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. ADJ514225 (SJO 0135271)
Regular
Sep 02, 2009

PIERRE PALENGAT vs. THE TOWN OF HILLSBOROUGH

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award granting further medical treatment, including supervised water therapy and a gym membership, to the applicant. The Board found that the defendant's counsel made false and misleading statements under penalty of perjury in the petition regarding the applicant's failure to object to a prior utilization review denial. Consequently, the Board removed the case for the purpose of imposing a $750 sanction on the defendant's counsel for these bad-faith tactics.

Agreed medical evaluatorUtilization reviewLabor Code section 4062Petition for reconsiderationVerified answerExpedited hearingRemovalAppeals Board Rule 10561Section 5813Bad-faith actions
References
0
Case No. ADJ7628834
Regular
Apr 28, 2014

DAVID GUINDON vs. ROBERTSON'S READY MIX

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their arguments regarding industrial injury stipulations and utilization review objections to be factually inaccurate and misleading. The WCAB also granted removal on its own motion to announce its intention to sanction the defendant's counsel, Corey A. Ingber and Ingber & Weinberg, LLP, for presenting a petition with substantial misrepresentations and frivolous arguments. The WCAB found the administrative law judge's award of a Sleep Number adjustable bed to be equitable and legally correct, noting the defendant's delaying tactics. Sanctions will be imposed unless counsel shows good cause otherwise.

WCABReconsiderationRemovalSanctionsLabor Code Section 4062Utilization ReviewStipulationMedical NecessityNurse Case ManagerPrimary Treating Physician
References
4
Case No. MISSING
Regular Panel Decision

People v. Lubanski

Defendant was convicted of first-degree sodomy after a guilty plea, following the denial of his suppression motion. The police continued questioning the defendant even after he stated he had consulted three lawyers and could not afford legal representation. He subsequently signed a written confession. The suppression court initially denied his motion, reasoning that he was not in custody or did not unequivocally request counsel. However, the higher court reversed this decision, asserting that the defendant's statements sufficiently invoked his right to counsel, and all subsequent questioning should have ceased. The court emphasized that the right to counsel applies whether a person is in custody or not, protecting against incriminating statements from interrogation.

Right to CounselMiranda WarningsSuppression MotionCustodial InterrogationWaiver of RightsFirst Degree SodomyCriminal ProcedureFifth AmendmentAssertion of RightsPolice Questioning
References
12
Case No. MISSING
Regular Panel Decision

Nelson Electrical Contracting Corp. v. Transcontinental Insurance

Plaintiff, an electrical contractor, faced lawsuits from Pyramid Company related to worker injuries, including claims for indemnification and contribution (covered by insurance) and breach of contract for failing to name Pyramid as an additional insured (uncovered). The defendant insurer acknowledged a conflict of interest and permitted the plaintiff to select independent counsel. Plaintiff's counsel made a tactical decision not to oppose Pyramid's motion for summary judgment on indemnification, aiming to protect the plaintiff from greater liability on the uncovered claim, despite potentially adverse effects on the defendant's interests regarding covered claims. Consequently, the defendant disclaimed coverage, citing non-cooperation. The appellate court affirmed the decision, ruling that an insured's independent counsel, acting in the insured's paramount interest during a conflict with the insurer, can make such tactical decisions without breaching cooperation clauses or assuming obligations.

conflict of interestindependent counselinsurance coverageduty to defendindemnificationbreach of contracttactical litigation decisionsinsurer's good faithinsured's rightsprofessional responsibility
References
4
Case No. 2017 NY Slip Op 07909 [155 AD3d 1208]
Regular Panel Decision
Nov 09, 2017

NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc.

Plaintiff, a self-insured trust, commenced a collection action against defendant, a former member, for unpaid assessments related to workers' compensation claims. Defendant counterclaimed and filed a third-party action against Cool Insuring Agency, the trust's administrators, alleging mismanagement. During discovery, a dispute arose over a report commissioned by defendant's counsel from a consultant, which Cool and plaintiff sought to compel. Defendant asserted attorney-client privilege, attorney work product, and material prepared in anticipation of litigation. The Supreme Court partially granted the motions to compel, a decision largely affirmed by the Appellate Division, Third Department, with a modification regarding a specific email exchange found to be protected attorney work product.

Discovery DisputeAttorney-Client PrivilegeAttorney Work ProductMaterial Prepared for LitigationSelf-Insurance TrustWorkers' Compensation BenefitsBreach of ContractUnjust EnrichmentThird-Party ActionClaims Administration
References
20
Case No. MISSING
Regular Panel Decision
Jun 15, 1987

People v. Lawton

The Supreme Court, Bronx County, affirmed a judgment convicting the defendant of attempted murder in the second degree, sentencing him to 3 to 9 years. The conviction stemmed from a brutal hammer attack on his ex-girlfriend in her apartment. The victim and a neighbor identified the defendant. The defendant appealed, alleging ineffective assistance of trial counsel for failing to make a CPL 440.10 motion to vacate, and a suppression motion. The court found no merit to the ineffective assistance claim, noting that the defendant lacked an expectation of privacy in the victim's apartment and that the evidence in question was found by a private citizen, not implicating Fourth Amendment concerns. Furthermore, counsel's actions regarding the hammer and summation were part of a trial strategy, and an alibi defense was attempted.

Attempted MurderIneffective Assistance of CounselSuppression MotionAlibi DefenseCriminal LawIdentificationAppellate Review
References
7
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
18
Case No. MISSING
Regular Panel Decision

Ziske v. Luskin

In this medical malpractice action, the defendant sought to discover and inspect records pertaining to the plaintiffs' marriage counseling held by Reverend Dr. Thomas Morrow. The plaintiffs resisted, asserting clergyman-penitent privilege under CPLR 4505, arguing that their marital relationship suffered substantially due to the defendant's alleged malpractice. The court determined that by alleging damage to their marital relationship in their bill of particulars, the plaintiffs implicitly waived their privilege regarding communications with Reverend Morrow solely concerning their marital problems. Consequently, the motion was granted to the extent that the defendants could subpoena Reverend Morrow's records related to marriage counseling for in camera inspection by the court. Alternatively, the plaintiffs could strike references to marital damage from their pleadings.

Clergyman-Penitent PrivilegeCPLR 4505Waiver of PrivilegeMedical MalpracticeMarriage Counseling RecordsIn Camera InspectionDiscovery DisputeBill of ParticularsMarital Relationship DamagesConfidential Communications
References
3
Case No. MISSING
Regular Panel Decision

People v. Brennan

This case is an appeal from a judgment convicting the defendant of filing a false instrument in the first degree, stemming from false answers given to the Broome County Office of Risk and Insurance regarding workers' compensation benefits for a back injury. The defendant appealed on several grounds including denial of speedy trial, insufficient evidence to establish intent to defraud, alleged irregularities in grand jury proceedings, an improper Sandoval ruling concerning prior convictions, and ineffective assistance of counsel. The court affirmed the judgment, rejecting all of the defendant's claims. It found the speedy trial argument unpersuasive, confirmed that a rational jury could conclude intent to defraud, stated grand jury challenges were foreclosed by conviction, and deemed the Sandoval ruling and counsel's assistance effective. Furthermore, arguments for dismissal in the interest of justice and juror discharge were not preserved for review.

False InstrumentSpeedy TrialWorkers' Compensation BenefitsIntent to DefraudGrand Jury ProceedingsSandoval RulingEffective Assistance of CounselAppellate ReviewCredibilityCriminal Conviction
References
21
Case No. MISSING
Regular Panel Decision

Majekodunmi v. Majekodunmi

The parties, married in Nigeria in 1971, commenced divorce proceedings in August 2000. Plaintiff was awarded maintenance of $420 per month until February 2004 and $2,000 in counsel fees, while defendant's request for child support for their daughter Adetoro was denied. On appeal, the court affirmed the maintenance duration and counsel fees, citing the parties' frugal pre-divorce lifestyle and plaintiff's spending habits. However, the court found an abuse of discretion in denying child support, directing plaintiff to pay $32.24 weekly, emphasizing that obligations are based on ability to provide support, not just current financial condition.

DivorceMaintenanceChild SupportCounsel FeesAppellate DecisionMarital Standard of LivingEarning CapacityFinancial ConditionSpousal SupportSchenectady County
References
7
Showing 1-10 of 16,219 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