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
Jul 13, 2000

Bordeau v. Village of Deposit

Plaintiffs Brian K. Bordeau, Francis Laundry Jr., and Jeffrey S. Laundry initiated a civil rights action under 42 U.S.C. § 1983, alleging violations of their First, Fourth, Fifth, and Fourteenth Amendment rights, as well as New York State common law claims, against the Village of Deposit, its Police Chief Jon Bowie, and Village Justice Peter McDade. The lawsuit arose from an incident in May 1997 involving alleged unlawful arrest, excessive force, and malicious prosecution. Defendants moved for summary judgment on several causes of action. The court denied summary judgment for claims of false arrest, false imprisonment, malicious prosecution against Chief Bowie, and a state law assault and battery claim against Justice McDade. However, it granted summary judgment dismissing claims against the Village related to an alleged pattern of unconstitutional conduct and claims against Justice McDade based on judicial immunity. Additionally, all claims against the New York State Troopers, the Village Police Department, and punitive damages against the Village were dismissed. The case will proceed to trial on the remaining federal and state law claims.

Civil RightsSection 1983False ArrestFalse ImprisonmentMalicious ProsecutionMunicipal LiabilityJudicial ImmunityExcessive ForceSummary JudgmentConstitutional Law
References
36
Case No. ADJ2154380 (SAC 0363541)
Regular
Jul 21, 2010

Spencer Davis vs. Clark & Sullivan, Inc., LWP Claims Sacramento, Berkshire Hathaway San Francisco, Berkshire Hathaway Pasadena

The defendant sought to disqualify the Qualified Medical Evaluator (QME) due to their unavailability for deposition within the regulatory 120-day timeframe. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, affirming the lower order. The WCAB found that Administrative Director (AD) Rule 31.5, concerning replacement panels, does not apply to QME unavailability for deposition. Furthermore, the Board found no demonstrable prejudice or irreparable harm, noting the defendant's own rescheduling of the deposition.

Petition for RemovalQualified Medical EvaluatorQME UnavailabilityDeposition SchedulingAdministrative Director RulesAD Rule 35.5(f)AD Rule 31.5(a)(5)AD Rule 33PrejudiceIrreparable Harm
References
4
Case No. ADJ2154380
Regular
Jul 21, 2010

SPENCER DAVIS vs. CLARK & SULLIVAN, INC., LWP CLAIMS SACRAMENTO, BERKSHIRE HATHAWAY SAN FRANCISCO, BERKSHIRE HATHAWAY PASADENA

In this case, the defendant sought to disqualify a Qualified Medical Evaluator (QME) due to their alleged unavailability for deposition within 120 days as required by Administrative Director Rule 35.5(f). The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. The WCAB found that Rule 31.5, which allows for replacement panels, does not apply to QME unavailability for deposition. Furthermore, the Board determined the defendant failed to demonstrate significant prejudice or irreparable harm, especially after rescheduling the deposition themselves.

Petition for RemovalQualified Medical EvaluatorDeposition UnavailabilityAdministrative Director RuleMandatory RegulationPrejudice and HarmReplacement PanelWCJ OrderUpper Extremities InjuryPsyche Injury
References
0
Case No. MISSING
Regular Panel Decision

Nadler v. Federal Deposit Insurance

Congressman Jerrold Nadler, the Tribeca Community Association, and the 67 Vestry Street Tenants Association sued the Federal Deposit Insurance Corporation (FDIC) under the Freedom of Information Act (FOIA) to compel the disclosure of a redacted joint venture agreement. The FDIC, acting as receiver for the failed American Savings Bank (ASB), withheld information related to ASB's subsidiary, Amore Holdings, Inc., citing FOIA Exemption Four for trade secrets and confidential commercial or financial information. The court, applying the National Parks test, determined that public disclosure would significantly impair the FDIC’s ability to maximize profits from its receivership assets and cause substantial competitive harm to Amore. Consequently, the court granted the FDIC’s motion for summary judgment, denied the plaintiffs’ cross-motion, and dismissed the complaint.

FOIAExemption FourCommercial InformationConfidentialityFDIC ReceivershipSummary JudgmentGovernment AgencyReal Estate DevelopmentFreedom of Information Act
References
12
Case No. 2021 NY Slip Op 06975
Regular Panel Decision
Dec 14, 2021

WDF Inc. v. Vamco Sheet Metals, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted plaintiff WDF Inc.'s motion for partial summary judgment on its breach of contract claim against Vamco Sheet Metals, Inc. WDF Inc. successfully demonstrated that Vamco Sheet Metals, Inc. breached their subcontract by failing to provide sufficient workers for the project. The court found Vamco Sheet Metals, Inc.'s arguments unavailing. Fidelity and Deposit Company Maryland was involved as a third-party defendant in the proceedings.

Breach of ContractSummary JudgmentSubcontract DisputeAppellate ReviewFailure to PerformJudicial AffirmationContract LawThird-Party ActionConstruction LawNew York Law
References
4
Case No. ADJ162353
Regular
Nov 02, 2012

GARY NORTH vs. AERO ELECTRIC CONNECTOR, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an interim order finding an applicant sustained industrial cumulative trauma injury to his neck and internal systems. The defendant argued the Agreed Medical Examiner's (AME) opinion was not substantial evidence due to an inaccurate history and failure to review all records. The Board found the AME's opinion was based on a thorough evaluation and job duties, affirming the finding of neck injury. The defendant also challenged the reliance on Dr. David's report for internal injuries, citing issues with his appointment and unavailability for deposition; however, the Board found Dr. David's report constituted substantial evidence and that defendant waived objections to his appointment and deposition unavailability by failing to raise them timely.

Cumulative traumaAgreed Medical ExaminerSubstantial medical evidenceLabor Code section 5701Regular physicianPetition for reconsiderationIndustrial injuryWCJDRE Cervical Category IIWhole Person Impairment
References
8
Case No. MISSING
Regular Panel Decision
Aug 21, 2006

Robles v. Merrill Lynch/WFC/L, Inc.

The Supreme Court, New York County, initially denied the defendants' motion to compel further deposition of the plaintiff's social worker. This decision was subsequently appealed and unanimously reversed by the appellate court. The appellate panel determined that the plaintiff had waived the applicable privilege under CPLR 4508. This waiver occurred because the plaintiff's bill of particulars affirmatively placed her mental condition in issue by alleging related injuries. Consequently, the appellate court granted the defendants' motion to compel the deposition.

Mental ConditionDepositionPrivilegeWaiverSocial WorkerCPLR 4508Appellate ReversalMotion to CompelBill of ParticularsDiscovery
References
1
Case No. MISSING
Regular Panel Decision

Matter of Turi v. Five L. Enterprises, Inc.

In this workers' compensation case, the claimant's spouse died in a 1993 work-related accident, leading to an award of death benefits. The employer's workers’ compensation carrier was directed to deposit a substantial sum into the Aggregate Trust Fund (ATF) but failed to do so. The claimant sought to impose a 20% penalty on the carrier for this untimely payment, arguing it violated Workers’ Compensation Law § 25 (3) (f). The Workers’ Compensation Board determined that the claimant lacked standing to request such a penalty. The appellate court affirmed the Board's decision, clarifying that issues regarding late deposits into the ATF are between the ATF and the carrier, not the claimant, and are governed by separate regulations (12 NYCRR 393.2).

Aggregate Trust FundDeath BenefitsPenalty ImpositionTimely DepositStandingWorkers' Compensation CarrierWorkers' Compensation BoardLate PaymentActuarial ComputationJudicial Review
References
2
Case No. MISSING
Regular Panel Decision

Rogacki v. Acands, Inc.

The judgment was unanimously affirmed without costs. The court ruled that testimony from unavailable witnesses in prior proceedings, where the decedent was not a party and lacked cross-examination opportunity, was inadmissible. Conversely, evidence of successful workers' compensation claims by asbestos plant workers from the 1940s to 1960s for asbestos-related pulmonary diseases, along with incidence data, was properly admitted. This evidence was crucial for assessing defendant Celotex Corporation's knowledge of asbestos risks and the reasonableness of its failure to warn end-users. Additionally, Dr. Mancuso’s 1983 deposition testimony was appropriately admitted as the defendant was represented during that deposition. The defendant's remaining arguments were found to be without merit.

Asbestos ExposurePulmonary DiseaseFailure to WarnAdmissibility of EvidencePrior TestimonyWorkers' Compensation ClaimsCorporate KnowledgeCross-Examination RightsAppellate ReviewProduct Liability
References
1
Case No. CV-23-1658
Regular Panel Decision
May 01, 2025

Matter of Pressimone v. New York City Hous. Auth.

Claimant Anthony Pressimone sustained work-related injuries, including to his left shoulder, after a slip and fall in 2020. Conflicting medical reports arose regarding his left arm's schedule loss of use (SLU), with his physician, Dr. Jeffrey Guttman, opining 45% SLU and the employer's consultant 20%. The Workers' Compensation Board set a deadline for deposition transcripts, which Guttman's deposition missed, leading to its preclusion by a WCLJ. The Appellate Division found the Board erred in precluding Guttman's report and testimony because the employer knew of his unavailability for prior subpoenas and failed to request an extension. However, the court affirmed the Board's decision to rescind counsel fees, finding the application was untimely and prejudiced the employer, who had already paid the full award.

Workers' CompensationSchedule Loss of UseMedical Report PreclusionDeposition DeadlinesCounsel FeesTimelinessAppellate ReviewOrthopedic InjuryLeft ArmEmployer Responsibility
References
3
Showing 1-10 of 754 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