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
Oct 26, 2009

In re Moona C.

An order of disposition from the Family Court, New York County, entered on October 26, 2009, was unanimously affirmed on appeal. This order brought up for review a fact-finding order from May 1, 2009, which determined that the respondent mother neglected her children. The appeal from the fact-finding order was dismissed as it was subsumed by the appeal from the dispositional order. The court also noted that the respondent's challenge to an interim visitation suspension was moot and not properly before the court. Furthermore, the Family Court's decision to permit one of the children, Robina C., to testify in camera was upheld, as it appropriately balanced the respondent's due process rights with the child's emotional well-being by allowing contemporaneous cross-examination by counsel. The affidavit of the social worker supporting the in camera testimony was found sufficient despite challenges to her expertise.

Family LawChild NeglectParental RightsIn Camera TestimonyDue ProcessVisitation RightsAppellate ReviewFact-FindingDispositional OrderMootness
References
4
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. ADJ10930523
Regular
May 10, 2018

FABIAN RODRIGUEZ vs. BRIGHTVIEW LANDSCAPING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to add specific findings to a prior order. The Board affirmed sanctions against applicant's attorney, Guy Frank Michael Candelaria, totaling $2,500.00, plus $4,384.00 in defense costs. These sanctions stem from Candelaria's misrepresentations to defense counsel and the court regarding his attorney status during a period of suspension and his failure to appear or respond to court orders. The Board also noted evidence of Candelaria's continued practice and involvement in multiple other cases during his suspension.

Workers Compensation Appeals BoardSanctionsAttorney's FeesReconsiderationPetitionWCJNotice of IntentionState Bar SuspensionUnauthorized Practice of LawMaterial Misrepresentation
References
0
Case No. MISSING
Regular Panel Decision

Vodopia v. Rider

The court reviewed an order granting the examination of defendant Joseph Flynn before trial. The order was modified in two key areas. Firstly, item (b) of the first ordering paragraph was amended to specify the defendants' actions related to removing the plaintiff's employees from work on contracts around May 18, 1936, and the subsequent refusal to allow union members to continue work. Secondly, the second ordering paragraph was modified to direct Joseph Flynn to produce all relevant records, minute books, and documents pertaining to the removal of workmen or work suspension on plaintiff's contracts in May 1936 at the Coney Island Sewage Treatment Plant, and any acts preventing union employment. As modified, the order was affirmed without costs by Justices Lazansky, P. J., Hagarty, Davis, Johnston, and Close.

Examination Before TrialPre-trial DiscoveryOrder ModificationAffirmed OrderLabor DisputeEmployee RemovalWork StoppageRecord ProductionUnion EmploymentContract Disputes
References
0
Case No. ADJ771710
Regular
Jan 12, 2012

CRIS PADILLA vs. HCI, INC., NATIONAL UNION FIRE INSURANCE COMPANY

The applicant sought reconsideration of an order suspending workers' compensation benefits for missing two medical evaluations, claiming he never received notice. The Board granted reconsideration, treating the petition as an objection to the original order. The Board rescinded the suspension order and returned the case to the trial judge to determine if there was good cause to set aside the original order. The applicant's claim of lack of notice will now be evaluated for good cause.

Workers' Compensation Appeals BoardPanel Qualified Medical EvaluationsPetition for ReconsiderationGood CauseObjectionRescinded OrderReturned to Trial LevelWCJ
References
1
Case No. MISSING
Regular Panel Decision
Oct 03, 2011

Casas v. Consolidated Edison Co. of New York, Inc.

This case concerns an appeal of an order from the Supreme Court, New York County, regarding a conditional preclusion order issued in October 2006. The defendant's answer was deemed stricken due to their failure to comply with discovery requirements within 30 days, making the order self-executing. The court found that the defendant failed to provide a reasonable excuse for non-compliance or a meritorious defense. The order was modified to prevent the plaintiff from litigating an accident-related disability claim subsequent to September 5, 2008, citing a preclusive Workers’ Compensation Board decision. The Appellate Division panel unanimously concurred with the modified decision, affirming the striking of the defendant's answer while imposing a limitation on the plaintiff's disability claims.

Discovery SanctionsConditional Preclusion OrderWorkers' Compensation BoardAccident-related DisabilitySummary JudgmentDefault JudgmentMeritorious DefenseSelf-Executing OrderAppellate DivisionNew York Law
References
4
Case No. MISSING
Regular Panel Decision

Dubinsky v. Joseph Love, Inc.

A motion seeking an order to affirm a prior order and judgment and to vacate a previous determination and order of the court was considered and denied by the judicial panel. The panel included Justices Martin, Townley, Callahan, and Peck.

Motion PracticeOrder AffirmanceJudgment AffirmancePrior DeterminationOrder VacaturJudicial Panel DecisionAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Randall v. Toll

Petitioner, a senior financial secretary at SUNY Stony Brook, was suspended without pay under Civil Service Law section 75 following charges of misappropriation. He challenged the suspension, arguing it violated his Fourteenth Amendment due process rights by denying a pre-suspension hearing. The court evaluated the constitutionality of Civil Service Law section 75(3), which permits temporary suspension without pay pending charge determination. It concluded that the state's interest did not justify postponing a hearing, especially since the petitioner had been reassigned from his sensitive role. Consequently, the court vacated the suspension and ordered the petitioner's immediate reinstatement, emphasizing the necessity of a prior hearing for public employee suspensions.

Due ProcessFourteenth AmendmentCivil Service LawPublic Employee RightsSuspension Without PayPre-Suspension HearingGovernmental InterestProperty RightsReinstatementMisconduct Charges
References
4
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. MISSING
Regular Panel Decision

Padberg v. McGrath-McKechnie

This case addresses a legal challenge to "Operation Refusal," an initiative by the New York City Taxi and Limousine Commission (TLC) aimed at increasing disciplinary actions against taxi drivers for service refusals. Plaintiffs, including individual taxi drivers and the New York Taxi Workers Alliance, contended that two policies of Operation Refusal—summary license suspension and post-hearing suspension/revocation—violated their Fourteenth Amendment due process rights. The Court granted summary judgment for the plaintiffs regarding the summary suspension policy, ruling it unconstitutional for depriving drivers of their licenses without adequate prior or post-suspension hearings. However, the Court largely denied the challenge to the post-hearing suspension/revocation policy, finding the rule not unconstitutionally vague, but allowed discovery on potential bias among TLC Administrative Law Judges. A preliminary injunction was issued, ordering the return of summarily suspended licenses to drivers awaiting a merits determination.

Due ProcessTaxi RegulationLicense SuspensionLicense RevocationCivil Rights Litigation42 U.S.C. § 1983Administrative Law JudgeSummary Judgment MotionPreliminary InjunctionGovernment Overreach
References
63
Showing 1-10 of 24,160 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