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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. MISSING
Regular Panel Decision

Washington Heights-West Harlem-Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This case involves a dispute between District 1199, National Union of Hospital and Health Care Employees, and Washington Heights-West Harlem-Inwood Mental Health Council, Inc. The union sought to enforce an arbitration award requiring the Council to rehire and provide back pay to an employee, Edward Lane. The Council cross-moved to vacate the award, arguing that no valid collective bargaining agreement with an arbitration clause existed between the parties. Although the parties had acted under the terms of a proposed agreement for a period, including processing some grievances and wage increases, no formal, signed contract had ever been executed. Citing recent appellate court decisions emphasizing contract formalism over implied intent, the District Court granted the Council's motion to vacate the arbitration award and denied the union's motion to enforce it, concluding that without a signed agreement, there was no contractual duty to arbitrate.

Arbitration AwardSummary JudgmentContract FormationCollective BargainingLabor DisputeContract FormalismVacation of AwardEnforcement of AwardMeeting of the MindsFederal Court
References
23
Case No. MISSING
Regular Panel Decision

Castro v. Salem Truck Leasing, Inc.

The defendants, Salem Truck Leasing, Inc., and Jose E. Cofresi, appealed an order denying their motion for summary judgment in a personal injury action. The plaintiff was a passenger in a truck operated by Cofresi and owned by Salem, and both were co-employees involved in an accident during their employment. The appeals court modified the order, granting summary judgment dismissing the complaint against Cofresi, citing Workers' Compensation Law co-employee immunity. However, the court affirmed the denial of summary judgment for Salem Truck Leasing, Inc., as a triable issue of fact existed regarding Salem's alleged independent negligence in maintaining the truck.

Personal InjurySummary JudgmentWorkers' Compensation LawCo-employee ImmunityVehicle AccidentTruck LeasingNegligenceAppellate ReviewMotion PracticeKings County
References
4
Case No. MISSING
Regular Panel Decision
Apr 21, 2011

County of Rockland v. Civil Service Employee Ass'n

The County of Rockland initiated a proceeding under CPLR article 75 to permanently stay arbitration sought by the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO. The grievances arose from the County's alleged violation of a collective bargaining agreement by assigning per diem employees instead of regular full- and part-time staff. The Supreme Court granted the County's petition, permanently staying the arbitration. However, the appellate court reversed this decision, denying the petition and dismissing the proceeding. The court found no statutory, constitutional, or public policy prohibition against arbitration of the grievances and determined that the parties' collective bargaining agreement covered the specific dispute. Furthermore, the issue of the timeliness of the arbitration demands was deemed to be a matter for the arbitrator to decide.

arbitrationcollective bargaining agreementCPLR article 75grievancepublic sectorPERBCivil Service Lawemployer practicesappellate reviewlabour law
References
7
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Wells Fargo Armored Service Corp. & Office & Professional Employees International Union, Local No. 153

This case concerns an appeal by Office and Professional Employees International Union, Local No. 153, against Wells Fargo, seeking to compel arbitration after Wells Fargo discharged an employee. The dispute arose when Wells Fargo refused arbitration, citing the union's alleged non-compliance with preliminary grievance steps, which Special Term deemed a condition precedent to arbitration. The appellate court reversed this decision. It clarified that in labor-management agreements, unlike commercial arbitrations, compliance with grievance procedures constitutes procedural arbitrability, a matter for the arbitrator, not the court, to decide. Citing Federal law and the specific language of the collective bargaining agreement, the court denied Wells Fargo's request for a permanent stay and granted the union's motion to compel arbitration.

ArbitrationLabor DisputeCollective Bargaining AgreementProcedural ArbitrabilityConditions PrecedentFederal LawGrievance ProcedureStay of ArbitrationCompel ArbitrationUnion
References
7
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. MISSING
Regular Panel Decision

Western Regional Off-Track Betting Corp. v. Service Employees International Union

Plaintiff Western Regional Off-Track Betting Corporation (OTB) moved for summary judgment, seeking to define its job security obligations, declare defendant's interference with 'interface' illegal, and obtain a permanent injunction. Defendant Service Employees International Union, AFL-CIO, Local 235 (Local 235) cross-moved for summary judgment, requesting dismissal of the complaint and an order compelling OTB to negotiate a job security agreement. The central issue revolved around whether the Off-Track Pari-Mutuel Betting Law allowed OTB to unilaterally establish job security provisions or mandated bilateral negotiation with the union. The court concluded that legislative intent and regulations (9 NYCRR 5203.5) required bilaterally negotiated agreements. Consequently, the court denied OTB's motion and granted Local 235's cross-motion, ordering OTB to negotiate a job security agreement.

Job SecurityOff-Track Betting LawPari-Mutuel BettingCollective BargainingSummary JudgmentUnion RightsStatutory InterpretationRacing and Wagering BoardLabor DisputeNegotiated Agreements
References
11
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