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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
Oct 15, 1979

In re the General Assignment for the Benefit of Creditors of Am-Lon Knit Goods Finishing Corp.

This proceeding involved an assignee for the benefit of creditors seeking judicial determination of priority among various creditor claims. The claims included those from the Federal Government, preferred wage claims, the New York State Tax Commission for income withholding taxes, the Industrial Commissioner for unemployment insurance contributions, the Director of Finance of the City of New York for various city taxes, and two insurance companies for workers' compensation insurance premiums. The court reconsidered an earlier decision and clarified that Labor Law § 574 is applicable and controlling in this context, establishing parity between New York State and City tax claims. Consequently, these tax claims were granted priority over the workers' compensation insurance premiums. The decision also distinguishes insolvency proceedings from decedent's estate cases, which are governed by SCPA 1811.

InsolvencyCreditor PriorityTax ClaimsUnemployment InsuranceWorkers' CompensationAssignee for Benefit of CreditorsState TaxesCity TaxesLabor LawSCPA
References
14
Case No. CLAIM NO. 78
Regular Panel Decision

In Re DDI Corp.

This case concerns the application of excusable neglect to a late class proof of claim filed by Raymond Ferrari and other representatives on behalf of a putative class against DDi Corp., a debtor in a pre-arranged chapter 11 case. The claim was filed approximately six weeks after the bar date. The debtors moved to expunge the claim due to untimeliness and procedural defects, while the representatives cross-moved for leave to file late, arguing lack of actual notice. The court denied the cross-motion, finding that the class was an unknown creditor at the time the bar date notice was mailed, and therefore, excusable neglect was not established. Consequently, the debtors' motion to expunge Claim No. 78 was granted.

excusable neglectlate claimclass actionproof of claimbar datebankruptcysecurities fraudchapter 11actual noticeunknown creditor
References
10
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. MISSING
Regular Panel Decision

In re the General Assignment for the Benefit of Creditors of Well Bilt Box Spring Corp.

An assignee for the benefit of creditors moved to disallow a claim for priority filed by the United Furniture Workers Insurance Fund. The fund sought $480 for unpaid group welfare insurance premiums, which accrued from September 1947 to April 1948 under a collective bargaining agreement. The assignee contended that the Debtor and Creditor Law section 21-a did not provide priority for such claims, arguing it applied to employee-contributed pension plans, not employer-paid insurance. The court referenced conflicting precedents from Matter of Seaboard Furniture Mfg. Corp. (Frey) and Matter of Hollywood Commissary, Inc. (Weintraub). Adopting the view of Justice Walsh, the court ruled that this was a contract matter between the employer and union, not a claim for wages, and noted the claim was made by the insurance carrier rather than the union or employees. Consequently, the court disallowed the claim for priority and granted the assignee's application to settle their account.

Priority ClaimAssignee for CreditorsInsurance FundCollective Bargaining AgreementWelfare InsuranceEmployer ContributionsDebtor and Creditor LawSection 21-aWage ClaimContract Dispute
References
2
Case No. MISSING
Regular Panel Decision

In Re Thomson McKinnon Securities, Inc.

The Chapter 11 debtor, Thomson McKinnon Securities, Inc., moved to disallow James E. Parks' claim, arguing it was filed after the court-ordered bar date of October 30, 1990. Parks, a former customer, did not receive actual notice of the bar date, although the debtor was aware of his potential claim through letters from Legal Services. The court found that due process requires actual notice for known creditors and determined that the debtor had actual notice of Parks' asserted claim. Therefore, the court concluded that Parks was entitled to actual notice, which he did not receive, and granted an extension for his claim. Parks' proof of claim, filed on May 17, 1993, was deemed timely, and the debtor's motion to expunge was denied.

Bankruptcy LawProof of ClaimBar DateExcusable NeglectActual NoticeConstructive NoticeDue ProcessCreditors' RightsChapter 11Debtor in Possession
References
3
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. Claim No. 8, Claim No. 14
Regular Panel Decision

In re Pioneer Carriers, LLC

This case concerns objections filed by Pioneer Carriers, LLC (the Debtor) against two proofs of claim by the Texas Workforce Commission (TWC) for alleged unpaid unemployment taxes under the Texas Unemployment Compensation Act. The central issue revolved around determining whether truck drivers operating the Debtor's trucks were employees or independent contractors. Applying the TWC's 20-factor test, the Court found that a substantial majority (14 out of 19 applicable factors) indicated independent contractor status. Consequently, the Court sustained the Debtor's objections, ruling that the truck drivers were independent contractors and thus disallowing the TWC's claims in their entirety. However, the Court noted that a portion of the 2014 claims related to initially hired employees would be subject to further determination.

Independent ContractorEmployee StatusUnemployment CompensationTexas Workforce Commission (TWC)Bankruptcy LawTexas Labor Code20-Factor TestControl TestDebtorClaims Objection
References
45
Case No. 88, 89, 90, 91
Regular Panel Decision
Nov 24, 2025

In the Matter of the Claim of Kimberly McLaurin; In the Matter of the Claim of Sheldon Matthews; In the Matter of the Claim of Melissa Anderson; In the Matter of the Claim of Bolot Djanuzakov

Four claimants (three transit workers and one teacher) sought Workers' Compensation Law benefits in 2020, alleging psychological injuries like PTSD from workplace COVID-19 exposure. The Workers' Compensation Board denied the claims, stating the stress experienced was not "greater than that which other similarly situated workers experienced," thus not constituting a compensable "accident." The Appellate Division reversed, arguing the Board erred by not considering claimants' vulnerabilities and applying disparate burdens compared to physical COVID-19 claims. The Court of Appeals reversed the Appellate Division, reinstating the Board's decisions, clarifying that individual vulnerabilities are immaterial and affirming the "greater stress" standard for compensability.

Workers' Compensation LawPsychological Injury ClaimsCOVID-19 Workplace ExposurePost-Traumatic Stress DisorderCompensable Accident StandardEmotional Stress CriteriaSimilarly Situated WorkersAppellate Division ReversalCourt of Appeals DecisionLegislative Amendments
References
26
Case No. MISSING
Regular Panel Decision

In Re G. Marine Diesel Corp.

The Debtor, G. Marine Diesel Corp., objected to a claim filed by An-Frank Metal Fabricating Industries, Inc. (Creditor) for services rendered as a subcontractor on U.S. Navy ship repairs. The Debtor argued the claim included unauthorized work and excessive wage rates. The Court, after reviewing evidence and testimony, found that the Creditor's proof of claim established prima facie validity. However, the Debtor successfully rebutted portions related to unauthorized interest charges, unnecessary re-engineering costs, and unsubstantiated acceleration costs. Consequently, the Creditor's original claim of $298,763.20 was reduced by $145,404.53. The Court allowed the remaining sum of $153,358.67 as an unsecured claim against the Debtor's estate.

BankruptcyClaim ObjectionSubcontractorGovernment ContractEquitable AdjustmentInterest ChargesRe-engineering CostsAcceleration CostsBurden of ProofPrima Facie Evidence
References
12
Case No. MISSING
Regular Panel Decision
May 09, 2000

In Re West Pointe Properties, L.P.

The Chapter 7 Trustee, N. David Roberts, Jr., filed a Motion to Compromise Claims, proposing a settlement of $25,000.00 for the Debtor's claims against J. Hicks Excavating, Inc. and USF & G. Several creditors, including Don Bayless Heating and Air, Luethke Surveying Company, West Pointe Development, Inc., and Ronald C. Frye, filed objections, deeming the settlement inadequate. The court evaluated the likelihood of success in litigation, its complexity and expense, and the availability of counsel willing to work on a contingency basis. Concluding that the Debtor's claims had merit and a firm was willing to litigate them, the court found the proposed compromise not fair, equitable, or in the best interests of the creditors. Therefore, the Trustee's Motion to Compromise Claims was denied.

BankruptcyChapter 7Motion to CompromiseCreditor ObjectionsEstate AssetsContingency FeeTrustee's DutiesAdversary ProceedingsPerformance BondForeclosure
References
24
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