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

Case No. MISSING
Regular Panel Decision

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. MISSING
Regular Panel Decision

Claim of Beth V. v. New York State Office of Children & Family Services

Claimant, a youth division aide, suffered severe injuries including physical assault, rape, and kidnapping during work, leading to established workers' compensation benefits and a classification of permanent partial disability. She subsequently reached a $650,000 settlement in a federal civil rights action against her employer and co-employees for the same injuries. The workers' compensation carrier waived its lien for past benefits but asserted a right to a credit for future payments against the settlement under Workers’ Compensation Law § 29. The Workers’ Compensation Board reversed a Workers’ Compensation Law Judge’s decision, ruling in favor of the carrier's credit, finding the settlement covered the same injuries for which workers' compensation benefits were awarded. The appellate court affirmed the Board's decision, confirming the carrier's entitlement to a credit against the third-party settlement recovery.

Workers' CompensationThird-Party SettlementCredit Against RecoveryLienFuture BenefitsPermanent Partial DisabilityPTSDRapeCivil Rights ClaimFederal Lawsuit
References
4
Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. 2018 NY Slip Op 05652 [164 AD3d 1000]
Regular Panel Decision
Aug 02, 2018

Matter of Robinson v. Workmen's Circle Home

Barbara Robinson, a certified nurse's assistant, filed a claim for workers' compensation benefits for a work-related right shoulder injury in 2011. She received temporary disability payments totaling $133,807.48. In 2016, a Workers' Compensation Law Judge (WCLJ) awarded her a 42.50% schedule loss of use (SLU) to her right arm, amounting to $102,494.50, less prior payments. Robinson appealed the WCLJ's decision, arguing that the employer's carrier should not be credited for temporary partial disability payments against the SLU award. The Workers' Compensation Board disagreed, ruling that the carrier could credit all prior disability payments. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to differentiate between temporary total and temporary partial disability payments for credit purposes, thereby preventing an unjustifiable double recovery for the claimant.

Workers' CompensationSchedule Loss of UseTemporary Disability PaymentsCreditDouble RecoveryAppellate DivisionWork-Related InjuryRight Shoulder InjuryCarrier ReimbursementLegal Precedent
References
7
Case No. MISSING
Regular Panel Decision

Credit One Financial v. Anderson (In re Anderson)

Plaintiff Orrin Anderson, a debtor, had his credit card debt with Credit One discharged in bankruptcy, but the debt remained on his credit report as 'charged off.' Anderson reopened his bankruptcy case and filed a class action complaint against Credit One for alleged violations of the discharge injunction. Credit One moved to compel arbitration, strike class allegations, and dismiss for lack of subject matter jurisdiction, which the Bankruptcy Court denied. Credit One appealed the denial to compel arbitration as of right and sought leave to appeal the denials to strike class allegations and dismiss for lack of subject matter jurisdiction. The District Court denied Credit One's motion for leave to appeal, finding no basis for pendent appellate jurisdiction or interlocutory appeal for the additional issues.

Bankruptcy Discharge InjunctionClass Action WaiverSubject Matter JurisdictionInterlocutory AppealPendent Appellate JurisdictionArbitration AgreementFederal Statutory ClaimsContempt PowerPunitive DamagesInjunctive Relief
References
49
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. MISSING
Regular Panel Decision
Jun 20, 2011

DelRosario v. United Nations Federal Credit Union

Plaintiff, a carpenter employed by third-party defendant Eurotech Construction Corporation, sustained injuries after being struck by an energized and exposed electrical wire, causing him to fall from an A-frame ladder while working on a new building. The building was owned by defendant United Nations Federal Credit Union, with Tishman Construction Corp. as the general contractor and Petrocelli Electric Co. as the electrical subcontractor. The Supreme Court initially denied the plaintiff's motion for partial summary judgment on liability under Labor Law §§ 240 (1) and 241 (6). However, the Appellate Division unanimously reversed this decision, granting the plaintiff's motion. The court found that the ladder was inadequate to prevent the fall and was a proximate cause of the injury, and that the defendants violated 12 NYCRR 23-1.13 (b) (3) and (4) by failing to de-energize or prevent contact with the live electrical circuit.

Labor LawConstruction AccidentElectrical HazardLadder FallSummary JudgmentAppellate ReviewProximate CauseWorkplace InjuryNew York LawBuilding Construction
References
4
Case No. ADJ3673133 (VNO 0543877)
Regular
Sep 13, 2013

DAN GOLDFIELD vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration and modified a prior award to allow the defendant employer a $30,000 credit for temporary disability indemnity paid to a firefighter during the pendency of his retroactive disability retirement. While the Board agreed with the Administrative Law Judge that the employer was entitled to some credit for the overpayment, they exercised discretion under Labor Code Section 4909 to grant a partial credit, deeming a full credit inequitable. The Board found that the overpayment was made in good faith, but the applicant would suffer hardship if the full amount was credited, given the payments were due when made and the employer delayed in raising the credit issue. Therefore, a compromise credit of $30,000 was awarded instead of the initial $1,505.44 or the employer's requested $69,120.88.

Workers' Compensation Appeals BoardCity of West Covinafirefightertemporary disability indemnityoverpaymentcreditpermanent disabilitydisability retirementLabor Code section 4909substantial medical evidence
References
6
Case No. MISSING
Regular Panel Decision

Chu Chung v. New Silver Palace Restaurant, Inc.

Plaintiffs, waiters at The New Silver Palace Restaurant in New York City's Chinatown, sued the restaurant and four of its principals for violations of the Fair Labor Standards Act (FLSA) and New York Labor Law. The core of the dispute revolved around the restaurant's practice of forcing waiters to pool and share their tips with management, known as 'black jackets'. The court determined that this tip-sharing arrangement was illegal and that the individual defendants, due to their ownership and managerial roles, qualified as 'employers' under the FLSA. Consequently, the court granted the plaintiffs' motion for partial summary judgment on the issue of liability, ruling that the restaurant was not entitled to the tip credit against minimum wage and that the individual defendants were liable for damages, with the exact amount to be determined later.

Fair Labor Standards ActTip CreditMinimum WageTip PoolingNew York Labor LawEmployer LiabilitySummary JudgmentEconomic Reality TestRestaurant IndustryLabor Dispute
References
15
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
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