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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4095638 (SJO 0257869)
Regular
Dec 17, 2008

JAMES A. WATSON vs. MISSION TRAIL WASTE SYSTEMS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to amend a previous award, finding that the applicant's psychiatric disability should be apportioned 55% to the industrial injury based on the Agreed Medical Evaluator's opinion. This adjustment reduced the total permanent disability indemnity to $50,150. The Board also ordered the attorney's fee to be commuted from the end of the award.

Workers' Compensation Appeals BoardMission Trail Waste SystemsState Compensation Insurance Fundlumbar spinepsychepermanent disabilityapportionmentagreed medical evaluatorAMEmedical treatment
References
0
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. MISSING
Regular Panel Decision

Tagare v. NYNEX Network Systems Co.

Plaintiff Neil Tagare filed an action against NYNEX entities and several individuals, alleging discrimination based on color and national origin, retaliation under Title VII and the New York Human Rights Law, and breach of contract. Defendants moved to dismiss the complaint on various grounds, including Rule 17(a) regarding real party in interest and ripeness for the contract claim, and the applicability of Title VII and HRL to individual defendants. The court denied dismissal for breach of contract against NYNEX Network Systems Company and upheld HRL claims against individual defendants based on aiding and abetting. The court granted dismissal of Title VII claims against individual defendants and partially granted dismissal of the breach of contract claim against other defendants, while denying the motion for a more definite statement.

Employment DiscriminationNational Origin DiscriminationColor DiscriminationRetaliationBreach of ContractMotion to DismissTitle VIINew York Human Rights LawFederal Rules of Civil ProcedureIndividual Liability
References
31
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Communications Workers of America District 1

The lawsuit, filed by Cablevision Systems against Communications Workers of America District 1 (CWA) and individual defendants, sought to address alleged harassment, trespass, stalking, disorderly conduct, and tortious interference with business relations. These claims arose from the defendants' purported disruption of two private Cablevision events in May 2013, a shareholder meeting and an investors' conference. The defendants moved to dismiss the complaint. The court granted the motion, ruling that a corporate entity like Cablevision Systems cannot be considered a "person" for the purpose of bringing statutory claims under the Penal Law sections cited (harassment, stalking, disorderly conduct). Furthermore, the court found the claims for common-law trespass and tortious interference insufficient due to the plaintiff's failure to demonstrate that individual union members authorized or ratified the alleged unlawful actions. Consequently, the plaintiff's complaint was dismissed entirely.

Labor DisputeUnion HarassmentCorporate EventsTrespassStalkingDisorderly ConductTortious InterferenceMotion to DismissPrivate Right of ActionPenal Law Interpretation
References
16
Case No. MISSING
Regular Panel Decision

Ganthier v. North Shore-Long Island Jewish Healthy System

Esther Ganthier sued North Shore-Long Island Jewish Health System, Susan Tobin, GreyStone Staffing, Inc., and Karen Westerlind alleging race and national origin discrimination, First Amendment retaliation, and conspiracy. GreyStone and Westerlind moved to dismiss, while Ganthier cross-moved for leave to amend her complaint. The Court granted the motion to dismiss all claims against GreyStone and Westerlind, finding individuals are not liable under Title VII and GreyStone was not named in the EEOC charge. It also dismissed Section 1981, First Amendment retaliation, and conspiracy claims due to pleading deficiencies. Consequently, the Court declined supplemental jurisdiction over state and city human rights laws against the dismissed defendants and denied Ganthier's cross-motion to amend as futile, instructing to amend the caption to reflect only North Shore-Long Island Jewish Health System and Susan Tobin as defendants.

DiscriminationNational Origin DiscriminationRace DiscriminationFirst Amendment RetaliationConspiracyMotion to DismissLeave to AmendTitle VII ClaimsSection 1981 ClaimsFederal Civil Procedure Rules
References
34
Case No. 517789
Regular Panel Decision
Nov 06, 2014

MatterofSyracuseHaulersWasteRemoval,Inc.vMadisonCountyDepartmentofSolidWasteandSanitation

Syracuse Haulers Waste Removal, Inc., a commercial waste hauler, was cited by the Madison County Department of Solid Waste and Sanitation for violating Local Law No. 3 (2004) by failing to deliver 16 loads of construction debris to the County's landfill. After a hearing, the Madison County Board of Hearing found a violation, determining the loads were construction debris, not recyclables. Syracuse Haulers challenged this interpretation, but the Supreme Court dismissed their petition. The Appellate Division affirmed, ruling that the Board's interpretation of Local Law No. 3 was reasonable and that the local law was not superseded by state environmental law, as stricter local laws are permissible if not inconsistent with state legislation.

Waste ManagementEnvironmental LawLocal LawFlow ControlRecyclingConstruction DebrisDeclaratory JudgmentAdministrative ReviewAppellate DivisionNew York
References
10
Case No. MISSING
Regular Panel Decision
Sep 04, 2015

In re Barrier Window Systems, Inc.

Barrier Window Systems, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found Barrier liable for additional unemployment insurance contributions for its installers. Barrier, which transitioned from installing to selling building products and arranging installations via subcontractors, argued it was not a contractor under the Fair Play Act and that its installers were independent contractors. The Board determined that Barrier continued to engage in construction by arranging installations and that the installers did not meet all three criteria of the Fair Play Act's ABC test for independent contractor status. The Court affirmed the Board's decision, finding it supported by substantial evidence, thereby upholding Barrier's liability.

Unemployment InsuranceIndependent ContractorWorker MisclassificationConstruction Industry Fair Play ActLabor LawABC TestEmployment RelationshipSubstantial EvidenceAdministrative AppealStatutory Presumption
References
7
Case No. MISSING
Regular Panel Decision

Morser v. AT & T INFORMATION SYSTEMS

Plaintiff Roy Morser filed an age discrimination complaint against defendant AT & T Information Systems (ATT-IS) after being laid off during a company-wide reduction-in-force. The court initially granted summary judgment in favor of ATT-IS, prompting Morser to file a motion for reargument. Morser based his motion on recent Second Circuit employment discrimination decisions, Montana and Ramseur, arguing that the court had overlooked or misapplied summary judgment standards, particularly regarding intent and drawing inferences in favor of the non-moving party. The court granted the motion for reargument, but upon reconsideration, reaffirmed its original decision to grant summary judgment to ATT-IS. The court found that its initial ruling had properly applied summary judgment standards and distinguished the facts of Morser's case from the precedents cited, noting the context of a massive layoff and lack of specific evidence of discriminatory intent.

Age DiscriminationSummary JudgmentReduction-in-Force (RIF)Rule 56 Fed.R.Civ.P.Rule 3(j) Civil Rules S.D.N.Y. & E.D.N.Y.Rule 59(e) Fed.R.Civ.P.Reargument MotionEmployment LawDisparate TreatmentSecond Circuit Precedent
References
20
Case No. MISSING
Regular Panel Decision

Clarke v. LR SYSTEMS

Walter Clarke, a 74-year-old former employee of Favorite Plastics, Inc., filed a products liability action against LR Systems and Lasits Rohline Service, Inc. for injuries sustained in an industrial accident on August 13, 1996. Clarke's right hand was pulled into an SG Granulator 300 machine, resulting in the loss of part of his thumb and injury to three fingers. He alleged negligence, strict products liability, and breach of warranty, claiming inadequate warnings and a design defect in the grinder. The court granted the defendant's motion for summary judgment on the failure-to-warn claim, finding Clarke was aware of the danger. However, the motion for summary judgment was denied on the defective design claims, ruling that the expert testimony regarding the feasibility of an interlocked guard was admissible.

Products LiabilityIndustrial AccidentGranulator MachineDesign DefectFailure to WarnSummary JudgmentExpert TestimonyNip Point HazardV-belt DriveMachine Safety
References
32
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