CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2022 NY Slip Op 00083 [201 AD3d 1059]
Regular Panel Decision
Jan 06, 2022

Matter of Fleetwood Drywall Inc. (Commissioner of Labor)

Fleetwood Drywall Inc. appealed a decision from the Unemployment Insurance Appeal Board, which found them liable for additional unemployment insurance contributions for certain drywall installers and finishers. Fleetwood considered these workers independent contractors, but an audit and subsequent hearings determined an employment relationship existed under the Construction Industry Fair Play Act (Labor Law art 25-B). The Administrative Law Judge and the Board found that Fleetwood failed to rebut the statutory presumption of an employment relationship by not meeting all 12 statutory criteria for separate business entities under Labor Law § 861-c (2). The Appellate Division affirmed the Board's decision, specifically finding that Fleetwood failed to demonstrate that the subcontractors owned the capital goods (drywall) as required by the statute.

Unemployment InsuranceIndependent ContractorEmployment RelationshipConstruction Industry Fair Play ActLabor LawStatutory PresumptionCapital GoodsDrywall InstallersSubcontractorsAppellate Review
References
17
Case No. ADJ10531850
Regular
Aug 14, 2018

JORGE MACIEL IBARRA vs. TIM CAGLE, individually, doing business as TIM CAGLE DRYWALL, GREGORY AND BROOKE BAIRD, UNINSURED EMPLOYERS BENEFITS TRUST FUND (UEBTF), ALLIED SACRAMENTO

This Workers' Compensation Appeals Board case involves applicant Jorge Maciel Ibarra's claim for an industrial injury as a drywall installer. The primary issue is whether applicant was a household employee, as the Uninsured Employers Benefits Trust Fund (UEBTF) argues for exclusion. The Board rescinded the initial findings and remanded the case for the WCJ to first determine the identity of the employer and insurance status. If Tim Cagle Drywall is uninsured, the WCJ must then decide if the applicant, as an employee of an unlicensed contractor, meets the household employee wage and hour thresholds for coverage.

UEBTFPetition for ReconsiderationHousehold EmployeeLabor Code section 3352(h)Ultimate HirerUninsured ContractorLicensed ContractorSection 2750.5(c)Section 3351(d)Workers' Compensation Appeals Board
References
5
Case No. 2018 NY Slip Op 07468
Regular Panel Decision
Nov 07, 2018

People v. Ultimate Homes, Inc.

Guy Poulin, a drywall installer, was injured after falling through an unguarded stairwell opening at a residential construction site. He and his wife sued the general contractor, Ultimate Homes, Inc., among others, alleging violations of Labor Law §§ 200, 240(1), and 241(6), as well as common-law negligence. The Supreme Court's order, which had denied Ultimate's motion to dismiss Labor Law § 200 and common-law negligence claims and its cross-claim for indemnification, was appealed. The Appellate Division, Second Department, modified the order, affirming the grant of summary judgment to the plaintiffs on Labor Law § 240(1) against Ultimate. The court granted Ultimate's motions to dismiss the Labor Law § 200 and common-law negligence claims against it, finding the accident arose from the method of work and Ultimate lacked supervisory control. Additionally, Ultimate's cross-claim for common-law indemnification against J.G. Fortin Drywall, Inc. was granted, and the lower court's sua sponte dismissal of Ultimate's cross-claims was reversed.

Personal injuryConstruction accidentLabor Law § 240(1)Labor Law § 200Common-law negligenceIndemnificationContributionWorkers' Compensation Law § 11Summary judgmentAppellate Division
References
50
Case No. MISSING
Regular Panel Decision

Christa Construction, LLC v. Connelly Drywall, LLC

Christa Construction, LLC sued Connelly Drywall, LLC for breach of contract concerning two construction projects. Christa alleged that Connelly Drywall failed to provide adequate legal and skilled workers, leading to additional costs for Christa. Connelly Drywall's counsel withdrew, and the company subsequently failed to retain new counsel despite court orders, effectively failing to defend itself. Consequently, Christa moved for a default judgment. The court granted the motion for default judgment, awarding Christa damages totaling $393,662.00, plus interest, and attorneys' fees of $25,460.77. Connelly Drywall's counterclaims were dismissed with prejudice.

Default JudgmentBreach of ContractCorporate RepresentationFailure to AppearAttorney WithdrawalDamagesAttorneys' FeesSubcontract AgreementConstruction ProjectContract Dispute
References
11
Case No. MISSING
Regular Panel Decision
Apr 16, 2001

McDaniel v. Fischione Construction Co.

The plaintiff, an employee of Keith Ramsey Drywall Services, Inc., was injured after falling from stacked drywall walk-ups while installing drywall. The Supreme Court granted the plaintiff's cross-motion for partial summary judgment under Labor Law § 240 (1), determining that the walk-ups failed to provide proper protection and rejecting the defendant's recalcitrant worker defense. The court also granted Fischione Construction Co., Inc.'s motion for common-law indemnification against Keith Ramsey Drywall Services, Inc., as Fischione only exercised general supervisory authority over the work site. The appellate court affirmed the order, finding that Supreme Court properly granted both the plaintiff's cross-motion and Fischione's motion for summary judgment.

Labor Law § 240(1) ViolationStacked Walk-ups FailureWorker SafetyPremises LiabilityThird-Party IndemnificationSupervisory AuthorityAppellate ReviewConstruction Site InjurySummary Judgment MotionUnsafe Practices
References
6
Case No. MISSING
Regular Panel Decision

Consolidated Edison Co. v. City of New Rochelle

This case addresses whether local plumbing ordinances of the City of New Rochelle, Town of Greenburgh, and City of White Plains are preempted by state law or inconsistent with Public Service Law § 31 (4), which governs gas service line installations to residential buildings. A utility corporation challenged these local codes after being prevented from installing gas service lines with its own unlicensed employees. The Supreme Court initially denied the utility's motion for summary judgment, finding no preemption. On appeal, the higher court disagreed, determining that the State Legislature, through the Home Energy Fair Practices Act and Public Service Law, intended to preempt the field of service line installations to ensure uniformity and prevent unreasonable delays. The court found that the local codes, by requiring licensed plumbers for utility service line installations on private property, were inconsistent with state law and imposed additional restrictions on rights granted by state law. Consequently, the local ordinance was declared invalid to the extent it conflicted with state law and regulations, and the City of New Rochelle was enjoined from enforcing those conflicting provisions against the utility.

Utility regulationState preemptionLocal ordinancesPlumbing codesGas service installationPublic Service LawHome RuleDeclaratory judgmentStatutory interpretationRegulatory consistency
References
15
Case No. 2022 NY Slip Op 00945 [202 AD3d 509]
Regular Panel Decision
Feb 10, 2022

O'Flaherty v. Columbo

Plaintiff Brian O'Flaherty alleges severe, permanent injuries from an assault by employees of defendant Burgess at a construction site. Plaintiff sued multiple defendants, including TJM Construction, a subcontractor, which then initiated third-party actions against plaintiff's employer, Jackson Installation. Jackson Installation moved for summary judgment arguing the claims were barred by Workers' Compensation Law exclusivity provisions as no "grave injury" was alleged. The motion court properly denied Jackson Installation's motion, finding it failed to prima facie establish that plaintiff's injuries were not "grave." The court also found TJM Construction's argument regarding incomplete discovery on plaintiff's medical condition sufficient to deny the motion as premature. The Appellate Division, First Department, unanimously affirmed the lower court's decision.

Construction site injuryAssaultWorkers' Compensation LawGrave injurySummary judgmentCommon-law indemnificationContributionDiscoveryPremature motionAppellate review
References
5
Case No. 2022 NY Slip Op 03294 [205 AD3d 1243]
Regular Panel Decision
May 19, 2022

Matter of Truax & Hovey, Ltd. (Commissioner of Labor)

This case involves an appeal by Truax & Hovey, Ltd. (T&H) from two decisions of the Unemployment Insurance Appeal Board. T&H, an interior construction company, was found liable for additional unemployment insurance contributions for drywall installers and finishers it considered independent contractors. The Department of Labor's determinations, upheld by Administrative Law Judges and the Board, applied Labor Law § 861-c, part of the Construction Industry Fair Play Act, which presumes an employment relationship unless specific criteria for an independent contractor are met. The Appellate Division, Third Department, affirmed the Board's decision, finding that T&H failed to rebut this presumption because it did not establish that the drywallers owned the capital goods (drywall), a requirement under the separate business entity test.

Unemployment InsuranceIndependent ContractorEmployment RelationshipConstruction Industry Fair Play ActLabor LawDrywall InstallersStatutory PresumptionABC TestSeparate Business EntityAppellate Review
References
3
Case No. MISSING
Regular Panel Decision
May 10, 2000

Plass v. Solotoff

The plaintiffs appealed an order from the Supreme Court, Nassau County, which denied their motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). The injured plaintiff, owner and principal employee of a drywall installation company, was injured when he fell eight feet from a scaffold while installing sheetrock for the defendant Deli Designs, Inc., on the property of defendant Cheryl Solotoff. The Supreme Court denied their motion. The appellate court affirmed the order, finding that a question of fact remained for a jury as to whether the scaffold provided proper protection, given it did not collapse, slip, or otherwise fail to support the plaintiff's weight.

Personal InjuryScaffold FallLabor LawSummary JudgmentPremises LiabilityWorker SafetyConstruction AccidentAppellate DivisionQuestion of Fact
References
3
Case No. 2025 NYSlipOp 06805
Regular Panel Decision
Dec 09, 2025

Bordonaro v. E.C. Provini Co., Inc.

Plaintiff Steven Bordonaro, a carpenter for CBI Drywall, was injured unloading a 1000-pound cabinet from a truck with a pallet jack, falling four feet from a liftgate. He filed claims under Labor Law §§ 240(1), 241(6), 200, and common-law negligence. The Appellate Division modified the Supreme Court's orders, dismissing Labor Law § 241(6) and common-law negligence claims against most defendants. However, triable issues remained for E.C. Provini Co. under Labor Law § 200 regarding its failure to provide a forklift. Conditional contractual indemnification was granted to non-owner defendants from CBI Drywall, and contractual indemnification claims against CBI were reinstated for certain other defendants. Common-law indemnification and contribution claims against CBI were dismissed due to workers' compensation and absence of grave injury.

Labor LawSafe Place to WorkPallet JackFour-foot FallIndustrial Code ViolationContractual IndemnificationSummary JudgmentWorkers' Compensation BenefitsGrave InjuryThird-Party Claim
References
9
Showing 1-10 of 461 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational