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. 2025 NY Slip Op 00317 [234 AD3d 839]
Regular Panel Decision
Jan 22, 2025

Medina v. 1277 Holdings, LLC

Victor Medina, a worker, sued 1277 Holdings, LLC and Ray Builders, Inc. for personal injuries sustained on a construction site, alleging Labor Law violations. The incident involved Medina falling from a wet and slippery plywood ramp while pushing a pallet jack. The Supreme Court granted Medina's motion for summary judgment regarding a Labor Law § 241(6) violation (12 NYCRR 23-1.7[d]) and dismissed affirmative defenses of comparative negligence and assumption of risk. However, it denied his motion concerning Labor Law § 240(1) and another aspect of Labor Law § 241(6) (12 NYCRR 23-1.7[f]). The Appellate Division affirmed the Supreme Court's order in its entirety, upholding both the granted and denied branches of Medina's motion on appeal and cross-appeal.

Personal InjuryConstruction AccidentSummary JudgmentLabor Law § 240(1)Labor Law § 241(6)Industrial Code 12 NYCRR 23-1.7(d)Industrial Code 12 NYCRR 23-1.7(f)Comparative NegligenceAssumption of RiskAppellate Review
References
15
Case No. CV-23-0370
Regular Panel Decision
Apr 25, 2024

In the Matter of the Claim of Delmi Medina

Claimant Delmi Medina appealed decisions from the Workers' Compensation Board concerning a claim for work-related back and knee injuries sustained in February 2021 while employed by American Maintenance Inc. The Board reversed a WCLJ's decision, finding that Medina failed to provide timely written notice of the accident within 30 days as required by Workers' Compensation Law § 18, and subsequently denied her application for reconsideration. The Appellate Division, Third Judicial Department, affirmed the Board's decisions. The Court limited its review to whether the denial of reconsideration was an abuse of discretion or arbitrary and capricious, noting that Medina had abandoned her challenge to the underlying Board decision. The Court found no due process violation in the same Board panel members reviewing the reconsideration request and concluded that the Board's denial was proper.

Workers' Compensation BenefitsTimely Notice of InjuryBoard Panel DecisionReconsideration ApplicationFull Board ReviewAppellate DivisionAbuse of DiscretionArbitrary and CapriciousDue ProcessWorkers' Compensation Law
References
11
Case No. 2020 NY Slip Op 01095 [180 AD3d 818]
Regular Panel Decision
Feb 13, 2020

People v. Medina

Eduardo Medina appealed an order from the Supreme Court, Queens County, designating him a level three sex offender under the Sex Offender Registration Act (SORA) and denying his request for a downward departure. The Appellate Division, Second Department, reviewed the appeal. Although the Supreme Court failed to provide specific findings of fact and conclusions of law, the Appellate Division deemed the record sufficient for its own determination. The defendant's arguments regarding remorse and family/social worker support were found to be insufficient to warrant a downward departure. Consequently, the Appellate Division affirmed the Supreme Court's decision to designate Medina as a level three sex offender.

Sex Offender Registration ActSORADownward DepartureRisk Level AssessmentAppellate ReviewCriminal LawSentencingRecidivismMitigating FactorsNew York State Courts
References
11
Case No. 2023 NY Slip Op 02025
Regular Panel Decision
Apr 19, 2023

Velazquez-Guadalupe v. Ideal Bldrs. & Constr. Servs., Inc.

The case Velazquez-Guadalupe v Ideal Bldrs. & Constr. Servs., Inc. addresses the scope of Workers' Compensation Law § 11 regarding third-party claims for contribution and indemnity against employers. The Appellate Division, Second Department, clarified that a Workers' Compensation Board (WCB) determination establishing an employer-employee relationship bars such claims, even if the third party did not participate in the WCB proceedings, overturning the Supreme Court's prior reliance on Baten v Northfork Bancorporation, Inc. The court granted CDW Carpentry, Inc. summary judgment on these cross-claims, as the WCB found it to be Velazquez-Guadalupe's employer. However, the court affirmed allowing defendants to assert a cross-claim for breach of an oral agreement to procure insurance against CDW, noting such agreements are distinct from indemnification, and affirmed denying JSK Construction Corp.'s summary judgment motion as premature for lack of discovery.

Workers' Compensation Law § 11Third-Party IndemnificationContribution ClaimsEmployer ImmunityGrave Injury ExceptionWritten Contract IndemnificationCollateral EstoppelSummary Judgment MotionBuilding Collapse InjuryConstruction Site Accident
References
35
Case No. MISSING
Regular Panel Decision

Medina v. City of New York

Gloria Medina was injured in a slip and fall incident at a supermarket, leading her to sue Julia Disla, whom she believed to be the owner. Service was effected through Disla's insurance carrier. Years into the litigation, after the statute of limitations had passed, Disla's counsel revealed the true owner was a corporation, 1640 St. Nicholas Avenue Supermarket, Inc., and moved for summary judgment. Plaintiffs sought to amend the complaint to name the correct corporate entity. The appellate court reversed the summary judgment, ruling that the initial service, despite the misnomer, sufficiently apprised the corporate entity of the lawsuit, thus allowing the amendment of the complaint.

MisnomerPleading AmendmentSummary Judgment MotionStatute of LimitationsService of ProcessCorporate EntityPremises LiabilitySlip and Fall InjuryAppellate ReversalInsurance Carrier
References
2
Case No. MISSING
Regular Panel Decision

Medina v. Phillips

Plaintiff Philip Medina, an ambulance driver for Shiva Ambulette Service, was injured in a motor vehicle accident in 2007 and subsequently settled a personal injury action for $20,000. He had been receiving workers' compensation benefits from First Cardinal Corporation, LLC. The plaintiff sought a nunc pro tunc order to approve his settlement, which was initially denied by a lower court. This decision reversed the lower court's denial, finding that the plaintiff was not at fault for the delay in seeking approval, as the carrier had misled him. Additionally, the court determined that First Cardinal Corporation, LLC was not prejudiced by the delay, given that the benefits paid were below the statutory cap and the settlement amount was deemed fair and reasonable.

Workers' Compensation BenefitsMotor Vehicle Accident ClaimsSettlement ApprovalNunc Pro Tunc OrderInsurance LawWorkers' Compensation LawCarrier's LienFirst-Party BenefitsPrejudice ArgumentChiropractic Examination
References
4
Case No. ADJ9409541
Regular
Aug 23, 2019

LUIS MEDINA BERNAL (Deceased), PATRICIA SOLANO VASQUEZ, MISAEL MEDINA SOLANO, LUCIA MEDINA SOLANO, XIMENA MEDINA SOLANO, I SAI MEDINA SOLANO, LUIS EMANUEL MEDINA SOLANO vs. REBECCA BAUTISTA dba REMAC TIRE SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a fatal industrial injury to Luis Medina Bernal, a tire changer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify death benefit payment terms. While the WCJ correctly found petitioning applicants failed to prove partial dependency, the WCAB amended the decision. The death benefit for the widow, Patricia Solano Vasquez, is to be paid bi-weekly at $297.29 until the $250,000 total is exhausted. The attorney's fee was recalculated to $34,042.54, representing 15% of the death benefit's present value.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFatal Industrial InjuryPartial DependencyCredibility DeterminationsNet Financial BenefitDeath BenefitPresent ValueAttorney's Fee
References
4
Case No. 608894/17
Regular Panel Decision
Sep 30, 2020

Medina-Arana v. Henry St. Prop. Holdings, LLC

The plaintiff, Elio Medina-Arana, sustained personal injuries after falling from a scaffold at a construction site owned by Henry Street Property Holdings, LLC. He initiated an action alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The Supreme Court initially granted summary judgment to the plaintiff on the Labor Law § 240(1) claim and denied parts of the defendant's cross-motion to dismiss. The Appellate Division modified this order, denying the plaintiff's motion for summary judgment on Labor Law § 240(1), citing triable issues of fact regarding the scaffold's safety. Furthermore, the Appellate Division granted the defendant's cross-motion to dismiss the common-law negligence and Labor Law § 200 claims, as the defendant lacked supervisory control over the work methods. The court affirmed the denial of the defendant's cross-motion to dismiss the Labor Law § 241(6) claim related to Industrial Code 12 NYCRR 23-5.1(b).

Personal InjuryConstruction AccidentScaffold FallLabor Law § 240(1)Labor Law § 200Labor Law § 241(6)Industrial Code 12 NYCRR 23-5.1(b)Summary JudgmentAppellate DivisionPremises Liability
References
18
Case No. 2024 NY Slip Op 02239 [226 AD3d 1282]
Regular Panel Decision
Apr 25, 2024

Matter of Medina v. American Maintenance Inc.

The claimant, Delmi Medina, appealed a Workers' Compensation Board decision that denied her claim for workers' compensation benefits, ruling that she did not give timely notice of injury. She also appealed the Board's denial of her application for reconsideration and/or full Board review. The Appellate Division, Third Department, affirmed the Board's decisions. The Court found that the claimant had abandoned her challenge to the underlying November 2022 Board decision by only presenting substantive arguments related to the March 2023 decision denying reconsideration. The Court further held that the Board did not abuse its discretion or act arbitrarily by denying reconsideration, nor was there a violation of due process when the same panel members reviewed the reconsideration application.

Workers' Compensation BenefitsTimely Notice of InjuryAdministrative ReviewBoard Panel DecisionReconsideration DenialFull Board ReviewDue ProcessAbuse of DiscretionArbitrary and CapriciousAppellate Review
References
11
Case No. 2023 NY Slip Op 05690
Regular Panel Decision
Nov 14, 2023

Medina v. Jet Aviation Holdings USA, Inc.

Plaintiff Paul Medina, a delivery person, suffered a head injury while loading humanitarian cargo onto an airplane in a New Jersey hangar. He initiated a personal injury lawsuit against various entities including Jet Aviation Holdings USA, Inc., and Third Point LLC, alleging negligence in hangar operation and his direction. The Appellate Division, First Department, addressed appeals concerning two Supreme Court orders regarding motions to dismiss. The court unanimously reversed the denial of dismissal for the Jet Aviation defendants, granting their motion due to a lack of personal jurisdiction over the foreign subsidiary and its parent companies. The court also unanimously modified the denial of dismissal for Daniel S. Loeb, Third Point LLC, and Teragram, LLC, granting dismissal against Loeb and Teragram for insufficient pleading and lack of duty, respectively, but affirmed the denial against Third Point LLC regarding potential vicarious liability.

Personal InjuryJurisdictionVicarious LiabilitySpecial Employee DoctrineCorporate VeilMotion to DismissAppellate ReviewNegligenceParent Company LiabilityCorporate Officer Liability
References
9
Showing 1-10 of 113 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