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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

New York Public Interest Research Group Straphangers Campaign, Inc. v. Metropolitan Transportation Authority

The Metropolitan Transportation Authority (MTA) faced a significant budget deficit and implemented fare/toll increases and token booth closures. Public interest groups challenged these decisions, alleging that the MTA's public hearing notices were misleading and incomplete regarding financial details and alternative solutions. Lower courts initially sided with the petitioners, vacating the MTA's actions. However, on appeal, the court reversed these rulings, asserting that the MTA's notices complied with statutory requirements and were neither false nor misleading. The court emphasized the legislative role in setting disclosure standards and affirmed the MTA's authority, especially concerning the Triborough Bridge and Tunnel Authority's toll-fixing powers. Consequently, the petitions were dismissed, upholding the MTA's original decisions.

Public TransportationFare IncreaseToll IncreaseBudget DeficitPublic HearingsStatutory ComplianceJudicial ReviewAdministrative LawPublic Authorities LawCPLR Article 78
References
13
Case No. MISSING
Regular Panel Decision

Kessel v. Public Service Commission

This case involves an appeal challenging a rate increase granted to the Long Island Lighting Company (LILCO) by the Public Service Commission. LILCO had requested the increase due to severe financial difficulties and the anticipated non-operation of its Shoreham nuclear plant, leading to a "Financial Stability Adjustment" (FSA) to improve cash flow without increasing income. Petitioners initiated a CPLR article 78 proceeding, asserting that the Commission failed to exercise proper discretion, did not adequately consider ratepayers' interests, and improperly shifted the burden of proof. The court affirmed the Commission's decision, finding that it had appropriately balanced the interests of consumers and investors to preserve LILCO's financial integrity and ensure reliable service. The court also dismissed allegations regarding the burden of proof and judicial bias, concluding that the Commission's determinations were rational and supported by the record.

Rate IncreasePublic Service CommissionLong Island Lighting Company (LILCO)Financial Stability Adjustment (FSA)Utility RegulationAdministrative LawJudicial ReviewUtility RatesShoreham Nuclear PlantBurden of Proof
References
4
Case No. MISSING
Regular Panel Decision
Feb 05, 1980

Hospital Service Plan v. Warehouse Production & Sales Employees Union

The appellants, who are successors in interest to the original defendants, appealed an order from the Supreme Court, Queens County. The order denied their motion to compel the plaintiffs to execute a 'satisfaction piece' after the appellants paid the judgment with interest calculated at the New York rate. The appellate court affirmed the denial, holding that according to the principles of full faith and credit, the judgment from New Jersey required interest to be paid at the 8% New Jersey rate, not the 6% New York rate. Additionally, the appellants were deemed responsible for the Sheriff's levy costs because they failed to properly serve the Sheriff with a stay of execution, thereby necessitating the levy.

Judgment EnforcementFull Faith and CreditInterest RatesSheriff's LevySatisfaction PieceNew Jersey JudgmentNew York LawCivil ProcedureAppellate ReviewCourt Costs
References
2
Case No. MISSING
Regular Panel Decision
Jun 22, 1999

Claim of Mace v. Owl Wire & Cable Co.

The claimant's husband suffered a heart attack in 1971 and died in 1991, with the death causally related to the 1971 injury. The Workers’ Compensation Board determined that a 3% interest rate, applicable to 1971 accidents under Workers’ Compensation Law § 27 (5), should be used to calculate the present value of the death benefits award to be paid into the Aggregate Trust Fund. The workers’ compensation carrier appealed, contending that the 6% rate, in effect at the time of the decedent's death in 1991, should apply. The court affirmed the Board's decision, holding that the statutory interest rate for calculating the present value of awards to the Aggregate Trust Fund is tied to the date of the original accident, not the subsequent causally-related death. This interpretation aligns with legislative intent and prior Board decisions.

Workers' CompensationAggregate Trust FundInterest Rate CalculationStatutory InterpretationDeath BenefitsDate of AccidentLegislative IntentPresent ValueInsurance Carrier LiabilityAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

C.E.L. Lumber, Inc. v. Roberts

The petitioner, a contracting business, was hired to convert a two-family house into a community residence in Franklin County. A Department of Labor inspection found the petitioner was paying employees less than prevailing wages for public works projects, initially advising residential rates. Later, the Department asserted the higher general construction rate applied, withholding funds and assessing a $6,260 underpayment plus interest. A subsequent hearing upheld the general rate and deemed the underpayment willful, imposing a $750 civil penalty and 10% punitive interest. This court affirmed the applicability of the general wage rate, but annulled the $750 civil penalty and reduced the interest rate to 6%, finding no evidence of willful underpayment given the petitioner's immediate compliance and lack of prior violations. The matter was remitted for further proceedings consistent with the modification.

Public Works ProjectPrevailing WageUnderpaid WagesCivil PenaltyLabor Law § 220CPLR Article 78Community ResidenceGeneral Construction RateResidential Construction RateWillful Underpayment
References
1
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Eric Lutz Construction, Inc. v. McGowan

Eric Lutz Construction, Inc. filed a CPLR article 78 petition seeking review of a New York State Department of Labor determination. The Department of Labor found the petitioner willfully violated Labor Law § 220 by underpaying 43 workers on public works contracts, ordering $141,787.28 in back wages, a 16% interest rate, a 25% civil penalty, and a five-year debarment. The court found substantial evidence supported the finding of willful violation and the order for back wages. However, pursuant to a stipulation, the court annulled the 16% interest rate and the civil penalty, remitting the matter for a new interest rate not exceeding 6%. The determination was otherwise confirmed, and the proceeding was largely dismissed on the merits.

Prevailing WagePublic Works ContractLabor LawCPLR Article 78Wage UnderpaymentCivil PenaltyInterest RateDebarmentWillful ViolationStipulation
References
6
Case No. 32 NY3d 991
Regular Panel Decision
Sep 18, 2018

Matter of Spence v. New York State Dept. of Agric. & Mkts.

Petitioners, including Wayne Spence (President of the New York State Public Employees Federation) and two state dairy product specialists, challenged a policy by the New York State Department of Agriculture and Markets. The policy prohibited employees responsible for inspecting regulated entities from campaigning for or holding elected office, citing conflict of interest. Petitioner Gregory Kulzer's request to serve as a county legislator was denied after he had previously been approved and elected, leading to a formal policy revision. Petitioners initiated a hybrid declaratory judgment action/CPLR article 78 proceeding, arguing the policy violated First Amendment rights. The Supreme Court and Appellate Division rejected their claims, applying the Pickering standard. The Court of Appeals affirmed the order, finding the policy not unconstitutional. However, dissenting Judges Rivera and Wilson argued that the lower courts erred by not applying the heightened 'exacting scrutiny' standard established in United States v Treasury Employees and reaffirmed in Janus v State, County, and Municipal Employees, which applies to widespread limitations on public employee speech. They would have reversed and remanded the case for reconsideration under this stricter standard.

First AmendmentPublic Employee SpeechConflict of InterestHatch ActExacting ScrutinyPickering StandardJudiciary LawFreedom of SpeechGovernment PolicyElected Office
References
21
Case No. 99-11240 B, 08-CV-774A, Adv. No. 01-1193B
Regular Panel Decision
Nov 01, 2010

McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)

This memorandum opinion addresses the calculation of prejudgment interest on fraudulent transfer claims recovered by Gerard A. McHale, Jr., P.A., as Trustee for the 1031 Debtors Liquidation Trust, against the Boulder Defendants. The Court determined that three transfers in 2005 and 2006 were fraudulent under section 548(a) of the Bankruptcy Code. It concludes that the Trustee is entitled to prejudgment interest from the adversary proceeding commencement date, March 20, 2009, at the bank prime loan rates in effect on the dates of each transfer (6.5%, 8.0%, and 8.25%). Additionally, the Trustee is entitled to post-judgment interest at the federal judgment rate, and a final judgment is to be entered pursuant to Federal Rule of Civil Procedure 54(b).

Prejudgment InterestFraudulent TransferBankruptcy CodeAdversary ProceedingFederal Judgment RateMarket Rate InterestPrime RateRule 54(b) JudgmentTrustee RecoveryBankruptcy Court
References
26
Case No. MISSING
Regular Panel Decision

In Re United States Lines, Inc.

The United States Lines, Inc. and its Reorganization Trust (Debtors) moved to deny a claim for pre- and post-judgment interest filed by the Public Administrator of the County of New York, Administrator of the Estate of Alfredo Valverde (Claimant). The Claimant's original wrongful death action against U.S.L. resulted in a state court judgment after the Debtors filed for Chapter 11 bankruptcy. The Bankruptcy Court, presided over by Judge Cornelius Blackshear, found that the doctrines of full faith and credit, res judicata, and collateral estoppel were inapplicable, asserting its exclusive jurisdiction over the claims allowance process in bankruptcy. Applying Section 502(b)(2) of the Bankruptcy Code, the court disallowed all post-petition interest, whether pre- or post-judgment, classifying it as unmatured interest. However, the court allowed the portion of the claim representing pre-petition, pre-judgment interest, clarifying that the date of judgment entry does not determine whether interest is 'unmatured' as of the petition date. Lastly, the court rejected the argument that the existence of indemnity insurance from the UK Club altered the allowability of the interest claim against the Debtors' estate.

Bankruptcy LawInterest on ClaimsPostpetition InterestPrepetition InterestUnmatured InterestChapter 11 ReorganizationClaims AllowanceRes JudicataCollateral EstoppelAutomatic Stay
References
27
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