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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Video Aid Corp. v. Town of Wallkill

The case discusses whether Video Aid Corp. should be reimbursed for an unconstitutional $27,000 water sewer tap-in fee paid to the Town of Wallkill to obtain a building permit. This dissenting opinion, authored by Bellacosa, J., argues that the Appellate Division's order for reimbursement was correct, stating that the payment was made under legal duress. The dissent highlights that the Town unlawfully exacted the fee, impeding Video Aid's business expansion, and that Video Aid's immediate lawsuit constituted "authentic resistance." It draws on precedents affirming that municipalities cannot manipulate responsibilities for revenue generation and that involuntary payments, even without formal protest, warrant recovery, ultimately advocating for affirmance of the reimbursement order.

Unconstitutional feeLegal duressInvoluntary paymentBuilding permitMunicipal feesReimbursementTown of WallkillVideo Aid Corp.Business expansionAppellate Division
References
11
Case No. MISSING
Regular Panel Decision

Mayfield v. Employers Reinsurance Corp.

Calvin A. Mayfield claimed a July 24, 1973, injury while working for Texas Tubular Products, which was appealed by their insurer, Employers Reinsurance Corporation. The case centered on the admissibility of evidence regarding Mayfield's prior injuries and the sufficiency of evidence to support the jury's finding that he was not injured on the date in question. Mayfield's treating physician linked his condition to the 1973 injury, while the defense introduced evidence of other injuries and testimony suggesting no injury occurred on July 24, 1973. The jury found Mayfield was not injured, leading to a take-nothing judgment, which the appellate court affirmed, finding no error in the admission of evidence or the jury's finding.

Workmen's CompensationAdmissibility of EvidenceOther InjuriesSole Producing CauseJury FindingSufficiency of EvidencePrior ClaimsSettlementsLump Sum RecoveryHardship
References
9
Case No. ADJ7253570
Regular
May 20, 2015

MICHELLE FELDHAKE vs. HOLLYWOOD VIDEO, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a workers' compensation applicant, Michelle Feldhake, and defendants Hollywood Video and Liberty Mutual Insurance Company. The defendants petitioned for removal of an order that closed discovery and set the case for trial, arguing it would cause irreparable harm by preventing them from obtaining vocational evidence. The Appeals Board granted removal, rescinded the order, and returned the case to the trial level due to ambiguity regarding the timing of the applicant's vocational expert's report. This action allows defendants to potentially obtain and present their own vocational evidence.

Petition for RemovalDiminished Future Earning CapacityVocational ExpertClosing DiscoveryDue ProcessIrreparable HarmVocational EvidenceMandatory Settlement ConferenceFindings Award and OrderHome Healthcare
References
2
Case No. MISSING
Regular Panel Decision
May 18, 2005

Hotel 57 LLC v. Harvard Maintenance, Inc.

In this case, the plaintiff hotel sought over $300,000 for replacing 16 scratched windows, attributing the damage to the defendant's window cleaners. The defendant denied responsibility, suggesting the scratches were preexisting. Crucially, the plaintiff destroyed and replaced the windows without notifying the defendant, sixteen months prior to filing the lawsuit. The Supreme Court initially denied the defendant's motion for summary judgment based on spoliation of evidence. However, the appellate court reversed this decision, emphasizing the plaintiff's intentional destruction of evidence critical to the lawsuit, granted the defendant's motion for summary judgment, and dismissed the complaint.

spoliation of evidencesummary judgmentappellate reviewwindow damageproperty damageintentional destruction of evidencecivil procedureNew York lawconstructionnegligence
References
0
Case No. MISSING
Regular Panel Decision

Claim of Morelli v. Tops Markets

Claimant, having sustained work-related injuries in 2007 and receiving benefits, was questioned by a Workers' Compensation Law Judge (WCLJ) regarding work activities at a 2011 hearing. Immediately after, the employer and its carrier sought to introduce surveillance video and investigator testimony, alleging a violation of Workers' Compensation Law § 114-a. The WCLJ denied this request and precluded the evidence, ruling that the carrier failed to disclose the surveillance prior to the claimant's testimony. The Workers' Compensation Board affirmed this decision, reiterating the established requirement for timely disclosure of surveillance materials to prevent 'gamesmanship.' The appellate court subsequently affirmed the Board's decision, finding no arbitrary or capricious action, as the carrier had an opportunity to disclose the evidence before prompting the WCLJ's questioning and before the claimant testified.

Workers' Compensation LawSurveillance EvidenceDisclosure ObligationPreclusion of EvidenceAppellate ReviewEvidence AdmissibilityClaimant TestimonyEmployer ResponsibilitiesCarrier ResponsibilitiesBoard Decision
References
11
Case No. 14-16-00440-CV
Regular Panel Decision
Dec 11, 2018

Dale L. Johnson v. National Oilwell Varco, LP

Dale L. Johnson appealed an adverse jury verdict in his race-discrimination and employment-termination case against National Oilwell Varco, LP (NOV). Johnson raised seven issues, including the denial of his motion for new trial, imposition of trial time limits, refusal of a federal pattern jury instruction, a finding of negligent rather than intentional destruction of video evidence, and the trial court's failure to sanction NOV or provide an adequate remedy for spoliation. Johnson, an African-American machinist, was terminated after 23 years for violating 'lock-out, tag-out' procedures, a claim he disputed, asserting racial discrimination. The security video of the incident was destroyed. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the rulings on time limits, jury instructions, spoliation, or sanctions.

Race DiscriminationEmployment TerminationJury VerdictAppellate ReviewTrial ManagementTime LimitsJury InstructionsSpoliation of EvidenceNegligenceIntentional Destruction
References
49
Case No. ADJ924734 (MON 0299710)
Regular
Feb 07, 2014

VARDAN ESSAIAN vs. CAD FABULOUS, INC., STATE FARM CALIFORNIA WORKERS' COMPENSATION CLAIMS

The Workers' Compensation Appeals Board granted reconsideration of an award of 100% permanent disability, finding the evidence did not justify an unapportioned award. The Board cited concerns regarding the apportionment of psychiatric disability and the impact of sub rosa video evidence on the applicant's claimed limitations. The case is remanded for further development of the record, specifically regarding the psychiatric AME's apportionment reasoning and the vocational experts' conclusions in light of the video evidence.

Workers' Compensation Appeals BoardReconsiderationAmended Findings of Fact and AwardPermanent DisabilityApportionmentCumulative TraumaAgreed Medical ExaminerPsychiatryOrthopedicsSub Rosa Video
References
3
Case No. M2016-01980-CCA-R3-CD
Regular Panel Decision
Aug 16, 2018

State of Tennessee v. Timothy A. Crowell

Timothy A. Crowell appealed his conviction for aggravated robbery and an eighteen-year sentence from Davidson County Criminal Court. His appeal contended errors by the trial court regarding the admission of partial surveillance video, hearsay evidence, and a photograph lineup during jury deliberations, as well as questioning the sufficiency of the evidence and the excessiveness of his sentence. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment, finding no reversible error in the evidence's admission or its sufficiency, and upholding the trial court's sentencing discretion. The court determined the state had no duty to acquire a complete surveillance video and that any hearsay admission was harmless. Additionally, the positive identification by the victim and the application of various enhancement factors justified the conviction and sentence.

Aggravated RobberyEyewitness IdentificationSufficiency of EvidenceHearsay EvidenceSurveillance VideoDue ProcessSentencing ReviewEnhancement FactorsCriminal ProcedureAppellate Review
References
44
Case No. MISSING
Regular Panel Decision

Rose v. Mendon Leasing Co.

Plaintiffs Sylvan D. Rose and Orville Sterling, two African-American males, sued their former employer, Mendon Leasing Co., for racial discrimination under Title VII and 42 U.S.C. § 1981, following their termination for allegedly stealing gasoline. Mendon moved for summary judgment, arguing a legitimate, non-discriminatory reason for termination backed by video surveillance. The plaintiffs claimed disparate treatment and pretext, asserting that Caucasian employees engaged in similar conduct without discipline, and alleged tampering with video evidence. The Court found that Mendon met its burden by showing a legitimate reason for termination, and plaintiffs failed to provide sufficient evidence of discrimination or to rebut Mendon's evidence. Consequently, the Court granted Mendon's motion for summary judgment on the federal claims and dismissed the entire complaint, declining supplemental jurisdiction over state law claims.

Racial DiscriminationEmployment DiscriminationSummary JudgmentTitle VII42 U.S.C. § 1981Disparate TreatmentPretextFederal Rules of Civil Procedure Rule 56Wrongful Termination
References
15
Case No. MISSING
Regular Panel Decision
May 03, 2004

Ulloa v. Universal Music and Video Distribution Corp.

Plaintiff Demme Ulloa initiated legal action against Universal Music and Video Distribution Corp., Island Def Jam Music Group, Roc-A-Fella Records, LLC, and Shawn Carter, alleging copyright infringement, false designation of origin under the Lanham Act, unjust enrichment, joint authorship, and an accounting of sales. Ulloa claimed to have spontaneously created a vocal counter-melody for Shawn Carter's song "Izzo (H.O.V.A.)" which was later used without proper credit or compensation. The Court granted the defendants' motion for summary judgment on the claims of joint authorship and Lanham Act violations, dismissing them. However, it denied both parties' motions for summary judgment regarding copyright infringement, citing unresolved factual disputes concerning originality, work-for-hire status, and implied license. Additionally, the defendants' motions to dismiss the unjust enrichment claim and to bifurcate the trial were denied.

Copyright InfringementLanham ActUnjust EnrichmentJoint AuthorshipSummary JudgmentWork for HireImplied LicenseMusical CompositionSound RecordingOriginality
References
31
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