsTemporary AdministrationNational Labor Relations BoardContract FrustrationDue ProcessTrade Union Law
References
8
Case No. MISSING
Regular Panel Decision
Apr 17, 1979

Salwen Paper Co. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

The plaintiff, Salwen Paper Co., Profit Sharing Retirement Trust, sued defendant Merrill Lynch, Pierce, Fenner & Smith for breach of fiduciary duty and negligent performance. A prior federal action by the plaintiff was dismissed due to insufficient federal securities law claims, and the federal court explicitly declined to exercise pendent jurisdiction over the common-law claims. The defendant moved to dismiss the current state action based on res judicata, which Special Term granted. The appellate court reversed, holding that res judicata does not apply because the federal court's dismissal did not address the merits of the common-law claims. Therefore, the common-law claims can proceed in state court.

Res JudicataPendent JurisdictionFederal Securities LawCommon Law ClaimsBreach of Fiduciary DutyNegligencePrior DismissalAppellate ReviewJurisdictional DiscretionState Court Action
References
17
Case No. MISSING
Regular Panel Decision

Gould v. International Paper Co.

Plaintiff Lawrence Gould sustained a severe head injury while performing logging work for his father on property owned by International Paper Company. Plaintiff and his wife initiated an action against G.L. & R.L. Logging, Inc., International Paper Company, and International Paper Timberlands Operating Company, alleging that G.L. & R.L. Logging, Inc. left the property in a dangerous condition by allowing hanging trees to remain, which caused the plaintiff's injuries. Earlier in the litigation, International Paper Company was granted summary judgment, affirmed on appeal, on the grounds of a lack of proximate cause evidence. Subsequently, G.L. & R.L. Logging, Inc. moved for summary judgment, which the Supreme Court denied, citing factual issues from a second deposition. On appeal, the order denying summary judgment to G.L. & R.L. Logging, Inc. is reversed. The appellate court ruled that the doctrine of the law of the case precluded reconsideration of the proximate cause issue, as it had already been judicially determined on facts common to all defendants. The court also found the second deposition testimony to be inconsistent, speculative, and lacking probative value. Summary judgment is granted to G.L. & R.L. Logging, Inc., and the complaint against it is dismissed.

Summary JudgmentProximate CauseLaw of the CaseLogging AccidentPersonal InjuryAppellate ReviewMotion to DismissEmployer LiabilityDangerous Property ConditionDeposition Testimony
References
7
Case No. 2020 NY Slip Op 01875 [181 AD3d 1123]
Regular Panel Decision
Mar 16, 2020

Matter of Gimber v. Eastman Kodak Co.

Sandra Gimber (claimant) sought workers' compensation death benefits for her husband (decedent), who died from mesothelioma allegedly due to asbestos exposure during his employment with Eastman Kodak Company (Kodak) from 1967 to 1985. Kodak and its carrier attempted to apportion liability with the decedent's prior employer, International Paper Company, under Workers' Compensation Law § 44. The Workers' Compensation Board denied the apportionment, finding insufficient evidence that the decedent contracted mesothelioma during his employment with International Paper. The Appellate Division, Third Department, affirmed the Board's decision, concluding that while there was evidence of asbestos exposure at both employers, there was no objective medical evidence proving the disease process began during his employment with International Paper, which ended in 1967, especially since the diagnosis occurred in 2013. The court found the medical opinions linking the condition to prior employment to be speculative and insufficient to establish contraction during that period.

mesotheliomaasbestos exposureworkers' compensationapportionmentoccupational diseaselast employer liabilityprior employerdisease contractionsubstantial evidencemedical evidence
References
8
Case No. MISSING
Regular Panel Decision

Reynolds v. International Paper Co.

Harold S. Reynolds was injured by a falling tree limb ("widowmaker") while felling trees for his employer, James T. Ratliff, on land owned by IP Timberlands Operating Company, with timber rights held by International Paper Company. Reynolds and his wife sued, alleging defendants' negligence based on constructive knowledge of a dangerous condition. The court found that the "widowmaker" was an inherent logging danger, of which Reynolds was aware, and ultimate responsibility for hazard checks lay with the logger. The court also dismissed claims against both defendants under Workers' Compensation Law § 56, as IP Timberlands was not party to the contract, and International Paper had no liability since plaintiff received benefits from his employer's coverage. Consequently, the defendants' motion for summary judgment was granted, and the complaint dismissed.

Logging AccidentWidowmaker InjuryLandowner LiabilitySummary Judgment AppealWorkers' Compensation LawIndependent Contractor RelationshipDuty to WarnAssumption of RiskTimber HarvestingNegligence Claim
References
4
Case No. MISSING
Regular Panel Decision

Claim of Matice v. Groveton Papers Co.

This case involves appeals from two Workers’ Compensation Board decisions. The claimant was exposed to talc dust while working for International Talc Co. (1951-1953) and caustic chemical fumes while employed by Groveton Papers Co. (1970-1974). The Board found the claimant to be totally and permanently disabled due to a combination of talcosis and chronic bronchitis, covered by Workers’ Compensation Law § 44. Liability for compensation was apportioned equally between both employers. Both International Talc Co. and Groveton Papers Co. appealed these decisions. The court affirmed the Board's findings, supported by the testimony of an impartial medical expert, rejecting arguments regarding dust disease exclusions and time strictures for apportionment, and upholding the equal division of liability.

Occupational diseasetalcosischronic bronchitischemical fumes exposurepermanent total disabilityapportionment of liabilityworkers' compensationmedical expert testimonypre-existing conditionlast injurious exposure
References
11
Case No. 2017 NY Slip Op 04330 [151 AD3d 1127]
Regular Panel Decision
Jun 01, 2017

Matter of Turner v. Graphic Paper Inc.

Claimant, a truck driver, sustained multiple work-related injuries between 2009 and 2012. A Workers' Compensation Law Judge (WCLJ) classified him with a permanent partial disability and found a 66.7% loss of wage-earning capacity. Claimant sought reimbursement for medical and transportation expenses and challenged decisions regarding disputed medical bills. The Workers' Compensation Board denied his applications for review, finding that he failed to specify issues or grounds for review and that some issues were untimely raised. The Appellate Division affirmed the Board's decisions, concurring that the claimant's applications for review were deficient and that certain appeals were abandoned due to lack of arguments in the brief.

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityAdministrative ReviewAppellate ProcedureApplication for ReviewTimelinessMedical ExpensesTravel ExpensesCounsel Fees
References
5
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