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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
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
Case No. 2025 NY Slip Op 02445 [237 AD3d 1500]
Regular Panel Decision
Apr 25, 2025

Matter of Cooper (Roswell Park Comprehensive Cancer Ctr.)

This case involves an appeal from an order that vacated an arbitration award concerning the termination of a registered nurse, Wendy Cooper, from Roswell Park Comprehensive Cancer Center. Cooper was terminated for failing to comply with a COVID-19 vaccine mandate, which was later declared null and void in an unrelated case. The arbitrator, however, upheld Cooper's termination based on the collective bargaining agreement. The Supreme Court vacated the arbitration award, reinstating Cooper, finding it irrational and against public policy. The Appellate Division reversed the Supreme Court's order, confirming the arbitration award. It held that the Supreme Court erred in vacating the award, as petitioners failed to prove it violated a strong public policy or was irrational under CPLR 7511 (b), reaffirming the limited scope of judicial review for arbitration awards.

Arbitration AwardVacaturPublic PolicyIrrationalityCOVID-19 Vaccine MandateEmployment TerminationCollective Bargaining AgreementCPLR Article 75Appellate ReviewJudicial Review Limitation
References
9
Case No. ADJ1402736
Regular
Jan 04, 2010

SANDY BASTIAN vs. COUNTY OF VENTURA

This case involves a firefighter diagnosed with breast cancer who claimed industrial injury under California Labor Code section 3212.1. The defendant employer argued the statutory presumption of industrial causation was rebutted by an Agreed Medical Examiner's opinion stating the cancer was non-industrial, citing a lack of studies linking female firefighter exposures to breast cancer. The Appeals Board affirmed the WCJ's decision, finding the applicant sufficiently demonstrated exposure to carcinogens and the defendant failed to meet its burden to prove the exposure was "not reasonably linked" to the cancer. The court clarified that the mere absence of specific epidemiological studies does not rebut the presumption under section 3212.1.

Labor Code section 3212.1firefightercancer presumptionindustrial injuryrebuttable presumptioncarcinogen exposureAgreed Medical Examiner (AME)non-industrial causationindustrial causationAppeals Board
References
4
Case No. MISSING
Regular Panel Decision
May 01, 1991

Malavenda v. New York Telephone Co.

Claimant underwent periodic breast examinations as part of her employer's breast cancer screening program. After being diagnosed with breast cancer and undergoing surgery, she initiated a medical malpractice action against the employer and its medical staff, alleging misdiagnosis. The Supreme Court referred the matter to the Workers' Compensation Board, which determined that her condition was not work-related and its worsening was not an accident arising out of employment. The employer appealed this decision. The appellate court affirmed, finding substantial evidence that the tests were routine and not related to a work-related injury, and that the employer's staff did not actively aggravate a noncompensable condition.

Workers' CompensationMedical MalpracticeBreast CancerCancer ScreeningMisdiagnosisWork-Related InjuryCourse of EmploymentEmployer LiabilityAppellate ReviewAffirmation
References
3
Case No. ADJ9870999
Regular
Feb 13, 2017

ROBIN SMITH vs. CITY OF SUNNYVALE

This case involves a firefighter claiming breast cancer arose from employment exposure to carcinogens, triggering a statutory presumption of industrial causation under Labor Code section 3212.1. The employer sought to rebut this presumption by arguing a medical examiner found no studies linking applicant's specific exposures to breast cancer. However, the Appeals Board denied reconsideration, affirming that the employer failed to prove there is *no reasonable link* between workplace carcinogen exposure and the applicant's cancer, a higher bar than simply the absence of direct scientific studies. The Board reiterated that an employer must affirmatively demonstrate a lack of reasonable connection, not just highlight a lack of studies supporting causation.

Labor Code section 3212.1presumption of industrial causationpublic safety officerfirefightercarcinogen exposurebreast cancerdisputable presumptioncontroverted evidencereasonable linkburden of proof
References
3
Case No. Index No. 161136/17 Appeal No. 15141 Case No. 2021-02236
Regular Panel Decision
Feb 22, 2022

Quiroz v. Memorial Hosp. for Cancer & Allied Diseases

Jose Alfonso Perez Quiroz, a construction worker, sustained injuries after falling from an unstable scaffold at a site managed by Memorial Hospital for Cancer and Allied Diseases and general contractor Turner Construction Company. He initiated legal action under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially denied his motion for partial summary judgment on the Labor Law § 240 (1) claim and dismissed his Labor Law § 241 (6) claim. However, the Appellate Division, First Department, reversed the Supreme Court's decision, granting Quiroz's motion for summary judgment on liability under Labor Law § 240 (1), finding the unsecured scaffold to be a proximate cause of his fall. The appellate court subsequently dismissed the Labor Law § 241 (6) claim as academic.

Construction AccidentScaffold FallLabor Law Section 240(1)Labor Law Section 241(6)Industrial Code ViolationsSummary Judgment AppealPlaintiff LiabilityDefendant LiabilityProximate CausationRecalcitrant Worker Defense
References
17
Case No. MISSING
Regular Panel Decision

Claim of Valenti v. Penn Plax Plastics

The claimant, exposed to asbestos between 1965 and 1972, developed asbestosis, asbestos-related pleural disease, and lung cancer. His 1995 workers' compensation claim was denied by a Workers' Compensation Law Judge and the Board, which found his lung cancer causally related to asbestos exposure occurring before July 1, 1974, thus falling under the 'dust disease' rule requiring total disability for compensation. The claimant appealed, arguing lung cancer is not a dust disease. The appellate court reversed and remitted the decision, clarifying that while lung cancer itself is not a dust disease, the pre-1974 restriction applies if it's causally related to a dust disease like asbestosis. The court noted the Board failed to make a specific finding on this causal link.

asbestos exposurelung cancerasbestosisworkers' compensationdust diseasetotal disabilitypartial disabilitycausationremittalappellate review
References
9
Case No. ADJ9773810
Regular
Oct 25, 2017

Michele Ligouri vs. CITY OF CONCORD, YORK RISK SERVICES GROUP

This case involves a police officer's claim for workers' compensation benefits for breast cancer. The applicant was entitled to a legal presumption that her cancer was industrially caused. The defendant argued the presumption was rebutted because the latency period for her cancer exceeded her period of employment, based on a QME's opinion. However, the Appeals Board found the QME's opinion did not definitively rule out a shorter latency period for the applicant's aggressive cancer, thus failing to rebut the presumption. The Board granted reconsideration, amended the findings to include the presumption, and returned the case for further proceedings.

Labor Code section 3212.1presumptionindustrial cumulative trauma injurybreast cancerlatency periodQualified Medical Evaluator (QME)rebuttedmedical probabilityaggressive form of cancercarcinogens
References
7
Case No. MISSING
Regular Panel Decision

Claim of Delee v. Crouse Hinds Division of Cooper Industries

Claimant sustained a work-related back injury in 1991, resulting in a permanent partial disability and workers' compensation benefits. After being terminated and later finding new employment, she developed breast cancer, leading to neuropathy and cardiomyopathy from chemotherapy, preventing her return to work. The employer's carrier argued her current inability to work was solely due to cancer, not the back injury. The Workers’ Compensation Board reversed a Workers’ Compensation Law Judge's decision, continuing claimant's reduced earnings award. The Appellate Division affirmed, holding that supervening nonindustrial causes do not absolve an employer if the established permanent partial disability still contributes to reduced earning capacity, which is a factual determination for the Board, supported by substantial evidence in this case.

Workers' CompensationPermanent Partial DisabilityReduced EarningsSupervening Nonindustrial CausesCausationAppellate ReviewMedical OpinionBack InjuryChemotherapy ComplicationsBoard Findings
References
5
Case No. 2024 NYSlipOp 01671 [225 AD3d 536]
Regular Panel Decision
Mar 26, 2024

Carranza v. Memorial Hosp. for Cancer & Allied Diseases

The Appellate Division, First Department, modified a Supreme Court order concerning a construction accident where plaintiff Delis Vasquez Carranza was injured by a falling 150-pound panel in an elevator shaft. The Appellate Division granted the plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim, determining that the injury resulted from a falling object that should have been secured by a safety device. Concurrently, it affirmed the dismissal of Labor Law § 200 and common-law negligence claims against defendant Turner Construction Company. The court concluded that these claims were properly dismissed because the accident stemmed from the means and methods of the work, which were directed and controlled by the plaintiff's employer, and the general contractor's general supervisory powers were insufficient to establish liability for such claims.

Labor Law 240(1)Falling Object InjuryConstruction Site AccidentSummary Judgment MotionAppellate Division DecisionGeneral Contractor ResponsibilityEmployer ControlWorkplace Safety ViolationsElevator Shaft IncidentNegligence Dismissal
References
4
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