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. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. ADJ8350670
Regular
Jun 24, 2014

SALOMON LOPEZ vs. D & T FOODS, ILLINOIS MIDWEST INSURANCE CO.

This case involves a dispute over the approval of a Compromise and Release (C&R) in a workers' compensation claim. The applicant sustained injuries to his back, legs, and abdomen. The WCJ issued an order requiring further medical evaluation despite the parties filing an amended C&R. The defendant petitioned for removal, arguing the WCJ's order was inappropriate. The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.

Petition for RemovalCompromise and ReleaseWCJ OrderQME evaluationAME evaluationabdominal aspectsdriver unloaderindustrial injurypermanent disability advancesattorney's fee
References
0
Case No. 2019 NY Slip Op 01291 [169 AD3d 1240]
Regular Panel Decision
Feb 21, 2019

Matter of Logan C. (John C.)

This case involves an appeal by John C. from orders of the Family Court of Schuyler County, which adjudicated his children, Logan C. and another, to be permanently neglected and terminated his parental rights. The children were initially removed from respondent's custody after the daughter sustained severe injuries, leading to findings of abuse and neglect. Despite petitioner Schuyler County Department of Social Services' diligent efforts to provide services like mental health counseling and parent education, respondent failed to adequately plan for the children's future or address the underlying issues, including failing to engage in consistent mental health treatment and parent education, and maintaining contact with the caretaker responsible for the daughter's injuries. The Appellate Division, Third Department, found ample support for the Family Court's determination of permanent neglect and affirmed the termination of respondent's parental rights, concluding it was in the children's best interests given their progress in foster care and respondent's lack of substantial improvement. The court dismissed the appeal from the fact-finding order as non-dispositional, but reviewed the issues in conjunction with the appeals from the dispositional orders.

Parental Rights TerminationChild NeglectChild AbuseAppellate ReviewFamily LawSocial Services LawDiligent EffortsReunification PlanBest Interests of ChildrenPsychological Evaluation
References
23
Case No. MISSING
Regular Panel Decision
Jun 05, 1997

In re C. Children

The Family Court's orders of disposition, which extended Alex C.'s foster care and placed Wilson C. in foster care, were unanimously affirmed. The court found that the foster care agency's discharge plan, prioritizing bonding with Wilson before Alex, was in the children's best interests due to Alex's extensive needs from "shaken baby syndrome." Respondents demonstrated acceptance of ultimate responsibility for Alex's injuries through compliance with therapy and improved parenting skills, convincing social workers and doctors. The decision emphasized according great respect to Family Court's findings regarding an early discharge from foster care.

Family LawChild AbuseChild NeglectFoster CareParenting SkillsShaken Baby SyndromeVisitation RightsChild WelfareBest Interests of the ChildJudicial Review
References
2
Case No. 26 NY3d 107 (2016)
Regular Panel Decision
Jun 09, 2016

S.B. v. A.C.C.

This case addresses the definition of "parent" under Domestic Relations Law § 70 (a) for purposes of custody and visitation for unmarried couples. The New York Court of Appeals overrules its 1991 decision in Matter of Alison D. v Virginia M., which had limited parental standing to biological or adoptive parents. The Court now holds that a non-biological, non-adoptive partner has standing if they can show by clear and convincing evidence that the parties agreed to conceive and raise a child together. In Matter of Brooke S.B. v Elizabeth A.C.C., the Appellate Division's order is reversed and the matter remitted for further proceedings under this new standard. In Matter of Estrellita A. v Jennifer L.D., the Appellate Division's order is affirmed, upholding standing based on judicial estoppel. This decision aims to address the unworkability of the Alison D. rule in light of evolving familial relationships, particularly for same-sex couples, and to protect the best interests of children.

Parental RightsCustodyVisitationSame-Sex CouplesNontraditional FamiliesEquitable EstoppelJudicial EstoppelPre-Conception AgreementDomestic Relations LawOverruling Precedent
References
28
Case No. 2014-1942 K C
Regular Panel Decision
Sep 22, 2017

AL Acupuncture, P.C. v. Geico Ins. Co.

This case, AL Acupuncture, P.C. v Geico Ins. Co., concerns an appeal from a Civil Court order regarding assigned first-party no-fault benefits. The plaintiff, AL Acupuncture, P.C., sought summary judgment for services rendered, while defendant Geico Insurance Company cross-moved for dismissal. The Appellate Term modified the lower court's order. It denied the plaintiff's motion for summary judgment on claims from September 8 to September 25, 2008, citing the plaintiff's failure to prove the claim was not timely denied and issues with IME scheduling evidence. Conversely, the court granted the defendant's cross-motion, dismissing claims for services from July 8 to September 5, 2008, as Geico demonstrated timely denial and payment under the workers' compensation fee schedule. The order was affirmed as modified.

No-fault benefitsSummary judgmentIndependent medical examinationsTimely denialWorkers' compensation fee scheduleAcupuncture servicesAppellate TermProvider actionAssigned claimsCivil Court order
References
5
Case No. 2014-1947 K C
Regular Panel Decision
Sep 08, 2017

Acupuncture Now, P.C. v. State Farm Mut. Auto. Ins. Co.

This case involves an appeal by Acupuncture Now, P.C., as assignee, against State Farm Mutual Automobile Insurance Co. from an order of the Civil Court. The order granted State Farm's motion for summary judgment to dismiss certain causes of action and to compel plaintiff's deposition. Acupuncture Now, P.C. contested State Farm's fee reductions for acupuncture services, which were based on the workers' compensation fee schedule for chiropractors. The Appellate Term affirmed the lower court's decision, upholding that insurers may use this fee schedule for licensed acupuncturists. Furthermore, the court found the order compelling plaintiff's deposition proper, as State Farm was defending the remaining cause of action on grounds of lack of medical necessity.

No-fault benefitsAcupuncture servicesFee scheduleWorkers' compensationSummary judgmentDepositionMedical necessityInsurance disputeAppellate TermChiropractic services
References
2
Case No. 2015-516 Q C
Regular Panel Decision
Dec 19, 2017

Healthway Med. Care, P.C. v. Global Liberty Ins.

The case "Healthway Med. Care, P.C. v Global Liberty Ins." involved an appeal by Healthway Medical Care, P.C. against Global Liberty Insurance concerning assigned first-party no-fault benefits. The plaintiff appealed an order from the Civil Court, Queens County, which denied the plaintiff's motion for summary judgment on certain causes of action (third through tenth) and granted the defendant's cross-motion to dismiss those same causes of action. The Appellate Term, Second Department, modified the Civil Court's order by denying the branches of the defendant's cross-motion seeking summary judgment to dismiss the third through tenth causes of action. The court found the defendant failed to establish that fees exceeded workers' compensation schedules or that independent medical examinations (IMEs) were properly scheduled. However, the plaintiff was not granted summary judgment either, as they failed to demonstrate that the claims were not timely denied or that the denials were without merit. The order was affirmed as modified.

No-fault benefitssummary judgmentindependent medical examinationIME schedulingfee scheduleworkers' compensationappellate reviewcivil proceduremedical billingassigned claims
References
6
Case No. ADJ8500075
Regular
Oct 27, 2015

RUDI QUINTEROS vs. STAMOULES PRODUCE, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant sought removal after the WCJ rescinded an order approving a compromise and release (C&R). The applicant claimed a "change of heart" as the basis for setting aside the C&R, which the defendant argued was insufficient grounds. The Appeals Board granted removal, rescinding the WCJ's order and substituting an order suspending the C&R approval. The case was returned to the WCJ to hold a status conference to allow the applicant to present arguments for setting aside the C&R.

Workers' Compensation Appeals BoardPetition for RemovalCompromise and ReleasePetition to Set AsideOrder Approving Compromise and ReleaseOrder Rescinding OrderGood CauseFraudMistakeUndue Influence
References
2
Case No. 2017-913 K C
Regular Panel Decision
Aug 02, 2019

Oriental Health Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

This case concerns an appeal initiated by Oriental Health Acupuncture, P.C., acting as the assignee of Carrington, Earnel, against State Farm Mutual Automobile Ins. Co. The appeal originated from an order by the Civil Court of the City of New York, Kings County, which had granted State Farm's motion for summary judgment and dismissed the plaintiff's complaint seeking first-party no-fault benefits. The Civil Court's decision was predicated on the finding that the amounts claimed by the plaintiff exceeded the limits established by the workers' compensation fee schedule. The Appellate Term, Second Department, affirmed the lower court's order. This decision was made in conjunction with a related case, BQE Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., decided concurrently.

No-fault benefitsSummary judgmentAppellate reviewWorkers' compensation fee scheduleAutomobile insuranceFirst-party benefitsMedical provider claimAssigned benefitsCivil Court appealAppellate Term decision
References
1
Showing 1-10 of 25,411 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