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
Nov 02, 2015

In re Emmanuel J.

This case involves an appeal from a Family Court order in Fulton County, which adjudicated six children (Maximus K., Arianna K., Sophia K., Emmanuel J., Phoenix J., and Eva K.) to be neglected by their father, the respondent. The petitioner initially removed the children due to deplorable home conditions, and despite their return, filed new petitions citing persistent unsafe conditions and the father's failure to address Sophia's severe respiratory distress. The appellate court affirmed the Family Court's findings of neglect, concluding there was a sound and substantial basis to support neglect findings related to Phoenix's chronic poor hygiene and Sophia's unaddressed life-threatening medical needs. Additionally, the court upheld the dispositional order to continue the children's placement with the petitioner, citing the home's continued uninhabitable state. The respondent's arguments regarding the attorney for the children were also found to be unpreserved or without merit.

Child NeglectFamily Court Act Article 10Appellate ReviewSufficiency of EvidencePhysical NeglectEmotional NeglectParental CareMinimum Degree of CareBest Interests of ChildrenAttorney for the Children
References
25
Case No. ADJ9103955
Regular
Aug 25, 2014

EMMANUEL BRISENO vs. CALTRANS, Permissibly Self-Insured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation appeal where the defendant, Caltrans, sought reconsideration of an award of temporary disability benefits. Caltrans argued the award should credit benefits already paid by the Employment Development Department (EDD) to prevent double recovery. The Appeals Board granted reconsideration, agreeing that the award needed adjustment for the EDD's potential lien. Consequently, the Board amended the award to require the parties to adjust the benefit amount, taking into account the EDD's potential lien interest.

Workers' Compensation Appeals BoardADJ9103955Emmanuel BrisenoCALTRANSPermissibly Self-InsuredState Compensation Insurance FundTemporary Disability IndemnityEmployment Development Department (EDD)EDD LienDouble Recovery
References
0
Case No. MISSING
Regular Panel Decision
Apr 24, 2014

Hackert v. Emmanuel Congregational United Church of Christ

Carl Hackert, an organ installer, sustained serious injuries after falling through an uncovered hole at a church construction site in St. Lawrence County. Hackert and his spouse commenced a Labor Law action against the general contractor, Rivercrest Enterprises, Inc., and the church, Emmanuel Congregational Church of Christ. Rivercrest impleaded Clyde Wilson, its supervisor, who then initiated a fourth-party action against Rivercrest's insurer, Eric Insurance Company, seeking defense and indemnification. Various parties moved for summary judgment concerning common-law indemnification and Wilson's employment status, which was disputed as either an employee or independent contractor. The Supreme Court denied these motions, finding questions of fact regarding Wilson's employment status and the negligence of involved parties, and also granted Wilson leave to amend his answer. The appellate court affirmed the Supreme Court's order, concluding that factual disputes precluded summary judgment for any party on the issues of indemnification and Wilson's employment status and insurance coverage.

Construction accidentpersonal injuryLabor Lawindemnificationsummary judgmentindependent contractoremployee statusvicarious liabilitygeneral contractorpremises liability
References
3
Case No. ADJ1383349
Regular
Mar 01, 2011

EMMANUEL HARO vs. PYRAMID TILE, REDWOOD FIRE & CASUALTY COMPANY

This case involves applicant Emmanuel Haro's petition for reconsideration of a workers' compensation award based on stipulations. The Board is dismissing the petition because it was not properly served on the defendant and their attorney. Additionally, the petition is deemed "skeletal" as it lacks specific factual and legal arguments with record references. Even if these procedural defects were overlooked, the petition would be denied on the merits because applicant voluntarily agreed to the stipulations with his attorney's assistance, and there is no good cause to withdraw from that agreement.

Petition for ReconsiderationStipulations with Request for Awardindustrial injuryback injurytile laborertemporary disabilitypermanent disabilityAMEDisability Evaluation Unitskeletal petition
References
1
Case No. MISSING
Regular Panel Decision

Peguero v. 601 Realty Corp.

Plaintiffs Ishmel and Emmanuel Peguero, brothers, sued 601 Realty Corp. and Jeffrey Farkas for lead paint exposure injuries sustained in their apartment. An amended judgment from Supreme Court, New York County, initially apportioned fault and awarded damages. The Appellate Division modified this judgment, vacating the personal liability imposed on defendant Jeffrey Farkas and remanding for a new trial on his liability. Additionally, the awards for future pain and suffering for both plaintiffs were vacated and remanded for a new trial on damages, contingent on whether plaintiffs stipulate to accept reduced awards. The judgment was otherwise affirmed. A dissenting opinion argued for the outright dismissal of the complaint against Jeffrey Farkas, contending that the trial record lacked sufficient legal grounds to hold him personally liable.

Lead Paint LiabilityCorporate Officer LiabilityPersonal InjuryNegligencePremises LiabilityAppellate ReviewJury VerdictDamagesFuture Pain and SufferingRemand
References
35
Case No. MISSING
Regular Panel Decision

In re Tynetta Q. T.

The case involves former adoptive parents, Emmanuel and Linda, who sought to vacate a January 3, 1991, ex parte order dismissing their adoption proceeding. They returned the child to New York, citing "morally offensive" legal fees for the natural parents' attorney, which they initially refused to pay. The court, without notice, dismissed the adoption, transferred custody to the Department of Social Services (DSS), and referred the matter to Family Court. DSS subsequently placed the child with another family. Petitioners challenged the court's actions, arguing lack of notice and proper procedure. The court denied their motion, affirming its original decision and emphasizing the child's best interests given the irreversible consequences of the petitioners' actions and subsequent delays in seeking judicial relief.

Adoption LawChild CustodyParental RightsJudicial DiscretionProcedural Due ProcessSocial Services LawDomestic Relations LawFamily CourtSurrogate's CourtMotion to Vacate
References
7
Case No. MISSING
Regular Panel Decision

Claim of Kondylis v. Alatis Interiors Co.

Claimant, a painter, was injured in June 2008 and his workers' compensation claim was established for back and left knee injuries. After his death from unrelated causes in July 2009, his attorney sought to amend the claim for neck and right shoulder injuries, submitting a report from treating physician Emmanuel Lambrakis, who found a 60% schedule loss of use for the right shoulder and left knee. A WCLJ granted a posthumous schedule loss of use award, but the Workers’ Compensation Board rescinded it and later reversed the WCLJ's reinstatement, finding Lambrakis's report lacked specific guidelines or clinical findings. The appellate court affirmed the Board's decision, concluding that the medical evidence failed to demonstrate maximum medical improvement, noting continuing pain and need for treatment, and that Lambrakis's report was conclusory.

Schedule Loss of UseWorkers' Compensation BenefitsPosthumous AwardTreating Physician ReportMedical Evidence SufficiencyMaximum Medical ImprovementAppellate ReviewWorkers' Compensation Board DecisionCross-Examination WaiverCPLR Procedure
References
12
Showing 1-7 of 7 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