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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Morris v. United Parcel Service

Plaintiff, a former United Parcel Service employee and union member, was discharged for alleged theft after being accused of stealing a package of watches. Although he was arrested, he was later acquitted of petit larceny. An arbitrator subsequently found his discharge was not for just cause and ordered his reinstatement with back pay and benefits. Following this, the plaintiff commenced an action against United Parcel Service for false imprisonment/unlawful arrest. Defendants moved for summary judgment, arguing preemption by the Labor Management Relations Act and the National Labor Relations Act, and sought to add affirmative defenses. Special Term denied summary judgment but granted leave to amend the answer. The appellate court affirmed the denial of summary judgment, concluding the tort claim was not preempted, but found that Special Term erred in refusing to dismiss the defendants' affirmative defenses regarding federal preemption and the exclusivity of Workers' Compensation Law § 11.

False ImprisonmentUnlawful ArrestLabor Management Relations Act PreemptionNational Labor Relations Act PreemptionCollective Bargaining AgreementWorkers' Compensation LawExclusive Remedy ProvisionSummary JudgmentAppellate ReviewTort Claim
References
7
Case No. MISSING
Regular Panel Decision

Claim of Berland ex rel. Berland v. P. Mackner & Co.

The Workers' Compensation Board disallowed a claim for benefits, ruling that the death of the claimant's decedent was not causally related to a prior accident. The decedent died on January 27, 1997, due to cardiopulmonary arrest, cardiac arrest, and atherosclerotic heart disease, with cerebrovascular accident and gastrointestinal bleeding as contributing conditions. The prior accident, on December 11, 1952, had resulted in leg injuries. The claimant failed to provide prima facie medical evidence establishing a causal connection between the 1952 accident and the 1997 death from a heart condition. The court affirmed the Board's determination, finding substantial evidence to support the lack of causal relationship.

Causal RelationshipWorkers' Compensation BenefitsDeath ClaimHeart DiseasePrior AccidentMedical EvidenceBurden of ProofSubstantial EvidenceBoard DeterminationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Jun 28, 2017

Antic v. City of New York

Pero Antic, a former NBA player, filed a civil rights suit against the City of New York and NYPD officers following his arrest in 2015 outside a nightclub. Antic alleged false arrest, malicious prosecution, and excessive force after being arrested for obstruction of governmental administration (OGA), disorderly conduct, and menacing, stemming from an incident where he approached an officer during his teammate Thabo Sefolosha's arrest. The Court granted the Defendants' motion for summary judgment, finding that the officers had arguable probable cause for Antic's arrest for OGA, thereby entitling them to qualified immunity on the false arrest claim. Antic's malicious prosecution claims were dismissed because the charges were dismissed in the interests of justice, which did not indicate his innocence but rather an act of mercy due to mitigating circumstances. His excessive force and assault and battery claims also failed as the force used (a push resulting in no injury) was deemed de minimis and objectively reasonable given the chaotic situation. Finally, claims against the City of New York for Monell liability and negligence were dismissed due to lack of an underlying constitutional violation, failure to allege municipal policy, or abandonment.

Civil RightsFalse ArrestMalicious ProsecutionExcessive ForceSummary JudgmentQualified ImmunityObstruction of Governmental AdministrationPolice MisconductNYPDFederal Rules of Civil Procedure Rule 56
References
55
Case No. MISSING
Regular Panel Decision

United States v. Howard

The defendant, James T. Howard, sought the expungement of his arrest records related to a 1999 arrest for impersonating a federal officer under 18 U.S.C. § 912. Although the initial indictment was dismissed by the government in 2000 due to concerns about the credibility of key witnesses who had smoked marijuana, Howard argued that this dismissal reflected his innocence and that the arrest record was impeding his career prospects in law enforcement. The court, however, denied the motion, stating that expungement is reserved for "extreme circumstances" not met by Howard's claims of employment difficulty, which were deemed conclusory. Furthermore, the court found that sufficient probable cause existed for the initial arrest, as the witnesses' statements, though later questioned for credibility, were lucid at the time and supported by other evidence, thus demonstrating no constitutional infirmity in the arrest itself.

ExpungementArrest RecordProbable CauseImpersonationFederal OfficerWitness CredibilityDismissed IndictmentJudicial DiscretionEmployment BarriersBounty Hunter
References
12
Case No. MISSING
Regular Panel Decision

Sankar v. City of New York

This case involves a landlord (plaintiff) who faced two arrests in 2006 based on allegedly false police reports filed by her tenant, Karlene White, stemming from a landlord-tenant dispute. The plaintiff subsequently sued White, several police officers, an assistant district attorney, and the City of New York for federal and state law claims including false arrest, malicious prosecution, and battery. The court granted in part and denied in part the defendants' motion for summary judgment. Claims for false arrest against Officers Ostrowski and Galli, malicious prosecution against Officer Ostrowski, and battery against Ostrowski and Galli (all in their individual capacities) survived summary judgment. Additionally, state law claims for false arrest, malicious prosecution, and battery against the City of New York under respondeat superior liability were also denied summary judgment. All other claims, including those related to a November arrest, claims against other named defendants, and intentional infliction of emotional distress, were dismissed.

false arrestmalicious prosecutioncivil rightspolice misconductprobable causequalified immunitymunicipal liabilityrespondeat superiorbatterylandlord-tenant dispute
References
51
Case No. 2-02-284-CV
Regular Panel Decision
Jun 19, 2003

Margaret Katherine Marts, on Behalf of Charles A. Marts v. Transportation Insurance Company

Charles Marts, a night burner, died of cardiopulmonary arrest. His wife, Margaret Katherine Marts, sought workers' compensation benefits, claiming his death was a compensable occupational disease exacerbated by workplace chemicals. Both the hearing officer and the TWCC Appeals Panel denied the claim. Katherine filed a suit for judicial review, and the trial court granted summary judgment in favor of Transportation Insurance Company (TIC). The appeals court affirmed the trial court's summary judgment, finding no evidence from a qualified medical expert to prove causation, and upheld the striking of bad faith claims.

Summary JudgmentWorkers' CompensationOccupational DiseaseCausationExpert Medical TestimonyNo-Evidence MotionAppellate ReviewAsthmaWorkplace EmissionsJudicial Review
References
31
Case No. MISSING
Regular Panel Decision

Claim of Losso v. Tesco Traffic Services

In February 1985, claimant's decedent suffered a work-related myocardial infarction. In 1986, he was diagnosed with leukemia and died in 1988, with acute monomyelocytic leukemia and cardiopulmonary arrest as stated causes of death. Claimant, the decedent's widow, filed for workers' compensation death benefits. The employer and its carrier controverted the claim, arguing death was solely due to leukemia. The Workers’ Compensation Board ruled that the compensable myocardial infarction was a contributing factor to his death. The appellate court affirmed the Board's decision, finding substantial evidence to support a causal relationship based on the cardiologist's testimony that the heart condition limited cancer treatment and hastened death.

Workers' CompensationDeath BenefitsMyocardial InfarctionLeukemiaCausal RelationshipMedical TestimonyAppellate ReviewContributory FactorCardiovascular SystemCancer Treatment Limitations
References
1
Case No. MISSING
Regular Panel Decision

Claim of Puig v. New York Armenian Home

A claimant sought workers' compensation death benefits after her husband, a maintenance worker, died of cardiopulmonary arrest at work. The employer challenged the claim, arguing no causal relationship to employment. A Workers' Compensation Law Judge initially denied the claim, but the Workers’ Compensation Board reversed, presuming compensability due to an unwitnessed accident during employment. On appeal, the court found that the employer successfully rebutted the presumption with substantial medical evidence, including the decedent's history of hypertension and high cholesterol, and expert testimony. The court reversed the Board's decision and remitted the matter for further proceedings to determine if the claimant could prove a causal relationship between the decedent's work activities and his death.

Workers' Compensation Death BenefitsCausal RelationshipPresumption of CompensabilityRebuttal of PresumptionMedical Expert TestimonyCardiopulmonary ArrestCoronary Artery DiseaseHypertensionHigh CholesterolAppellate Review
References
4
Case No. MISSING
Regular Panel Decision
Apr 07, 1988

De Coste v. Champlain Valley Physicians Hospital

Decedent, Darwin A. De Coste, experienced chest pain and elevated blood pressure, leading him to Champlain Valley Physicians Hospital where he was seen by Dr. William Amsterlaw. Amsterlaw diagnosed reflux esophagitis despite an abnormal electrocardiogram, discharging De Coste, who subsequently suffered a fatal cardiopulmonary arrest 12 hours later. The administrator of De Coste's estate filed a wrongful death action, alleging medical malpractice and that the misdiagnosis was the proximate cause of death. A jury awarded pecuniary damages and funeral expenses, which the defendants appealed. The appellate court affirmed the verdict, finding rational support for the jury's malpractice finding and rejecting the defendants' argument to reduce the award by Social Security benefits due to the effective date of CPLR 4545 (c).

Medical MalpracticeWrongful DeathProximate CauseCollateral Source RuleCPLR 4545Jury VerdictEmergency Room CareMisdiagnosisArteriosclerosisMyocardial Infarction
References
3
Case No. CV-23-0790
Regular Panel Decision
Nov 14, 2024

In the Matter of the Claim of Edith Flores

Edith Flores filed a workers' compensation death benefits claim for her deceased spouse, Dimas Hernandez, a cemetery worker who died in April 2020 from cardiopulmonary arrest due to COVID-19. The employer, Wellwood Cemetery Assoc. Inc., and its carrier controverted the claim, arguing the death was not employment-related. A Workers' Compensation Law Judge established the claim, which the Workers' Compensation Board affirmed. The carrier appealed to the Supreme Court, Appellate Division, Third Judicial Department. The Appellate Division affirmed the Board's decision, finding substantial evidence supported that the decedent contracted COVID-19 in the course of his employment, citing claimant's testimony about his work exposure to COVID-19 victims, lack of PPE, a coworker's illness, and his belief he got sick at work, corroborated by medical documentation.

COVID-19Workers' Compensation Death BenefitsCausally-Related DeathEmployment ExposureSubstantial EvidenceAppellate ReviewContraction of IllnessCemetery WorkerCardiopulmonary Arrest
References
10
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