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. MISSING
Regular Panel Decision
Sep 28, 1979

Fiat Motors of North America, Inc. v. National Highway Traffic Safety Administration of the Department of Transportation

Plaintiff Fiat Motors of North America, Inc. sought a preliminary injunction to prevent the National Highway Traffic Safety Administration (NHTSA) from holding a hearing concerning alleged defects in Fiat vehicles and a repurchase campaign. Fiat contended it was deprived of adequate notice, an opportunity to present its views, and a hearing before an impartial tribunal. The court, presided over by District Judge Metzner, applied the exhaustion of remedies doctrine, emphasizing that judicial intervention is typically warranted only after a final agency determination. The court denied Fiat's motion, finding that Fiat received reasonable notice, its constitutional claims could be addressed at the hearing and were subject to de novo review, and there was insufficient evidence of agency bias. Consequently, the court ordered the hearing to proceed as scheduled on September 28, 1979.

Preliminary InjunctionAdministrative LawJudicial ReviewExhaustion of RemediesDue ProcessAdequate NoticeImpartial TribunalNational Highway Traffic Safety AdministrationVehicle SafetyProduct Recall
References
9
Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. 2021 NY Slip Op 02391 [193 AD3d 932]
Regular Panel Decision
Apr 21, 2021

Matter of Zamir F. (Ricardo B.)

The Administration for Children's Services appealed an order from the Family Court, Kings County, which had dismissed petitions alleging that Ricardo B. neglected Zamir F. through sexual abuse and derivatively neglected his other children, Elijah B., Jordan B., Jeremiah B., and Messiah B. The Appellate Division, Second Department, reversed the Family Court's order. It found that the petitioner had sufficiently established neglect and derivative neglect by a preponderance of the evidence, concluding that the testimony of the petitioner's child sexual abuse expert reliably corroborated Zamir's out-of-court statements. The court also determined that the Family Court had erred in its credibility assessment, particularly in preferring the father's expert's testimony. The matter was remitted to the Family Court for a dispositional hearing and the issuance of a dispositional order.

Child NeglectSexual AbuseDerivative NeglectFamily Court Act Article 10Corroboration of Child StatementsExpert TestimonyCredibility AssessmentAppellate ReviewParental DutiesRisk of Harm
References
8
Case No. MISSING
Regular Panel Decision

Elias v. Apfel

Mounir Elias appealed a final administrative determination by the Social Security Administration Commissioner, denying his disability benefits application under the Social Security Act. Elias, who suffered from severe neck and back injuries from an auto accident, claimed disability since 1993. The Administrative Law Judge (ALJ) denied benefits, finding Elias could perform light work despite his impairments, a decision upheld by the Appeals Council. The District Court affirmed the Commissioner's decision, denying Elias's motion for judgment on the pleadings and granting the defendant's motion, concluding the ALJ's findings were supported by substantial evidence and that Elias received a fair hearing even without legal counsel, thus dismissing the complaint.

Social Security Disability BenefitsAdministrative ReviewDisability DeterminationSubstantial Evidence ReviewResidual Functional CapacityLight Work CapacityTreating Physician OpinionVocational ExpertPro Se ClaimantFederal Rules of Civil Procedure 12(c)
References
24
Case No. MISSING
Regular Panel Decision

Rorick v. Colvin

Kortney Rorick sought judicial review of the Commissioner of the Social Security Administration's decision denying her application for Social Security Disability and Supplemental Security Income payments. This is Rorick's second attempt at judicial review, following a prior remand in "Rorick I". The current hearing officer again denied benefits, prompting Rorick to ask the Court to reverse or remand. The Court reviewed the hearing officer's findings on residual functional capacity, the severity of migraines, and the step-five determination. Ultimately, the Court found substantial evidence supported the hearing officer's conclusions, including the determination that Rorick's migraines were not a severe impairment, and that the use of medical vocational guidelines was permissible. The Court affirmed the Commissioner's decision and dismissed Rorick's complaint.

Social Security ActDisability BenefitsSupplemental Security IncomeJudicial ReviewResidual Functional CapacityMigraine HeadachesMental ImpairmentsTreating Physician RuleGlobal Assessment of Functioning (GAF)Vocational Expert
References
25
Case No. MISSING
Regular Panel Decision

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. MISSING
Regular Panel Decision

United States v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

This Memorandum and Order addresses objections by Harold Friedman and Anthony Hughes to the jurisdiction of the Independent Administrator, appointed under a Consent Decree between the U.S. Government and the International Brotherhood of Teamsters, to hear corruption charges against them. Friedman and Hughes challenged the Administrator's authority based on claims that the misconduct was "generally known" to the membership, disciplinary actions should be stayed pending criminal appeals, and a statute of limitations had expired. They also sought a preliminary injunction to prevent the hearings. The court affirmed the Independent Administrator's opinion, denying all jurisdictional objections and ruling that Friedman and Hughes failed to demonstrate irreparable harm. Consequently, their motions for preliminary injunctions were denied, allowing the Administrator to proceed with the hearings.

Consent Decree EnforcementLabor Union GovernanceRacketeering ChargesCollateral EstoppelPreliminary InjunctionStatute of LimitationsJurisdiction DisputeIBT CorruptionUnion DisciplineCriminal Conviction Appeals
References
9
Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
6
Case No. 90-cv-279
Regular Panel Decision
Oct 01, 2013

Deno v. Colvin

Michael Deno sought judicial review under section 205(g) of the Social Security Act of the Commissioner of Social Security's final decision denying him Supplemental Security Income (SSI) benefits. Deno challenged the Administrative Law Judge's (hearing officer) decision, requesting a reversal of the finding that he is not disabled. The Commissioner, in turn, sought affirmation of the hearing officer's decision. This Court previously reversed and remanded Deno's claim in 2009, leading to further administrative proceedings where the hearing officer again denied the claim in 2010. Deno appealed this denial, arguing various errors by the hearing officer, including inadequate consideration of medical evidence, improper weight given to providers, unsupported credibility determinations, and erroneous reliance on vocational expert testimony. The Court, however, found the hearing officer's decision to be supported by substantial evidence, affirming the denial of disability benefits and dismissing Deno's complaint.

Social Security ActSupplemental Security Income (SSI)Disability Benefits AppealJudicial Review StandardALJ Decision ReviewTreating Physician Rule ApplicationResidual Functional Capacity AssessmentVocational Expert ReliabilityClaimant CredibilityChronic Back Pain
References
28
Showing 1-10 of 6,472 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