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

Case No. CA 12-02386
Regular Panel Decision
Nov 08, 2013

PRICE TRUCKING CORP. v. AAA ENVIRONMENTAL, INC.

Price Trucking Corp. (plaintiff-respondent) commenced an action alleging that First Niagara Bank, N.A. (defendant-appellant) violated Lien Law article 3-A by automatically transferring funds from AAA Environmental, Inc.'s operational account into its line of credit account, which Price Trucking claimed constituted a diversion of Lien Law trust assets. The Supreme Court granted Price Trucking's motion for partial summary judgment, finding First Niagara liable as a Lien Law statutory trustee and that it had both actual and constructive notice of the diversion. The Appellate Division, Fourth Judicial Department, modified the order, denying Price Trucking's motion in its entirety. It concluded that First Niagara was not a statutory trustee under the facts and that the Supreme Court erred in applying a constructive notice standard, asserting that only actual notice is applicable to banks for the holder in due course defense under Lien Law § 72 (1).

Lien LawTrust AssetsHolder in Due CourseActual NoticeConstructive NoticeUniform Commercial CodeLender LiabilitySubcontractorsSummary JudgmentAppeal
References
10
Case No. MISSING
Regular Panel Decision
Apr 15, 1999

Nunes v. National Union Fire Insurance

Karl Nunes, injured during employment, received workers' compensation benefits from National Union Fire Insurance Company. After settling a third-party action against Tower Elevator, Inc., National Union asserted a lien for the benefits. However, National Union failed to initiate an action to enforce this lien within the three-year Statute of Limitations, which commenced upon the third-party settlement. Consequently, Nunes petitioned the Supreme Court, Queens County, to vacate the lien, a request that was granted. The Appellate Division affirmed this decision, confirming that the lien was appropriately vacated due to the insurer's failure to enforce it within the statutory period.

Workers' CompensationLien VacaturStatute of LimitationsThird-Party ActionInsurance LienAppellate DivisionCPLR 214(2)Workers' Compensation Law § 29(1)Elevator AccidentEmployment Injury
References
2
Case No. MISSING
Regular Panel Decision

Klem v. Special Response Corp.

This case involves an appeal from an order regarding the distribution of settlement proceeds and a workers' compensation lien. The plaintiff sustained an ankle injury during employment and subsequently settled a personal injury action against Special Response Corporation. Zurich Insurance Company, the workers' compensation insurer for the plaintiff's employer, had paid over $114,000 in benefits and claimed a lien against the $70,000 settlement proceeds. The Supreme Court initially ruled that Zurich was not entitled to assert a lien. However, the appellate court reversed this decision, affirming Zurich's right to a lien, but remitted the matter to the Supreme Court for further proceedings to properly calculate the lien amount, taking into account statutory reductions for benefits paid in lieu of first-party benefits and an equitable apportionment of litigation costs, including attorneys' fees.

Workers' CompensationLien RightsSettlement ProceedsPersonal InjuryAppellate ReviewInsurance LawEquitable ApportionmentLitigation CostsFirst-Party BenefitsNo-Fault Law
References
6
Case No. ADJ8964113
Regular
Jun 24, 2016

LISA LIU vs. ADVENTURER HOTEL, TOWER NATIONAL INSURANCE COMPANY

This case concerns a lien claim filed by Tri-County Medical Group for services provided to applicant Lisa Liu. The Administrative Law Judge (ALJ) dismissed the lien, finding it was filed untimely beyond the 18-month statutory limit. The lien claimant appealed, arguing the filing date of February 2, 2015, was within the period because the 18-month deadline of February 1, 2015, fell on a Sunday, extending the filing to the next business day. The Workers' Compensation Appeals Board granted reconsideration, rescinded the ALJ's order, and found the lien timely filed. The Board determined that per procedural rules, when the last day falls on a weekend, the deadline extends to the next business day.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationLabor Code section 4903.5(b)Statute of Limitations18-month periodRules of Practice and ProcedureBusiness DayEAMS RecordJudicial Notice
References
1
Case No. ADJ6981750
Regular
Jan 13, 2017

GUMERSINDO DELEON vs. ESPARZA ENTERPRISES, INC.

This case concerns a lien claimant's failure to pay a $100.00 lien activation fee required by Labor Code section 4903.06 by the date of a lien conference. The Workers' Compensation Appeals Board (WCAB) is considering rescinding the order dismissing the lien, but only if the fee is paid within ten days of this notice. The WCAB's intention is based on a court order allowing lien activation fees to be paid between November 9, 2015, and December 31, 2015, and the lien claimant's assertion of computer problems. If payment is received, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code Section 4903.06ReconsiderationOrder Dismissing Lien ClaimWCJDWCAngelotti Chiropractic v. BakerPreliminary injunctionNinth CircuitVacating injunction
References
7
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. MISSING
Regular Panel Decision

Bopp v. Wiest

This is a case of first impression concerning the application of a workers' compensation lien to a wrongful death settlement involving beneficiaries who are not statutory dependents. The decedent's estate received $50,000 in workers' compensation benefits under Workers' Compensation Law § 16 (4-b) following a workplace death, as there were no dependents. The estate's coexecutrices secured a $60,000 wrongful death settlement on behalf of the decedent's adult children. Liberty Mutual, the workers' compensation carrier, asserted a lien against this settlement. The court, presided over by Justice Andrew V. Siracuse, ruled that the 1990 amendment to Workers' Compensation Law § 16 (4-b) made the distinction between dependents and distributees irrelevant in this context. Consequently, the court approved the settlement but confirmed that the proceeds are subject to Liberty Mutual's workers' compensation lien, ensuring that adult children receiving benefits through the estate do not have a superior position to minor dependents receiving direct benefits.

wrongful deathworkers' compensationliensettlementstatutory interpretationdependentsdistributeesNew York lawfirst impressionsubrogation
References
7
Case No. MISSING
Regular Panel Decision

Boyle v. Texasgulf Aviation, Inc.

This opinion by District Judge Goettel addresses motions within the long-standing "Texasgulf cases," stemming from a 1981 corporate aircraft crash, primarily focusing on a workers' compensation lien. Plaintiff Boyle moved to extinguish or reduce a lien held by Zurich-American Insurance Companies, while Texasgulf cross-moved to amend pleadings to join as a plaintiff to apportion damages under Connecticut law. The court determined that Connecticut law governs the workers' compensation lien issues for the Connecticut residents involved, denying the plaintiffs' request for New York law. However, Texasgulf's motion to amend its pleadings was denied due to undue and unjustified delay of over four years since a key jury finding establishing its corporate independence from TGA, and after all appeals and settlements had concluded. The court emphasized that allowing such a late amendment would be contrary to judicial efficiency and the finality of judgments, despite the ambiguity of Connecticut's statutory notice requirements.

Workers' Compensation LienChoice of LawConnecticut LawNew York LawRule 15 AmendmentUndue DelayPrejudiceCorporate VeilWrongful Death StatuteAircraft Crash Litigation
References
24
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. MISSING
Regular Panel Decision
Dec 27, 2004

McComber v. Lehrer McGovern Bovis, Inc.

This case involves an appeal of an order from the Supreme Court, New York County, which fixed a nonparty-appellant workers’ compensation carrier’s lien at $23,355.68. The original action was for personal injuries at a work site, resulting in a $14.5 million recovery for the plaintiff through a high-low settlement. The carrier had paid $228,605.18 in past compensation benefits and was assessed to have a present value of $387,143.30 in future compensation benefits that it would have paid. The appellate court affirmed the lower court's decision, which applied the Kelly formula to reduce the carrier's lien by its equitable share of litigation costs, encompassing both past and future benefits. The court also rejected the carrier's argument that the plaintiff violated Workers’ Compensation Law § 29 (5) by not obtaining consent for the settlement, clarifying that such consent is only required for settlements less than the statutory benefits, which was not the case here. Furthermore, any required judicial approval was deemed properly granted nunc pro tunc.

Lien ReductionKelly FormulaFuture Benefits ValuationHigh-Low SettlementJudicial DiscretionNunc Pro Tunc ApprovalWorkers' Compensation Law § 29 (5)Equitable ApportionmentSubrogation RightsPersonal Injury Recovery
References
7
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