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

Nelson v. Biderman

The petitioner moved for a warrant under CPLR 2308(b) to commit the respondent to jail for refusing to be sworn as a witness and produce requested books and records in a pending arbitration proceeding. The respondent had previously unsuccessfully moved to set aside the arbitrator's subpoenas, and the petitioner's cross-motion to compel compliance was granted. An appeal by the respondent for a stay was denied by the Appellate Division. The respondent persisted in his refusal before the arbitrator, leading to the current motion. The respondent argued, for the first time, that only the 'issuer' of the subpoena, the arbitrator, could move for relief under CPLR 2308(b), collaterally attacking the prior order. The court rejected this argument, interpreting 'issuer' to include the party on whose application the subpoena was issued in a non-judicial proceeding, and found it impractical to limit the remedy to the official. The motion was granted.

ArbitrationSubpoena enforcementCPLR 2308(b)CPLR 2302(a)Contempt of courtWitness refusalDocument productionCollateral attackJudicial interpretationMotion to compel
References
0
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Grief Bros.

This employment discrimination case, filed July 1, 2002, involves Michael Sabo (Plaintiff) who alleges constructive discharge based on sexual harassment and claims severe emotional pain and suffering. The Defendant moved for a mental examination of Sabo under Fed.R.Civ.P. 35 and to compel the production of his medical records. Sabo alleged severe humiliation, anxiety, depression, loss of self-esteem, sleeplessness, and weight gain, and admitted to a history of depression, past suicide attempts, and current psychiatric treatment with prescribed medications. The court granted the Defendant's motions, finding that Sabo had placed his mental condition in controversy due to the nature and severity of his claims and his medical history, justifying both the examination and the production of relevant medical records. The court also granted Defendant's request for costs associated with compelling the medical records, but denied the request for costs related to the Rule 35 motion itself, and denied Plaintiff's request for counsel or recording during the examination.

Employment DiscriminationSexual HarassmentConstructive DischargeEmotional DistressMental ExaminationRule 35Medical RecordsDepressionSuicide AttemptsCompensatory Damages
References
11
Case No. MISSING
Regular Panel Decision

In re Nan FF.

This case concerns an appeal from an order of the Family Court of Otsego County which dismissed an adult adoptee's application to unseal her adoption records. The petitioner sought access to the records based on medical need, as per Domestic Relations Law § 114 (4). However, her application was denied because she failed to provide a certification from a licensed New York physician. Additionally, the submitted letters from an out-of-state social worker and physician did not sufficiently indicate that access to the records was "required" to address a serious illness, nor did they identify the specific information needed, thus failing to establish prima facie good cause under the statute. The appellate court affirmed the Family Court's dismissal of the application.

Adoption LawRecord SealingMedical GroundsGood Cause RequirementStatutory ComplianceFamily Court ProcedureAppellate ReviewPhysician CertificationOut-of-State CertificationDocumentary Evidence
References
5
Case No. ADJ7180052
Regular
Dec 16, 2013

JEFF ALLMAN vs. HELEN TOWERS MANAGEMENT COMPANY, YORK VALENCIA

The Workers' Compensation Appeals Board dismissed Jeff Allman's Petition for Reconsideration as untimely. The original Findings and Award were issued on September 17, 2013, but the petition was not filed within the statutory 25-day deadline. Even if timely, the Board noted the petition was skeletal, failing to address the merits of the original decision. Furthermore, the Board found no record of Allman updating his address per regulations, and proof of service on his official address was valid.

Petition for ReconsiderationUntimely FilingOfficial Address RecordProof of ServicePresumption of ReceiptDWC Rule 10205.5(c)Skeletal PetitionFindings and AwardWorkers' Compensation Appeals BoardLabor Code section 5903
References
5
Case No. ADJ4637163
Regular
Sep 09, 2013

KATHY GLENN FIRMALO vs. JOHN C. FREMONT HEALTHCARE, DISTRICT; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of a lien claim. The lien claimant argued improper service of hearing notices, but the Board found their status as an unrepresented claimant allowed for direct service. Electronic records confirmed the lien claimant was in the Official Address Record at the time of service. The Board adopted the Administrative Law Judge's reasoning, emphasizing that the lien claimant provided no factual basis to rebut the service records.

WCABPetition for ReconsiderationDenying PetitionOrder Dismissing LienLien ClaimantUnrepresented Lien ClaimantNotice of RepresentationElectronic Adjudication Management SystemEAMSOfficial Address Record
References
0
Case No. MISSING
Regular Panel Decision

Wood v. Inc. Village of Patchogue

The plaintiff, Donald R. Wood, Jr., representing himself and a class, filed a lawsuit against the Village of Patchogue and numerous current and former officials, alleging an illegal scheme to enforce traffic laws and collect fines, violating the RICO Act and 42 U.S.C. § 1983. The defendants filed a motion to dismiss the first amended complaint. The court granted the motion in part, dismissing claims against the Village itself, against officials in their official capacities, against Justices Yannacone and O'Connell based on judicial immunity, and against various Village Clerks for insufficient pleading. Additionally, all Section 1983 claims were dismissed. However, the RICO claims under 18 U.S.C. §§ 1962(c) and (d) and the New York state law claim for 'money had and received' against Mayors Stephen Keegan and Edward Ihne, and Chief Constables Jeffrey Kracht and Louis Torneo (in their individual capacities) were allowed to proceed. The plaintiff was granted leave to file a second amended complaint to address the pleading deficiencies for the dismissed claims.

RICO ActRacketeering ActivityMail FraudWire FraudCivil RightsJudicial ImmunityRooker-Feldman DoctrineMotion to DismissPleading StandardsMunicipal Liability
References
74
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. LAO 0844240
Regular
Feb 08, 2008

JESUS L. RAMIREZ vs. GLABMAN FURNITURE, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES, CLARENDON NATIONAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an order vacating the dismissal of a lien claimant's lien. The Appeals Board dismissed the petition because reconsideration is only available for final orders, and the order in question was procedural. The Board also denied the defendant's request for removal, finding no prejudice or irreparable harm, and advised updating the lien claimant's address on the Official Address Record.

Workers' Compensation Appeals BoardLien ClaimantOfficial Address RecordPetition for ReconsiderationOrder Dismissing LienInterlocutory OrderSubstantive RightPetition for RemovalExtraordinary RemedyIrreparable Harm
References
7
Case No. SAC 358620, SAC 360470; SAC 342405
Regular
Aug 03, 2007

MICHAEL LEACH vs. GRASS VALLEY ELECTRIC, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the applicant's contention that the WCJ erred in limiting temporary total disability (TTD) indemnity payments and in finding that prior injuries did not contribute to his current TTD. The Board found that the medical evidence was not sufficiently developed to determine causation between the 2002 injuries and the applicant's current disability and need for surgery. Therefore, the case was returned to the trial level for further proceedings to develop the record and obtain a new decision.

Workers' Compensation Appeals BoardMichael LeachGrass Valley ElectricState Compensation Insurance FundReconsiderationFindings and OrderTemporary Disability IndemnityTemporary Total DisabilityLabor Code section 4656Qualified Medical Examiner
References
7
Showing 1-10 of 7,938 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