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

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. ADJ7998455
Regular
Sep 10, 2012

BOBBY RIVERA vs. STURGEON & SONS, INC., ZURICH NORTH AMERICA

This case involves clerical errors in a prior Workers' Compensation Appeals Board order denying reconsideration. Specifically, the case number and district office listing in the September 6, 2012 Opinion and Order were incorrect. The Board has issued an order to correct these errors by interlineation on the original document. The corrections involve adding the final "5" to the case number and changing the district office from "Grover Beach" to "San Luis Obispo."

Order Correcting Clerical ErrorsWorkers' Compensation Appeals BoardOpinion and Order Denying ReconsiderationFindings and AwardADJ7998455San Luis Obispo District OfficeGrover Beach District OfficeInterlineations
References
0
Case No. MISSING
Regular Panel Decision

Burkes v. Enlarged City School District of Troy Board of Education

An 11-year teacher's aide, referred to as the petitioner, initiated a CPLR article 78 proceeding to challenge the termination of his employment by the Enlarged City School District of Troy. The termination stemmed from 16 misconduct specifications, including inappropriate physical contact with students and staff, which led to a hearing. The Hearing Officer dismissed four charges but found sufficient evidence for the remaining 12, recommending termination, a decision adopted by the Board of Education. The Court confirmed the determination, finding no due process errors and upholding the dismissal as an appropriate sanction given the pervasive and egregious nature of the petitioner's conduct, particularly towards special education students.

Teacher misconductEmployment terminationCivil Service LawDue process violationAdministrative hearingSufficiency of evidenceJudicial reviewCPLR Article 78School employee disciplineMisconduct specifications
References
5
Case No. MISSING
Regular Panel Decision

Capone v. Patchogue-Medford Union Free School District

The petitioner, an employee of Patchogue-Medford Union Free School District (UFSD), was terminated after two adult students reported sexually explicit conversations and offers of sexual acts from him. The UFSD charged the petitioner with 18 specifications of misconduct under Civil Service Law §75. Following a hearing where 17 charges were sustained, the hearing officer recommended termination, which the UFSD adopted. The petitioner initiated an article 78 proceeding, arguing insufficient notice, lack of substantial evidence, and an excessively severe penalty. The court confirmed the determination, finding the charges adequate, supported by substantial evidence from student testimonies, and that termination was not disproportionate given precedent, despite the petitioner's previously unblemished 19-year record.

Employment terminationSexual misconductAdministrative reviewCivil Service LawSufficiency of evidencePenalty proportionalityArticle 78Due processHearing officer findingsPublic education employee
References
6
Case No. ADJ9258192 (Van Nuys District Office) ADJ1460512 (NOR 0187897) (Los Angeles District Office) ADJ3082172 (MON 0248019) (Marina del Rey District Office)
Regular
Jul 10, 2015

THOMAS SENCZAKIEWICZ vs. BOEING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

In this workers' compensation case, the Applicant Thomas Senczakiewicz sought reconsideration of a decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow further study of the factual and legal issues involved. This means the previous decision is vacated, and the WCAB will review the case further to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB's Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
0
Case No. ADJ1108001
Regular
Dec 13, 2013

ALMA HILL vs. BMCA INSULATION PRODUCTS/GAF BUILDING MATERIALS, AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case concerns a clerical error in the Workers' Compensation Appeals Board's November 21, 2013 Opinion and Order. The original order incorrectly listed the District Office as Santa Barbara when it should have been San Bernardino. The Board has issued an order to correct this error, noting that such corrections can be made at any time without further proceedings. The reconsideration proceedings remain pending.

Workers' Compensation Appeals BoardClerical ErrorPetition for ReconsiderationDistrict OfficeSan BernardinoSanta BarbaraOpinion and OrderSupplemental ProceedingsBMCA Insulation ProductsGAF Building Materials
References
1
Case No. MISSING
Regular Panel Decision

United States v. District Council of New York City

This civil RICO action involves a motion by the government to hold the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America and its president, Peter Thomassen, in contempt of a 1994 consent decree. The central issue is whether collective bargaining agreements (CBAs) enacted in 2001, which modified job referral rules (specifically the "50/50 Rule" and the "Request System"), violated the consent decree by not providing prior notice to the government. The government argued that these changes diluted fair job assignments. The District Council contended that the consent decree's notice requirements did not extend to CBAs and that the changes were made to enhance union contractors' competitiveness. The court denied the government's motion, concluding that while the consent decree's notice provision was broad, it explicitly excluded CBAs from review by court officers, rendering the decree's applicability to future CBAs at best ambiguous and thus not a basis for a contempt finding.

RICO ActionLabor OrganizationConsent DecreeContempt MotionCollective Bargaining AgreementsJob Referral Rules50/50 RuleRequest SystemUnion GovernanceOrganized Crime
References
6
Case No. ADJ11171496; ADJ3047881
Regular
May 19, 2025

DAVID ANTHONY WILSON vs. CITY OF POMONA; ADMINSURE, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board decision addresses a clerical error found in its previous decision from May 15, 2025. The original decision erroneously included Joseph V. Capurro, Commissioner, as a panel member. The current order formally corrects this error by removing Commissioner Capurro's name, without the need for reconsideration. The underlying case involved David Anthony Wilson as the applicant against the City of Pomona, AdminSure, and the City of Los Angeles, with adjudication numbers ADJ11171496 and ADJ3047881, originating from the Pomona District Office. The original May 15, 2025 decision was an Opinion and Order Dismissing Petition For Removal, issued after the petitioner withdrew their request for removal.

Workers' Compensation Appeals BoardClerical Error CorrectionOpinion and OrderPetition for RemovalJoseph V. CapurroCommissionerDavid Anthony WilsonCity of PomonaCity of Los AngelesAdjudication Numbers
References
2
Case No. MISSING
Regular Panel Decision
Apr 10, 2018

Greenaway v. Cnty. of Nassau

This case addresses post-verdict motions following a jury trial where plaintiffs Shuay'b Greenaway, Sharon Knight, and Avery Knight sued the Incorporated Village of Hempstead, County of Nassau, and several police officers for constitutional violations including false imprisonment, excessive force, and unlawful entry. The jury found defendants liable on multiple counts, awarding substantial damages. The District Court largely denied motions for judgment as a matter of law. While upholding most liability findings, the Court granted remittitur for Mr. Greenaway's excessive force award, reducing it to $2.5 million, and for the unlawful entry/trespass claim, reducing it to $10,000. Punitive damages against individual officers were upheld, but awards for gross negligence and failure to intervene were reduced to zero.

Excessive ForceFalse ImprisonmentUnlawful EntryTrespassMunicipal LiabilityPunitive DamagesRule 50(b) MotionRule 59 MotionRemittiturQualified Immunity
References
59
Case No. MISSING
Regular Panel Decision

District 2 Marine Engineers Beneficial Ass'n v. Puerto Rico Marine Management, Inc.

District 2, a marine engineers union, sued Puerto Rico Marine Management, Inc. (PRMMI) to compel arbitration after PRMMI terminated their collective bargaining agreement and discharged union members. PRMMI argued the agreement was terminable at will, while District 2 maintained it was still in effect, terminable only by the union. The court found both interpretations unpersuasive, ruling the agreement's extension implied a reasonable period for good faith negotiations and required reasonable notice for termination. Therefore, the court denied both parties' motions for summary judgment and PRMMI's motion to dismiss, ordering a factual hearing to determine the effectiveness of the termination, while making accrued benefit claims immediately arbitrable.

ArbitrationCollective Bargaining AgreementContract TerminationLabor DisputeSummary JudgmentSubject Matter JurisdictionUnionEmployerGood Faith NegotiationsReasonable Notice
References
6
Showing 1-10 of 5,968 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