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

Case No. MISSING
Regular Panel Decision
Nov 25, 1997

Mark v. Board of Education

The Supreme Court, Kings County, denied the petitioners' application for leave to serve a late notice of claim, an order which was subsequently affirmed on appeal. The appellate court found no improvident exercise of discretion in the denial. The petitioners failed to provide a legally acceptable excuse for their almost six-month delay beyond the 90-day statutorily-prescribed period. Additionally, the petitioners did not provide the respondents with actual notice of the essential facts of the claim within the required timeframe. The court noted that the conditions at the accident scene changed to the prejudice of the respondents, preventing their own investigation, and the ladder involved was allegedly discarded immediately after the incident. Filing a Workers’ Compensation claim was also deemed insufficient to satisfy the notice requirements of General Municipal Law § 50-e.

late notice of claimjudicial discretionactual noticeprejudice to respondentchanged conditionsWorkers’ Compensation claimappellate reviewstatutory periodKings Countymunicipal liability
References
8
Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
4
Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision

Matter of Logan v. New York City Health & Hospital Corp.

The claimant, a medical surgery technician, initially reported a left knee injury after slipping on a wet floor on November 25, 2010. Nearly a year later, in September 2011, she filed a claim for additional injuries to her right knee, neck, back, and bilateral shoulders resulting from the same incident. A Workers' Compensation Law Judge initially disallowed these additional claims due to lack of timely written notice as per Workers’ Compensation Law § 18. However, both a Board panel and the full Workers’ Compensation Board subsequently excused the claimant's late notice, interpreting the statute to require employer knowledge of the accident, not each specific injury. The self-insured employer appealed, contending that "knowledge of the accident" should be construed as "knowledge of the injury," but the court affirmed the Board's decision, upholding the plain meaning and distinct statutory usage of "accident" and "injury."

Workers' CompensationNotice of InjuryTimely NoticeEmployer KnowledgeAccident vs. InjuryStatutory ConstructionPlain Meaning RuleLegislative IntentNew York LawAppellate Division
References
13
Case No. MISSING
Regular Panel Decision

Larsen v. JBC Legal Group, P.C.

The plaintiff, Kimberley Larsen, filed a class action lawsuit against JBC Legal Group, P.C., and other defendants under the Fair Debt Collection Practices Act (FDCPA). Larsen alleged that the defendants violated the FDCPA by sending a misleading collection letter attempting to collect debts from New York consumers. The plaintiff defined two classes, Class A and Class B, based on different alleged FDCPA violations. Larsen moved for permission to move simultaneously for summary judgment and Rule 23(b)(3) class certification, or alternatively, for Rule 23(b)(2) class certification, primarily to shift the cost of notice to the defendants. The court denied the plaintiff's motion for simultaneous summary judgment and Rule 23(b)(3) class certification, citing Supreme Court precedent that typically requires the plaintiff to bear the cost of notice. The court also indicated that Rule 23(b)(2) certification is unlikely to be granted in FDCPA cases in the Second Circuit.

FDCPAClass ActionSummary JudgmentClass CertificationRule 23(b)(3)Rule 23(b)(2)Cost of NoticeFair Debt CollectionFederal Rules of Civil ProcedureDebt Collection Practices
References
18
Case No. MISSING
Regular Panel Decision

Heagney v. European American Bank

Plaintiffs in this action allege that the defendant, European American Bank, discriminated against them based on age, violating the Age Discrimination in Employment Act (ADEA). The plaintiffs sought the court's authorization to proceed as an "opt-in" class action and to send notice to potential class members. The Court granted the motion, concluding that the case may proceed as an opt-in class suit, broadly defining the class to include employees whose employment was terminated through various mechanisms, not just early retirement, between June 1, 1984, and December 31, 1985. Furthermore, the Court determined that plaintiffs' counsel could provide written notice to other potential class members without requiring formal court authorization, citing recent Supreme Court rulings on attorney advertising and finding no legal precedent to prohibit such notice. The Court also found that the administrative filing requirements under the ADEA were satisfied for the class.

Age DiscriminationADEAClass ActionOpt-in ClassClass CertificationAttorney AdvertisingSolicitation of ClaimsEEOC Administrative ChargeFair Labor Standards ActEarly Retirement Incentive Program
References
20
Case No. MISSING
Regular Panel Decision

Mental Hygiene Legal Service v. Maul

The Mental Hygiene Legal Service (MHLS), represented by its director Bruce Dix, petitioned the court to compel Thomas Maul, Commissioner of OMRDD, and Joseph Colarusso, Director of Sunmount DDSO, to provide access to investigative files regarding an incident involving resident Lynnette T. MHLS argued its statutory mandate under Mental Hygiene Law § 47.03 required access to safeguard residents from abuse. Respondents contended the records were protected from disclosure under Education Law § 6527 (3) and Mental Hygiene Law § 29.29, which prioritize confidentiality for quality assurance and incident investigations. The court, however, distinguished between CPLR Article 31 discovery and MHLS's specific statutory right of access. The court ruled that the statutes cited by the respondents did not prohibit disclosure to MHLS, granting MHLS access to the requested investigative reports and underlying documentation, with the stipulation that MHLS maintain their confidentiality.

Mental Hygiene LawAccess to RecordsCPLR Article 78Investigative FilesPatient RightsConfidentialityAbuse and MistreatmentState FacilitiesOMRDDSunmount DDSO
References
1
Case No. ADJ7652044
Regular
Feb 23, 2015

Maria Gonzalez vs. Hoosier Plastic Fabrication, Inc., Pacific Compensation Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a WCJ's notice of intention to sanction and dismiss a lien claimant's bill, as well as a personal appearance order. The WCAB found that the lien claimant was not given proper notice or opportunity to address the alleged failure to comply with Business & Professions Code section 22450, which requires professional photocopiers to be registered. The WCAB also determined that ordering the personal appearance of individuals not party to the matter and without proof of service constituted an abuse of discretion. The matter was returned to the WCJ for further proceedings consistent with due process and requiring evidence and legal briefing on the licensing issue.

WCABPetition for RemovalLien ClaimantSanctionsBusiness LicenseBusiness and Professions Code Section 22450Professional PhotocopierDue ProcessWCJHearing Representative
References
6
Case No. MISSING
Regular Panel Decision

Horowitz v. New York City School Construction Authority

Petitioner Elizabeth Horowitz was injured in May 1995 at a construction site in Brooklyn. Initially, she served notices of claim on the City of New York and the New York City Board of Education, unaware of the New York City School Construction Authority's (SCA) involvement. She learned of SCA's role in March 1996 and subsequently sought leave to serve a late notice of claim. The petitioner argued that SCA had actual knowledge due to its involvement in the construction and its failure to post required identifying signage, which prevented her from timely identifying the correct municipal entity. SCA opposed, citing lack of actual knowledge and prejudice. The court granted the petitioner's application, reasoning that SCA was estopped from asserting an untimely claim defense because its non-compliance with legal signage requirements created the initial difficulty in identifying the responsible party.

Late Notice of ClaimEquitable EstoppelMunicipal LiabilityPublic Authorities LawConstruction Site AccidentSignage ViolationsGovernmental ImmunityPersonal InjuryStatute of LimitationsActual Notice
References
4
Case No. MISSING
Regular Panel Decision

In Re Thomson McKinnon Securities, Inc.

The Chapter 11 debtor, Thomson McKinnon Securities, Inc., moved to disallow James E. Parks' claim, arguing it was filed after the court-ordered bar date of October 30, 1990. Parks, a former customer, did not receive actual notice of the bar date, although the debtor was aware of his potential claim through letters from Legal Services. The court found that due process requires actual notice for known creditors and determined that the debtor had actual notice of Parks' asserted claim. Therefore, the court concluded that Parks was entitled to actual notice, which he did not receive, and granted an extension for his claim. Parks' proof of claim, filed on May 17, 1993, was deemed timely, and the debtor's motion to expunge was denied.

Bankruptcy LawProof of ClaimBar DateExcusable NeglectActual NoticeConstructive NoticeDue ProcessCreditors' RightsChapter 11Debtor in Possession
References
3
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