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

Angulo v. City of New York

In a personal injury action, the defendant City of New York appealed an order from the Supreme Court, Queens County. The original order denied the City's motion to dismiss the complaint for failure to timely serve a notice of claim and granted the plaintiff's cross-motion to deem his notice of claim timely served nunc pro tunc. The plaintiff, injured in May 2005, served his notice of claim in August 2005, which the City rejected as untimely. The Appellate Division reversed the lower court's order, granting the City's motion to dismiss the complaint and denying the plaintiff's cross-motion. The court held that timely service of a notice of claim is a condition precedent to suing the City and that the plaintiff failed to make a timely application for leave to serve a late notice of claim. Furthermore, the court ruled that the plaintiff could not rely on the workers' compensation carrier's notice of claim.

Personal InjuryNotice of ClaimTimelinessCondition PrecedentCPLR 3211(a)(7)General Municipal Law § 50-eDismissal of ComplaintLate Notice of ClaimNunc Pro TuncWorkers' Compensation Carrier
References
7
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. MISSING
Regular Panel Decision
May 05, 2014

Matter of Galuski v. New York State Division of Military and Naval Affairs

Claimant suffered a work-related back injury and utilized leave credits for her absence, during which she received full wages. A Workers’ Compensation Law Judge (WCLJ) awarded benefits and directed the employer's insurance carrier to reimburse the employer for wages paid. While the carrier timely reimbursed the employer, the employer delayed restoring the claimant's accrued leave credits for nearly a year. The claimant sought to impose a penalty on the employer under Workers’ Compensation Law § 25 (3) (f) for this delay. Both the WCLJ and the Workers’ Compensation Board declined the penalty. The appellate court affirmed, ruling that the cited Workers’ Compensation Law provision for penalties applies when there is a failure to make compensation payments according to the award's terms, and the initial award did not include an obligation for the employer to timely restore leave time to the claimant.

Workers' CompensationLeave CreditsPenaltyReimbursementTimelinessBack InjuryWCLJ DecisionAppellate ReviewStatutory InterpretationWorkers' Compensation Law § 25 (3) (f)
References
1
Case No. MISSING
Regular Panel Decision

Claim of Jefferson v. Bronx Psychiatric Center

Claimant, an employee of the State of New York at the Bronx Psychiatric Center, sustained an injury and was disabled for 19 days. During this period, the employer paid full wages, charging the time against her accrued sick leave. The Workers’ Compensation Board affirmed a referee's decision denying the employer reimbursement for the first 10 days of paid sick leave, as the sick leave was not restored to the claimant. The employer appealed, arguing its entitlement to reimbursement. The court affirmed the Board’s decision, holding that payments made under statutory or collective bargaining agreement compulsion, where sick leave credits with monetary value are not restored, do not constitute advance payments for which reimbursement is due under Workers’ Compensation Law § 25(4)(a).

ReimbursementSick LeaveWorkers' Compensation LawCollective Bargaining AgreementAdvance PaymentsState EmployeesDisability BenefitsEmployer ObligationCompulsory PaymentsVested Rights
References
7
Case No. MISSING
Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

This case arises from a dispute between Time Warner and Fox concerning Time Warner's decision not to carry Fox News on its New York City cable channels. Fox initially sued Time Warner, prompting Time Warner to file counterclaims alleging that Fox conspired with New York City officials to unlawfully coerce Time Warner into carrying Fox News. Time Warner's counterclaims assert violations of its First Amendment and Due Process rights under 42 U.S.C. § 1983, and tortious interference with contractual relations. Fox moved to dismiss these counterclaims, arguing that its actions were protected by the Noerr-Pennington doctrine, which generally shields lobbying activities. The court denied Fox's motion, concluding that Time Warner had adequately alleged a conspiracy and that the Noerr-Pennington doctrine might not apply if Fox's conduct was found to be illegal or corrupt, thus allowing the counterclaims to proceed.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss
References
17
Case No. MISSING
Regular Panel Decision

Busch v. Lewis

The court addressed two motions. Firstly, a motion for leave to appeal to the Court of Appeals was considered and subsequently denied, with the imposition of ten dollars in costs. Secondly, a motion seeking an extension of time to answer was reviewed. This motion was granted, allowing the respondent an additional five days to answer following the service of the order. The decision was rendered by a panel of judges including Martin, P. J., Townley, Glennon, Dore, and Cohn, JJ.

Leave to Appeal DeniedExtension of Time GrantedAppellate ProcedureCourt CostsService of Order
References
0
Case No. MISSING
Regular Panel Decision
Oct 25, 1989

Claim of Moses v. City of New York Department of Traffic

On December 17, 1981, a claimant sustained a compensable injury while employed by the City of New York Department of Traffic. The employer paid the claimant for lost time and later sought reimbursement under Workers' Compensation Law § 25 (4). The claimant, who was on an extended leave of absence and serving as a union president, requested direct payment for the lost time, arguing she was no longer an employee. Both the Workers' Compensation Law Judge and the Board denied direct payment. The Board's decision, which was subsequently affirmed on appeal, reasoned that the claimant could still utilize her credited leave time upon returning to work or be compensated for it upon resignation.

Workers' CompensationLeave of AbsenceReimbursementDirect PaymentEmployer-Employee RelationshipAccrued Leave TimeWage ReimbursementUnion PresidentCompensable InjuryAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. MISSING
Regular Panel Decision
May 07, 2003

Rypkema v. Time Manufacturing Co.

Rose Rypkema and Ted Rypkema sued Time Manufacturing Company for product liability after Rose Rypkema suffered injuries using a "Versalift" boom lift, alleging design defect and breach of warranty. Time moved for summary judgment, seeking to exclude the Rypkemas' expert, Nicholas Bellizzi, whose testimony lacked scientific methodology and testing for proposed alternative designs. District Judge Sweet, applying Daubert and Kumho Tire standards, excluded Bellizzi's testimony. Consequently, with no expert evidence to support the product liability claim, the court granted Time's motion to dismiss the complaint and Savvy Systems, Ltd.'s cross-motion to dismiss the third-party complaint, concluding there was insufficient evidence for product liability.

Product LiabilityExpert TestimonyDaubert StandardKumho Tire StandardSummary JudgmentDesign DefectFailure to WarnEngineering MethodologyAerial LiftLatch Failure
References
26
Case No. MISSING
Regular Panel Decision

Claim of Jones v. Chevrolet-Tonawanda Division, GMC

This case involves appeals from two decisions by the Workers’ Compensation Board concerning a self-insured employer’s entitlement to credit for holiday wages paid to disabled employees. Claimants Hanks and Jones were injured during employment, resulting in lost time, including holidays. The employer paid them compensation for lost time but also provided full wages for holidays as per collective bargaining agreements, subsequently seeking reimbursement under Workers’ Compensation Law § 25 (4)(a). The Board denied these reimbursement requests, stating that holiday pay was a contractual right and not intended to be in lieu of compensation. The appellate court reversed the Board’s decisions, ruling that denying reimbursement would lead to claimants receiving both full wages and compensation for the holidays, creating an imbalance. Therefore, the employer is entitled to reimbursement, and the matters are remitted to the Workers’ Compensation Board for further proceedings consistent with this decision.

Workers' CompensationHoliday PayReimbursementCollective Bargaining AgreementDisabled EmployeesLost WagesSelf-Insured EmployerAppellate ReviewBoard Decision ReversalStatutory Interpretation
References
2
Showing 1-10 of 5,920 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