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. 2018 NY Slip Op 05983
Regular Panel Decision
Sep 06, 2018

Matter of Taylor v. Little Angels Head Start

Claimant, Laverne Taylor, sought workers' compensation benefits for a bilateral knee condition, alleging it was work-related due to changes in her job duties at Little Angels Head Start. She filed her claim over a year after leaving employment, and the employer controverted it due to lack of timely notice under Workers' Compensation Law § 18. Although a Workers' Compensation Law Judge initially awarded benefits, the Workers' Compensation Board reversed the decision, denying the claim. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the employer lacked actual knowledge of a work-related injury and was prejudiced by the delay, as Taylor did not inform them of the work-related nature of her condition until much later.

Workers' Compensation BenefitsTimely NoticeWorkers' Compensation Law § 18Causally-Related InjuryAppellate ReviewBoard DiscretionEmployer KnowledgePrejudiceBilateral Knee ConditionMedical Leave
References
3
Case No. CV 93-1443 ADS
Regular Panel Decision
May 15, 2000

LI HEAD START CHILD DEVELOPMENT SERV. v. Kearse

This case addresses cross-motions for reconsideration regarding a prior court order compelling defendants to return $497,736 to L.I. Head Start. The defendants' motion, citing concerns about the financial stability of the Community Action Agencies Insurance Group (CAAIG) Fund if the transfer occurred, was denied, as the court found their evidence outdated and irrelevant to the appropriate assessment date of withdrawal in 1992. Conversely, the plaintiffs' motion for prejudgment interest on the owed sum was granted, with the court ordering the defendants to pay the principal amount plus interest accrued from September 1, 1992. Additionally, the court awarded attorneys' fees to the plaintiffs, finding evidence of bad faith on the part of the defendants and noting the deterrent effect such an award would have on other fund trustees. However, the plaintiffs' request for computer legal research costs was denied as not being a separately taxable expense.

ERISAPension PlanHealth Benefit FundMotion for ReconsiderationPrejudgment InterestAttorneys' FeesFund DepletionFinancial StabilityBad FaithFederal Rules of Civil Procedure
References
36
Case No. MISSING
Regular Panel Decision

Claim of Kenney v. Walsh Construction Co.

This Per Curiam decision addresses appeals concerning whether employers and their carriers are entitled to credit for lump-sum settlements in reopened workers' compensation cases. The cases of Kenney v. Walsh Construction Co. and Yurivich v. Sans Souci Nursing Home both involve claimants who received lump-sum awards for partial disabilities but later experienced worsening conditions, leading to reopened cases and increased awards. The Workmen’s Compensation Board denied credit to the carriers for the original lump-sum settlements, a decision affirmed by the Appellate Division. The court held that lump-sum settlements under Workmen’s Compensation Law § 15(5-b) cannot be indefinitely extended by excluding weeks where the claimant earned pre-injury wages. It affirmed that carriers assume the risk of reopened cases due to changed conditions, with no statutory or decisional basis for adjusting for claimant earnings during the period the lump-sum award covered.

Lump-sum settlementWorkmen's Compensation Law § 15(5-b)Credit for settlementReopened caseIncreased disabilityPost-disability earningsPre-disability earningsNonschedule adjustmentCaisson diseaseHerniated disc
References
5
Case No. MISSING
Regular Panel Decision

Moglia v. Sullivan County Head Start, Inc.

This memorandum decision addresses the defendants' motion for summary judgment concerning whether Sullivan County Head Start, Inc. acted "under color of law" in discharging the plaintiff, a key issue for a claim under 42 U.S.C. § 1983. The Court referenced prior decisions, specifically Morse v. North Coast Opportunities, Inc. and Nail v. Community Action Agency of Calhoun County, which established that despite extensive federal funding and regulation, Head Start personnel decisions are not made under color of law. This is because federal and state officials lack sufficient control over personnel actions, and Head Start programs do not perform traditionally exclusive governmental functions. Consequently, the court found that Sullivan County Head Start is not a governmental entity for constitutional litigation purposes, granting the defendants' motion for summary judgment and dismissing the plaintiff's pendant State law claims without prejudice.

Summary JudgmentColor of Law42 U.S.C. § 1983Head Start ProgramGovernmental EntityPersonnel DecisionsState ActionFederal FundingDismissal Without PrejudiceBivens Claim
References
5
Case No. MISSING
Regular Panel Decision

L.I. Head Start Child Development Services, Inc. v. Kearse

L.I. Head Start Child Development Services, Inc. and two class representatives filed an action against the individual trustees of the Community Action Agencies Insurance Group Fund (CAAIG Trust), alleging breaches of fiduciary duty under ERISA. The plaintiffs claimed that the defendants unlawfully refused to transfer Head Start's share of accumulated reserves, totaling $499,736, after Head Start withdrew from the CAAIG Trust in 1992. The court found that the CAAIG Trust segregated contributions by employer and that two purported amendments to the trust agreement, which would have prevented the transfer, were invalid. Citing ERISA Sections 1103(c)(1) and 1104(a)(1)(A) and relevant Second Circuit precedents, the court ruled that the defendants must transfer the reserve funds to a new trust for the benefit of Head Start's employees.

ERISAFiduciary DutyEmployee Benefits PlanHealth and Welfare FundTrust AgreementFund ReservesWithdrawal from FundTransfer of AssetsClass ActionBreach of Fiduciary Duty
References
14
Case No. MISSING
Regular Panel Decision

Cianciulli v. Perales

This case concerns a petitioner's challenge under CPLR article 78 against determinations by the New York State Commissioner of Social Services. The Commissioner affirmed a local agency's decision to discontinue the petitioner's Aid to Families with Dependent Children (AFDC) grant due to receiving a lump-sum income exceeding household needs. The Commissioner also affirmed that a $2,600 loan repayment was not a life-threatening circumstance, thus not deductible from the lump-sum income for AFDC reapplication. The court confirmed both determinations, finding the petitioner's arguments lacked merit. It rejected claims that regulation 18 NYCRR 352.29 [h] violates constitutional duties or statutory mandates, or creates an invalid conclusive presumption of income availability. The court upheld the Commissioner's interpretation that life-threatening situations occur after lump-sum receipt, not for prior debts, even if those debts were for life-threatening circumstances at the time they were incurred.

AFDCLump-sum incomePublic assistanceSocial Services LawLife-threatening circumstanceLoan repaymentAdministrative reviewConstitutional lawStatutory interpretationEligibility criteria
References
7
Case No. MISSING
Regular Panel Decision

Howard v. Headly

Plaintiff Carter Howard, an inmate, filed a civil rights action under 42 U.S.C. §§ 1983 and 1985 against prison officials Headly, Crum, and Fiegl-Bock, alleging violations of his First, Eighth, and Fourteenth Amendment rights. Howard claimed he was forced to perform strenuous work beyond his physical capabilities despite medical restrictions and repeated complaints, leading to further injuries. Defendants moved to dismiss the complaint for failure to state a claim and on qualified immunity grounds. The Court denied the motion, finding that Howard sufficiently alleged an Eighth Amendment claim based on deliberate indifference to his serious medical condition and that the defendants were not entitled to qualified immunity at this stage.

Civil RightsInmate RightsEighth AmendmentCruel and Unusual PunishmentDeliberate IndifferencePrison ConditionsMedical RestrictionsQualified ImmunityMotion to DismissPleading Standards
References
51
Case No. MISSING
Regular Panel Decision

Pik Quan Leong v. 127 Glen Head Inc.

The plaintiff, Pik Quan Leong, initiated an action against 127 Glen Head Inc. (Kiraku Japanese Restaurant) and its owner, Jin Hang Zheng, alleging violations of Title VII, FLSA, New York Executive Law, and other state and city labor regulations, primarily focusing on unpaid overtime wages. The plaintiff moved for summary judgment on the issue of liability for her overtime pay claims. The court denied the plaintiff's motion, citing the presence of genuine issues of material fact regarding the actual hours worked, the typical pay rate, the amount of overtime hours, and the compensation received for overtime. The court also noted inconsistencies in the plaintiff's complaint and affidavit, as well as issues with missing time card records, contributing to the denial.

Overtime PaySummary Judgment MotionFair Labor Standards ActNew York Labor LawWage and Hour DisputeEmployment LitigationMaterial FactsRecordkeeping InconsistenciesDistrict CourtCashier Employment
References
15
Case No. MISSING
Regular Panel Decision

Dumas v. Agency for Child Development-New York City Head Start

Plaintiff Dumas was discharged from her employment as director of the Head Start program operated by defendants The Children’s Aid Society (CAS) and the Agency for Child Development. She filed a pro se complaint alleging employment discrimination based on race and sex, citing violations of federal statutes and asserting state law claims. Defendants moved to dismiss the complaint, arguing that federal claims were time-barred by the three-year statute of limitations, as the discharge occurred on August 15, 1975, and the action was filed on August 12, 1981. Dumas contended the statute was tolled due to mental disability ("insanity") under New York CPLR § 208, claiming it persisted until August 1978. The court, however, found Dumas's activities, including holding a supervisory job and seeing patients as a therapist, inconsistent with the severe incapacitation required for the insanity toll. Dr. Stephenson's medical report also did not support a finding of continuous incapacitation. Therefore, the court granted the defendants' motions to dismiss the complaint.

Employment DiscriminationStatute of LimitationsMental Disability TollInsanity TollCPLR 208Federal Claims DismissalState Law ClaimsHead Start ProgramRace DiscriminationSex Discrimination
References
7
Case No. MISSING
Regular Panel Decision

L.I. Head Start Child Development Services, Inc. v. Economic Opportunity Commission of Nassau County, Inc.

This case, a "MEMORANDUM OF DECISION AND ORDER," addresses a class action brought by L.I. Head Start Child Development Services, Inc. and Paul Adams against Community Action Agencies Insurance Group (CAAIG), the Economic Opportunity Commission of Nassau County, Inc. (EOC Nassau), the Economic Opportunity Council of Suffolk County, Inc. (EOC Suffolk), Yonkers Community Action Program, Inc. (Yonkers CAP), and the Estate of John L. Kearse. The plaintiffs alleged various breaches of fiduciary duty under ERISA, including the diversion of reserves, failure to adequately fund the plan, failure to collect delinquent contributions, and unjust enrichment. The court found in favor of the defendants on the claims of reserve diversion and unjust enrichment. However, the defendants were found liable for failing to adequately fund the CAAIG Plan, with damages to be determined in a future hearing, and EOC Nassau, Yonkers CAP, and Kearse's Estate were held liable for $9,000 plus interest for failing to collect delinquent contributions from EOC Suffolk.

ERISA Fiduciary DutyEmployee Benefit PlanDelinquent ContributionsUnjust EnrichmentCo-Fiduciary LiabilityTrust Agreement AmendmentsPlan ReservesClass Action LawsuitEastern District CourtPension and Welfare Funds
References
36
Showing 1-10 of 422 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