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. 2014 NY Slip Op 04883 [119 AD3d 494]
Regular Panel Decision
Jul 02, 2014

Ahmed v. New York City Housing Authority

The case concerns Riaz Ahmed's personal injury claim against the New York City Housing Authority. Ahmed initially filed a notice of claim alleging injuries from a sidewalk defect. The Housing Authority moved to dismiss due to an inadequate notice, prompting Ahmed to cross-move to amend the notice to reflect a ladder fall during work as a contractor and add Labor Law claims. The Supreme Court granted the amendment and denied dismissal. However, the Appellate Division reversed, ruling that the proposed amendments were substantive changes to facts and legal theories, not mere technical corrections, thereby prejudicing the Housing Authority's ability to investigate. The court also found the original notice of claim inadequate for failing to provide sufficient detail for prompt investigation, leading to the dismissal of the complaint against the Housing Authority.

Notice of ClaimAmendment of ClaimPersonal InjurySidewalk DefectLadder FallLabor Law ClaimsSubstantive ChangesTechnical MistakesPrejudiceSufficiency of Notice
References
9
Case No. 2021 NY Slip Op 04471 [196 AD3d 1182]
Regular Panel Decision
Jul 16, 2021

Omar v. Moore

Plaintiff Nasir Muzaid Omar brought an action against Michael Moore, II, and Sadeq Ahmed, alleging breach of contract, negligence, and unjust enrichment stemming from unsatisfactory construction work. Following a prior appeal where the unjust enrichment claim against Ahmed survived, and the discontinuance of the action against Moore, Ahmed moved for summary judgment to dismiss the sole remaining unjust enrichment cause of action. The Supreme Court granted Ahmed's motion. On appeal, the Appellate Division, Fourth Department, reversed the judgment, denied Ahmed's motion for summary judgment, and reinstated the unjust enrichment cause of action, finding Ahmed failed to meet his prima facie burden.

Summary judgmentUnjust enrichmentBreach of contractNegligenceConstruction disputeAppellate reviewPrima facie showingFraudulent inducementQuasi-contractMotion practice
References
17
Case No. ADJ2211265 (AHM 0083473) ADJ4072860 (AHM 0083472)
Regular
May 06, 2011

Darlyn Piper vs. DANKA OFFICE IMAGING, ZURICH NORTH AMERICA, LIBERTY MUTUAL INSURANCE CO.

This case concerns applicant Darlyn Piper's appeal of a permanent disability award for injuries sustained while employed by Danka Office Imaging. Applicant argues for total permanent disability, challenging the WCJ's reliance on Dr. Marinow's apportionment and deposition testimony. The Appeals Board granted reconsideration because the WCJ failed to address the admissibility of Dr. Marinow's deposition testimony. The case is therefore remanded for the WCJ to determine the deposition's admissibility and weight before issuing a new decision.

Darlyn PiperDanka Office ImagingZurich North AmericaLiberty Mutual Insurance Co.permanent disabilitytotal permanent disabilityvocational rehabilitationDr. Marinowapportionmentnon-industrial factors
References
0
Case No. ADJ4416816 (AHM 0140718); ADJ3554653 (AHM 014719)
Regular
Sep 22, 2010

MARK ROGERS vs. ALL ABOUT FLOORS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY and STATE COMPENSATION INSURANCE FUND; BARRETT BUSINESS SERVICES A.K.A WESTERN FLOORING INSTALLATIONS, PSI

This case involves Mark Rogers' claim for workers' compensation benefits for back injuries sustained while employed by All About Floors, Inc. and Barrett Business Services. The applicant alleged cumulative trauma injury, but medical evidence from Dr. Einbund was inconsistent. Despite Dr. Einbund's initial uncertainty and later inability to state with reasonable medical certainty that a cumulative trauma injury occurred, the Workers' Compensation Appeals Board (WCAB) denied reconsideration. The WCAB adopted the WCJ's report, which found the applicant's testimony credible and supported by medical reports, thus deeming the medical opinion substantial evidence to uphold the findings of fact.

WCABReconsideration DeniedPetition for ReconsiderationCumulative Trauma InjuryMedical EvidenceCausation of InjuryDeposition TestimonyApplicant TestimonyJob DutiesSubstantial Medical Evidence
References
0
Case No. ADJ3543065 (AHM 0145064)
Regular
Jan 18, 2011

RAMON MARTINEZ vs. JUICE HARVEST CORP., PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the disallowance of Dr. Vazquez's lien. The Board agreed with the administrative law judge that there was insufficient evidence Dr. Vazquez provided medically necessary treatment to the applicant. Furthermore, as a secondary treating physician, Dr. Vazquez lacked the authority to provide treatment beyond the initial course recommended by the primary treating physician, Dr. Aun. The Board found that treatment provided outside Dr. Aun's authorization was not compensable.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderCompromise and ReleaseMachine OperatorIndustrial InjuryRight ShoulderRight ElbowRight Hand
References
0
Case No. MISSING
Regular Panel Decision
Sep 29, 1999

Faele v. New York City Health & Hospitals Corp.

Plaintiff Rosemary Faele, a nurse at Coney Island Hospital, sustained an eye irritation and received brief examinations from defendants Dr. Barry Eppinger and Dr. An-nan Das in the hospital's emergency room. Her condition worsened, and she was later diagnosed with a severe eye infection by a private ophthalmologist. Though compensated via Workers' Compensation, Faele and her husband initiated a medical malpractice action against the doctors and the New York City Health and Hospitals Corporation. The Supreme Court dismissed the complaint by granting summary judgment to the defendants. The appellate court affirmed this decision, ruling that a sufficient nexus existed between Faele's employment and the alleged malpractice, thereby precluding a common-law malpractice claim and limiting her recourse to Workers' Compensation.

Medical MalpracticeWorkers' Compensation PreclusionSummary Judgment AffirmationEmployment-Related InjuryHospital LiabilityEmergency Medical TreatmentAppellate Division DecisionPersonal InjuryDoctor-Patient NexusConey Island Hospital
References
4
Case No. ADJ704934 (AHM 0086088)
Regular
Mar 15, 2010

DEBORAH RICHARDSON vs. HELPMATES STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By CAMBRIDGE For LEGION INSURANCE COMPANY, In Liquidation, NUTRILITE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) imposed a $500 sanction on lien claimant Dr. Thomas Curtis. Dr. Curtis filed an untimely and frivolous Petition for Reconsideration of an Order Approving Compromise and Release (OACR) that did not address his lien. The WCAB found that Dr. Curtis was neither aggrieved by the OACR nor was it a final order as to him, making his petition indisputably without merit and a bad-faith tactic. His attempt to justify the filing as premature rather than untimely lacked a reasonable basis and did not excuse the sanctions.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code Section 5813Board Rule 10561Bad Faith ConductFrivolous PetitionUntimely FilingPetition for ReconsiderationOrder Approving Compromise and Release
References
5
Case No. MISSING
Regular Panel Decision

Ahmed v. Immigration & Naturalization Service

Kalim Ahmed filed a lawsuit against the INS in February 1993, requesting a writ of mandamus to compel the issuance of a work authorization card, claiming he had applied for temporary resident status as a Special Agricultural Worker. The INS moved to dismiss the complaint, citing lack of jurisdiction under Fed.R.Civ.P. 12(b)(1) and failure to prosecute under Fed.R.Civ.P. 41(b), noting Ahmed's non-responsiveness to discovery requests and the motion itself. The Court granted the defendant's motion, concluding that Ahmed failed to demonstrate a clear right to the requested relief, thus lacking mandamus jurisdiction. Additionally, the Court found sufficient grounds to dismiss the case with prejudice due to Ahmed's prolonged and extensive inactivity, constituting a failure to prosecute his claim diligently.

MandamusJurisdictionFailure to ProsecuteImmigration LawWork AuthorizationTemporary Resident StatusSpecial Agricultural Worker ProgramFederal Rules of Civil ProcedureDismissalJudicial Discretion
References
19
Case No. MISSING
Regular Panel Decision

Johnson v. New York Hospital

Plaintiff, a registered nurse, filed an action under Section 504 of the Rehabilitation Act against The New York Hospital, its President Dr. David Skinner, and Assistant Director of Nursing Mr. Jody Sklar, alleging unlawful employment termination due to an alcoholism relapse. The plaintiff objected to a protective order preventing Dr. Skinner's deposition, while defendants sought to dismiss claims against individual defendants. The court granted dismissal against Mr. Sklar but denied it for Dr. Skinner, finding that individuals responsible for discriminatory decisions can be liable under the Act, especially those in positions to accept federal funds. Consequently, the protective order against deposing Dr. Skinner was set aside.

Rehabilitation Actemployment discriminationdisability rightsalcoholismindividual liabilitycorporate responsibilityprotective orderdiscoverymotion to dismiss
References
9
Case No. AHM 0118044
Regular
Aug 04, 2008

LUCY IBRAHIM vs. SHERWOOD MANAGEMENT COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision to disallow part of a lien filed by Dr. J. Carlos Vasquez. The Board found the reasonable value of Dr. Vasquez's services to be in accordance with Labor Code section 4504.5(d)(1) and the Official Medical Fee Schedule, with the remaining balance of the lien disallowed. The original decision was otherwise affirmed.

Workers' Compensation Appeals BoardReconsiderationAmended DecisionLienLabor Code section 4504.5(d)(1)Official Medical Fee SchedulePhysical TherapyExaminationsX-raysInclinometer range of motion
References
0
Showing 1-10 of 1,700 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