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

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. 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. 535458
Regular Panel Decision
Mar 28, 2024

Matter of Djanuzakov v. Manhattan & Bronx Surface Tr. Operating Auth.

Claimant, a bus driver, filed for workers' compensation benefits due to work-related stress and psychological injuries stemming from COVID-19 exposure, coworker illnesses and deaths, and workplace conditions. His treating clinical psychologist diagnosed major depressive and anxiety disorder, deeming him temporarily totally disabled. The Workers' Compensation Law Judge initially disallowed the claim, finding his work-related stress no greater than that experienced by other similar workers during the pandemic, a decision affirmed by the Workers' Compensation Board. On appeal, the Appellate Division reversed, citing Matter of Anderson v City of Yonkers, and ruled that the Board must apply the same evidentiary standard for psychological injuries from COVID-19 exposure as it does for physical injuries. The case has been remitted to the Board to determine whether the claimant demonstrated specific or elevated risk of COVID-19 exposure in his work environment and a causal connection between the exposure and his alleged injury.

COVID-19Psychological InjuryWorkers' CompensationStress ClaimCausal ConnectionDisparate BurdenAppellate ReviewRemandNew York LawMental Health
References
1
Case No. 533112
Regular Panel Decision
Mar 17, 2022

Matter of Reyes v. H & L Iron Works Corp.

A claimant appealed a Workers' Compensation Board decision which found he violated Workers' Compensation Law § 114-a and permanently disqualified him from future indemnity benefits. The claimant, Leonel Reyes, sustained work-related injuries in 2016 and received benefits. However, he failed to fully disclose his disc jockey activities and the physical nature of this work to the Board, carrier, and examining physicians while collecting benefits. Surveillance videos showed him lifting heavy equipment, contradicting his testimony. The Workers' Compensation Board affirmed the WCLJ's finding of a violation and the imposition of both mandatory and discretionary penalties. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the violation and that the permanent forfeiture of indemnity benefits was not a disproportionate penalty given the claimant's multiple egregious misrepresentations.

Workers' Compensation Law § 114-aFalse RepresentationIndemnity BenefitsPermanent DisqualificationUndisclosed EmploymentDisc JockeyMaterial MisrepresentationSubstantial EvidenceWitness CredibilityDiscretionary Penalty
References
7
Case No. MISSING
Regular Panel Decision

Hinton v. Acme Steel & Malleable Iron Works

Claimant, an employee of Acme Steel & Malleable Iron Works from 1950-1970, developed silicosis due to dust exposure. His initial workers' compensation claim in 1970 was denied due to only partial disability. In 1980, the case was reopened as his condition worsened to total disability. After numerous hearings and appeals, the Workers' Compensation Board found claimant totally disabled by silicosis causally related to his employment, with a disablement date of May 30, 1979. The Board held Acme, self-insured in 1970 (last exposure date), liable over the State Insurance Fund (Acme's insurer in 1979). Acme and the Special Funds Conservation Committee appealed, but the appellate court affirmed the Board's decisions regarding occupational disease, causation, and coverage, finding ample support in medical testimony.

SilicosisOccupational DiseaseTotal DisabilityWorkers' Compensation BenefitsReopened ClaimDate of DisablementEmployer LiabilitySelf-InsuranceSpecial Disability FundMedical Evidence
References
13
Case No. ADJ1451525 (VNO 0539093)
Regular
Aug 08, 2011

ALLAN ANDREWS vs. PREMIER WALL CONSTRUCTION, SELF-INSURERS SECURITY FUND

In this workers' compensation case, the applicant alleged a cumulative trauma injury to his lungs due to tuberculosis exposure at work. While the applicant presented evidence of workplace exposure and a positive tuberculosis skin test, medical evidence was found insufficient to establish industrial causation. The Board rescinded the prior award and remanded the matter for further proceedings to develop the medical record. The primary goal is to clarify the nature of the injury, if any, from the work exposure.

ReconsiderationFindings and AwardCumulative TraumaTuberculosisPulmonary TuberculosisIndustrial CausationMedical EvidenceAgreed Medical ExaminerPanel Qualified Medical EvaluatorChest X-rays
References
7
Case No. 698 F.Supp. 452
Regular Panel Decision
Jan 01, 1988

Tunis v. Corning Glass Works

Catherine Tunis, a process engineer at Corning Glass, filed a lawsuit alleging sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. She claimed a hostile work environment due to pinup photographs, gender-based language, and catcalls, and that her termination was in retaliation for her complaints and an EEOC filing. The court found that the employer took prompt and reasonable remedial action regarding the hostile environment claims. Additionally, the court determined that Tunis failed to demonstrate that the legitimate, non-discriminatory reasons provided by Corning Glass for her termination were merely a pretext for discrimination. Consequently, all of Tunis's claims were dismissed, and judgment was entered in favor of the defendant.

Sex DiscriminationHostile Work EnvironmentRetaliationTitle VIICivil Rights ActEmployment DiscriminationWorkplace HarassmentGender BiasWrongful TerminationFederal Lawsuit
References
12
Case No. 2024 NY Slip Op 05611 [232 AD3d 1008]
Regular Panel Decision
Nov 14, 2024

Matter of Rottkamp v. New York Univ.

Claimant Romona Rottkamp sought workers' compensation death benefits, alleging her son, a refrigeration engineer, contracted COVID-19 at work, leading to his death. The Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board disallowed the claim due to insufficient proof of a causally-related death, specifically lacking evidence of COVID-19 prevalence in the decedent's work environment or a specific workplace exposure. The Board also precluded the employer's witness testimony for untimely filing of a notice of controversy. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board's finding was supported by substantial evidence, as the claimant failed to corroborate hearsay statements or demonstrate an elevated risk of exposure at work.

COVID-19Workers' CompensationDeath BenefitsCausally Related DeathEmploymentAppellate ReviewSubstantial EvidenceHearsayCorroborationMedical Opinion
References
12
Case No. MISSING
Regular Panel Decision

Frieder v. Long Island Railroad

Morton Frieder, diagnosed with mesothelioma, and his wife Rosalind Frieder, sued Long Island Railroad (LIRR) and Metropolitan Transportation Authority for asbestos exposure. Mr. Frieder worked as a cashier at a diner within LIRR's Morris Park maintenance facility from 1972-1979, serving LIRR employees who often wore asbestos-laden clothing into the diner. Defendants moved for summary judgment, arguing no duty of care was owed and no actual exposure was proven. The court denied the motion, finding LIRR controlled the premises and working conditions, thus owing a duty of care to Mr. Frieder. Furthermore, the court determined that sufficient circumstantial evidence, including testimony from former LIRR employees, created a question of fact regarding Mr. Frieder's exposure to asbestos from the dust on LIRR workers' clothes.

Asbestos exposureMesotheliomaLandowner liabilityDuty of careSummary judgmentWorkplace safetyPremises liabilityMorris Park facilityLIRR employeesCircumstantial evidence
References
18
Case No. MISSING
Regular Panel Decision
Jun 04, 2001

Claim of Keeley v. Jamestown City School District

The claimant, a teacher for Jamestown City School District, experienced various symptoms after renovations at the middle school in 1992, attributing them to chemical exposure. After stopping work and seeking medical attention, the School District filed a C-2 form. However, a Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board disallowed the claim, finding that the claimant failed to prove a causal relationship between the disability and employment. The record showed exposure to carpet adhesives and ventilation issues, but also noted the claimant's intermittent symptoms since 1988 and recurrence with household cleaners. While some medical experts diagnosed toxic peripheral neuropathy, toxic encephalopathy, and multiple chemical sensitivity, and linked them to work exposure, other experts disagreed. The Board weighed these conflicting medical opinions. The court affirmed the Board’s decision, concluding that substantial evidence supported the finding that no causal relationship was established.

Workers' CompensationCausally Related DisabilityChemical ExposureSchool RenovationsToxic Peripheral NeuropathyToxic EncephalopathyMultiple Chemical SensitivityConflicting Medical OpinionsBurden of ProofMedical Evidence
References
5
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