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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
Sep 27, 2018

Saint-Jean v. Emigrant Mortg. Co.

This case involves a lawsuit by eight Black property owners against Emigrant Mortgage Company and Emigrant Bank, alleging predatory "STAR NINA" loans that targeted minority communities. Plaintiffs claimed these loans were designed to strip home equity by imposing an onerous 18% interest rate upon late payment, a calculated plan given the borrowers' low credit scores and lack of sophistication. A jury found Emigrant liable for violating the Fair Housing Act, Equal Credit Opportunity Act, and New York City Human Rights Law, awarding compensatory damages. Following the verdict, both parties filed post-trial motions. The court granted in part and denied in part both defendants' and plaintiffs' motions, notably finding the Saintils' waiver unenforceable due to public policy and ordering a new trial on damages for all plaintiffs, citing inconsistencies and lack of clarity in the original awards.

Predatory LendingSubprime MortgagesRacial DiscriminationFair Housing ActEqual Credit Opportunity ActNew York City Human Rights LawJury VerdictPost-Trial MotionsDamagesNew Trial
References
46
Case No. ADJ9770624; ADJ10440533
Regular
Jun 09, 2025

SUMUDU JAYASURIYA vs. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, ATHENS ADMINISTRATORS

The applicant, Sumudu Jayasuriya, sought reconsideration of a Findings and Award (F&A) from March 7, 2025, concerning a low back injury sustained in 2014 while employed by San Francisco Bay Area Rapid Transit District. The WCJ had found 16% permanent disability and entitlement to further medical treatment. The applicant contended that Dr. Holmes's medical reporting was not substantial evidence, the WCJ failed to consider his post-trial briefs, and defendant's attorney engaged in misconduct. The Appeals Board denied the petition for reconsideration, upholding the WCJ's reliance on Dr. Holmes's report as substantial medical evidence, affirming the WCJ's decision regarding post-trial briefs, and finding no basis for the alleged attorney misconduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTrain Control Electronic TechnicianLow Back InjuryTemporary Disability IndemnityPermanent Disability IndemnityStipulations with Request for AwardNew and Further DisabilityQualified Medical Examiner
References
10
Case No. MISSING
Regular Panel Decision

Kaczor v. City of Buffalo

Walter Kaczor, a retired Buffalo Police Officer, sued the City of Buffalo and its officers for age discrimination under the ADEA and New York State Human Rights Law, alleging he was not reinstated due to his age. A jury found the defendants willfully discriminated against Kaczor. Defendants filed post-trial motions challenging the sufficiency of evidence, jurisdictional issues, and damages computation. The court denied defendants' motions for judgment notwithstanding the verdict on liability and willfulness, finding ample evidence to support the jury's findings, including direct evidence of age discrimination. The court also denied motions to dismiss Kaczor's ADEA and pendent state law claims, confirming jurisdiction despite complex interplays between federal and state filing requirements. Issues related to the excessiveness of damages were referred to a Magistrate for settlement negotiations.

Age Discrimination in Employment Act (ADEA)New York State Human Rights LawPost-Trial MotionsWillful DiscriminationJudgment Notwithstanding the Verdict (JNOV)Procedural RequirementsJurisdictional IssuesElection of RemediesDamagesEmotional Distress
References
24
Case No. MISSING
Regular Panel Decision

Thompson v. Roland (In Re Roland)

This post-trial decision concerns an adversary proceeding initiated by the plaintiff, Marjorie Thompson, Esq., against her former husband, the debtor, in a Chapter 7 bankruptcy case. The plaintiff sought to declare the debtor's obligation to pay her attorney's fees non-dischargeable under 11 U.S.C. § 523(a)(5) or (a)(15). These fees stemmed from state court litigation where the plaintiff compelled the debtor to cooperate in the sale of a jointly owned property, and from the current bankruptcy proceedings. The court analyzed whether an enforceable right to attorney's fees existed under the parties' separation agreement's indemnification clause. It concluded that the indemnification provisions did not cover the specific breach committed by the debtor, thus failing to establish a contractual right to attorney's fees. As a result, the court ruled there was no "debt" to be deemed non-dischargeable and dismissed the adversary proceeding on its merits.

Bankruptcy LawNon-Dischargeability of DebtAttorney's FeesSeparation AgreementIndemnification ClauseContract InterpretationRooker-Feldman DoctrineStipulation of LawChapter 7Adversary Proceeding
References
25
Case No. MISSING
Regular Panel Decision

Zapico v. Bucyrus-Erie Co.

This case addresses post-trial motions concerning the liability of Atlantic Container Lines (ACL), a stevedore, to Bucyrus-Erie Co., a truck-crane manufacturer and third-party plaintiff. The central issue is whether ACL enjoys immunity from contribution or indemnity claims under 33 U.S.C. § 905, following a jury finding that both Bucyrus-Erie's negligent manufacturing and ACL's incompetent employee (Antonio Fuet) equally contributed to the injury of Adolfo Millan and death of Joseph Zapico, ACL's employees. ACL argued it was immune as a compensation-paying stevedore and lacked an indemnity agreement. The court found that Bucyrus-Erie's claim was not 'on account of' the employee injury, but rather for partial indemnification based on ACL's implied warranty of workmanlike performance or a quasi-contractual theory. The court concluded that extending third-party benefits or apportioning damages based on fault would not violate statutory immunity and would be equitable, especially given manufacturers' lack of control over stevedoring functions and increasing strict liability. Therefore, ACL's motion for judgment in its favor was denied, Bucyrus-Erie Co.'s motion to amend its pleadings was granted, and Celia Zapico's motion to strike the jury's finding of contributory negligence was denied.

Stevedore LiabilityMaritime IndemnityLongshoremen's ActThird-Party ClaimsProduct Manufacturer NegligenceEmployee IncompetenceContribution LawWarranty of Workmanlike PerformanceFederal Civil ProcedurePost-Trial Litigation
References
14
Case No. MISSING
Regular Panel Decision

Hansen v. Post

The petitioner, a child protective worker, sought custody of Christopher Post, whose parents, Rose and William Post, had a documented history of child abuse and neglect, leading to the removal of seven other children from their care. Christopher had also been involved in two prior neglect proceedings. The parents exhibited severe deficiencies in parenting skills, an inability to address Christopher's emotional disturbances, and a history of rejecting assistance. After voluntarily placing Christopher with the petitioner, who became his psychological parent, they abruptly cut off contact. The Family Court found extraordinary circumstances, justified judicial intervention, and granted custody to the petitioner, a decision which the appellate court subsequently affirmed.

Custody DisputeParental UnfitnessChild NeglectExtraordinary CircumstancesFamily Court Act Article 6Child Protective ServicesAppealParental RightsPsychological ParentEmotional Disturbance
References
5
Case No. MISSING
Regular Panel Decision

United States v. Post

The case involves defendants Constance G. Post and Wayne Charles, convicted of mail fraud, honest services fraud, and conspiracy, who challenged their convictions post-trial following the Supreme Court's Skilling decision. Post, a Mount Vernon city official, engaged in undisclosed self-dealing to benefit Charles through various schemes involving city contracts and HUD funds. The court found that erroneous jury instructions on honest services fraud, which did not limit it to bribes or kickbacks, constituted a Skilling error. Given the intertwined presentation of valid pecuniary fraud and invalid honest services fraud theories, the court could not guarantee the jury's verdict was solely based on a permissible theory. Consequently, the motion to dismiss the mail fraud and conspiracy counts is granted, while Charles's false statements conviction remains due to a lack of prejudicial spillover.

Mail fraudHonest services fraudConspiracyPublic corruptionUndisclosed self-dealingSkilling v. United StatesJury instructionsHarmless error reviewFederal criminal lawPost-conviction motion
References
59
Case No. ADJ8180232
Regular
Sep 13, 2017

HUBERT OLIVER vs. PHILADELPHIA EAGLES, ACE/ESIS, INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HOME INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to review a judge's finding of no California jurisdiction over a professional football player's injury claim. The Board will consider whether the applicant was hired in California and if playing two games here creates sufficient connection for jurisdiction under the *Johnson* decision. The applicant will be allowed to file a supplemental brief referencing trial transcripts, and all parties will have an opportunity to brief the Board's intention to rule on the sufficiency of California's interest in adjudicating the claim.

Workers' Compensation Appeals BoardCalifornia jurisdictionindustrial injuryprofessional football playeremployment contractssubject matter jurisdictionsupplemental briefingcumulative traumaFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)due process
References
6
Case No. MISSING
Regular Panel Decision

Madeira v. Affordable Housing Foundation, Inc.

This case involves an action to recover damages for personal injuries sustained by plaintiff Jose Madeira at a construction site. The plaintiff sued Affordable Housing, the site owner, and Mountain Developers, the general contractor, under New York Labor Law § 240(1) (Scaffold Law). A jury in Phase I found the defendants liable and awarded Jose Madeira $638,671.63. In Phase II, the jury determined that the third-party defendant, Cleidson Silva d/b/a C & L Construction (plaintiff's employer), was 82% liable for the accident, while Mountain and Affordable were each 9% liable based on an indemnification agreement. The court addresses post-trial motions from both third-party defendants (Silva) for a new trial and third-party plaintiffs (Affordable and Mountain) for judgment notwithstanding the verdict, both of which are denied. Key issues included the plaintiff's right to lost earnings as an undocumented worker, the jury's apportionment of fault, and the preclusion of proof regarding lack of insurance.

Scaffold LawLabor Law § 240(1)Indemnification AgreementThird-Party ActionJudgment Notwithstanding the VerdictNew Trial MotionUndocumented Worker RightsLost EarningsImmigration Reform and Control Act (IRCA)Apportionment of Fault
References
19
Case No. VNO 447332, VNO 447334, VNO 467294
Regular
Dec 03, 2007

WILLIAM ROCCO vs. LANCASTER SCHOOL DISTRICT, AMERICAN CASUALTY INSURANCE CO., TIG INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior decision, finding that the WCJ's handling of the Statute of Limitations defense in Case No. VNO 447334 requires further development of the record regarding potential tolling or estoppel. The Board returned Cases No. VNO 447332 and VNO 447334 to the trial level for further proceedings and a new decision, while affirming the WCJ's finding of no industrial injury in Case No. VNO 467294. The Board clarified that estoppel was timely raised in post-trial briefs and that the employer's knowledge of the applicant's compensation rights is crucial to the Statute of Limitations defense.

Workers' Compensation Appeals BoardIndustrial InjuryStatute of LimitationsEstoppelTollingQualified Medical EvaluatorCumulative TraumaSpecific InjuryAffirmative DefenseDWC-1 Claim Form
References
5
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