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

Palmer v. State University of New York Upstate Medical University

The claimant, an orthopedic hand surgeon, developed cervical radiculopathy and degenerative disc disease due to the physical strain of performing hand surgery and filed for workers' compensation benefits. His claim was controverted by the State University of New York Upstate Medical University and its carrier, as well as the Research Foundation of New York and its carrier. The Workers' Compensation Board determined that the claimant was a dual employee of both the University and the Foundation and that his condition constituted a causally related occupational disease. The University and its carrier appealed this decision. The appellate court affirmed the Board's findings, concluding there was substantial evidence to support both the dual employment status and the existence of a recognizable link between the claimant's condition and the distinctive features of his occupation.

Occupational DiseaseCervical RadiculopathyDegenerative Disc DiseaseDual EmploymentWorkers' Compensation BenefitsHand Surgery StrainMedical OpinionAppellate ReviewCausationEmployer Liability
References
8
Case No. MISSING
Regular Panel Decision

Hotel Greystone Corp. v. New York Hotel & Motel Trades Council

This case involves a petition by Hotel Greystone to stay an arbitration initiated by the New York Hotel and Motel Trades Council, AFL-CIO (the "Union"). The dispute arose from an arbitrator's decision to reconsider a previous award, which the Hotel opposed based on timeliness and the doctrine of functus officio. The District Court, presided over by Judge Kaplan, denied the Hotel's motion for a permanent stay of arbitration. The court found that the Union's cross-motion to compel arbitration was timely under the National Labor Relations Act and that the doctrine of functus officio did not apply due to the parties' agreement. Furthermore, the court determined that New York's CPLR time constraints for modification of awards did not bar reconsideration given the contractual provisions. Consequently, the Union's cross-motion to compel arbitration was granted.

ArbitrationCollective Bargaining AgreementLMRANLRAFunctus OfficioReconsideration of AwardStay of ArbitrationCompel ArbitrationLabor LawContract Interpretation
References
15
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Pitta v. Hotel Waldorf-Astoria Corp.

Vito J. Pitta, as president of the New York Hotel and Motel Trades Council, AFL-CIO, sought to vacate or remand an arbitrator's award in a dispute with ten New York City hotels. The dispute arose when hotels docked wages of room attendants who willfully "dropped" rooms as part of a partial work stoppage. The Impartial Chairman upheld the hotels' action. Pitta challenged the award, arguing it exceeded the arbitrator's authority and violated New York Labor Law section 193. The court denied Pitta's motion for summary judgment and granted the hotels' cross-motion, affirming the arbitration award. It found the arbitrator acted within his authority and that federal labor law preempts the state law regarding employer-employee economic self-help in collective bargaining.

Arbitration AwardSummary JudgmentLabor DisputeWage DockingWork StoppageCollective BargainingFederal PreemptionNew York Labor LawLabor-Management Relations ActJudicial Review
References
14
Case No. MISSING
Regular Panel Decision
Jan 25, 2007

Bellamy v. Columbia University

The case concerns a plaintiff, an employee of Troy Associates, a temporary employment agency, who sustained injuries after slipping on a wet substance while working at Columbia University's kitchen. Columbia University moved for summary judgment, asserting that the plaintiff was its 'special employee,' thus barring his negligence claim under Workers’ Compensation Law. The Supreme Court denied this motion, and the appellate court affirmed the denial. The appellate court found a triable issue of fact regarding whether Columbia University had assumed complete and exclusive control over the plaintiff's work to establish a special employment relationship. It emphasized that a mere cession of control by the general employer is insufficient without an affirmative demonstration of the special employer's comprehensive assumption of control. The court concluded that the lack of conclusive evidence that Columbia supervised the plaintiff as it would its own employees made summary adjudication inappropriate.

Special EmploymentWorkers' Compensation LawSummary JudgmentControl TestTemporary StaffingGeneral Employer LiabilityAssumed ControlTriable Issue of FactAppellate Court DecisionPremises Liability
References
15
Case No. MISSING
Regular Panel Decision
Aug 29, 1986

Pitta v. Hotel Ass'n of New York City, Inc.

The plaintiff, Vito J. Pitta, President of the New York Hotel and Motel Trades Council, AFL-CIO, and defendant Hotel Association of New York City, Inc., both moved for summary judgment concerning a June 25, 1986 arbitration award issued by defendant Millard Cass, the Impartial Chairman. The Council sought to vacate the award and compel the selection of a new chairman, while the Association aimed to confirm and enforce it. The court found that the Council had the right to unilaterally terminate Cass's term, effective sixty days after notice was given on June 2, 1986. Consequently, the court vacated the arbitration award, ruling that Cass's conclusions were contrary to the court's earlier findings of fact. The Association was directed to participate in selecting a successor chairman, with the order becoming effective on August 29, 1986, to allow for appeal.

ArbitrationLabor Management Relations ActFederal Arbitration ActImpartial ChairmanCollective Bargaining AgreementContract InterpretationEmployment at WillRes JudicataCollateral EstoppelJudicial Review of Arbitration
References
16
Case No. MISSING
Regular Panel Decision

Pelligrino v. Universal Maritime Service Co.

This maritime personal injury case involves plaintiff Dennis Pelligrino, a marine carpenter, who was injured after falling from grease-coated heavy machinery he was securing on a vessel. He sued Universal Maritime Service Company, Inc., the stevedoring company, and Waterman Steamship Corporation, the vessel owner. The court denied Universal's motion for summary judgment, citing unresolved issues of fact regarding its alleged negligence in handling the cargo and failing to ensure safety. Conversely, Waterman's cross-motion for summary judgment was granted, as the court found no evidence that the vessel owner breached its duties to longshoremen or actively participated in the cargo operations. Consequently, the complaint against Waterman was dismissed, while the action against Universal was severed.

Maritime personal injuryLongshore and Harbor Workers’ Compensation ActStevedoring negligenceVessel owner dutiesSummary judgmentCargo securingHazardous conditionsCosmolineNegligenceShipowner liability
References
8
Case No. MISSING
Regular Panel Decision
Jun 15, 2001

Paolangeli v. Cornell University

This case details cross appeals stemming from an injury sustained by an employee of Francis J. Paolangeli during a renovation project at Cornell University. The plaintiff fell into a hole in a darkened basement while working, leading to an action against Cornell University, Beacon Skanska USA, and Welliver McGuire Inc. under Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially dismissed the Labor Law § 240 (1) claim, citing a lack of elevation-related risk, and denied summary judgment on the Labor Law § 241 (6) claim due to unresolved issues of comparative fault. The appellate court affirmed these decisions, also ruling that Welliver's liability as a subcontractor presented a triable issue.

Labor Law § 240 (1)Labor Law § 241 (6)Summary JudgmentCross AppealsConstruction Site AccidentFall into HoleElevation Related RiskNegligenceComparative FaultSubcontractor Liability
References
13
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. State University of New York at Stony Brook

The CSEA, representing employees at SUNY Stony Brook, initiated an Article 78 proceeding to prevent the university from allowing a rival union, Hospital Workers Union 1199, to hold a meeting on campus. CSEA argued this violated their collective bargaining agreement. The university contended the meeting was student-organized for academic freedom, not union organizing. The court ruled that the contract provision regarding meeting space must be interpreted narrowly to avoid violating the university's constitutional obligation to provide facilities nondiscriminatorily. Consequently, the court dismissed the CSEA's petition.

Academic FreedomFreedom of SpeechCollective Bargaining AgreementRival UnionsFacility UseDiscriminationFirst AmendmentFourteenth AmendmentCivil Service LawArticle 78 Proceeding
References
11
Case No. MISSING
Regular Panel Decision

Parkin v. Cornell University, Inc.

Plaintiffs John Cleveland and Thomas Parkin, employees and union members at Cornell University, were arrested and fired after being accused of stealing envelopes. They alleged the charges were retaliatory for their union activities. The criminal charges were dismissed, and they were reinstated after union grievances. They then sued Cornell University and two officials (John Cerio and Ronald Mathews) for false arrest, malicious prosecution, and abuse of process. A jury found in favor of the plaintiffs, but the Appellate Division reversed, dismissing the complaint. The Court of Appeals reversed the Appellate Division, concluding that the issue of probable cause was a question for the jury and that the abuse of process claim was wrongly dismissed, remitting the case for further proceedings.

False ArrestMalicious ProsecutionAbuse of ProcessProbable CauseJury VerdictAppellate ReviewUnion ActivitiesEmployee RightsTheft ChargesWrongful Termination
References
7
Showing 1-10 of 716 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