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. MISSING
Regular Panel Decision

In Re Sterling Die Casting Co., Inc.

This case involves an appeal by Local 365 United Auto Workers Welfare and Pension Fund (the Fund) against Sterling Die Casting Company regarding the avoidance of a judgment lien under 11 U.S.C. § 547(b)(l)(4). The central issue is whether New York State practice regarding the docketing of judgments discriminates against federal court judgments. The Fund argued that its lien was created on the date of judgment in federal court, while Sterling contended it was created upon docketing with the county clerk, which fell within the 90-day preference period before its Chapter 11 bankruptcy filing. The District Court affirmed the Bankruptcy Judge's decision, holding that New York's C.P.L.R. 5018(b) does not discriminate and that a lien is established only upon filing a transcript with the county clerk, serving the practical need for centralized record-keeping.

Judgment LienBankruptcy Code Section 547(b)(l)(4)Federal vs. State JudgmentsNew York Civil Practice Law and Rules 5018(b)28 U.S.C. Section 1962Docketing JudgmentsProperty LienSupremacy ClauseRetroactive DocketingEastern District of New York
References
6
Case No. MISSING
Regular Panel Decision

Kelley v. Lynaugh

This case involves appeals and cross-appeals concerning the validity of various absentee and special ballots cast in a November 5, 2013, general election for Councilmember, 4th Council District, Town of Brookhaven. Constance M. Kepert appealed parts of a Supreme Court order, and Michael A. Loguercio, Jr., cross-appealed other parts. The appellate court modified the lower court's determinations regarding the casting and canvassing of specific ballots. The modifications were based on voter intent derived from ballot markings, as well as adherence to Election Law regarding signature verification and timely ballot receipt. Ultimately, the court directed the Suffolk County Board of Elections not to cast or canvass ballots designated as exhibits 2, 8, and 17, and to cast and canvass ballots designated as exhibits 3, 6, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, and 24.

Election DisputeBallot ValidityVoter IntentAbsentee BallotsSpecial BallotsCanvassing ProceduresElection Law Article 16Suffolk County ElectionsAppellate ReviewGeneral Election 2013
References
8
Case No. ADJ3588744 (AHM 0136596) ADJ3710110 (AHM 0136597) ADJ4588636 (AHM 0136598) ADJ4051109 (LBO 0340086)
Regular
Sep 23, 2019

JOSE VASQUEZ vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's bilateral elbow cumulative trauma injury claim. While the applicant argued the initial award significantly understated his permanent disability, the Board affirmed the original decision, adopting the WCJ's reasoning. The Board deferred the issue of bilateral elbow injury, allowing parties to further resolve it, and corrected a typographical error in the award.

cumulative traumapermanent disabilitymultiple disabilities tablevocational evidencerecord developmentbilateral elbowsstipulationtypographical errorbody partdefer issue
References
1
Case No. LAO 838220
Regular
May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and remanded the case to determine permanent disability using the 1997 Schedule. This decision stems from the Board's finding that the applicant's treating physician's December 20, 2004, report indicated the existence of permanent disability, triggering an exception under Labor Code section 4660(d). Consequently, the outdated 1997 Schedule, not the 2005 Schedule, must be applied to calculate the applicant's permanent disability benefits.

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder
References
2
Case No. 2024-50-4684
Regular Panel Decision
Jan 30, 2025

Winfrey, Jackey v. McMinnville Tool and Die, Inc.

The employee, Jackey Winfrey, appealed the dismissal of his workers' compensation claim against McMinnville Tool and Die, Inc. Winfrey alleged multiple work-related injuries but exhibited continuous dissatisfaction with authorized physicians, missed appointments, and engaged in inappropriate, profane, and threatening communication with legal and court personnel. He also failed to attend a court-ordered deposition. The trial court initially granted a voluntary dismissal and subsequently dismissed the case with prejudice due to Winfrey's repeated violations of court orders and failure to cooperate in discovery. The Workers' Compensation Appeals Board affirmed the trial court's decision, finding no abuse of discretion given the employee's abusive conduct and persistent non-compliance.

Employee misconductDiscovery violationsMedical treatment refusalHarassmentAbusive languageDismissal with prejudiceWorkers' compensation appealPro se litigantSanctionsAppeals board decision
References
6
Case No. MISSING
Regular Panel Decision

Brayley v. Doehler-Jarvis Castings Division of NL Industries, Inc.

Petitioners, employees of Doehler-Jarvis Castings Division, faced plant closure in 1982 and chose enhanced retirement benefits over severance pay. They later commenced a proceeding under Executive Law § 296, alleging age discrimination after a second offer of severance was declined. The Administrative Law Judge's recommendation to dismiss for failure to prosecute was upheld by the Supreme Court and Executive Deputy Commissioner of SDHR. The court affirmed the dismissal, finding the severance plan was an employee welfare benefit plan preempted by ERISA, not falling under the Fort Halifax exception as it required ongoing administrative discretion. Furthermore, it concluded the plan did not violate the ADEA under the then-controlling Betts precedent, as the employment termination was unrelated to age.

Age DiscriminationERISA PreemptionSeverance PayRetirement BenefitsFailure to ProsecuteAdministrative Law JudgeOlder Workers Benefit Protection ActEmployee Welfare Benefit PlanManagerial DiscretionExecutive Law
References
10
Case No. MISSING
Regular Panel Decision

Cast Optics Corp. v. Textile Workers Union

Cast Optics Corp. sought a preliminary injunction against the Textile Workers Union of America (TWUA), the American Arbitration Association, and arbitrator Benjamin Wolfe to prevent a decision in a labor dispute. The dispute arose after the TWUA engaged in a job action and subsequent strike, leading the company to cease recognizing the union. The company argued the dispute was not arbitrable, citing reasons such as the union's alleged material breach of the no-strike clause, NLRB primary jurisdiction, waiver due to late filing, laches, and jurisdictional issues under the U.S. Arbitration Act. The District Court denied the company's motion, concluding that its arguments lacked merit and that issues concerning contract repudiation and procedural arbitrability were for the arbitrator to decide.

Labor DisputeArbitrationPreliminary InjunctionCollective Bargaining AgreementNo-Strike ClauseRepudiation of ContractNLRB JurisdictionProcedural ArbitrabilityLachesUnited States Arbitration Act
References
13
Case No. 08-19-00087-CV
Regular Panel Decision
Dec 04, 2019

El Paso Tool & Die Co., Inc. v. Carlos Mendez

El Paso Tool and Die Company, Inc. (Appellant) sought a permissive appeal after its motion for summary judgment was denied. Carlos Mendez (Appellee), a temporary laborer from Elwood Staffing, sued El Paso Tool for negligence after losing fingers in an industrial accident. El Paso Tool asserted an exclusive remedy defense under the Texas Labor Code, claiming Mendez was their employee. The trial court denied the motion, finding Mendez was an independent contractor. The appellate court dismissed the permissive appeal, concluding it was improvidently granted due to the trial court's unclear application of legal standards and the presence of disputed facts regarding the control over Mendez's work details.

Workers' CompensationExclusive Remedy DefenseSummary Judgment DenialPermissive AppealTemporary Staffing AgencyBorrowed Servant DoctrineIndependent ContractorRight of ControlIndustrial AccidentNegligence Claims
References
22
Case No. 13-20-00372-CV
Regular Panel Decision
Feb 24, 2022

Lidia Elizardi A/K/A Lidia E. Martinez v. One Last Cast, LLC, Eric Williams, and Fernando Benavidez

Lidia Elizardi appealed a post-answer default judgment granted to One Last Cast, LLC, Eric Williams, and Fernando Benavidez by the 197th District Court of Cameron County, Texas. Lidia argued she was denied the right to counsel substitution and lacked notice of the June 9, 2020 hearing, leading to her and her counsel's non-appearance. The Court of Appeals affirmed the lower court's judgment, stating that Lidia failed to satisfy the Craddock test by not providing evidence for her non-appearance and waived the issue by not filing a motion for a new trial.

Default JudgmentPost-Answer DefaultMotion to Substitute CounselContinuanceFailure to AppearCraddock TestWaiver of AppealNotice of HearingTrial Court DiscretionTexas Court of Appeals
References
19
Case No. MISSING
Regular Panel Decision

Hull v. Aurora Corp. of Illinois

Plaintiff Gary Hull suffered a severe arm injury while operating machinery for F & R Die Castings Company, Inc. in 1978. The machinery had been acquired from defendant Aurora Corporation of Illinois, for whom Hull previously worked. Hull filed a personal injury action, and after F & R Die Castings successfully moved for summary judgment based on Workers’ Compensation Law exclusivity, Aurora also moved for summary judgment on the same grounds. Special Term denied Aurora’s motion, leading to this appeal. The appellate court affirmed the denial, holding that Aurora, as a prior employer and now a third-party tortfeasor, could not invoke the Workers’ Compensation Law's exclusivity provisions, as Hull's injury did not arise out of his employment with Aurora.

Workers' CompensationSummary JudgmentExclusivity ProvisionsThird-Party LiabilityPrior EmploymentNegligenceBreach of WarrantyStrict LiabilityPersonal InjuryAppellate Review
References
1
Showing 1-10 of 860 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