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. 163 AD3d 1496
Regular Panel Decision
Jul 25, 2018

Provens v. Ben-Fall Dev., LLC

Plaintiff John O. Provens sustained injuries after falling from a roof on which he had been working, allegedly due to detached "toe boards." Plaintiffs commenced an action under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court denied plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) and partially granted defendant David Alen Sattora's cross-motion, dismissing the Labor Law § 241 (6) claim against him. On appeal, the Appellate Division, Fourth Department, unanimously modified the order. The Appellate Division granted plaintiffs' motion for partial summary judgment on Labor Law § 240 (1) liability, finding the failure of the safety device was a violation as a matter of law. It also reinstated the Labor Law § 241 (6) cause of action against Sattora, asserting plaintiffs had standing and Sattora failed to establish prima facie entitlement to dismissal. Furthermore, the court granted Sattora's cross-motion to dismiss the Ben-Fall defendants' cross claims for common-law and contractual indemnification, concluding Sattora was not actively negligent for common-law indemnification and no valid contractual indemnification agreement existed for the relevant work.

Labor LawSummary JudgmentIndemnificationAppellate DivisionConstruction Site SafetyRoofing AccidentProximate CauseSafety Device FailureCross ClaimsContractual Indemnification
References
17
Case No. 2023 NY Slip Op 01392 [214 AD3d 1332]
Regular Panel Decision
Mar 17, 2023

Matter of Niagara Falls Captains & Lieutenants Assn. (City of Niagara Falls)

The Niagara Falls Captains and Lieutenants Association, as petitioner, appealed an order from the Supreme Court, Niagara County, which denied their petition to vacate an arbitration award. The arbitration award had previously denied the association's grievances against the City of Niagara Falls. The petitioner contended that the award should be vacated because it failed to meet the standards of finality and definiteness required by CPLR 7511 (b) (1) (iii). The Appellate Division, Fourth Department, affirmed the lower court's order, emphasizing the extremely limited judicial review of arbitration awards. The court found that the award sufficiently defined the parties' rights and obligations regarding the alleged violation of their collective bargaining agreement or past practice concerning the filling of six vacancies by the City. Ultimately, the court concluded that the award was definite and final, resolving the submitted controversy without creating new ambiguities.

Arbitration AwardVacate AwardFinalityDefinitenessCPLR 7511Collective Bargaining AgreementGrievancesJudicial ReviewAppellate DivisionPublic Sector Employment
References
9
Case No. MISSING
Regular Panel Decision

Chuppe v. GULF IRON WORKS, INC.

Chuppe, a carpenter, was injured after falling from a canopy at a school construction site due to a missing support brace. He sued the subcontractor, Gulf Iron Works, alleging negligence, but a jury found Gulf not negligent and Chuppe negligent. The judgment was appealed, and the higher court reversed and remanded the case due to multiple errors during the initial trial. These errors included the improper admission of opinion testimony regarding causation, the introduction of irrelevant evidence concerning Chuppe's past accidents and habits, and significant juror misconduct where a juror shared personal 'expert' knowledge during deliberations. The appellate court concluded that these errors likely led to an improper verdict.

NegligenceJuror MisconductExpert Witness TestimonyAdmissibility of EvidenceReversible ErrorPersonal InjuryConstruction AccidentSubcontractor LiabilityProximate CauseProper Lookout
References
25
Case No. MISSING
Regular Panel Decision
Sep 29, 1939

City of Wichita Falls v. Travelers Ins. Co.

The City of Wichita Falls sought indemnity from The Travelers Insurance Company for a judgment paid to C. H. Phillips, who was injured by a city truck. The insurance policy excluded coverage for city employees. The central question was whether Phillips, a relief worker whose labor was directed by the City, was an employee of the City at the time of injury, including his transportation to and from work. The court affirmed that Phillips was indeed a city employee, despite being paid by a federal relief agency, and that his injury occurred within the scope of his employment. Additionally, a non-waiver agreement between the City and Travelers was deemed valid, preserving the insurer's policy defenses. The judgment in favor of The Travelers Insurance Company was affirmed.

Automobile Insurance PolicyEmployee Exclusion ClauseBorrowed Servant RuleNon-Waiver Agreement ValidityCourse of EmploymentFederal Relief WorkerMunicipal LiabilityInsurance Coverage DisputeWorkers' Compensation ContextContract Interpretation
References
28
Case No. 2022 NY Slip Op 00917 [202 AD3d 1232]
Regular Panel Decision
Feb 10, 2022

Matter of Eastman v. Glens Falls Hosp.

The case involves Stacy Eastman, who was injured at work and awarded workers' compensation benefits, including a 10% schedule loss of use of her right leg. The employer, Glens Falls Hospital, and its carrier applied for reconsideration and/or full Board review, arguing that the Board improperly failed to consider apportionment of the SLU award with a prior injury. The Workers' Compensation Board denied this application. The Appellate Division, Third Department, affirmed the Board's denial, finding that the Board's decision was neither arbitrary and capricious nor an abuse of discretion, as the employer failed to demonstrate newly discovered evidence, a material change in condition, or that the Board improperly failed to consider the issues.

Workers' CompensationSchedule Loss of UseApportionmentReconsiderationFull Board ReviewAppellate ReviewAbuse of DiscretionArbitrary and CapriciousPrior InjuryMedical Evidence
References
5
Case No. MISSING
Regular Panel Decision

Campbell Cleaning & Dye Works, Inc. v. Porter

This case concerns an appeal regarding a lawsuit filed by Jack Porter and his wife against Campbell Cleaning & Dye Works, Inc. The plaintiffs sought 630 hours of overtime pay for Mrs. Porter, who worked as a laundress, under Article 5169 of Vernon’s Ann.Civ.Statutes. The defendant contended that recovery was not possible as Mrs. Porter also worked in the dry cleaning department, not exclusively the laundry. The trial court found the departments intermingled, making differentiation impossible. The appellate court affirmed the finding that the work fell under the statute but reversed the award of attorney's fees, deeming them non-recoverable.

Overtime PayLaundry IndustryDry CleaningEmployment LawWage DisputeStatutory InterpretationAttorney's FeesTexas Civil ProcedureAppeal DecisionWorker Classification
References
3
Case No. MISSING
Regular Panel Decision

Alonso v. Stanley Works, Inc.

Antonio Alonso sued his employer, The Stanley Works, Inc., alleging retaliatory discharge after his employment was terminated while on medical leave for a work-related injury, claiming it was due to his workers' compensation claim. Stanley Works moved for summary judgment, asserting Alonso was terminated under a uniformly enforced six-month leave of absence policy. The trial court granted summary judgment, finding Alonso failed to provide evidence that his termination would not have occurred but for his workers' compensation claim. The appellate court affirmed the trial court's judgment, concluding that the uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge under the Texas Labor Code.

Retaliatory DischargeWorkers' CompensationSummary JudgmentLeave of Absence PolicyUniform EnforcementTexas Labor CodeEmployment TerminationAbsence Control PolicyAppellate ReviewWorkplace Injury
References
4
Case No. 2018 NY Slip Op 07811 [166 AD3d 1263]
Regular Panel Decision
Nov 15, 2018

Matter of Murray v. South Glens Falls Sch. Dist.

The case "Matter of Murray v South Glens Falls Sch. Dist." involves an appeal to the Appellate Division, Third Department, concerning a Workers' Compensation Board decision. The core issue was whether claimant Bonnie J. Murray had been classified with a permanent partial disability following work-related injuries sustained in December 2007. WCLJ D. Jeffrey Romeo had issued decisions regarding the degree of disability and awards, with a subsequent amended decision from WCLJ Jonathan Frost finding no such classification had been made. The employer appealed, arguing for classification based on prior decisions or claimant's counsel's alleged concession. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the finding that claimant was never classified with a permanent partial disability.

Workers' Compensation BenefitsPermanent Partial DisabilityDisability ClassificationWage-Earning Capacity LossWorkers' Compensation Board AppealAppellate Division Third DepartmentRes Judicata DoctrineLaw of the Case DoctrineJudicial ReviewMaximum Medical Improvement
References
1
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. MISSING
Regular Panel Decision

Wyler Industrial Works, Inc. v. Garcia

Robert Garcia, a pipe-fitter's helper, filed a workers' compensation claim after a work-related injury. He was subsequently terminated by Wyler Industrial Works, Inc., who claimed it was due to a low budget and his unavailability for Saturday work. Garcia sued for wrongful termination, and a jury found Wyler discharged him for filing the claim, awarding $60,000 in damages. Wyler appealed, arguing insufficiency of evidence for both liability and damages, as well as errors in prejudgment interest and jury instructions. The appellate court affirmed the jury's findings, concluding there was sufficient evidence to support Garcia's termination due to his workers' compensation claim and the damage award, and finding no abuse of discretion in the trial court's rulings.

Wrongful TerminationWorkers' Compensation ClaimRetaliationSufficiency of EvidenceLegal InsufficiencyFactual InsufficiencyAbuse of DiscretionPrejudgment InterestJury InstructionsCollateral Source Rule
References
61
Showing 1-10 of 12,014 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