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. ADJ8548126
Regular
Oct 09, 2017

MATIAS PUGLISI vs. JAMES GALE KERRY, FIRST AMERICAN SPECIALTY INSURANCE COMPANY, CLA-MAR, LYNN DENNIS, PREFERRED EMPLOYERS INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Appeals Board dismissed the Petition for Removal because the WCJ's determination of employment with Cla-Mar and Lynn Dennis constituted a threshold issue. Therefore, reconsideration, not removal, was the proper remedy. The Board denied the Petition for Reconsideration, adopting the WCJ's report and reasoning. The order dismisses removal and denies reconsideration in this workers' compensation case.

WCABPetition for RemovalPetition for ReconsiderationWCJ reportfinal ordersubstantive rightliabilitythreshold issueemployment relationshipstatute of limitations
References
3
Case No. 2015 NY Slip Op 02068 [126 AD3d 537]
Regular Panel Decision
Mar 17, 2015

Matter of State of New York Off. of Mental Health v. Dennis J.

The Appellate Division, First Department, affirmed an order committing Dennis J. to a secure treatment facility after findings of mental abnormality and dangerousness as a sex offender. The court upheld the Supreme Court's decision to permit an expert to testify about an email from a social worker treating Dennis J., rejecting arguments regarding HIPAA and due process as unpreserved or without merit. It found the expert testimony reliable and its probative value outweighed potential prejudice, with the jury properly instructed. The decision underscores the court's discretion in admitting expert testimony in civil commitment proceedings.

Mental Health LawSex OffenderCivil CommitmentExpert TestimonyHIPAADue ProcessAppellate ReviewMental AbnormalityDangerous Sex OffenderEvidentiary Rules
References
7
Case No. 2017 NY Slip Op 07357
Regular Panel Decision
Oct 19, 2017

Matter of Kathleen NN. (Dennis NN.)

This case involves three neglect proceedings initiated by the Sullivan County Department of Family Services and the Attorney for the Child against Dennis NN. (father), Justin EE. (mother's boyfriend), and Angelica FF. (mother) concerning Kathleen NN., an alleged neglected child. The Family Court of Sullivan County initially dismissed all three petitions. The Appellate Division, Third Department, reversed the dismissal concerning Dennis NN., finding that his actions of dropping the child during an altercation placed her in imminent danger of harm, thus granting the neglect petition against him and remitting the matter for a dispositional hearing. However, the Appellate Division affirmed the dismissals against Justin EE. and Angelica FF., concluding that there was insufficient evidence to prove neglect or that Justin EE. was a legal custodian at the time of the incident, and that the mother's conduct did not demonstrate imminent danger to the child.

Child NeglectFamily Court ActImminent DangerParental ResponsibilitySafety Plan Non-ComplianceAppellate DivisionChild CustodyPreponderance of EvidencePhysical AltercationChild Protective Report
References
17
Case No. 2024 NY Slip Op 03627 [229 AD3d 1116]
Regular Panel Decision
Jul 03, 2024

Dennis v. Cerrone

Plaintiff Joseph Dennis, an appellant, was injured after falling through an unguarded hole while working on a residential construction project for defendant Vincent Cerrone. He commenced an action against Cerrone and Mark Cerrone, Inc. (MCI), asserting causes of action for common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The case involved several appeals and a retrial, with the Supreme Court ultimately rendering a verdict in favor of MCI and dismissing the amended complaint. On appeal, the Appellate Division, Fourth Department, unanimously affirmed the order, concluding that the verdict was supported by a fair interpretation of the evidence. The court found that MCI did not possess the authority to enforce safety standards or direct and supervise the plaintiff's work, despite some evidence suggesting its involvement in the project.

Construction AccidentLabor Law ViolationsCommon-law NegligenceAppellate ReviewNonjury TrialSummary JudgmentDirected VerdictWeight of EvidenceCredibility DeterminationsSite Superintendent
References
9
Case No. MISSING
Regular Panel Decision
Sep 11, 2012

Jemine v. Dennis

This case concerns a lawsuit brought by multiple employees against their employer, Raven P.D. Dennis, III, and related entities, for violations of the Fair Labor Standards Act and New York Labor Law regarding unpaid wages and overtime compensation. The defendants failed to participate in the litigation, leading to a default judgment on liability. Magistrate Judge Marilyn D. Go issued a report and recommendation on damages, which was subsequently reviewed by District Judge Roslynn R. Mauskopf. The District Court largely adopted the Magistrate Judge's recommendations, granting the plaintiffs' motion for default judgment and damages. The final award included unpaid wages, overtime, liquidated damages, prejudgment interest, attorneys' fees, and costs.

Fair Labor Standards ActNew York Labor LawWage and Hour DisputeOvertime CompensationLiquidated DamagesPrejudgment InterestAttorneys' FeesDefault JudgmentEmployment LawJudicial Review
References
87
Case No. 2019 NY Slip Op 05971
Regular Panel Decision
Jul 31, 2019

Lozada v. St. Patrick's R C Church

Plaintiff Edwin Lozada sustained injuries after falling from a ladder while installing a video surveillance system at a school owned by defendant St. Patrick's RC Church. Lozada commenced an action alleging a violation of Labor Law § 240 (1). He moved for summary judgment on the issue of liability, but the Supreme Court denied his motion, finding triable issues of fact regarding whether the ladder was secured and if his actions were the sole proximate cause of his injuries. The Appellate Division affirmed the Supreme Court's order, concluding that Lozada failed to establish a prima facie violation of Labor Law § 240 (1) due to conflicting testimony about the accident.

Personal InjurySummary Judgment MotionLabor LawLadder FallProximate CauseTriable Issues of FactAppellate ReviewConstruction SafetyWorker InjurySafety Devices
References
8
Case No. CV-24-0652
Regular Panel Decision
May 29, 2025

In the Matter of the Claim of Lynn Cahill

The New York State Department of Mental Hygiene and its workers' compensation carrier appealed a Workers' Compensation Board decision regarding Lynn Cahill's emergency knee surgery. The Board found preauthorization unnecessary due to the surgery's emergency nature, addressing a severe work-related periprosthetic infection. The carrier argued against liability, citing lack of authorization and claimant's delayed reporting of symptoms. The Appellate Division affirmed the Board's determination, concluding that substantial evidence supported the finding of an emergency and that claimant's actions did not negate the carrier's responsibility for the treatment.

Emergency SurgeryWorkers' Compensation BoardPreauthorization ExceptionKnee InfectionPeriprosthetic InfectionCement Spacer SurgeryCarrier LiabilityAppellate ReviewMedical AuthorizationSchedule Loss of Use
References
6
Case No. CV-22-1999
Regular Panel Decision
Mar 21, 2024

In the Matter of the Claim of Dennis Schuette

Claimant Dennis Schuette appealed a Workers' Compensation Board decision which ruled he was not entitled to a schedule loss of use (SLU) award for a right wrist injury. The Board affirmed the Workers' Compensation Law Judge's finding that medical permanency opinions from orthopedic surgeons Serge Menkin and Vito Loguidice, both suggesting a 73⅓% SLU, were not credible. This was due to the claimant's failure to disclose his bilateral carpal tunnel syndrome diagnosis, testing, and treatment during their examinations. The Board concluded that Maximum Medical Improvement (MMI) was not clearly established, making any SLU determination premature, and that the relationship between the carpal tunnel syndrome and the 2019 wrist injury remained unclear. The Appellate Division affirmed the Board's decision, finding it supported by substantial evidence.

Schedule Loss of UseMaximum Medical ImprovementCarpal Tunnel SyndromeIndependent Medical ExaminationCredibility of Medical TestimonyWorkers' Compensation Board DecisionAppellate DivisionRight Wrist InjuryOccupational Disease ClaimUndisclosed Medical Information
References
5
Case No. CV-24-1068
Regular Panel Decision
Nov 20, 2025

In the Matter of the Claim of Lynn Pandolfi

The Appellate Division reversed a Workers' Compensation Board decision denying counsel fees to Grey & Grey, LLP. The law firm had represented Lynn Pandolfi in her workers' compensation claim but was relieved due to a breakdown in communication. The WCLJ and the Board denied fees, citing Workers' Compensation Law § 24 (3), which they interpreted to preclude fees when a prior attorney is not substituted by new counsel. The Appellate Division clarified that § 24 (3) applies to fee allocation between substituted attorneys and does not bar fees for an un-substituted attorney. The court remitted the matter for the Board to determine fees based on services rendered, considering the claimant's financial state.

Counsel FeesWorkers' Compensation Law § 24Statutory InterpretationAttorney-Client RelationshipSubstitution of CounselWorkers' Compensation BoardAppellate ReviewRemittalLegal RepresentationUnrepresented Claimant
References
3
Case No. MISSING
Regular Panel Decision
May 01, 2018

Tammy Lynn B. v. Comm'r of Soc. Sec.

Plaintiff Tammy Lynn B. sought judicial review of the Commissioner of Social Security's final decision denying her applications for Supplemental Security Income (SSI) and Disability Insurance Benefits (DIB). The Administrative Law Judge (ALJ) had previously denied her applications, which the Appeals Council affirmed. The court reviewed the ALJ's five-step disability evaluation process, focusing on his assessment of medical evidence and the claimant's subjective testimony regarding pain and limitations. The court concluded that the ALJ applied the correct legal standards and his findings were supported by substantial evidence. Therefore, the court denied Tammy's motion, granted the Commissioner's motion, affirmed the Commissioner's decision, and dismissed the complaint.

Social Security DisabilitySSI BenefitsDIB BenefitsALJ Decision ReviewSubstantial EvidenceMedical OpinionResidual Functional CapacityCredibilityFive-Step Evaluation ProcessDegenerative Disc Disease
References
33
Showing 1-10 of 317 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