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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

Howe v. Howe

This case addresses significant issues related to the equitable distribution of a marital estate in a matrimonial action. The plaintiff's New York City Fire Department disability pension and his September 11th Victim Compensation Fund award are at the core of the dispute. The court determined that the separate property interest in the plaintiff's disability pension can be calculated by the pension administrator, even without extensive trial evidence, and modified the judgment to reflect this. Additionally, the court affirmed that the economic loss component of the September 11th Victim Compensation Fund award is considered 'compensation for personal injuries' under Domestic Relations Law § 236 (B) (1) (d) (2), classifying it as the plaintiff's separate property based on legislative intent. The matter was remitted to the Supreme Court for entry of an appropriate qualified domestic relations order.

Equitable DistributionMarital PropertySeparate PropertyDisability PensionPersonal Injury CompensationSeptember 11th Victim Compensation FundDomestic Relations LawNew YorkMatrimonial LawPension Distribution
References
31
Case No. MISSING
Regular Panel Decision

Pocketbook Workers Union, Local 1 v. Centra Leather Goods Corp.

This case involves a judicial review of an arbitration award, initiated by a motion to confirm and a cross-motion to vacate the award. The underlying dispute concerned an employer's alleged relocation of its plant from New York City to Oklahoma. The arbitrator issued an award enjoining the employer from moving, mandating the return of shipped machinery, and providing for lost wages. The court addressed multiple objections, including procedural issues, arbitrator impartiality, the scope of equitable relief in arbitration, and jurisdictional challenges. While most objections were dismissed, the court expressed reservations about enforcing the mandatory injunction for machinery return due to insufficient proof. Ultimately, the motion to confirm the arbitration award was granted, and the cross-motion to vacate was denied, with a directive to settle the judgment as indicated.

ArbitrationEquitable ReliefInjunctionLabor DisputeContract InterpretationJudicial ReviewBankruptcy ActLabor Management Relations ActArbitrator ImpartialityMandatory Injunction
References
4
Case No. ADJ17547374
Regular
Oct 16, 2025

WARREN P. HARVEY vs. SOCAL MACHINE, INC., TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board considered applicant Warren P. Harvey's petition for reconsideration regarding the equitable hourly reimbursement rates for in-home health care provided by his spouse, asserting errors in the WCJ's rate calculation and attorneys' fees. After an unsuccessful settlement conference, the parties filed Stipulations With Request for Award, agreeing to permanent total disability and further medical treatment for the applicant, though these stipulations did not resolve the reconsideration issues. The Board approved these stipulations, finding them adequate and in the applicant's best interest, and issued an award based upon them, which included specific disability indemnity, medical treatment, and attorney's fees. The Board also commended the parties for resolving some important issues and urged them to continue efforts on the remaining disputes.

Equitable hourly reimbursement ratesIn-home health careCaregiver dutiesNursing dutiesCommunity HHC providerPetition for reconsiderationStipulations With Request for AwardPermanent total disabilityTemporary disability indemnityAttorneys' fee
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. MISSING
Regular Panel Decision
Jan 19, 1988

Wilkinson v. Wilkinson

The plaintiff commenced a divorce action against the defendant on the ground of cruel and inhuman treatment. The Supreme Court granted the divorce, awarded maintenance, child support, and equitable distribution of marital property. The defendant appealed, contesting the sufficiency of evidence for cruel and inhuman treatment and the excessiveness of the financial awards. The appellate court affirmed the Supreme Court's judgment, finding ample evidence to support the divorce and deeming the maintenance and child support awards reasonable. The court also rejected the defendant's challenge to the valuation of retirement benefits.

DivorceCruel and Inhuman TreatmentEquitable DistributionMarital PropertyMaintenanceChild SupportAppellate ReviewCredibilityEvidence SufficiencyDomestic Relations Law
References
5
Case No. MISSING
Regular Panel Decision

Turner v. Turner

After a 30-year marriage, the plaintiff wife initiated a divorce action in August 1991, seeking equitable distribution of marital property. The Supreme Court's initial distribution, which allocated approximately 62% of assets to the defendant and 38% to the plaintiff without explanation, was appealed by the plaintiff for equal division. The appellate court concurred, mandating equal division of net rental income and marital residence proceeds. Furthermore, recognizing the significant disparity in their retirement plans and the plaintiff's limited contribution period, the court ruled she was entitled to an equitable share of the defendant's pension. The plaintiff was also granted reimbursement for a $4,410 Workers' Compensation award confiscated by the defendant without proper offset proof. The judgment was modified and the matter remitted for property redistribution and consideration of counsel fees.

Equitable DistributionMarital PropertyDivorceWorkers' CompensationPension DivisionRental IncomeSpousal SupportMarital AssetsReimbursementCounsel Fees
References
1
Case No. MISSING
Regular Panel Decision
Jun 30, 1989

Lange v. Sartorius, Inc.

This case concerns an appeal from an order of the Supreme Court, New York County, which affirmed an arbitrators’ award in favor of the petitioner and denied the respondents’ cross-motion to vacate it. The dispute arose from the petitioner's termination of employment, which was submitted to arbitration as per their employment agreements. The arbitrators found that the respondents had not complied with the agreements and rendered a monetary award to the petitioner, considering his sudden departure. The appellate court upheld the lower court's decision, emphasizing that arbitration awards are given deference and are not subject to judicial review for merely erroneous factual findings unless completely irrational. Since the arbitrators' award was not irrational, the Supreme Court's order was affirmed.

Arbitration AwardConfirmation of AwardVacatur of AwardEmployment DisputeJudicial Review of ArbitrationDeference to ArbitratorsIrrational FindingsNew York LawFederal LawAppellate Affirmation
References
4
Case No. MISSING
Regular Panel Decision
May 02, 1984

Pottala v. Pottala

The case involves an appeal from a judgment regarding the equitable distribution of marital property and a maintenance award. The parties, married for nine years, divorced due to the defendant's cruel and inhuman treatment. The defendant contested the plaintiff's pension interest, the $110 weekly maintenance, and the accuracy of her net worth statement. The court upheld the net worth statement and affirmed the indefinite maintenance award, recognizing the plaintiff's self-sufficiency efforts despite limited earning potential. The judgment was modified to adjust maintenance arrears by crediting the defendant with a portion of cashed tax refund checks.

Equitable DistributionMaintenance AwardMarital PropertyPension RightsNet Worth StatementDivorce DecreeAppellate ReviewFinancial DisparitySpousal SupportCruel and Inhuman Treatment
References
7
Case No. MISSING
Regular Panel Decision
Jan 06, 1989

Smith v. Smith

In this case, the Supreme Court, Westchester County, initially granted equitable distribution of State lottery winnings by allocating 85% to the defendant husband and 15% to the plaintiff wife. The parties were married in 1982, and the defendant won $13.5 million in the lottery in 1985 through a pool with co-workers. Although the wife regularly played the lottery, the husband rarely did. The court found the winnings to be marital property but awarded the wife only 15% based on the ticket being acquired solely through the husband's efforts. On appeal, the judgment was unanimously reversed, with the appellate court determining that a more equitable distribution would be an equal division of the lottery winnings, citing the parties' equal contributions to the marriage, their treatment of it as a partnership, and the fact that the winnings were their only significant asset.

Equitable DistributionLottery WinningsMarital PropertySpousal ContributionsDomestic Relations LawProperty DivisionAppellate ReviewMatrimonial AssetsFinancial AssetsDissolution of Marriage
References
7
Case No. MISSING
Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss
References
3
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