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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Mar 12, 2001

Mason Tenders District Council Welfare Fund v. Thomasen Construction Co.

The case involved a dispute between the Mason Tenders District Council Welfare Fund and Mason Tenders District Council (plaintiffs) and Thomsen Construction Company, Inc., along with its owner, Stephen Thomsen (defendants). While Thomsen Construction conceded liability for failing to make contributions to the Funds, the central issue was whether Stephen Thomsen could be held personally liable. The court applied New York law concerning an agent's personal liability, which requires clear and explicit evidence of intent to assume personal liability, and considered factors such as contract negotiation and the signatory's role. The court found that the personal liability clause was not negotiated, and Thomsen signed in his official capacity as president, intending to avoid personal liability through incorporation. Consequently, the court ruled that Stephen Thomsen was not personally liable, entering judgment in his favor, although judgment was entered against Thomsen Construction, Inc.

Labor LawEmployee BenefitsERISALMRACorporate LiabilityPiercing the Corporate VeilContract LawAgency LawNew York LawFederal Jurisdiction
References
6
Case No. MISSING
Regular Panel Decision

Betts v. Tom Wade Gin

This workers' compensation case addresses whether an injured employee must tender settlement money received as a condition precedent to setting aside that agreement. James Betts, who suffered severe arm amputations while working at Tom Wade Gin, initially settled his claim for $45,000, but later sought to set aside the agreement under T.C.A. § 50-6-206. The trial court, following existing Tennessee case law, required Betts to tender the funds, a condition he did not meet, leading to the denial of his motion. However, the Tennessee Supreme Court reversed this decision, holding that tender is not required in such cases due to the remedial nature of workers' compensation statutes and to protect injured workers from unfair settlements. The court thus overruled prior precedents and remanded the case, allowing Betts to pursue his claim for higher compensation without returning the initial settlement amount.

Workers' Compensation LawSettlement AgreementsTender RequirementStatutory InterpretationRemedial StatutesContract Law PrinciplesJudicial PrecedentEmployer LiabilityEmployee BenefitsArm Amputation
References
20
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. MISSING
Regular Panel Decision

Mason Tenders District Council Welfare Fund v. M & M Contracting & Consulting

The plaintiffs, a group of Mason Tenders District Council Funds and associated entities, along with the Union and its managers, sued M & M Contracting & Consulting and its president, Michael T. Moscato, Jr. The suit, brought under ERISA and the Taft-Hartley Act, sought to compel defendants to fulfill their statutory and contractual obligations regarding monetary contributions, reports, dues checkoffs, and NYLPAC contributions. Following the defendants' failure to respond, a default judgment was entered against them. The defendants subsequently moved to vacate this judgment, citing excusable neglect due to their attorney's negligence, a meritorious defense, and a lack of personal jurisdiction over Moscato. The District Court denied the defendants' motion, concluding that their default was willful and dilatory, their defense lacked merit, and personal jurisdiction over Moscato was properly established according to N.Y.C.P.L.R.

Default JudgmentMotion to VacateExcusable NeglectAttorney MalpracticeMeritorious DefensePersonal JurisdictionERISATaft-Hartley ActEmployee BenefitsDues Checkoff
References
10
Case No. 909 F.Supp. 882
Regular Panel Decision
May 15, 1995

United States v. Mason Tenders Dist. Council of Greater NY

The United States and the Secretary of Labor sought partial summary judgment against James Lupo and Joseph Fater, former trustees of the Mason Tenders District Council’s Pension and Welfare Funds, alleging ERISA violations. The defendants were accused of breaching their fiduciary duties through imprudent real estate investments in New York and Florida, specifically by purchasing properties at inflated prices without proper investigation or required expert advice. The Court granted the Government's motion for partial summary judgment, finding that Lupo and Fater failed to act as prudent fiduciaries. Additionally, the Court denied Fater's cross-motion for summary judgment and subsequently denied the defendants' motion for reconsideration, which included a waived statute of limitations defense. This decision affirmed the trustees' liability for their failure to adequately manage the trust funds.

ERISA violationsFiduciary duty breachPension fund mismanagementWelfare fund investmentsSummary judgmentReal estate investmentsTrustee liabilityPrudent person standardStatute of limitations defenseReconsideration denied
References
43
Case No. 2-09-265-CV
Regular Panel Decision
Oct 28, 2010

Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. v. Shelby Jackson

Appellants Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. appealed a judgment following a bench trial in favor of Appellee Shelby Jackson. The appellants contended that the evidence was legally and factually insufficient to establish DTPA violations, economic damages, an unconscionable act by Norris, mental anguish damages, and entitlement to treble damages or attorney's fees. The trial court found that Avery violated the DTPA by misrepresenting rights and failing to disclose information, causing $500 in economic damages, which were trebled. It also found Norris committed an unconscionable act intentionally, causing $2,500 in mental anguish damages, also trebled. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support all findings.

Deceptive Trade Practices ActDTPA ViolationUnconscionable ActEconomic DamagesMental AnguishSufficiency of EvidenceAttorney's FeesContract ModificationConsumer ProtectionTexas Law
References
46
Case No. 07-05-0449-CV
Regular Panel Decision
Mar 14, 2007

Gibson Plumbing Heating & Air Conditioning, Inc. and Robin L. Hughes v. Coolbaugh Chiropractic

Gibson Plumbing Heating & Air Conditioning, Inc. and employee Robin L. Hughes appealed a judgment rendered in favor of Coolbaugh Chiropractic for medical services provided to Hughes. Hughes sustained a workplace injury and sought chiropractic treatment. Key issues on appeal included the legal sufficiency of evidence regarding Gibson's bookkeeper's actual authority to authorize multiple medical treatments and the basis for the $3,000 damages award. The Court of Appeals for the Seventh District of Texas affirmed the trial court's judgment. It found sufficient evidence for the bookkeeper's authority and that the damages were within the range of evidence, further concluding that Coolbaugh had adequately presented its claim for attorney's fees.

Employer liabilityEmployee injuryChiropractic treatmentAgency authorityActual authorityApparent authorityDamages awardSufficiency of evidenceAttorney's feesAppellate court
References
22
Case No. MISSING
Regular Panel Decision

Microtech Contracting Corp. v. Mason Tenders District Council of Greater New York

Plaintiff Microtech Contracting Corporation sought a preliminary injunction to stop defendants, including the Mason Tenders District Council and Local 78, from displaying an inflatable rat at its work sites. Microtech argued this conduct violated a 'no-strike' provision in their collective bargaining agreement (CBA). The District Court denied the motion, citing a lack of jurisdiction under the Norris-LaGuardia Act because the underlying labor dispute was not subject to mandatory arbitration as per the CBA. The court also held that Section 104 of the Act specifically prohibits injunctions against publicizing labor disputes by non-fraudulent or non-violent means. Furthermore, the court determined that even if jurisdiction existed, the use of the inflatable rat was protected First Amendment speech and did not fall under the 'disruptive activity' clause of the CBA, which was interpreted to apply only to actions similar to work stoppages.

labor disputepreliminary injunctionNorris-LaGuardia Actcollective bargaining agreementFirst Amendmentinflatable ratunion protestno-strike clausearbitrabilityjurisdiction
References
22
Case No. 05-18-00564-CV
Regular Panel Decision
Aug 28, 2019

Regency Development & Construction Services, LLC v. Ralph Carrington D/B/A Carrington Air Conditioning and Heating, Carrington AC and Heat , LLC, Anthony Turpin, Turpin & Turpin, Turpin and Turpin, Inc.

Regency Development & Construction Services, LLC appealed the trial court's summary judgments in favor of Ralph Carrington d/b/a Carrington Air Conditioning and Heating, Carrington AC and Heat LLC, Anthony Turpin, Turpin & Turpin, and Turpin and Turpin, Inc. Regency argued that the trial court erred in granting summary judgment on the grounds that Regency had no evidence of damages because its insurance carrier paid the underlying personal injury settlement and defense costs. The court affirmed the trial court's judgments, concluding that the collateral source rule does not apply to Regency under the facts of this case because Regency made no payments and received no payments from any other party. Furthermore, Regency's insurer, Cincinnati Insurance Company, failed to properly assert its subrogation rights or intervene in the lawsuit.

Summary JudgmentCollateral Source RuleInsurance CoverageSubrogation RightsBreach of ContractNegligenceIndemnityAppellate ReviewTexas LawCivil Procedure
References
13
Case No. MISSING
Regular Panel Decision
Nov 29, 2004

Velella v. New York Local Condotional Release Commission

The petitioners, including Gonzalez, Caba, Stephens, Velella, and DelToro, challenged determinations by the Conditional Release Commission and the Department of Correction. These determinations advised petitioners that their conditional releases were invalid and directed them to surrender. The Supreme Court, New York County, denied their five CPLR article 78 petitions. This appellate court unanimously affirmed the Supreme Court's decision, finding the petitioners' conditional releases illegal due to non-compliance with Correction Law § 273 (1) and (6). The court also ruled that the agencies had the power to set aside determinations based on significant irregularities and that the petitioners had no substantive due process right to illegal orders, having been afforded adequate procedural due process through the CPLR article 78 proceedings.

Conditional ReleaseCorrection Law ViolationsDue ProcessArticle 78 PetitionAgency AuthorityIllegal ReleaseStatutory InterpretationAppellate ReviewGovernment EstoppelNew York Law
References
14
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