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

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. 2017-278 Q C
Regular Panel Decision
Feb 08, 2019

Flores v. A & A Family Beverage, Inc.

The Appellate Term, Second Department, affirmed an order denying the defendants' motion for summary judgment. Plaintiff Carlos Flores sought recovery for injuries sustained while unloading a truck owned by A & A Family Beverage, Inc. Defendants argued that Flores's sole remedy was workers' compensation benefits. The Civil Court found triable issues of fact regarding whether an employer-employee relationship existed between Flores and A & A, which would determine if workers' compensation was the exclusive remedy. The appellate court concurred, noting that the nature and extent of A & A's control over Flores needed to be determined by the trier of fact, and also clarified that Flores was not an employee of A & A under Workers' Compensation Law § 2 (4) as he was not a driver.

workers' compensationemployer-employee disputesummary judgment denialappellate reviewlabor lawpersonal injury claimexclusive remedytrucking accidentfactual disputerespondent vs appellant
References
1
Case No. MISSING
Regular Panel Decision
Mar 11, 2002

Dawson v. Raimon Realty Corp.

The plaintiff, a maintenance worker, slipped and fell while cleaning a spill from a leaking pipe at his employer's day-care center. The defendant, the out-of-possession landlord, moved for summary judgment, asserting it lacked notice of the defect. The Supreme Court denied this motion. On appeal, the appellate court affirmed the decision. The court determined that the plaintiff's affidavit, detailing how he informed his supervisors who then contacted the defendant about the leak, provided sufficient evidence for a rational trier of fact to conclude the defendant had actual notice, thereby establishing a triable issue of fact. The court also rejected the defendant's argument that the plaintiff could not recover for injuries incurred while attempting to repair the condition, as the plaintiff was an employee of the day-care center, not the defendant.

Personal InjurySummary JudgmentLandlord-Tenant LawPremises LiabilityActual NoticeHearsay EvidenceTriable Issue of FactOut-of-Possession LandlordMaintenance WorkerAppellate Review
References
7
Case No. MISSING
Regular Panel Decision
Jan 20, 2015

GATTI, SARAHANN v. SCHWAB, RODGER J.

This case involves an appeal from an order denying summary judgment in an action for damages related to serious injuries sustained in a motor vehicle accident. Plaintiff Sarahann Gatti alleged serious injuries, while the unnamed defendant contended that her spinal injuries were pre-existing from an earlier work-related incident. The Supreme Court's order was modified on appeal, with the appellate court granting the defendant's motion to dismiss the 90/180-day serious injury claim, a category the plaintiff had abandoned. However, the denial of summary judgment for other serious injury categories was affirmed, as the plaintiff successfully raised a triable issue of fact concerning causation through her treating orthopedic surgeon's opinion. The surgeon's testimony attributed Gatti's C6-7 disc injury and the aggravation of pre-existing neck and lower back issues to the accident in question, thus presenting a genuine issue for the trier of fact to resolve.

Motor vehicle accidentSerious injurySummary judgmentCausationSpinal injuriesDisc injuryAggravation of injuryOrthopedic surgeonWorkers' Compensation BoardAppellate review
References
10
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. 103 B.R. 416
Regular Panel Decision
Nov 01, 1989

Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)

The court issued findings of fact and conclusions of law, granting a preliminary injunction against the IAM for their unlawful strike activities targeting Eastern Air Lines at LaGuardia and Hartsfield Airports. The enjoined conduct includes trespassing, mass picketing, harassment, violence, and vandalism against Eastern's employees, customers, and property. The court found that these actions caused substantial and irreparable harm to Eastern and that public authorities were unable or unwilling to provide adequate protection. While the injunction imposed strict restrictions on these disruptive behaviors, the court denied Eastern's request to enjoin residential picketing, citing the Norris-LaGuardia Act. This decision aims to balance the unions' right to strike with Eastern's need to continue operations and protect its assets and personnel during the Chapter 11 reorganization.

Preliminary InjunctionLabor DisputeAirline IndustryStrike ActivityUnlawful ConductMass PicketingHarassmentVandalismUnion LiabilityNorris-LaGuardia Act
References
116
Case No. MISSING
Regular Panel Decision

In re Monique M.

The mother appealed a fact-finding order that found she abused her child Sonique M. and derivatively abused Monique M., Treston D., and Daymondray T., and two dispositional orders. The evidence showed the mother allowed her boyfriend, against whom an order of protection was issued, back into her home, where he sexually abused Sonique M., and the mother failed to intervene. However, the Family Court erred by issuing the dispositional orders without first conducting a mandatory dispositional hearing, which violated due process. The appellate court reversed the orders of disposition and remitted the matter to the Family Court, Kings County, for a dispositional hearing before a different judge due to concerns about the original judge's impartiality.

Child AbuseDerivative AbuseDispositional HearingFamily Court Act Article 10Parental JudgmentOrder of Protection ViolationSexual AbuseJudicial ImpartialityDue ProcessRemittitur
References
11
Case No. MISSING
Regular Panel Decision
Nov 02, 1981

Liberty Mutual Insurance v. Newman

Plaintiff insurer, Liberty Mutual Insurance Company, mistakenly paid $9,805.66 to defendant Ruth Newman, intended for an aggregate trust fund related to her deceased husband's workers' compensation benefits. After forwarding the correct payment to the fund, Liberty Mutual sought restitution from Newman, who refused. The Workers' Compensation Board declined to intervene, stating no recourse existed under the Workers' Compensation Law for the error. Special Term initially granted summary judgment to Liberty Mutual. On appeal, the judgment was modified, with the Appellate Division agreeing it was a mistake of fact, not an overpayment of benefits, thus affirming the denial of Newman's summary judgment motion. However, the case was remitted to Special Term for a hearing to determine if ordering full restitution would cause a detrimental change in Newman's position regarding her benefits, and clarified that interest and costs should not be awarded against her.

restitutionmistake of factworkers' compensationsummary judgmentunjust enrichmentdetrimental relianceequityinsurance carrieraggregate trust fundappellate review
References
19
Case No. MISSING
Regular Panel Decision
Jun 22, 2009

In re Sasha B.

The case concerns an appeal from a Family Court order in Bronx County, dated June 22, 2009, which found a respondent mother neglected her child. The determination stemmed from an incident where the mother left her sleeping 11.5-year-old child alone on a subway train. The child subsequently navigated her way back to school. The appellate court affirmed the fact-finding determination of neglect, citing corroborating statements and the child's inability to get home, which indicated an imminent risk of harm. However, the appeal concerning the child's placement was dismissed as moot. A dissenting justice argued that the evidence did not establish "imminent danger" as legally defined, noting that the child safely returned to school and prior alleged incidents lacked sufficient corroboration.

Child NeglectSubway IncidentParental SupervisionImminent DangerCorroboration of EvidenceFamily Court ActAppellate ReviewMootness DoctrineDissenting OpinionChild Welfare
References
9
Case No. SAC 0355949
Regular
Dec 14, 2007

DAVID DOLCINI vs. PACIFIC GAS AND ELECTRIC (PG&E)

The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's finding that the applicant's injury was not caused by intoxication. The Board affirmed that the WCAB, not a physician, is the ultimate trier of fact and is not bound by the opinion of an agreed medical examiner. The WCJ's conclusion was based on the credible testimony of an investigating CHP officer who observed no signs of intoxication, and the applicant's own account of the accident, which indicated inattention rather than impairment.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerTrier-of-factExpert OpinionCivil Law PrinciplesJudicial Council Civil Jury InstructionsBAJIEvidence CodeCHP Officer
References
12
Showing 1-10 of 2,836 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