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. 2022 NY Slip Op 05144
Regular Panel Decision
Sep 13, 2022

Rosa v. 47 E. 34th St. (NY), L.P.

This case involves an appeal regarding the summary judgment motions in a Labor Law action stemming from an electrical accident. Decedent Danny Rosa, an employee of June Electrical Corp., was electrocuted while working on an energized bus duct at a building managed by Bridgestreet Corporate Housing, LLC and owned by 47 East 34th Street (NY), L.P. and CIM Group, L.P. The Supreme Court initially granted summary judgment dismissing plaintiff's Labor Law §§ 240 (1) and 241 (6) claims but denied dismissal of Labor Law § 200 and common-law negligence claims. The Appellate Division modified the orders, reinstating the Labor Law §§ 240 (1) and 241 (6) claims against 47 East 34th, CIM, and Bridgestreet, finding issues of fact regarding whether Rosa was compelled to work on an energized bus duct and the supervision of the work. The court affirmed the denial of summary judgment for June Electrical Corp. on indemnification and contribution claims, noting the failure to eliminate factual issues regarding grave injury.

Electrical AccidentLabor Law ClaimsSummary JudgmentWorkplace SafetyBuilding ConstructionElectrocutionAppellate ReviewDuty of CareCommon-Law NegligenceIndustrial Code Violations
References
17
Case No. ADJ11446545
Regular
Dec 03, 2019

ROSA LOPEZ RODRIGUEZ vs. UNIVERSAL BUILDING SERVICES SUPPLY COMPANY, INSURANCE COMPANY OF THE WEST

This case concerns a dispute over the appropriate medical specialty for a Qualified Medical Evaluator (QME) panel. The applicant, Rosa Lopez Rodriguez, initially requested a chiropractic QME panel, which was issued first. The defendant objected, arguing that chiropractic was inappropriate due to the applicant's prior surgery and lack of full recovery. The Medical Unit then invalidated the chiropractic panel and issued an orthopedic surgery panel. The Workers' Compensation Appeals Board granted reconsideration, overturning the WCJ's decision. The Board held that the party who first requests a QME panel has the right to designate the specialty and that the defendant failed to provide sufficient grounds to invalidate the chiropractic panel. Therefore, the Board amended the findings to sustain the applicant's objection and affirm chiropractic as the appropriate panel specialty.

AD Rule 31.5(a)(10)AD Rule 31.5(a)(9)AD Rule 31.1(b)Labor Code section 4062Labor Code section 4062.2Qualified Medical Evaluator (QME)QME panel specialtyPetition for RemovalPetition for ReconsiderationMedical Unit determination
References
1
Case No. MISSING
Regular Panel Decision
Nov 25, 1998

Lopez v. Tarana

This case involves an appeal from a judgment in three related actions concerning wrongful death and personal injuries stemming from a car accident. An intoxicated employee, Cynthia Tarana, after drinking at an unofficial work event, caused an accident resulting in one death and two injuries. The Supreme Court initially found Tarana negligent and her employer, C & H Pizza Corp., and supervisor, Denise LaBarbera, liable under the 'social host' statute, awarding damages to the plaintiffs Annette Lopez, Kara Kissane, and Catherine Rubino. The appellate court reversed the judgment, citing errors in determining the supervisor's scope of employment, the omission of fault apportionment for the employer and driver, and the award of damages to Annette Lopez without proof of economic loss. Consequently, the complaint seeking damages for Annette Lopez personally was dismissed, and a new trial was granted for the remaining causes of action.

Wrongful deathPersonal injuryVehicular manslaughterIntoxicated drivingSocial host liabilityScope of employmentJury verdictDamagesAppellate reviewReversal
References
2
Case No. ADJ10491451
Regular
Jun 03, 2019

ROSA MARIA BENITEZ LOPEZ vs. D \u0026 J PACKING, XL INSURANCE AMERICA, INTERCARE INSURANCE SERVICES

This case involves an appeal regarding Rosa Maria Benitez Lopez's workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration to correct errors in the initial decision. Specifically, the permanent disability indemnity rate was adjusted to $280.44 per week, and the permanent disability rating was reduced from 61% to 60% due to an improper inclusion of multiple ankle impairments. The Board otherwise affirmed the findings, including the entitlement to a supplemental job displacement voucher, and amended the attorney's fee proportionally.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFurther Findings and Awardseasonal field laborerindustrial injuryleft anklelow backshoulderskneeswrists
References
0
Case No. ADJ7167413; ADJ7167333
Regular
Aug 04, 2016

ROSA LOPEZ vs. SUPERIOR CENTER CONCEPTS, INC., CARE WEST, PEGASUS RISK MANAGEMENT, PATRIOT RISK SERVICES FOR CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves Rosa Lopez seeking workers' compensation benefits for injuries sustained across multiple dates. The California Insurance Guarantee Association (CIGA) was initially involved, but following a Court of Appeal remittitur, the Workers' Compensation Appeals Board rescinded its prior decision. The Board now finds that CIGA is not liable for outstanding lien claims and orders CIGA dismissed as a party defendant in these consolidated cases.

Workers Compensation Appeals BoardRemittiturCalifornia Insurance Guarantee AssociationCIGAOther InsuranceLien ClaimsPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeWCJ
References
0
Case No. MISSING
Regular Panel Decision

Lopez v. Rutgers Cas. Ins. Co.

Plaintiff Gerver Lopez sued Rutgers Casualty Insurance Company to enforce an unsatisfied judgment against #1 Realty, alleging #1 Realty was an additional insured under a policy issued by Rutgers to Cavallaro Contracting, Inc. The court examined whether #1 Realty qualified as an insured and if certificates of insurance issued by Cavallaro's broker could establish coverage or estop Rutgers from denying it. The court found that #1 Realty was not named in the policy as an insured, and the certificates of insurance, issued by a broker not acting as Rutgers' agent, were insufficient to confer coverage. Consequently, the court granted Rutgers' motion for summary judgment, dismissing all of Lopez's claims.

Insurance Coverage DisputeSummary Judgment MotionAdditional Insured StatusCertificate of Insurance ValidityAgency LawEquitable EstoppelPolicy InterpretationExclusion ClausesNotice of OccurrenceMaterial Misrepresentation
References
47
Case No. 2020 NY Slip Op 00654 [179 AD3d 1414]
Regular Panel Decision
Jan 30, 2020

Matter of Puli-Lopez v. Triple 888 Dev. Group LLC

Milton Puli-Lopez, a construction laborer, filed a workers' compensation claim after sustaining injuries, identifying Triple 888 Development Group LLC as his employer. The Workers' Compensation Board modified an earlier WCLJ decision, concluding that Puli-Lopez was solely employed by Triple 888 Development Group LLC and that no general/special employment relationship existed with East 119th Street Development LLC, despite shared ownership and property management. Triple 888 and East 119th appealed the Board's decision, arguing that the claimant's application for review was incomplete and that the WCLJ's findings were supported by evidence. The Appellate Division affirmed the Board's decision, finding no abuse of discretion in reviewing the claimant's application and concluding that substantial evidence supported the Board's determination regarding sole employment.

Workers' CompensationEmployment RelationshipGeneral/Special EmployerConstruction InjuryAppellate ReviewBoard DecisionSubstantial EvidenceEmployer LiabilityAdministrative ProcedureRegulatory Compliance
References
2
Case No. 2023 NY Slip Op 03556 [217 AD3d 636]
Regular Panel Decision
Jun 29, 2023

People v. Lopez

Sammy Lopez was convicted after a jury trial of assault in the first degree, attempted assault in the first degree (two counts), and coercion in the first degree (four counts), and sentenced as a second violent felony offender. The Appellate Division, First Department, affirmed the judgment, finding the verdict was based on legally sufficient evidence. The court also upheld the admission of evidence of prior incidents to show a common scheme or plan. Additionally, the defendant's CPL 440.10 motions asserting ineffective assistance of counsel were denied, as he was aware of the plea offer and had no interest in incarceration. The appellate court found no basis to reduce the sentence.

AssaultCoercionJury TrialSufficiency of EvidenceCredibility DeterminationsCommon Scheme or PlanPrior IncidentsEffective Assistance of CounselPlea NegotiationsSentencing
References
6
Case No. MISSING
Regular Panel Decision

In the Matter of Edwin Lopez v. Andrea Evans

The New York Court of Appeals affirmed an Appellate Division decision, holding that conducting a parole revocation hearing for a mentally incompetent parolee violates due process under the State Constitution. Petitioner Edwin Lopez, convicted of murder, was repeatedly found mentally unfit to stand trial for subsequent assault charges and committed to the Office of Mental Health (OMH). Despite his documented incompetency, the Department of Corrections and Community Supervision (DOCCS) initiated parole revocation proceedings against him. The Court explicitly overruled prior precedents that held incompetency as merely a mitigating factor, emphasizing that a parolee's inability to understand proceedings or assist counsel compromises the fairness and accuracy of such hearings. The Court also highlighted statutory gaps, noting that the Division of Parole lacks authority to commit mentally incompetent parolees to OMH, urging legislative intervention to address this disparity.

Mental CompetencyParole RevocationDue ProcessConstitutional LawCriminal Procedure LawOffice of Mental HealthDepartment of CorrectionsAdministrative Law JudgeAppellate ReviewReincarceration
References
9
Case No. 2018 NY Slip Op 01372 [159 AD3d 1092]
Regular Panel Decision
Mar 01, 2018

Lopez v. 6071 Enters., LLC

John Lopez, a truck driver employed by Otsego Auto Crushers, LLC, suffered a work-related injury on December 14, 2011, when he was thrown from a pile of crushed cars while assisting a coworker load an open trailer. He commenced an action against 6071 Enterprises, LLC, the property owner, asserting claims under Labor Law §§ 200 and 240 (1), and common-law negligence. The Supreme Court granted defendant's motion for summary judgment, dismissing the complaint, and denied plaintiff's cross-motion. The Appellate Division affirmed, concluding that the plaintiff's activity did not constitute a protected activity under Labor Law § 240 (1) and that the defendant, as owner, did not exercise supervisory control over the work methods to incur liability under Labor Law § 200 or common-law negligence.

Workers' CompensationLabor Law § 240(1)Labor Law § 200Common-Law NegligenceSummary JudgmentElevation-Related RiskConstruction AccidentSafe Place to WorkAltering StructureErecting Structure
References
24
Showing 1-10 of 439 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