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. 2019 NY Slip Op 08300 [177 AD3d 1370]
Regular Panel Decision
Nov 15, 2019

Warren v. E.J. Militello Concrete, Inc.

Plaintiffs, Gary E. Warren et al., commenced a negligence action against E.J. Militello Concrete, Inc., and Verizon New York, Inc., seeking damages for injuries sustained by Gary E. Warren on a sidewalk outside his employer, Verizon. The Supreme Court, Erie County, granted Verizon's motion for summary judgment, concluding that workers' compensation benefits were the exclusive remedy. On appeal, the Appellate Division, Fourth Department, reversed this decision. The appellate court held that the Workers' Compensation Board has primary jurisdiction to determine the applicability of the Workers' Compensation Law, and thus the Supreme Court should not have ruled on the summary judgment motion at that stage. The case was remitted to the Supreme Court for further proceedings after a determination by the Workers' Compensation Board.

NegligenceWorkers' CompensationPrimary JurisdictionSummary JudgmentAppellate ProcedureRemittalScope of EmploymentSidewalk AccidentErie CountyFourth Department
References
3
Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. MISSING
Regular Panel Decision

Detrick v. H & E MACHINERY, INC.

The plaintiff, Sherry Kellogg Detrick, sued her former employer, H & E Machinery, Inc., alleging sexual harassment under Title VII, Equal Pay Act violations, and state law claims including the New York Human Rights Law, intentional infliction of emotional distress, and negligence. Detrick contended she endured a hostile work environment and unequal pay compared to her male successor. H & E moved for summary judgment, arguing the Title VII and state law claims were time-barred, and the Equal Pay Act claim lacked a prima facie showing. The court granted H & E's motion, finding Detrick's harassment claims untimely and her Equal Pay Act claim unsupported by sufficient evidence of substantially equal jobs, and declined jurisdiction over the remaining state human rights claim.

Sexual HarassmentEmployment DiscriminationSummary JudgmentTitle VIIEqual Pay ActStatute of LimitationsContinuing Violation DoctrineNew York Human Rights LawHostile Work EnvironmentTimeliness of Claims
References
29
Case No. MISSING
Regular Panel Decision

Int'l Bhd. of Elec. Workers, AFL-CIO, Local Union No. 3 v. Charter Commc'ns, Inc.

This case concerns a dispute between Local 3 and Charter Communications regarding a Collective Bargaining Agreement (CBA). The core issue is whether Local 3 members were bound by a CBA provision requiring arbitration of disputes during a strike in March 2017. The court found that Local 3's conduct, including signing a Memorandum of Agreement (MOA), ratifying it, accepting improved wages and benefits, and utilizing grievance and arbitration procedures for almost two years, manifested an intent to be bound by the no-strike and arbitration provisions. Despite previous NLRB decisions regarding the inclusion of riders in the CBA, the District Court determined that the parties' actions indicated a binding agreement on the no-strike and grievance terms. Consequently, summary judgment was granted in favor of Charter, and arbitration was ordered.

Collective Bargaining AgreementArbitrationNo-Strike ClauseSummary JudgmentLabor Management Relations ActContract LawIntent to be BoundUnion DisputeEmployer-Employee RelationsFederal Court Jurisdiction
References
22
Case No. 2023 NY Slip Op 05267 [220 AD3d 882]
Regular Panel Decision
Oct 18, 2023

Omwathath v. Frank E. Basil, Inc.

Lakhram Omwathath filed an action seeking damages for wrongful death and conscious pain and suffering after the death of the decedent, who was injured while working for Frank E. Basil, Inc. The decedent and subsequently the plaintiff received workers' compensation benefits. The defendants moved to dismiss the amended complaint, arguing that the claims were barred by Workers' Compensation Law § 11. The Supreme Court granted the dismissal, which the Appellate Division, Second Department, affirmed, concluding that the claims against Frank E. Basil, Inc. were barred and no allegations were made against Data Dimensions.

wrongful deathconscious pain and sufferingworkers' compensationmotion to dismissCPLR 3211 (a)documentary evidenceemployer immunityappellate affirmanceprocedural lawstatutory bar
References
4
Case No. MISSING
Regular Panel Decision
Sep 15, 1995

Curran v. City of New York

The City of New York, as a defendant third-party plaintiff, appealed an order from the Supreme Court, Richmond County, dated September 15, 1995. The original order had granted a motion by third-party defendant E.E. Cruz & Co., Inc. to dismiss the City's claim for common-law indemnification and contribution entirely. The appellate court modified the order, ruling that the dismissal should only apply to common-law indemnification up to the $1,000,000 limit of the Aetna insurance policy. This decision was based on the antisubrogation rule, as Aetna insured both the City and E.E. Cruz under the same policy. The modified order was subsequently affirmed.

Common-law indemnificationContributionAntisubrogation ruleInsurance policy limitsThird-party plaintiffThird-party defendantAppellate reviewPersonal injuries damagesInsurance lawMotion to dismiss
References
1
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
Case No. MISSING
Regular Panel Decision

Allen Bradley Co. v. Local Union No. 3 International Brotherhood of Electrical Workers

This motion concerns plaintiffs' request to hold Harry VanArsdale, Jr., and Local Union No. 3, International Brotherhood of Electrical Workers, in contempt for failing to obey a subpoena. The underlying action involves accusations of a conspiracy to prevent the sale of electrical products. During proceedings before a Special Master, VanArsdale, Jr., as business manager of the Union, refused to produce a complete file of 'Allied Union News' issues despite a validly issued subpoena duces tecum. The court acknowledges the refusal was not contumacious but legally incorrect. Consequently, the court finds both VanArsdale, Jr., and Local Union No. 3 in contempt and orders the production of the requested documents, suspending punishment and costs contingent on their compliance.

Contempt of CourtSubpoena Duces TecumLabor UnionDiscoveryDocument ProductionSpecial MasterConspiracyInterstate CommerceRefusal to ComplyCourt Order
References
1
Case No. ADJ4655433 (STK 0183897) ADJ4135432 (STK 0183898)
Regular
Sep 08, 2010

CARMELA GARCIA vs. E & J GALLO WINERY, P.S.I.

This case concerns a request for supplemental attorney's fees following an unsuccessful petition for writ of review by defendant E & J Gallo Winery. The Court of Appeal previously granted the applicant's request for fees under Labor Code § 5801 and remanded the matter. The applicant's attorney requested $3,150.00 for services related to answering the petition, which the defendant did not dispute in amount, only in principle. The Workers' Compensation Appeals Board found the requested amount reasonable and issued a supplemental award of $3,150.00 in attorney's fees.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feessupplemental awardpetition for writ of reviewremittiturreasonable basisapplicantdefendantE & J Gallo Winery
References
1
Case No. MISSING
Regular Panel Decision

Smith v. Nestle Purina Petcare Co.

Plaintiff, an employee of E.E. Austin & Son, Inc., sustained injuries after slipping and falling on accumulated grain dust and a hose while working on a construction project at a grain silo owned by Nestle Purina Petcare Company. Plaintiff commenced an action against Nestle Purina Petcare Company, alleging Labor Law violations and common-law negligence. Nestle, in turn, filed a third-party action against Austin for contractual indemnification. The Supreme Court denied motions for summary judgment from both Nestle and Austin, leading to this appeal and cross-appeal. The appellate court modified the lower court's order, granting summary judgment dismissing the Labor Law § 240 (1) claim and partially dismissing the Labor Law § 241 (6) claim (except for the part based on 12 NYCRR 23-1.7 (e) (2)). However, the court affirmed the denial of summary judgment regarding the Labor Law § 200 claim, common-law negligence, and contractual indemnification, citing triable issues of fact.

Labor LawCommon-law negligenceSummary judgmentContractual indemnificationGrain silo accidentConstruction project injuryTripping hazardPremises liabilitySupervisory controlIndemnity provision
References
27
Showing 1-10 of 2,211 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