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

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Bright-Asante v. Saks & Co.

Plaintiff Michael Bright-Asante brought an action against Saks & Company, Inc., Theo Christ, and Local 1102, alleging employment discrimination, breach of a collective bargaining agreement (CBA), retaliation, and constructive discharge. The court addressed three motions: Plaintiff's motion to amend the complaint, Saks' motion for sanctions, and Saks' motion to compel arbitration and/or dismiss the complaint. The court denied Plaintiff's motion to amend his complaint and Saks' motion for sanctions, citing that the motion to amend was not "utterly lacking in support." Saks' motion to compel arbitration for the breach of CBA claim was granted, while arbitration for statutory discrimination claims was denied, as the CBA did not clearly mandate it. Finally, the court granted Saks' motion to dismiss the race discrimination (NYCHRL) and retaliation (NYLL) claims but denied the motion to dismiss the constructive discharge claim, finding sufficient facts for the latter.

Employment DiscriminationRetaliationConstructive DischargeArbitrationCollective Bargaining AgreementRule 15 MotionRule 11 SanctionsRule 12(b)(6) Motion to DismissSection 1981NYCHRL
References
56
Case No. MISSING
Regular Panel Decision

Claim of Buchanon v. Adirondack Steel Casting Co.

The Workers' Compensation Board's decision and amended decision, which found that the claimant did not have a total industrial disability, were affirmed on appeal. The employer's argument regarding the untimeliness of the claimant's supplemental notice of appeal was rejected due to lack of proof of service for the amended decision. The Board's plenary authority to modify previous decisions was upheld, as no facts indicated arbitrary or capricious action in amending its prior decision. The court concluded that the Board's finding of no total industrial disability was supported by substantial evidence, noting that the case involved a conflict of medical opinion, which is a factual matter for the Board to resolve. All remaining arguments by the claimant were considered and dismissed.

Workers' Compensation Law § 23Industrial DisabilityAppellate ReviewBoard Decision AffirmationMedical Opinion ConflictSubstantial EvidenceTimeliness of AppealArbitrary and Capricious StandardFactual DisputeClaimant's Appeal
References
4
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
0
Case No. ADJ9368625
Regular
Dec 14, 2015

JOHN VEGA vs. SODEXO, INC., by INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and amended the original findings of fact. The defendant sought reconsideration arguing no substantial medical evidence supported the finding of injury arising out of and in the course of employment (AOE/COE) and that the findings failed to specify the injured body part. The Board affirmed the AOE/COE finding, adopting the WCJ's credible testimony and contemporaneous medical records supporting a back injury on February 26, 2014. The amended finding specified the injury was to applicant's back.

AOE/COEPetition for ReconsiderationFindings of FactMedical EvidenceLabor Code Section 5313Body PartCredibility DeterminationsFloor TechnicianJanitorWork-Related Injury
References
1
Case No. ADJ6730536
Regular
Nov 29, 2010

ROBERT HILL (Deceased), NANCY HILL (Dependent Spouse) vs. AERO CRAFT HYDRAULICS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration and amended a finding to clarify that the applicant *claimed* a cumulative injury from 1993-2006, rather than finding it established. The Board denied the defendant's petition for removal, finding no evidence of significant prejudice or irreparable harm justifying the extraordinary remedy. The WCJ's decision to defer unresolved issues and allow further discovery was otherwise affirmed. The amended finding now accurately reflects the stipulated facts and the nature of the contested cumulative trauma claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and OrderWCJIndustrial InjuryCumulative TraumaSpecific InjuryAOE/COEMandatory Settlement Conference
References
2
Case No. ADJ12239828 (MF); ADJ12514900
Regular
Apr 17, 2023

LETICIA RIVERA GUTIERREZ vs. LABORNOW INC, GALLAGHER BASSETT GOLD RIVER

The Workers' Compensation Appeals Board granted reconsideration and amended the original Findings and Award concerning attorney fees for both adjudication numbers. The Board adopted and incorporated the WCJ's report, affirming the findings and award with the specified amendments. Specifically, Finding of Fact 8 was modified for ADJ12239828 to reflect an attorney fee of $5,698.50 plus 15% of temporary disability, and for ADJ125149008, to reflect an attorney fee of $913.50. The Board denied the defendant's petition on the issue of apportionment, finding they failed to meet their burden of proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardAttorney FeeTemporary DisabilityPermanent DisabilityApportionmentLabor Code § 5705Labor Code § 4663
References
6
Case No. 103 B.R. 416
Regular Panel Decision
Nov 01, 1989

Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)

The court issued findings of fact and conclusions of law, granting a preliminary injunction against the IAM for their unlawful strike activities targeting Eastern Air Lines at LaGuardia and Hartsfield Airports. The enjoined conduct includes trespassing, mass picketing, harassment, violence, and vandalism against Eastern's employees, customers, and property. The court found that these actions caused substantial and irreparable harm to Eastern and that public authorities were unable or unwilling to provide adequate protection. While the injunction imposed strict restrictions on these disruptive behaviors, the court denied Eastern's request to enjoin residential picketing, citing the Norris-LaGuardia Act. This decision aims to balance the unions' right to strike with Eastern's need to continue operations and protect its assets and personnel during the Chapter 11 reorganization.

Preliminary InjunctionLabor DisputeAirline IndustryStrike ActivityUnlawful ConductMass PicketingHarassmentVandalismUnion LiabilityNorris-LaGuardia Act
References
116
Case No. ADJ8461086
Regular
Jun 10, 2013

CEDRICK BROCKINGTON vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and affirmed the original decision, with amendments to the findings of fact. Specifically, temporary disability payments for applicant Cedrick Brockington were clarified to be from July 24, 2012, to continue, with adjustments for earnings and EDD payments. The Board also amended the finding regarding the Employment Development Department's lien recovery. The decision emphasizes deference to the WCJ's credibility findings.

WORKERS' COMPENSATION APPEALS BOARDCEDRICK BROCKINGTONLOS ANGELES UNIFIED SCHOOL DISTRICTSEDGWICK CMSADJ8461086OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONWCJGARZA v. WORKMEN'S COMP. APPEALS BD.TEMPORARY DISABILITY
References
1
Showing 1-10 of 18,845 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