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

Claim of Cedeno v. Pacoa

The Workers' Compensation Board assessed a $500 monetary penalty against claimant's counsel for an unsubstantiated request to change the hearing venue from Queens/Nassau to White Plains, Westchester County. The Workers’ Compensation Law Judge initially assessed $250. The appellate court affirmed the Board's decision, finding ample support for the assessment under Workers’ Compensation Law § 114-a (3) (ii). The court ruled that the Board had authority to increase the penalty and overlooked a procedural defect regarding who filed the appeal, treating it as filed by counsel.

Workers' CompensationVenue ChangeCounsel FeesMonetary PenaltyAppellate ReviewBoard DecisionProcedural MotionUnpreserved ArgumentSubstantial EvidenceJudicial Authority
References
5
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. MISSING
Regular Panel Decision

Bernard v. Local 100, Transport Workers Union

The plaintiffs, Carlyle Bernard and John Simino, members of Local 100, Transport Workers Union of America, sought a preliminary injunction to prevent their union from barring Bernard's candidacy for Recording Secretary. Bernard was disqualified due to a union bylaw requiring minimum meeting attendance, which he could not meet due to his work schedule. The plaintiffs argued that this rule was an unreasonable restriction on candidate eligibility under Title I of the LMRDA, thereby denying members equal rights to nominate and vote. The Court denied the preliminary injunction, stating that the plaintiffs failed to show irreparable harm or a likelihood of success on the merits. The decision highlighted that Title I primarily addresses direct discrimination in voting rights, not challenges to uniformly applied eligibility requirements, which are typically governed by Title IV's post-election enforcement by the Secretary of Labor. The Court also suggested the plaintiffs exhaust internal union remedies.

Union ElectionsLMRDA Title ILMRDA Title IVCandidate EligibilityMeeting Attendance RulesPreliminary InjunctionEqual RightsUnion BylawsInternal Union RemediesJudicial Review
References
22
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Union-Endicott Central School District & Union-Endicott Maintenance Workers' Ass'n ex rel. Kolmel

Petitioner Peters appealed a Supreme Court order denying a stay of arbitration between Peters and the Union-Endicott Maintenance Workers’ Association, and George Kolmel. Kolmel, a maintenance worker, had resigned but was subsequently terminated after allegations of a sex offense. The Union filed a grievance asserting a violation of the collective bargaining agreement regarding retirement health benefits, arguing Kolmel met the eligibility requirements despite his termination. The Supreme Court compelled arbitration, a decision affirmed by the appellate court. The court ruled that arbitration of postemployment health benefits is permissible, not against public policy, and falls within the broad arbitration clause of the CBA, regardless of the employee's termination for misconduct.

Arbitration DisputeCollective Bargaining AgreementRetirement Health BenefitsEmployee DismissalMisconduct AllegationsPublic Policy ProhibitionArbitrabilityPostemployment BenefitsAppellate AffirmationLabor Law
References
14
Case No. MISSING
Regular Panel Decision

Banton v. New York City Department of Corrections

Claimant's counsel filed a claim for workers' compensation benefits after the claimant was injured. Counsel sought a change of venue, citing a purported "Board Rule 10.01 (1) (c)" which the Workers’ Compensation Board found to be non-existent. The Workers’ Compensation Law Judge denied the request and assessed penalties against counsel under Workers’ Compensation Law § 114-a (3) (i) and (ii). On administrative appeal, the Board rescinded the penalty under § 114-a (3) (i) but increased the penalty under § 114-a (3) (ii) due to the appeal lacking reasonable basis. The court affirmed the Board's decision, noting that counsel had been previously warned about citing the inaccurate "Board Rule" and that clarification on venue application rules was available before the administrative appeal was filed.

Attorney MisconductVenue ChangeMonetary PenaltyWorkers' Compensation BoardAdministrative AppealSubstantial EvidenceLegal TreatiseProcedural MotionUnreasonable GroundsAppellate Review
References
5
Case No. MISSING
Regular Panel Decision

Claim of Seo v. UTOG 2-Way Radio, Inc.

The claimant, a limousine driver for UTOG 2-Way Radio, Inc., was injured in an automobile accident while driving home from work. Initially, a Workers’ Compensation Law Judge (WCLJ) denied benefits, ruling the injuries did not arise from employment. Eagle Insurance Company, the no-fault carrier, appealed to the Workers’ Compensation Board, which initially reversed the WCLJ, deeming the claimant an 'outside worker' eligible for 'portal to portal' coverage. UTOG appealed this reversal, but the full Board rescinded the decision and referred it back. Upon reconsideration, the Board panel determined that Eagle lacked standing as it was not a party in interest under Workers’ Compensation Law § 23 and affirmed the WCLJ's denial of benefits. Eagle then appealed to the Appellate Division, which reversed the Board's decision, citing prior cases, and remitted the matter for further proceedings.

Automobile AccidentLimousine DriverWorkers' Compensation BenefitsStanding to AppealNo-Fault Insurance CarrierOutside WorkerPortal to Portal CoverageAppellate ReviewBoard ReconsiderationRemittal
References
2
Case No. MISSING
Regular Panel Decision

Pasqualini v. Sheet Metal Workers' National Pension Fund

This case involves principals of Zodiac Industries, Inc. (Carl, Ann, Frank Pasqualini, and Sarah Lido) who sued the Sheet Metal Workers’ National Pension Fund, the International, and Local 38 over pension service credits. The plaintiffs sought fifteen years of past service credit, which they claimed was promised to them to induce Zodiac to sign a collective bargaining agreement (CBA). The Fund denied these credits, citing plan rules. The Court, however, found that 'extraordinary circumstances' warranted applying the principle of estoppel against the Fund. The court ruled in favor of the four owner-members, declaring them entitled to fifteen years of past service credit and ordering the Fund to reconsider their pension applications. Claims brought by other employees and against the Sheet Metal Workers’ International Association and Local 38 were dismissed.

ERISAPension BenefitsPast Service CreditEstoppelCollective Bargaining AgreementUnion OrganizingContract EnforcementEmployee Benefit PlanFiduciary DutyDistrict Court
References
12
Case No. MISSING
Regular Panel Decision

Claim of Jones v. Lumber

Claimant appealed a Workers’ Compensation Board decision denying further compensation under Workers’ Compensation Law § 15 (3) (v) after he turned 62, arguing he should be entitled to full old-age benefits at 65. The Board interpreted "entitled to receive" as "eligible to receive" Social Security old-age benefits, which begins at age 62, thus terminating additional compensation. The appellate court affirmed the Board's decision, agreeing that eligibility for partial old-age benefits at 62 ceases workers' compensation under the statute, regardless of receiving disability benefits or delaying full old-age benefits.

Workers' Compensation BenefitsPermanent Partial DisabilitySocial Security BenefitsOld-Age BenefitsBenefit EligibilityStatutory InterpretationAppellate ReviewCompensation TerminationMinimum Retirement AgeNew York Workers' Compensation Law
References
7
Case No. 2018 NY Slip Op 08227
Regular Panel Decision
Nov 29, 2018

Matter of Kelly v. New York State Workers' Compensation Bd.

In 2006, claimant Grace Kelly established a workers' compensation claim for an occupational disease. The State Insurance Fund (SIF) repeatedly sought to transfer liability to the Special Fund for Reopened Cases, which was denied by Workers' Compensation Law Judges. The Workers' Compensation Board affirmed these denials and assessed $500 penalties against both SIF and its counsel, Walsh and Hacker, for filing an application for review without reasonable grounds. Walsh and Hacker appealed the penalty imposed against them to the Appellate Division, Third Department. The Appellate Division found insufficient evidence to support the Board's finding that Walsh and Hacker's application lacked reasonable grounds, and therefore reversed the penalty against them, modifying and affirming the Board's decision.

PenaltiesAppellate ReviewSpecial Fund for Reopened CasesWorkers' Compensation Law § 25-aWorkers' Compensation Law § 114-aAttorney SanctionsAdministrative LawBoard DecisionJudiciary Law § 431
References
4
Case No. MISSING
Regular Panel Decision

In re the Claim of Di Ponzio

The claimant was employed until June 20, 1993. On December 10, 1994, the U.S. Department of Labor issued a certificate making workers impacted by X-ray film imports eligible for trade readjustment allowances under the Trade Act of 1974. However, eligibility was specifically limited to workers separated from employment on or after July 11, 1993. The Board denied the claimant's request for an allowance because his separation date preceded this eligibility cutoff. The court affirmed the Board's decision, finding it to be supported by substantial evidence.

Trade Readjustment AllowancesEligibility CriteriaEmployment Separation DateTrade Act of 1974U.S. Department of LaborImport ImpactX-ray Film IndustryBoard DecisionSubstantial EvidenceAffirmed Decision
References
1
Showing 1-10 of 22,833 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