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
Sep 30, 1977

Hanney v. Commissioners of Elections of Westchester County

John F. Hanney, the petitioner, challenged the results of the Conservative Party primary election for Council Member in the 11th Ward of Yonkers, where Raphael Wik was certified as the winner. Hanney alleged several irregularities, including uncounted write-in votes for himself and an invalid vote for Wik. The Supreme Court, Westchester County, initially set aside the election and ordered a new primary. The appellate court affirmed this judgment, independently reviewing the record. They found that Hanney should have received five additional votes and that one of Wik's votes was improperly counted, resulting in a tie. Consequently, a new primary election was deemed necessary.

Primary ElectionVote CountingElection IrregularitiesWrite-in VotesVoter IntentTie VoteNew Election OrderedAppellate ReviewWestchester CountyYonkers
References
2
Case No. MISSING
Regular Panel Decision

Salvamoser v. Pratt Institute

The plaintiff appealed an order granting summary judgment to the defendants, Pratt Institute and 205 Ashland Associates, for personal injuries resulting from a criminal assault. The plaintiff was robbed on a public street near her residence, owned by 205 Ashland Associates and leased by Pratt Institute, then forced into her apartment and to a bank. She alleged negligence by the defendants for a defective or open front door, contending they failed to provide adequate security. The Supreme Court found the defendants' actions were not a substantial cause of the injury, as the criminal act originated off-premises and the plaintiff would have been compelled into her apartment regardless of the door's security. The appellate court affirmed the summary judgment dismissal, concluding that the causal connection between any negligence and the criminal act was too attenuated as a matter of law.

Personal InjuryCriminal AssaultNegligencePremises LiabilitySummary JudgmentCausationProximate CauseLandlord LiabilityAppellate ReviewSecurity Measures
References
5
Case No. MISSING
Regular Panel Decision

Jackson v. Cassellas

In a sex discrimination case that resulted in a successful settlement for the plaintiff, Ms. Jackson, her attorney, William A. Price, Esq., sought an award for attorney fees and expenses. The defendant, EEOC, objected to the fee application due to concerns about the hourly rate, lack of contemporaneous records, and vague work descriptions. Presiding Judge Curtin, after considering the complexities of the case, Mr. Price's integrity, and the issues with document production, determined that a 15% reduction for vagueness and record-keeping deficiencies was warranted. However, the court also awarded a 10% bonus for the excellent results achieved and the difficulties encountered, resulting in a net 5% reduction. The final award for attorney fees was $291,405.85, with an additional $14,785.77 reimbursed for costs.

Attorney FeesSex DiscriminationCivil Rights Act of 1991Lodestar MethodHourly Rate CalculationContemporaneous RecordsVagueness of RecordsFee ReductionFee EnhancementSettlement Agreement
References
21
Case No. MISSING
Regular Panel Decision

Svensson v. Securian Life Insurance

Plaintiff Paul Svensson sued Securian Life Insurance Company to claim a $200,000 accidental death benefit for his wife, Providencia R. Svensson, who died from bronchopneumonia after inhaling a community-spread Group A streptococcus bacterial pathogen. The accidental death policy covered deaths resulting from 'accidental injury' but excluded illness or disease, and infections unless occurring simultaneously with and as a result of an 'accidental injury.' The Court, presided over by Judge Kenneth M. Karas, granted Defendant's motion to dismiss, finding that contracting an infection through normal means, like airborne transmission, does not constitute an 'accidental injury' under New York law or the policy's terms. The court distinguished this from cases where infection results from a separate, traumatic injury, concluding that the policy was not drafted to cover pneumonia contracted from the ambient air.

Accidental Death InsuranceInsurance Policy InterpretationContract LawAccidental Injury DefinitionInfection Exclusion ClauseDisease CoverageWorkers' Compensation Law ComparisonNew York LawMotion to DismissSummary Judgment
References
60
Case No. MISSING
Regular Panel Decision

People v. Campbell

The defendant was convicted of two counts of attempted assault in the second degree after a nonjury trial, following an indictment for attempted rape and other charges. The conviction was affirmed by the Appellate Division. The defendant appealed, arguing that attempted assault under Penal Law § 120.05 (3) is a legal impossibility because the statute imposes criminal responsibility for an unintended injury, and one cannot attempt to bring about an unintended result. The Court of Appeals agreed, stating that an attempt requires an intent to commit a specific crime and bring about the proscribed result. Since Penal Law § 120.05 (3) does not require intent to cause injury, but rather intent to prevent an officer from performing a lawful duty while causing injury, there can be no attempt to commit a crime whose core result (injury) is not intended. Consequently, the crime of attempted assault in the second degree under this subdivision was deemed a legal impossibility, and the Appellate Division's order was reversed, and the assault counts dismissed.

Criminal LawAttempted AssaultPenal LawSecond Degree AssaultIntent to InjureLegal ImpossibilityStrict LiabilityAppellate ReviewCriminal CulpabilityLawful Duty
References
31
Case No. MISSING
Regular Panel Decision
Nov 25, 1981

Claim of Anderson v. William Youngblood Associates

The Workers' Compensation Board affirmed a decision holding that the death of John Anderson resulted from an accidental injury which arose out of and in the course of his employment. The board found that Anderson was attending a town meeting on behalf of his employer, William Youngblood, and was reimbursed for travel expenses. His stop at a restaurant after the meeting to discuss it was not considered a deviation from employment. Additionally, the court found no reversible error in excluding the results of a blood alcohol test from an autopsy report.

Workers' Compensation BoardAccidental InjuryCourse of EmploymentEmployer LiabilityTravel ReimbursementMeeting AttendanceBlood Alcohol Test ExclusionAutopsy ReportEvidentiary RulingSubstantial Evidence
References
4
Case No. ADJ3742826 (SAL 0119321)
Regular
Oct 29, 2008

DAVID MARTONE vs. DISTRICT; GREGORY BRAGG & ASSOCIATES, Central Fire Protection District

Following a remand from the Court of Appeal, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to address apportionment. The Board found that the applicant's prior 2000 industrial injury, which resulted in a 20% permanent disability award, did not demonstrably overlap with the applicant's 2006 injury. Therefore, the WCAB apportioned 20% of the permanent disability to the prior injury under Labor Code Section 4663, resulting in a net permanent disability rating of 8% for the current injury.

ApportionmentLabor Code section 4664Labor Code section 4663Permanent Disability Rating Schedule (PDRS)Qualified Medical Examiner (QME)primary treating physicianmedical opinioncausationoverlapprior industrial injury
References
9
Case No. MISSING
Regular Panel Decision

Claim of Closson v. Dutchess County Sheriff's Department

A claimant alleged a workplace injury resulted from a physical altercation with a co-worker who grabbed her shirt collar during a dispute about the co-worker's daughter, causing the claimant to fall and injure her knee. The co-worker corroborated that the incident stemmed from a discussion about "personal business." The Workers’ Compensation Board concluded that the claimant's injury was a result of a personal exchange, and therefore, not a compensable injury. This finding, supported by reasonable inferences and substantial evidence, was upheld. The claimant's other arguments were dismissed as lacking merit.

Workplace InjuryPersonal DisputeWorkers' Compensation BoardNon-CompensableSubstantial EvidenceAppellate DecisionAffirmed DecisionCo-worker AltercationScope of EmploymentJudicial Concurrence
References
2
Case No. MISSING
Regular Panel Decision

Laib v. State Insurance Fund

The court affirmed a decision regarding a claimant's accidental injury sustained from struggling with heavy office doors. The employer argued against an unusual or extraordinary condition, but the court disagreed, finding the doors' difficulty not a natural employment result. The employer's argument that the claimant's testimony was contradicted by her supervisor and an investigator was also dismissed, as the investigator's observations were not found helpful by the Board. The Board's decision was supported by substantial evidence, regardless of proof that could support a contrary result. The employer's remaining contentions were considered and found unpersuasive.

Workers' CompensationAccidental InjuryWorkplace SafetyUnusual Environmental ConditionsOffice BuildingHeavy DoorsBoard DecisionAffirmationSubstantial EvidenceClaimant Testimony
References
3
Case No. ADJ2601082 (SRO 00994437); ADJ641109 (SRO 013784); ADJ2342446 (SRO 0132314); ADJ3682825 (SRO 0132313)
Regular
Aug 09, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. K-MART CORPORATION; SEDGWICK, TYRIS CORPORATION; STATE COMPENSATION INSURANCE FUND, G&G FOODS; STATE COMPENSATION INSURANCE FUND

In these consolidated cases, the Workers' Compensation Appeals Board reversed Workers' Compensation Judge decisions that limited attorney William T. Ferchland's fees to 12% of increased benefits. The Board found that Ferchland's requested fees, ranging from 13% to 15%, were justified given the good results obtained for his clients through successful negotiations of Compromise and Release agreements. The Board emphasized that while time is a factor, the quality of results achieved is paramount in fee determinations. Consequently, the Board awarded Ferchland the higher fee percentages he initially sought in each case.

Compromise and ReleaseIncreased BenefitsAttorney's FeesWCJ ReportPetition to ReopenPermanent DisabilityMedical TreatmentMandatory Settlement ConferenceVoluntary CooperationLegal Complexity
References
0
Showing 1-10 of 1,584 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