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

NYSA-ILA Medical & Clinical Services Fund Ex Rel. Capo v. Catucci

The NYSA-ILA Medical & Clinical Services Fund, an employee medical services fund, sued Sabato Catucci and his three sons for allegedly withholding payments from Saleo Trucking Corporation to the fund. This action followed a prior judgment against the corporation for delinquent contributions. The plaintiff sought to hold the defendants personally liable under alter ego, breach of ERISA fiduciary duty, and embezzlement theories. The court granted summary judgment to the plaintiff on the breach of ERISA fiduciary duty claim against Sabato Catucci, finding him to be a fiduciary who misused plan assets. However, claims against his sons were dismissed due to lack of sufficient control over the corporation. The alter ego claim against Sabato Catucci will proceed to trial, and the embezzlement claim was dismissed for not supporting a private civil cause of action.

ERISA Fiduciary DutyAlter Ego LiabilityCorporate Veil PiercingDelinquent ContributionsSummary JudgmentEmployee Benefit PlanMultiemployer FundSelf-DealingCorporate ControlLabor Law
References
32
Case No. MISSING
Regular Panel Decision
Jul 29, 1996

Ray v. County of Delaware

The plaintiff sued Delaware County Mental Health Clinic for negligence, alleging failure to properly hire and supervise employee Brian Hart, a social worker who engaged in a sexual relationship with the plaintiff. Defendants moved for summary judgment, arguing proper procedures, lack of foreseeability, and plaintiff's culpable conduct. The Supreme Court granted the motion, determining the plaintiff failed to provide credible evidence for recovery. The appellate court affirmed this decision, finding that the plaintiff did not present affirmative proof to establish genuine issues of fact regarding the defendants' negligence in hiring and supervising their employee.

NegligenceSummary JudgmentAppealSupervisionEmployee MisconductSocial WorkerMental Health ClinicForeseeabilityEthical ConductProximate Cause
References
4
Case No. ADJ7962227
Regular
May 09, 2014

ANDREA REYNOSO vs. SANSUM CLINIC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the initial finding that she did not sustain a cumulative injury during her employment. The applicant claimed new evidence, including EMG testing for wrist issues and diagnoses of pulmonary embolism and blood clots affecting her psyche, should have been considered. However, the Board found this evidence was not "newly discovered" and could have been discovered through due diligence prior to the settlement conference or trial. Even if admitted, the new evidence would not alter the conclusion that any industrial injury occurred in 1999, not during her employment with Sansum Clinic.

Workers' Compensation Appeals BoardCumulative InjuryAgreed Medical EvaluatorPetition for ReconsiderationFindings of Fact and OrderAOE/COECarpal Tunnel SyndromePulmonary EmbolismPsyche InjuryNew Evidence
References
1
Case No. ADJ261234 (GOL 0093065) ADJ1281382 (GOL 0093064)
Regular
May 02, 2016

RITA ROBINSON vs. SANSUM SANTA BARBARA MEDICAL FOUNDATION CLINIC, DYNAMIC CLAIMS, Arrowpoint, GOLETA UNION SCHOOL DISTRICT

This case concerns an employer's (Sansum Santa Barbara Medical Foundation Clinic/Arrowood) petition for reconsideration of a prior award. The Appeals Board affirmed the award, which mandated right hip surgery and the provision of a Nurse Case Manager (NCM), finding Arrowood responsible for both. Arrowood's arguments regarding due process and utilization review were rejected, and the Board found that prior orders compelled NCM provision, which Arrowood had unilaterally ceased without sufficient medical evidence. The Board also admonished Arrowood's counsel for unprofessional conduct and misrepresentation of facts.

WCABReconsiderationNurse Case ManagerUtilization ReviewAgreed Medical ExaminerPrimary Treating PhysicianMedical Provider NetworkJoint and Several LiabilityMandatory Settlement ConferenceDeclaration of Readiness to Proceed
References
5
Case No. MISSING
Regular Panel Decision
Feb 01, 2011

Webb-Weber v. Community Action for Human Services, Inc.

The Supreme Court, Bronx County, initially denied the defendants' motion to dismiss the first and second causes of action. However, this decision was unanimously reversed on appeal, and the motion to dismiss was granted. The court found that the plaintiff failed to state a cause of action under Labor Law § 740 because no specific law, rule, or regulation allegedly violated by the defendants was identified. Furthermore, the complaint also failed under Labor Law § 741, as it did not cite a specific law, rule, regulation, or declaratory ruling that the defendants violated. Additionally, the plaintiff, a licensed clinical social worker and chief operating officer, was determined not to be an 'employee' within the meaning of Labor Law § 741 (1) (a), as her duties primarily involved coordination rather than direct health care services.

Labor LawWhistleblower ProtectionMotion to DismissAppellate ReviewEmployment LawHealth Care ServicesStatutory InterpretationEmployee DefinitionPleading RequirementsNew York Law
References
7
Case No. 5753-13
Regular Panel Decision
Mar 23, 2018

New York State Workers' Compensation Bd. v. Any-Time Home Care, Inc.

The New York State Workers' Compensation Board (WCB) initiated a main action against former members of the insolvent Healthcare Industry Trust of New York (HITNY) to recover a significant deficit. These defendants subsequently commenced a third-party action against an auditor, an actuary, and individuals associated with the trust administrator for indemnity and contribution. The third-party defendants sought to coordinate this new action with existing coordinated cases related to the collapse of other CRM-administered trusts and to stay it pending judicial approval of their settlements with the WCB. The Supreme Court, Albany County, concluded that the third-party action is a 'related matter' subject to a prior coordination order. Consequently, the court ordered the third-party action to be coordinated and stayed, pending the determination of an Article 77 Proceeding concerning the Board's settlements.

Coordination of ActionsStay of ProceedingsThird-Party LitigationGroup Self-Insured Trusts (GSITs)Trust InsolvencyWorkers' Compensation Law (WCL)Joint and Several LiabilitySettlement AgreementsArticle 77 ProceedingLitigation Coordinating Panel
References
4
Case No. MISSING
Regular Panel Decision

In re Moody

Petitioner Bobba Jean Moody, a certified clinical social worker, applied pro se for an exemption from jury service in New York County. She argued that despite not being explicitly enumerated in Judiciary Law § 512, clinical social workers should be exempt due to public policy and equal protection grounds, as they provide essential mental health services comparable to other exempted professionals like psychologists and psychiatrists. Moody highlighted her full-time role at the New York State Psychiatric Institute and part-time private practice, asserting that her absence would disrupt critical public services. The court, acknowledging the legislative intent to exempt essential healthcare professionals, agreed that a certified social worker engaged in full-time clinical practice should be exempt. Consequently, the court granted a personal exemption to Bobba Jean Moody and urged the State Legislature to amend Judiciary Law § 512 to include clinical social workers.

Jury ExemptionCertified Social WorkerClinical Social WorkHealth Care ProfessionalsJudiciary LawEqual ProtectionPublic PolicyMental Health ServicesPsychiatric InstitutePro Se Application
References
3
Case No. ADJ9091836
Regular
May 09, 2018

CHRISTOPHER DOUGLAS (Deceased), AMY DOUGLAS (Surviving Spouse Guardian Ad Litem) vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

This case involves a dispute over workers' compensation death benefits for the dependents of a deceased CalFIRE engineer/paramedic. The appeals board is reconsidering a prior decision that awarded benefits but ordered coordination with CalPERS special death benefits. The central issue is whether workers' compensation death benefits should be awarded to the decedent's children, considering they already receive CalPERS benefits, and how to properly coordinate these two types of benefits. The Board rescinded the prior decision and returned the case for further proceedings, emphasizing the need for proper joinder of CalPERS and a careful consideration of coordination rules.

WCABCalFIRESCIFCalPERSDeath BenefitsSpecial Death BenefitAntrimThompsonCoordination of BenefitsGuardian Ad Litem
References
4
Case No. 2016 NY Slip Op 03740 [139 AD3d 855]
Regular Panel Decision
May 11, 2016

Matter of Headley v. Headley

This case involves an appeal by Amalia Headley (mother) against Wayne Headley (father) concerning a Supreme Court order that mandated equal sharing of parenting coordinator fees. The parties, who divorced in 2008, shared joint legal custody of their child. Following disputes over visitation and the father's motion to modify custody, a parenting coordinator was appointed to mediate and oversee the parenting plan. The Supreme Court directed both parties to share the coordinator's costs equally to ensure shared responsibility. The mother subsequently moved to vacate this directive, citing financial hardship. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing that in the absence of clear indication that one party was more culpable than the other, fees should be shared equally. The court also found no evidence that the lower court failed to consider the parties' financial situations.

Family LawCustody DisputeVisitation RightsParenting CoordinatorAppellate ReviewFinancial ResponsibilityChild's Best InterestsMatrimonial LawDivorce ProceedingsCourt Fees
References
5
Case No. MISSING
Regular Panel Decision

People v. Gans

This court opinion addresses whether a certified social worker can be qualified as an expert witness to provide testimony regarding a defendant's mental capacity to proceed and future competency. The defense sought to qualify Hillel Bodek, a certified social worker specializing in forensic clinical social work, as an expert witness for these purposes. The court meticulously reviewed the qualifications of clinical social workers, acknowledging their critical role in the diagnosis of mental disorders, including their involvement in the development of the DSM III. Despite statutory provisions in CPL article 730 outlining who may serve as psychiatric examiners, the court emphasized that other appropriately trained and experienced experts can also offer testimony on competence. Ultimately, the court ruled in the affirmative, concluding that certified social workers with demonstrated training and supervised clinical experience in diagnosis and capacity assessment are qualified to provide expert testimony on these crucial issues.

Expert Witness QualificationCertified Social WorkerMental Capacity AssessmentCompetency to ProceedForensic Mental HealthDiagnostic AssessmentPrognostic StatementsCriminal Procedure Law Article 730DSM IIINon-Medical Expert Testimony
References
13
Showing 1-10 of 192 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