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
Apr 15, 1964

United Electrical, Radio & Machine Workers v. Star Expansion Industries, Inc.

This case concerns a motion for a preliminary injunction filed by the United Electrical, Radio and Machine Workers of America (UE) against Star Expansion Industries, Inc. and Local #1968, International Brotherhood of Electrical Workers (IBEW). UE, newly certified as the bargaining agent, sought to displace IBEW in an ongoing arbitration concerning the discharge of employee Albert E. Dinges, which IBEW had commenced under its prior collective bargaining agreement. The court denied the injunction, affirming the arbitrator's decision that IBEW, as the union that initiated the grievance under its contract, retained the right to conclude the arbitration despite its decertification and contract expiration. The ruling emphasized the contractual nature of arbitration and the federal policy promoting industrial peace by allowing established proceedings to continue.

Collective BargainingUnion RepresentationArbitrationInjunctive ReliefDecertificationGrievanceLabor DisputeContractual ObligationFederal PolicyIndustrial Peace
References
10
Case No. 2015 NY Slip Op 01941 [126 AD3d 788]
Regular Panel Decision
Mar 11, 2015

Matter of Committee to Stop Airport Expansion v. Wilkinson

This case is a CPLR article 78 proceeding challenging a determination by the Town Board of the Town of East Hampton. The petitioners sought to review the adoption of a Final Generic Environmental Impact Statement and Findings Statement concerning an Airport Master Plan Update. The Supreme Court, Suffolk County, denied the petition and dismissed the proceeding, a decision which the petitioners appealed. The Appellate Division, Second Department, affirmed the lower court's order and judgment, concluding that the Town Board fulfilled its obligations under the State Environmental Quality Review Act (SEQRA). The court found that the Town Board took a 'hard look' at potential noise impacts, provided a reasoned elaboration for its determination, and considered a reasonable range of alternatives.

Environmental LawSEQRAAirport ExpansionNoise ImpactCPLR Article 78Administrative ReviewJudicial ReviewTown BoardEnvironmental Impact StatementAlternatives Analysis
References
9
Case No. ADJ10012313
Regular
May 01, 2017

ERNESTO VELASQUEZ vs. VJ'S HOME EXPANSIONS

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal in the case of Velasquez v. VJ's Home Expansions. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration would be inadequate. The WCAB found the defendant failed to meet this high burden, deferring to the administrative law judge's analysis of the merits. Therefore, the defendant's request for removal was denied.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportsubstantial prejudiceirreparable harmreconsiderationsupplemental pleadingextraordinary remedyCal. Code Regs.tit. 8
References
2
Case No. MISSING
Regular Panel Decision
Apr 07, 1999

Hill v. Warner Bros.

This case involves an appeal affirming a lower court's grant of summary judgment, dismissing a personal injury complaint. The plaintiff was deemed a "special employee" of defendant By Any Means Necessary Cinema (BAMN), despite concurrent employment with IDC Services, which barred his personal injury action under the Workers’ Compensation Law. The court also found that other named defendants, including Spike Lee, were co-employees, precluding an action against them under Workers’ Compensation Law § 29(6). Furthermore, defendants Warner Brothers, Inc. and Forty Acres & A Mule Film Works were not involved in the film production, and Palace Fried Chicken was too distant to be a contributing factor. Finally, no evidence supported a finding of negligence against defendant John Catsimatides.

Workers' Compensation LawSpecial EmploymentCo-employee ImmunitySummary JudgmentPersonal Injury ClaimAppellate AffirmationFilm IndustryPayroll ServicesNegligenceNew York Supreme Court
References
2
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. ADJ10501478
Regular
Feb 20, 2018

MICHAEL SILVESTRI vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Michael Silvestri, a Deputy Sheriff, sustained an industrial heart injury under the Labor Code Section 3212.5 presumption. The Board found that premature ventricular contractions (PVCs) constitute "heart trouble" within the expansive meaning of the statute, even if asymptomatic or not ratably disabling. Defendant failed to rebut the presumption by proving a solely non-industrial cause for the condition.

Workers' Compensation Appeals BoardCounty of El DoradoMichael SilvestriYork Risk Services GroupADJ10501478Opinion and Order Denying Petition for ReconsiderationFindings of Factindustrial injuryheart trouble presumptionLabor Code sections 3212 and 3212.5
References
4
Case No. 2018 NY Slip Op 04998 [163 AD3d 1110]
Regular Panel Decision
Jul 05, 2018

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO v. Olympic Regional Dev. Auth.

This case addresses whether seasonal employees who are laid off and subsequently rehired retain their original collective bargaining unit affiliation under Public Authorities Law § 2629 (2) (a). The Civil Service Employees Association (CSEA) challenged Olympic Regional Development Authority's (Olympic) decision to place rehired seasonal employees into Olympic's bargaining unit, arguing layoffs are not terminations. The Supreme Court initially sided with CSEA, annulling Olympic's determination. However, the Appellate Division, Third Department, reversed this decision. The Appellate Division held that the phrase 'terminated or otherwise ceases, by any means' in the statute includes layoffs, thus meaning rehired seasonal employees are not entitled to return to their former negotiating unit. The court emphasized that interpreting 'by any means' as petitioner urged would render the phrase superfluous.

Public Authorities LawCollective Bargaining UnitLayoffRehireStatutory InterpretationCivil Service EmployeesSeasonal EmployeesBelleayre Mountain Ski CenterOlympic Regional Development AuthorityEmployment Termination
References
18
Case No. MISSING
Regular Panel Decision

Wolfe v. Sibley Lindsay & Curr Co.

Chief Judge Breitel dissents from the majority opinion, arguing against the expansion of compensable psychic trauma to include instances where the trauma results from events happening to others. He differentiates this from cases where the claimant is directly involved in the traumatic event. Breitel emphasizes that an individual's vulnerability to such trauma is often idiopathic and specific to their psychological makeup, citing the claimant's 'pseudoneurotic schizophrenic with paranoid features.' The dissent warns that an 'open-ended expansion' of compensation benefits for costly psychiatric care could overburden the existing workmen's compensation system. Therefore, Chief Judge Breitel votes to affirm the Appellate Division's order, implicitly disagreeing with the overall reversal.

Psychic TraumaWorkers' CompensationEmotional DistressBystander RecoveryProximate CauseIdiopathic ConditionsAppellate ReviewDissenting OpinionSystem OverburdeningPsychiatric Care Costs
References
10
Case No. MISSING
Regular Panel Decision

Cornell University v. Bagnardi

The New York Court of Appeals addressed two consolidated cases involving local zoning regulations and educational institutions' expansion plans. The court held that the presumption of public benefit from educational uses can be rebutted by evidence of a net negative impact on public health, safety, and welfare. Municipalities may impose reasonable special permit conditions to mitigate adverse effects, but cannot require institutions to prove a "need" for expansion, as this criterion is outside the scope of police power. Consequently, the denials of applications by Cornell University and Sarah Lawrence College, which were based on impermissible "need" criteria, were deemed improper. Both cases were remitted to their respective zoning boards for reconsideration under the clarified legal standards.

Zoning RegulationsEducational InstitutionsSpecial PermitsLand UsePolice PowerPublic WelfareHardshipVarianceMootnessRemittal
References
18
Case No. MISSING
Regular Panel Decision

Interborough Rapid Transit Co. v. Lavin

The Interborough Rapid Transit Company sought an injunction against former employees who instigated a strike and were encouraging current employees to leave the company's established "Brotherhood" union to join the "Amalgamated Association." The case examined the legality of such inducement and the broad injunction initially granted pendente lite. The court found that while employees have the right to leave employment and join other unions, and outsiders can persuade them using lawful means, the injunction's broad scope was not justified. It reversed the prior orders and remitted the motion, questioning but not definitively ruling on whether urging employees to conceal their new union affiliations from their employer constitutes an unlawful means. The decision reaffirms that unlawful actions like trespass, force, or deceit can always be enjoined.

Labor DisputeInjunctionEmployment LawUnion OrganizingFreedom of ContractEmployer-Employee RelationsCompany UnionTrade Union SolicitationConcealment of Union MembershipWrongful Interference
References
2
Showing 1-10 of 432 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