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
Jul 19, 2007

Claim of Torrance v. Loretto Rest Nursing Home

Claimant, a food service worker for Loretto Rest Nursing Home, suffered a work-related injury and received workers' compensation benefits. While receiving partial disability benefits, she took a light duty job with another employer. Loretto subsequently terminated her employment, citing a collective bargaining agreement provision against "moonlighting" while on leave. Claimant filed a discrimination claim under Workers’ Compensation Law § 120. A Workers’ Compensation Law Judge initially found discrimination, but the Workers’ Compensation Board reversed. On appeal, the Board's decision was affirmed, as Loretto's termination was deemed a non-discriminatory application of a neutral company policy.

Discrimination ClaimWorkers' Compensation BenefitsPartial DisabilityLight Duty EmploymentTermination of EmploymentCollective Bargaining AgreementNeutral PolicyCausal NexusAppellate ReviewWorkers' Compensation Law § 120
References
10
Case No. MISSING
Regular Panel Decision

Concourse Nursing Home v. Engelstein

This action stems from an earlier labor dispute between Local 144 and Concourse Nursing Home regarding Medicaid reimbursements. Concourse sued defendants Daniel Engelstein and Vladeck, Waldman, Elias & Engelhard, P. C., alleging wrongful interference with contractual relations, wrongful inducement of breach of contracts, prima facie tort, and negligent interference with contractual relationships, stemming from defendants' communications with the Department of Health (DOH) which led to DOH rescinding an additional $3.3 million reimbursement to Concourse. Defendants moved to dismiss the complaint, asserting First Amendment immunity under the Noerr-Pennington doctrine, which protects efforts to petition the government. The court found that defendants' actions were protected lobbying efforts and did not fall under the 'sham exception' since they were successful in their lobbying and not in competition with Concourse. Therefore, the court granted the motion to dismiss the complaint and denied plaintiff's cross-motion to compel discovery, holding that defendants were entitled to First Amendment immunity.

Noerr-Pennington doctrineFirst AmendmentImmunityLobbying EffortsSham ExceptionTortious InterferenceContractual RelationsPrima Facie TortNegligent InterferenceMotion to Dismiss
References
0
Case No. MISSING
Regular Panel Decision

Claim of Robinson v. Lawrence Nursing Home

The decedent, a pot washer for Lawrence Nursing Home, was found stabbed to death on the employer's premises during his work shift. The Workers’ Compensation Board initially disallowed the claim for death benefits, concluding the death resulted from a personal act unrelated to his work activities, thereby overcoming the Section 21 presumption that an accident in the course of employment arose out of employment. The claimant appealed this decision, arguing that the evidence used by the board to overcome the presumption was uncorroborated hearsay. However, the appellate court affirmed the board's decision, asserting that the weight of the hearsay testimony and the reasonable inferences drawn from the circumstances were within the board's fact-finding province, providing substantial evidence for the disallowance. Consequently, the Board's disallowance of death benefits was upheld.

Workers' CompensationDeath BenefitsCourse of EmploymentArising out of EmploymentPresumption of CompensabilityHearsay EvidenceSubstantial EvidencePersonal ActEmployer PremisesManslaughter
References
1
Case No. 2025 NY Slip Op 05773 [242 AD3d 584]
Regular Panel Decision
Oct 21, 2025

McGregor v. Manhattan Nursing Home Realty, Inc.

The Appellate Division, First Department, affirmed the Supreme Court's order which granted defendants' motion for summary judgment and denied plaintiff's cross-motion. Plaintiff, Taniqua McGregor, a security guard, was injured at Manhattan Nursing Home Realty, Inc., due to a slip and fall incident. Defendants successfully argued that McGregor was their "special employee," thus her claims were barred by Workers' Compensation Law exclusivity provisions. The court found sufficient evidence to establish a special employee relationship, citing her five years of exclusive work, on-site training, and reporting structure to defendants' supervisor. McGregor's opposing affidavit was deemed contradictory to her earlier deposition testimony and insufficient to raise a triable issue of fact.

Special Employee DoctrineWorkers' Compensation ExclusivitySummary Judgment StandardAppellate ReviewEvidentiary RulesContradictory AffidavitEmployer-Employee RelationshipPersonal InjurySlip and FallSecurity Personnel
References
5
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Carillo & Local 1115, Joint Board Nursing Home & Hospital Employees Division

This memorandum addresses a labor dispute between Carillon House Nursing Home and Local 1115 Joint Board concerning a contract breach by Carillon regarding wage and benefit increases. The Union initially filed an unfair labor practices charge with the NLRB, which resulted in a cease and desist order against Carillon in January 1977, later enforced by the Second Circuit. Concurrently, the Union demanded arbitration, prompting Carillon to move to stay arbitration in state court, a proceeding the Union removed to this federal court. The Court denied Carillon's motions to remand to state court and to stay arbitration, finding federal jurisdiction and that prior NLRB proceedings do not preclude arbitration. The Court granted the Union's motion to compel arbitration, emphasizing the broad arbitration clause in the contract and the arbitrator's wide latitude in fashioning remedies.

Labor disputeArbitrationContract breachCollective bargaining agreementUnfair labor practicesNLRB enforcementFederal jurisdictionStay of arbitrationCompel arbitrationConcurrent jurisdiction
References
16
Case No. MISSING
Regular Panel Decision

Local 144, Hotel, Hospital, Nursing Home and Allied Services Union v. CNH Management Associates, Inc.

Plaintiff Local 144 sought to confirm an arbitration award against defendant CNH Management Associates regarding unpaid wages and benefits for workers at Concourse Nursing Home. CNH cross-moved to dismiss or vacate the award, arguing it was not final and that the arbitrator exceeded his powers. The court found that the arbitrator's interim order for CNH to immediately pay over $6 million into an escrow account was ripe for confirmation, viewing it as preliminary equitable relief to preserve the integrity of the final award. Consequently, the court confirmed this specific order but dismissed other aspects of Local 144's petition as not yet ripe for judicial review. The court also rejected CNH's arguments regarding the arbitrator's authority and the nature of the award.

Arbitration AwardCollective Bargaining AgreementInterim AwardEscrow AccountJudicial ReviewRipeness DoctrineArbitrator's AuthorityEquitable ReliefLabor DisputeWages and Benefits
References
5
Case No. MISSING
Regular Panel Decision

Williamsbridge Manor Nursing Home v. Local 144 Division of 1199, National Health & Human Services Employers Union

Plaintiff Williamsbridge Manor Nursing Home sought to permanently enjoin an arbitration hearing related to the suspension of its employee, Cynthia Sullivan. The defendant, New York’s Health & Human Services Employers Union 1199/SEIU, AFL-CIO, opposed this motion and cross-moved for summary judgment and/or dismissal. The core issue revolved around whether an obligation to arbitrate survived the expiration of the collective bargaining agreement (CBA) in October 1997, given that the incident leading to Sullivan's suspension occurred in December 1998. The court determined that the dispute did not arise under the expired CBA, nor was there an implied-in-fact agreement to arbitrate post-expiration disputes, as the plaintiff's conduct was inconsistent with implied consent. Furthermore, the court ruled that the plaintiff's petition was not moot, despite the arbitration having already taken place, because the court retains power to act until an arbitration award is confirmed. Consequently, the plaintiff's motion to permanently enjoin the arbitration was granted, and the defendant’s motion to dismiss for mootness was denied.

ArbitrationCollective Bargaining AgreementCBA ExpirationImplied-in-fact ContractFederal Arbitration ActLabor Management Relations ActPermanent InjunctionMootnessEmployee SuspensionJudicial Determination
References
25
Case No. MISSING
Regular Panel Decision

Mohawk Valley Nursing Home, Inc. v. New York State Public Employment Relations Board

This CPLR article 78 proceeding concerns a collective bargaining representation election for Mohawk Valley Nursing Home employees. The Nursing Home challenged PERB's decision to conduct a secret mail ballot election and PERB's voiding of Janis Becker's ballot. The court dismissed the Nursing Home's first cause of action, finding PERB's decision to use mail ballots was not arbitrary or capricious. However, the court granted the Nursing Home's second cause of action, ruling that PERB's decision to void Becker's ballot was irrational and contrary to Federal labor law precedent, and remanded the matter to PERB.

Collective BargainingUnion ElectionMail BallotVoter EligibilityAdministrative ReviewArbitrary and CapriciousLabor LawPERBRemandNew York Supreme Court
References
9
Case No. 2024 NY Slip Op 00739 [224 AD3d 475]
Regular Panel Decision
Feb 13, 2024

Hasan v. Terrace Acquisitions II, LLC

This case addresses the retroactivity of the repeal of the Emergency or Disaster Treatment Protection Act (EDTPA). Plaintiff, representing the estate of a deceased nursing home resident, sued the defendant nursing home for negligence, gross negligence, and wrongful death related to COVID-19. The Supreme Court dismissed the complaint, which the Appellate Division, First Department, affirmed. The court held that the repeal of the EDTPA, which previously granted immunity to healthcare facilities during the pandemic, was not retroactive. Therefore, the defendant was entitled to immunity for actions that occurred while the EDTPA was in effect. Additionally, the court found that the defendant successfully defended against the gross negligence claim, demonstrating preparatory steps to prevent infections and adherence to Department of Health policies.

Retroactivity of statute repealEmergency or Disaster Treatment Protection Act (EDTPA)COVID-19 immunityNursing home liabilityGross negligence defenseStatutory interpretationPublic Health LawAppellate reviewWrongful death claimNegligence claim
References
15
Case No. 2020 NY Slip Op 03711 [185 AD3d 1133]
Regular Panel Decision
Jul 02, 2020

Matter of Pratt v. Gowanda Nursing Home

Claimant Viola B. Pratt injured her back in 2000 while working as a nurse's aide. The employer's carrier sought reimbursement from the Special Disability Fund under Workers' Compensation Law § 15 (8) due to a prior injury. They relied on a pretrial conference statement signed by the Special Funds Conservation Committee (SFCC) conceding applicability. The Workers' Compensation Board discharged the Special Disability Fund from liability, ruling the statement was not legally binding as it was never adopted or approved. The carrier appealed, arguing the Special Funds Group should be equitably estopped from denying reimbursement. The Appellate Division, Third Department, affirmed the Board's decision, finding it was not reasonable for the carrier to rely on the unapproved pretrial conference statement.

Workers' CompensationSpecial Disability FundEquitable EstoppelPretrial ConferenceStipulationReimbursementPermanent Partial DisabilityAppellate DivisionWorkers' Compensation BoardPrior Injury
References
2
Showing 1-10 of 1,678 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