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. CA 12-01229
Regular Panel Decision
Mar 15, 2013

STEIGER, GARY v. LPCIMINELLI, INC.

Plaintiff Gary Steiger commenced a Labor Law and common-law negligence action seeking damages for injuries sustained after tripping and falling while exiting a portable toilet at a construction site. The plaintiff's employer contracted with defendant Orchard Park CCRC, the landowner, for fiber optic installation. Defendant LPCiminelli, Inc. acted as the general contractor and was responsible for placing the portable toilets. The Supreme Court initially denied the defendants' motion for summary judgment. The Appellate Division modified the order, granting summary judgment to dismiss certain Labor Law § 200 and common-law negligence claims against LPCiminelli, Inc. based on a lack of actual notice, and fully dismissing these claims against Orchard Park CCRC. Furthermore, the court dismissed the Labor Law § 241 (6) cause of action, ruling that the accident site was not a 'passageway' under 12 NYCRR 23-1.7 (e) (1). One justice dissented regarding the dismissal of the Labor Law § 241 (6) claim.

Premises LiabilitySummary JudgmentAppellate ReviewConstruction Site AccidentDangerous ConditionActual NoticeConstructive NoticeSupervisory ControlPortable Toilet PlacementTrip and Fall
References
40
Case No. CV-24-1330
Regular Panel Decision
Nov 20, 2025

In the Matter of the Claim of Gary Troiano

Claimant Gary Troiano appealed two decisions from the Workers' Compensation Board. The Board had reversed a Workers' Compensation Law Judge's acceptance of Troiano's medical expert's report, ruling it should be precluded for non-adherence to Workers' Compensation Law § 137. The Board had also denied Troiano's application for reconsideration and/or full Board review. The Appellate Division found that the Board erred in considering the employer's argument regarding the medical report's admissibility, as the employer failed to raise this objection in a timely manner. Consequently, the Appellate Division reversed the Board's July 2024 decision and remitted the matter, deeming the appeal from the denial of reconsideration academic.

Medical expert reportTimelinessPreclusion of evidenceSchedule loss of useAdministrative reviewReconsiderationWorkers' Compensation LawAppellate DivisionRight wrist injuryIndependent Medical Examiner
References
9
Case No. MISSING
Regular Panel Decision
Jun 07, 2004

Spages v. Gary Null Associates, Inc.

This case concerns an appeal from an order regarding a plaintiff's Labor Law claims against defendants Gary Null Associates, Inc. and Selma Weiser. The Supreme Court initially granted summary judgment to the plaintiff on Labor Law § 240 (1) and § 241 (6) claims, but the appellate court modified this. The appellate decision denied the plaintiff's motion for summary judgment on the Labor Law § 241 (6) claim, citing comparative negligence as a valid defense and evidence of the plaintiff's own contribution to the injury. However, the grant of summary judgment on the Labor Law § 240 (1) claim was affirmed, as comparative negligence is not a defense, and defendants failed their nondelegable duty to provide adequate scaffolding. Additionally, the court affirmed the denial of Selma Weiser's cross-motion for common-law indemnification against Gary Null Associates, Inc., finding Null's liability to be purely statutory and not actively negligent.

Labor LawScaffolding SafetySummary JudgmentComparative NegligenceIndemnificationStatutory DutyWorkplace InjuryPremises LiabilityAppellate ReviewConstruction Safety
References
3
Case No. 2019 NY Slip Op 08300 [177 AD3d 1370]
Regular Panel Decision
Nov 15, 2019

Warren v. E.J. Militello Concrete, Inc.

Plaintiffs, Gary E. Warren et al., commenced a negligence action against E.J. Militello Concrete, Inc., and Verizon New York, Inc., seeking damages for injuries sustained by Gary E. Warren on a sidewalk outside his employer, Verizon. The Supreme Court, Erie County, granted Verizon's motion for summary judgment, concluding that workers' compensation benefits were the exclusive remedy. On appeal, the Appellate Division, Fourth Department, reversed this decision. The appellate court held that the Workers' Compensation Board has primary jurisdiction to determine the applicability of the Workers' Compensation Law, and thus the Supreme Court should not have ruled on the summary judgment motion at that stage. The case was remitted to the Supreme Court for further proceedings after a determination by the Workers' Compensation Board.

NegligenceWorkers' CompensationPrimary JurisdictionSummary JudgmentAppellate ProcedureRemittalScope of EmploymentSidewalk AccidentErie CountyFourth Department
References
3
Case No. MISSING
Regular Panel Decision
Dec 02, 1988

Arbusto v. Fordham University

Plaintiff Gary Arbusto was injured in an accident while working on a construction project for third-party defendant Andron on a building owned by defendant Fordham. Arbusto sought partial summary judgment against Fordham based on Labor Law § 240, alleging a failure to provide proper safety devices. The court granted Arbusto's motion, finding Fordham absolutely liable regardless of the general availability of safety devices. Fordham's motion for indemnification from Andron was denied, as the contract provision was deemed void under General Obligations Law § 5-322.1 due to public policy concerns. The appellate court unanimously affirmed the lower court's decision.

Construction AccidentWorker InjuryLabor LawAbsolute LiabilitySafety DevicesIndemnification ClausePublic PolicySummary JudgmentOwner LiabilityContractor Liability
References
5
Case No. ADJ3526765 (SAC 0226620)
Regular
May 14, 2012

GARY HORAT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied Gary Horat's Petition for Reconsideration in the case against the County of Sacramento. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Horat's supplemental pleading was considered but did not alter the decision. Therefore, the Board's order denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeny ReconsiderationSupplemental PleadingCal. Code Regs. tit. 8§ 10848County of SacramentoGary HoratADJ3526765
References
0
Case No. MISSING
Regular Panel Decision
Oct 23, 2009

Roll v. Gavitt

Plaintiffs commenced a personal injury action after Gary S. Roll was rear-ended by a vehicle operated by the defendant. The defendant moved for summary judgment, contending that Roll did not sustain a serious injury under Insurance Law § 5102 (d). Plaintiffs cross-moved for partial summary judgment on the issue of negligence. The Supreme Court denied the defendant's motion and granted the plaintiffs' cross-motion. The appellate court affirmed, concluding that the defendant failed to present evidence of the plaintiff's negligence and that the plaintiffs successfully raised a triable issue of fact regarding serious injury.

Personal InjurySummary JudgmentNegligenceRear-end CollisionSerious Injury ThresholdInsurance LawCervical Spine InjuryPreexisting ConditionMedical ExaminationTriable Issue of Fact
References
7
Case No. MISSING
Regular Panel Decision

Gary J. v. Colleen L.

This case involves an appeal from a Family Court order in Columbia County, dated April 14, 2000, which granted the petitioner's request to modify a prior custody arrangement. The modification was sought due to allegations that one of the parties' two minor children, Gary, was sexually abused by his stepfather in the respondent's household. The Family Court, after hearing conflicting expert testimonies, found that the petitioner had proven the sexual abuse allegations and awarded sole custody to the petitioner with supervised visitation for the respondent. The appellate court affirmed the Family Court's decision, concluding that its determination of sexual abuse was supported by a sound and substantial basis in the record, justifying the custody modification in the children's best interests.

Custody disputeChild sexual abuseParental fitnessExpert testimonyWitness credibilityCustody modificationFamily Court ActAppellate reviewDomestic violenceEducational neglect
References
9
Case No. MISSING
Regular Panel Decision

Hellmers v. Town of Vestal, NY

Plaintiff Gary Hellmers, a Town of Vestal Police Officer, filed a suit under the Fair Labor Standards Act (FLSA) against his employer, the Town of Vestal, seeking overtime compensation for off-duty activities. These activities included caring for his police dog, performing various non-canine police duties, and challenging restrictions on compensatory time use. The Court denied the Defendant's motion for summary judgment and partially granted Plaintiff's cross-motion, deeming time spent on dog grooming, bathing, exercising, cleaning, training, as well as cleaning his firearm and vehicle, as compensable work. However, compensation for commuting and uniform cleaning was denied. Key issues, including the reasonableness of activities, the employer's knowledge of off-the-clock work, and whether the FLSA violation was willful, were reserved for trial, while the Defendant's request for a jury trial was granted, and Plaintiff was found entitled to liquidated damages if successful on his FLSA claims.

FLSAOvertime CompensationPolice OfficerK-9 UnitPolice DogOff-Duty WorkCompensatory TimeLiquidated DamagesSummary JudgmentWork Definition
References
31
Case No. ADJ7331781
Regular
Dec 10, 2012

GARY TERRELL vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Gary Terrell's workers' compensation claim against the County of San Diego. The Board affirmed the original decision but amended Finding of Fact No. 3. This amendment clarifies that the date of injury, for the purposes of Labor Code section 5412, spans from August 21, 1971, to May 1, 2010. The Board adopted and incorporated the administrative law judge's report into its opinion.

Workers' Compensation Appeals BoardGary TerrellCounty of San DiegoPermissibly Self-InsuredADJ7331781Opinion and Order Granting ReconsiderationDecision After ReconsiderationReport of Workers' Compensation Administrative Law JudgeLabor Code section 5412Date of Injury
References
0
Showing 1-10 of 139 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