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. 526688
Regular Panel Decision
Dec 27, 2018

Matter of Bufearon v. City of Rochester Bur. of Empl. Relations

Claimant Kamren Bufearon sustained work-related injuries in a motor vehicle collision on March 4, 2016, for which his workers' compensation claim was established for injuries to his left shoulder, left hip, and lower back. Subsequently, he sought to amend his claim to include a causally-related cervical spine injury, which was initially approved by a Workers' Compensation Law Judge. However, the Workers' Compensation Board reversed this decision, finding that the claimant failed to sufficiently demonstrate a causal relationship between his cervical spine condition and the March 4, 2016 incident. The Appellate Division affirmed the Board's decision, noting that the medical testimony from two physicians contained conflicting findings and equivocal narratives regarding causation. The court concluded that the Board was entitled to reject the physicians' opinions as speculative, particularly since neither physician had reviewed the claimant's prior medical records for a pre-existing cervical spine fusion surgery.

Cervical spine injuryCausal relationshipMedical evidenceSubstantial evidence reviewAppellate DivisionWorkers' Compensation BoardPre-existing conditionCredibility of physiciansBurden of proofMotor vehicle accident
References
13
Case No. 2016 NY Slip Op 02787 [138 AD3d 797]
Regular Panel Decision
Apr 13, 2016

Mileski v. MSC Indus. Direct Co., Inc.

Drena Mileski, as administratrix of Ronald P. Mileski's estate, initiated a wrongful death action following Ronald's death from injuries sustained operating a lathe machine. The plaintiff sought to amend the complaint to include Burns Real Estate, LLC, Nijon Tool Co., Inc., Island Machine Supply Corp., and John Raymond Burns as additional defendants, relying on the relation-back doctrine. The Supreme Court granted this amendment. However, the Appellate Division reversed, ruling that the relation-back doctrine was inapplicable. The court reasoned that if the new defendants were united in interest with the employer, they would share the employer's immunity under the Workers' Compensation Law, rendering the claims time-barred.

Wrongful DeathLathe AccidentRelation-Back DoctrineStatute of LimitationsAmended ComplaintVicarious LiabilityWorkers' Compensation ImmunityAppellate ProcedureTimeliness of AppealUnity of Interest
References
12
Case No. MISSING
Regular Panel Decision
Jan 09, 1991

Claim of Ingham v. Oswego County

The claimant, a nursing assistant for Oswego County, sustained multiple injuries, including to the knee, back, wrist, and head, in an August 1979 accident while assisting a client. Over time, the claimant's condition deteriorated, leading to permanent total disability. A Workers’ Compensation Law Judge initially found a causally related disability for the knee and wrist, later amending it to include the low back and consequential obesity. The self-insured employer, Oswego County, appealed this decision, arguing the back injury claim was untimely and that the disability should be apportioned due to the claimant's prior back history and obesity. The Workers’ Compensation Board affirmed the WCLJ's decision, rejecting the County’s arguments by finding a waiver of the timeliness objection and substantial evidence supporting the aggravation of preexisting conditions as causally related to the 1979 accident, leading to total disability.

Permanent Total DisabilityCausally Related DisabilityAggravation of Preexisting ConditionWaiver of Section 28 DefenseTimeliness of Claim ObjectionConflicting Medical EvidenceSpinal InjuryObesity-Related DisabilityJoint InjuryEmployer Self-Insured
References
3
Case No. MISSING
Regular Panel Decision

Rochester Club v. New York State Labor Relations Board

The petitioner, an employer, was charged with unfair labor practices by the New York State Labor Relations Board. Despite a trial examiner's recommendation to dismiss the complaint, the Board found unfair labor practices and ordered the matter reopened for further hearings to determine employee reinstatement and back pay. The petitioner initiated an Article 78 proceeding to review this Board order, which the Board moved to dismiss as non-final. The court held that under New York Labor Law, the Board's order, granting no relief and requiring further evidence, is an interlocutory order not subject to immediate judicial review. The court distinguished this from federal practice, where similar orders may be considered final, due to differences in state and federal procedural acts. Consequently, the court dismissed the petition, ruling that a final order from the Board was still pending.

Administrative LawJudicial ReviewFinal OrderInterlocutory OrderLabor LawUnfair Labor PracticeNew York State Labor Relations BoardArticle 78 ProceedingAppellate ProcedureStatutory Interpretation
References
8
Case No. MISSING
Regular Panel Decision

Claim of La Fave v. St. Lawrence County

Claimant sustained a work-related back injury in October 1992. Years later, in November 1996, he was diagnosed with sciatica and a herniated disc, leading to surgery in March 1997. The Workers’ Compensation Board concluded that his back condition was causally related to the 1992 injury. The employer appealed this decision. The court affirmed the Board's finding, noting medical evidence supporting the causal relationship from the treating orthopedist and an independent medical examiner, despite the employer's consultant expressing doubts. The court also found no abuse of discretion by the Board in rejecting the employer's request for further record development due to untimeliness.

Workers' CompensationBack InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationBoard DecisionAppealAffirmationTimelinessRecord Development
References
4
Case No. MISSING
Regular Panel Decision

Claim of Schuyler v. City of Newburgh Fire Department

Claimant, having sustained a work-related back injury, was involved in a motor vehicle accident while off-duty. Prior to the accident, he attended physical therapy for his back and picked up his paycheck from his employer. Subsequently, he embarked on personal errands, stopping at a bank and a bike shop before the accident occurred on his way home. The Workers’ Compensation Board determined that the injuries from the motor vehicle accident were not compensable, asserting that the personal errands broke the causal connection to his employment. The appellate court affirmed this decision, finding the Board's conclusion rational despite the initial work-related aspects of the trip.

Workers' CompensationMotor Vehicle AccidentOff-duty InjuriesCausal ConnectionPersonal ActivityScope of EmploymentAppellate AffirmationTrip DeviationPhysical TherapyPaycheck Collection
References
3
Case No. MISSING
Regular Panel Decision
Jul 13, 2005

Claim of Haas v. Gross Electric

Claimant appealed a Workers’ Compensation Board decision from July 13, 2005, which denied his claim for benefits, finding no causally related injury. The claim stemmed from a December 17, 2002, work-related motor vehicle accident. Initially, a Workers’ Compensation Law Judge found the claim established based on medical expert opinions linking a back injury to the accident. However, this determination was rescinded after the carrier submitted newly discovered evidence—medical records from claimant’s primary care physician, Thomas Coppens—revealing prior back injuries and that the current problems began while wrapping presents on December 24, 2002. Subsequent medical opinions became ambivalent or changed, leading to the disallowance of the claim by a Workers’ Compensation Law Judge, a decision later affirmed by the Board. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence in the record.

Motor Vehicle AccidentBack InjuryCausation DisputeMedical Expert OpinionPrior Medical HistoryNewly Discovered EvidenceSubstantial Evidence ReviewClaim DisallowanceAppellate AffirmationBoard Decision
References
1
Case No. C-5672, E-2429, C-5878
Regular Panel Decision

Buffalo United Charter School v. New York State Public Employment Relations Board

Petitioners, consisting of Buffalo United Charter School, Brooklyn Excelsior Charter School, and National Heritage Academies, Inc., initiated a CPLR article 78 proceeding to challenge and annul a February 14, 2011 decision by the New York Public Employment Relations Board (PERB). The PERB decision asserted jurisdiction over the charter schools, rejected National Labor Relations Act (NLRA) preemption claims, and determined that assistant principals were neither managerial nor confidential employees. Petitioners contended that PERB lacked jurisdiction due to its joint public-private employment doctrine, that the NLRA preempted PERB's authority, and that PERB erroneously found the assistant principals lacked managerial or confidential status. They also argued the PERB decision unconstitutionally impaired their contractual rights. The court largely upheld PERB's jurisdiction, ruling that the Charter Schools Act superseded PERB's joint public-private employment doctrine and denying the NLRA preemption claim. However, the court annulled PERB's determination regarding the managerial and confidential status of assistant principals at Brooklyn Excelsior Charter School, reinstating the Administrative Law Judge's original finding on that specific issue.

Charter SchoolsPublic Employment Relations Board (PERB)Taylor LawNational Labor Relations Act (NLRA)JurisdictionJoint Public-Private Employment DoctrineManagerial EmployeesConfidential EmployeesCollective BargainingCPLR Article 78
References
24
Case No. MISSING
Regular Panel Decision
Jan 23, 1996

Del Vecchio v. State

The claimants, Salvatore and Karen Del Vecchio, appealed an order from the Court of Claims which denied their motion for partial summary judgment on their Labor Law § 240 (1) claim and granted the defendant's cross-motion for summary judgment dismissing that claim. Salvatore Del Vecchio was injured while rescuing a co-worker who fell into Jamaica Bay during bridge construction, arguing his back injuries were a result of the incident caused by unsecured planking and lack of safety devices. The appellate court affirmed the order, holding that Labor Law § 240 (1) provides "exceptional protection" for specific gravity-related accidents (falling from height, struck by falling object) and does not extend to a rescuer like Del Vecchio, who did not sustain a direct gravity-related injury. The majority concluded that the "danger invites rescue" doctrine is not applicable to Labor Law § 240 (1) claims due to the statute's absolute liability and limited scope, which should not be expanded. A dissenting opinion argued that the doctrine should apply to workers injured while rescuing someone imperiled by a Labor Law § 240 (1) violation, emphasizing the statute's purpose of protecting workers and imposing strict liability.

Labor Law § 240 (1)Danger Invites Rescue DoctrineAbsolute LiabilityGravity-Related InjurySummary JudgmentPersonal InjuryConstruction AccidentElevated WorksiteProximate CauseAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

New York State Employment Relations Board v. Christ the King Regional High School

The New York State Employment Relations Board initiated a proceeding to enforce its order against Christ the King Regional High School, which mandated good-faith bargaining with the Lay Faculty Association and reinstatement of teachers. The School challenged this order on First Amendment grounds, specifically citing the Free Exercise and Establishment Clauses, arguing for an absolute exemption from the New York State Labor Relations Act. The Supreme Court and Appellate Division ruled in favor of the Board. The Court of Appeals affirmed these decisions, concluding that the Act, being a neutral and generally applicable regulatory measure, did not violate the First Amendment rights of the religious school in its labor relations with lay faculty. The court also upheld the reinstatement of teacher Gaglione, finding insufficient evidence of religious entanglement to preclude it.

First AmendmentFree Exercise ClauseEstablishment ClauseLabor LawCollective BargainingReligious SchoolsLay Faculty RightsEmployment DisputesJudicial ReviewAdministrative Order Enforcement
References
19
Showing 1-10 of 6,925 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