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

Ribya BB. v. Wing

Petitioner initiated a CPLR article 78 proceeding to challenge the denial of her request to expunge her name from the State Central Register of Child Abuse and Maltreatment. An indicated report of child maltreatment was filed after she allegedly left her severely disabled and autistic child unsupervised on three occasions in November 1994. Despite her claim that a cousin was watching the child, an administrative review and subsequent hearing found 'some credible evidence as well as a fair preponderance' of evidence supporting maltreatment, leading to the denial of her expungement request. The Appellate Division confirmed the respondent's determination, citing substantial evidence including admissible double hearsay and inconsistencies in testimony, and dismissed the petition.

Child MaltreatmentExpungementState Central RegisterChild AbuseAdministrative LawJudicial ReviewSubstantial EvidenceHearsay AdmissibilityCredibility AssessmentParental Responsibility
References
11
Case No. MISSING
Regular Panel Decision

LOPEZ-JUAREZ v. Kelly

Alejandro Juarez died in a multi-vehicle accident involving an initial rear-end collision by Michael A. Weisheit, which propelled Juarez's vehicle into the path of a tour bus driven by Andrew Johnson, an employee of Huey Kelly, d/b/a Kelly Tours. Juarez's wife, Gloria Lopez-Juarez, sued multiple parties; however, only the allegations against Kelly Tours proceeded to trial, where the jury found Weisheit solely responsible. Lopez-Juarez appealed, raising issues regarding the admissibility of expert testimony from Trooper Colby Hobbs and the denial of a negligence per se instruction. The appellate court found that the trial court abused its discretion in admitting Hobbs' expert testimony due to his lack of qualifications for complex accident reconstruction. However, this error was deemed non-reversible as Hobbs' testimony was cumulative. The court also affirmed the denial of the negligence per se instruction, concluding there was insufficient evidence of proximate causation linking the bus driver's expired medical certificate to the accident. Consequently, the appellate court affirmed the trial court's judgment.

Traffic AccidentMulti-vehicle CollisionExpert Testimony AdmissibilityAccident ReconstructionNegligence Per SePolice Officer QualificationsAppellate ReviewProximate CauseDriver Medical CertificateTexas Courts of Appeals
References
82
Case No. MISSING
Regular Panel Decision

Cowley v. Berryhill

Plaintiff appeals the Commissioner of Social Security's denial of disability benefits. The District Court affirmed the Commissioner's decision, upholding the Administrative Law Judge's (ALJ) finding that the plaintiff was not disabled under the Social Security Act. The court found that the ALJ properly assessed medical opinions from a treating therapist and a consulting psychologist, giving appropriate weight and providing sufficient explanations. The ALJ's determination of the plaintiff's residual functional capacity (RFC) and the vocational expert's testimony regarding suitable alternative employment were also supported by substantial evidence. Consequently, the plaintiff's motion for judgment on the pleadings was denied, and the Commissioner's cross-motion was granted.

Disability BenefitsSocial Security ActAdministrative Law JudgeMedical Opinion AssessmentResidual Functional CapacityVocational Expert TestimonyMental Health ImpairmentsAsthmaBipolar DisorderMajor Depressive Disorder
References
13
Case No. MISSING
Regular Panel Decision
Jul 24, 1998

Eisenberg v. Lunch Boy, Inc.

The Supreme Court, New York County, denied the defendant restaurant's motion for summary judgment in a case where the plaintiff allegedly fell due to a grease spot on the floor. This denial was unanimously affirmed on appeal. An issue of fact was found to exist regarding whether the defendant restaurant created or had constructive notice of the grease spot. This finding was supported by deposition testimony from the plaintiff, his co-worker, and the defendant's manager, which indicated the floor was greasy and slippery, and that daily deliveries of cooking oils and kitchen staff commonly traversed the customer area.

Summary JudgmentNegligencePremises LiabilityConstructive NoticeGrease SpotSlip and FallAppellate ReviewIssue of FactDeposition TestimonyRestaurant Liability
References
2
Case No. MISSING
Regular Panel Decision

Nugent v. New York State & Local Employees' Retirement System

A highway general foreman applied for accidental disability retirement benefits due to neck, back, and arm injuries sustained from a co-worker's attack. The Comptroller denied the application, finding no permanent incapacitation. An orthopedic surgeon, Sherwood Greiner, testified for the respondent, stating the petitioner's pain complaints were inconsistent with medical findings and that the petitioner was not permanently incapacitated. Despite conflicting medical testimony, the Comptroller had the authority to favor one expert's opinion. The court confirmed the determination and dismissed the petition, also finding no denial of a fair hearing.

accidental disabilityretirement benefitspermanent incapacitymedical evidenceconflicting testimonyfair hearingCPLR article 78judicial revieworthopedic surgeonhighway general foreman
References
1
Case No. MISSING
Regular Panel Decision

People v. Craig

The defendant appealed his conviction for robbery in the second degree, challenging the prosecutor's use of peremptory challenges, the denial of eyewitness testimony for a lineup identification, and the allowance of cross-examination regarding prior convictions. The court affirmed the judgment, finding sufficient evidence of guilt. It concluded that the prosecutor provided race-neutral reasons for excusing prospective jurors and that the denial of eyewitness testimony was within discretion. Furthermore, the court determined that the cross-examination on prior convictions was permissible for credibility and the sentence was not excessive given the defendant's criminal record.

robberysecond degreejury verdictperemptory challengesracial discriminationBatson challengejury selectionlineup identificationprior convictionscredibility
References
20
Case No. MISSING
Regular Panel Decision

People v. Goble

The defendant appealed a judgment convicting her of assault in the second degree and endangering the welfare of a child, challenging the sufficiency of evidence and the denial of a separate trial from her husband. The court found ample evidence to establish guilt, noting the baby was continuously in her care and medical testimony confirmed injuries occurred during that period, supported by the defendant's contradictory statements. The appellate court also upheld the denial of a separate trial, ruling that claims of prejudice from a codefendant's testimony or the defendant's invocation of Fifth Amendment privilege lacked merit. Consequently, the judgment was unanimously affirmed.

Assault Second DegreeEndangering Welfare of ChildSufficiency of EvidenceSeparate TrialCo-defendant TestimonyFifth Amendment PrivilegeChild AbuseInflicted InjuriesAppellate ReviewCriminal Conviction
References
6
Case No. ADJ6950787
Regular
Jun 22, 2012

JOSE BARRIENTOS vs. MARK GREENBERG, ALLSTATE INSURANCE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the administrative law judge (WCJ) abused discretion by finding the applicant credible, specifically regarding the duration of employment to exclude him from employee status under Labor Code §3352(h). The WCJ adopted the report recommending denial, emphasizing applicant's credible testimony regarding hours worked and pay, and finding the defendant's testimony less reliable due to a lack of direct knowledge. The Board extended great weight to the WCJ's credibility findings, affirming the denial of reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility findingLabor Code §3352(h)employee definitionconflicting testimonyobservational demeanorunreliable testimonyunrebutted testimony
References
1
Case No. MISSING
Regular Panel Decision

People v. Schipski

The defendant appealed a judgment from the County Court, Nassau County, convicting him of burglary in the third degree following a guilty plea. The appeal primarily challenged the denial of motions to suppress a statement made to the police and identification testimony. The appellate court affirmed the judgment, ruling that the police officer's question, asked through a window during an ongoing burglary, did not constitute a Miranda-requiring interrogation but was for safety. Furthermore, the court found no police-arranged identification procedure, thus upholding the refusal to suppress the identification testimony. Lastly, the court determined that the defendant forfeited his right to appeal the denial of his motion to dismiss the indictment by pleading guilty.

BurglaryMiranda RightsSuppression HearingIdentification TestimonyGuilty PleaAppellate ReviewCriminal ProcedureFourth AmendmentDue ProcessConfession Admissibility
References
9
Case No. M2009-02636-CCA-R3-CD
Regular Panel Decision
Jul 13, 2012

State of Tennessee v. Jerome Sidney Barrett

The defendant, Jerome Sidney Barrett, was convicted of second-degree murder for a 1975 homicide after DNA evidence linked him to the victim's blouse and inmate testimony reported his admissions. The appellate court affirmed the trial court's denial of his motion to suppress DNA evidence, finding probable cause despite a recklessly made statement in the affidavit. The court also affirmed the denial of his motion to dismiss due to a 33-year pre-indictment delay, acknowledging the evolving DNA technology. Furthermore, the court upheld the admission of inmate testimony regarding the defendant's prior killings and affirmed the jury-imposed 44-year consecutive sentence.

HomicideSecond Degree MurderDNA AnalysisForensic ScienceSearch Warrant ValidityDue Process ViolationPre-Indictment DelayInmate InformantsWitness CredibilityEvidentiary Rules
References
74
Showing 1-10 of 8,346 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