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. 2020 NY Slip Op 07642
Regular Panel Decision
Dec 17, 2020

Matter of Thomas (US Pack Logistics, LLC--Commissioner of Labor)

Aston R. Thomas, a claimant, was hired by US Pack Logistics, LLC to deliver blood samples. The Unemployment Insurance Appeal Board determined that Thomas was an employee of US Pack Logistics, LLC, making the company liable for unemployment insurance contributions. US Pack Logistics, LLC appealed this decision to the Appellate Division, Third Department. The Appellate Division affirmed the Board's finding of an employer-employee relationship, noting that US Pack Logistics, LLC exercised sufficient supervision, direction, and control over significant aspects of Thomas's work, despite Thomas using his own vehicle and not being reimbursed for expenses. The court emphasized that the determination of an employment relationship is a question of fact, and the Board's decision, if supported by substantial evidence, is beyond further judicial review.

Unemployment Insurance LawEmployer-Employee RelationshipIndependent ContractorControl TestAppellate ReviewUnemployment Insurance ContributionsLabor LawSubstantial EvidenceUnemployment Insurance Appeal BoardJudiciary Law
References
6
Case No. MISSING
Regular Panel Decision

Swift Independent Packing Co. v. District Union Local One

This case involves a dispute between Swift Independent Packing Company and District Union Local One over a labor arbitration award. Swift sought to vacate the award, which was issued by Arbitrator Mario A. Procopio and favored the Union regarding work schedules and overtime pay under a collective bargaining agreement. Swift raised several objections, including alleged arbitrator bias, reliance on facts not in evidence, the award lacking essence from the agreement, and refusal to hear testimony. The District Court, emphasizing its limited scope of review over arbitration awards, denied Swift's motion for summary judgment to vacate the award and granted the Union's motion to confirm it, concluding that no grounds for vacatur existed and that Swift had waived its right to object to the alleged bias.

Labor ArbitrationCollective Bargaining AgreementArbitration AwardVacatur of AwardConfirmation of AwardArbitrator BiasJudicial ReviewWaiver DoctrineOvertime PayWork Schedules
References
19
Case No. 2024 NY Slip Op 02032 [228 AD3d 20]
Regular Panel Decision
Apr 17, 2024

Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc.

The Appellate Division, Second Department, affirmed an order denying dismissal of a lawsuit filed by Air-Sea Packing Group, Inc. against Applied Underwriters, Inc. and its affiliates. The plaintiff alleged that the defendants marketed and sold an unlawful workers' compensation insurance program, EquityComp, in violation of New York Insurance Law. The defendants attempted to enforce a forum selection clause mandating litigation in Nebraska, but the court found this clause unenforceable. This decision was based on public policy, as the program violated New York law, and because Nebraska courts had previously deemed New York the more appropriate forum for such disputes. The ruling allows the plaintiff to pursue claims for declaratory relief, equitable rescission, common-law fraud, and violation of General Business Law § 349 in New York.

Workers' Compensation InsuranceForum Selection ClausePublic PolicyInsurance Law ViolationsEquitable RescissionCommon-Law FraudDeceptive PracticesGeneral Business Law § 349Unlawful Reinsurance AgreementRegulatory Oversight
References
52
Case No. ADJ8261287
Regular
Sep 17, 2014

IGNACIO VIDRIOS LUNA vs. WAWONA PACKING, ZURICH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Ignacio Vidrios Luna's petition for reconsideration as untimely. The petition was filed more than 20 days after the administrative law judge's decision, exceeding the jurisdictional time limit. Since the decision was personally served, there was no mailing extension. Even if timely, the WCAB would have denied the petition on its merits. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimelyLabor Code section 5903JurisdictionalPersonally ServedOrder Approving Compromise and ReleaseAttorney's FeesWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJ Report
References
7
Case No. MISSING
Regular Panel Decision

Hilbert v. Sahlen Packing Co.

The plaintiff sustained personal injuries after being ejected from a bucket truck while removing a utility pole. The plaintiff initiated an action against Sahlen Packing Company, the premises owner, alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). Sahlen subsequently impleaded Niagara Mohawk Power Corporation, the plaintiff's employer. Sahlen appealed an order granting summary judgment to Niagara Mohawk, which resulted in the dismissal of the third-party complaint under the 1996 amendments to Workers’ Compensation Law § 11. Sahlen contended that these amendments violated due process, constituted an unfair taking, impaired contractual obligations, and should not be applied retroactively, also arguing a triable issue of fact existed concerning grave injury. The appellate court affirmed the order, concluding that the plaintiff did not suffer a "permanent and severe facial disfigurement" as defined by Workers’ Compensation Law § 11 and that the amendments applied as the accident occurred post-enactment and the action commenced in March 1997. Additionally, Sahlen’s constitutional challenges to the amendments were deemed without merit.

Workers' Compensation Law § 11Grave InjuryDue Process ChallengeTakings ClauseContract ImpairmentRetroactive ApplicationSummary JudgmentThird-Party ActionLabor LawFacial Disfigurement
References
12
Case No. 2021 NY Slip Op 01470 [192 AD3d 1315]
Regular Panel Decision
Mar 11, 2021

Matter of McLaughlin v. Sahlen Packing Co., Inc.

Kelly A. McLaughlin filed a claim for workers' compensation death benefits after her husband died at work. A Workers' Compensation Law Judge (WCLJ) established the claim, determining his death was causally related to employment. The employer appealed to the Workers' Compensation Board, arguing it had overcome the presumption of Workers' Compensation Law § 21 and that the claimant lacked sufficient evidence of causal relation. The Board denied the employer's application for review due to non-compliance with 12 NYCRR 300.13 (b), specifically failing to provide a complete response to question 15 on form RB-89 regarding the date an objection was interposed. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as the employer's response was patently defective.

Workers' Compensation Death BenefitsApplication for Board ReviewProcedural ComplianceForm RB-89Administrative Review DenialCausally Related EmploymentAppellate ReviewFailure to Complete FormObjection DateDiscretionary Denial
References
13
Case No. ADJ7523653
Regular
Jun 14, 2012

VIRGINIO SALINAS vs. WAWONA PACKING CO. LLC, TRISTAR RISK MANAGEMENT

This case concerns a lien claimant's petition for removal after the WCJ issued a notice of intention to dismiss the lien for failure to prosecute. The Board granted the petition, rescinding the dismissal notice. The WCJ improperly attempted to dismiss the lien, as the lien claimant was available by telephone during the mandatory settlement conference. The lien claim will now be continued for further proceedings at the trial level.

Petition for RemovalNotice of Intention To Dismiss LienLien ClaimantMandatory Settlement Conference (MSC)Lack of ProsecutionWCAB Rule 10301(x)WCAB Rule 10562(d)Lien ConferenceDecision After RemovalRescinded
References
0
Case No. ADJ1298866 (LAO 0791081) ADJ4098623 (LAO 0855391)
Regular
Feb 10, 2009

MIGUEL NOBOA vs. COUGHERTY PACKING COMPANY

In Noboa v. Cougherty Packing Company, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the applicant's failure to verify the petition, a mandatory requirement under Labor Code section 5902. This procedural defect rendered the petition invalid, leading the WCAB to reject it. The WCAB cited relevant case law supporting its decision to dismiss unverified petitions.

Petition for ReconsiderationDismissedVerifiedLabor Code section 5902Workers' Compensation Appeals BoardWCJSmith v. Workers' Comp. Appeals BoardLucena v. Workers' Comp. Appeals BoardSignificant Panel DecisionPermit
References
2
Case No. ADJ9264304
Regular
Dec 16, 2014

JOSE AVALOS vs. WAWONA PACKING CO., LLC, ZURICH AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Jose Avalos' case. The dismissal was improper because the applicant's attorney allegedly had no notice of the Mandatory Settlement Conference. Furthermore, the Board emphasized that dismissals with prejudice should strongly favor hearing cases on their merits, and the WCJ's order exceeded authorized remedies. The matter was returned for further proceedings, with cautions to both applicant's and defense counsel regarding proper procedure.

WCABOrder of DismissalReconsiderationNotice of IntentionMandatory Settlement ConferenceEAMSWCAB Rule 10562Dismissal with PrejudiceLabor Code sections 40534054
References
2
Case No. ADJ7552169
Regular
Jul 16, 2015

DAVID PACK vs. RESULTS RADIO, ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed applicant David Pack's petition for reconsideration and removal because it lacked a proper proof of service, a defect that the applicant was given an opportunity to cure but failed to do. The Board adopted the WCJ's report, which recommended denial on the merits as well if not dismissed as defective. The Board also strongly admonished applicant's attorney for making unsubstantiated accusations of fraud against the WCJ, noting that this conduct may warrant sanctions.

WCABPetition for ReconsiderationRemovalFindings and OrderTime-barredStatute of LimitationsTolledProof of ServiceWCJSanctions
References
1
Showing 1-10 of 73 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