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

Claim of Chukwunenye Onuoha v. BJs Club 165

Claimant sustained a work-related head injury in April 2010, subsequently amended to include depressive disorder. The employer and its carrier controverted the claim, leading a WCLJ to find no further causally related disability after December 15, 2012, a decision affirmed by the Workers’ Compensation Board on November 7, 2014. The Board later denied the claimant's request for reconsideration and/or full Board review on February 6, 2015. This appeal concerns that denial, with the court affirming the Board's decision. The appellate court limited its review to whether the Board's denial was arbitrary, capricious, or an abuse of discretion, and concluded that it was not, upholding the Board's discretion in assessing medical testimony.

Workers' CompensationAppealReconsiderationFull Board ReviewCausal RelationshipDepressive DisorderMedical EvidenceCredibilityAbuse of DiscretionAppellate Review
References
6
Case No. 535730
Regular Panel Decision
Apr 18, 2024

In the Matter of the Claim of Joseph Birro Jr.

Claimant Joseph Birro Jr., a roofer, appealed a Workers' Compensation Board decision that ruled apportionment did not apply to his workers' compensation award. Birro had two established work-related injury claims, one in 2006 and another in 2015, while working for Wolkow-Braker Roofing Corp. The 2006 claim, with State Insurance Fund as the carrier, resulted in an 18.75% schedule loss of use for his left leg. The 2015 claim, with New Hampshire Insurance Company as the carrier, led to Birro being classified as permanently partially disabled with a 59% loss of wage-earning capacity after surgeries. Initially, a Workers' Compensation Law Judge apportioned liability between the two claims, but the Board rescinded this. After further medical opinion, the WCLJ apportioned 80% to 2006 and 20% to 2015. The Board then modified this, finding apportionment inapplicable and placing full liability with New Hampshire for the 2015 claim. The Appellate Division affirmed the Board's decision, finding that the Board properly rejected the sole medical opinion on apportionment because its conclusions were not supported by the record, considering Birro continued working after the 2006 injury and did not have surgery until after the 2015 incident.

Workers' Compensation AppealApportionmentMedical Opinion RejectionSubstantial EvidencePermanent Partial DisabilitySchedule Loss of UseWork-Related InjuryOccupational HazardRooferAppellate Review
References
12
Case No. 535730
Regular Panel Decision
Apr 18, 2024

Matter of Birro v. Wolkow-Braker Roofing Corp.

Claimant Joseph Birro Jr., a roofer, had two workers' compensation claims from injuries in 2006 and 2015. A Workers' Compensation Law Judge initially apportioned liability between the claims, a decision later rescinded by the Board due to inadequate medical opinions. After further review, the WCLJ reapportioned liability as 80% to the 2006 claim and 20% to the 2015 claim, based on an orthopedic surgeon's opinion. The Workers' Compensation Board modified this, ruling that apportionment was inapplicable and assigned full liability to New Hampshire Insurance Company, the carrier for the 2015 claim. The Appellate Division affirmed the Board's decision, finding that the Board properly rejected the physician's apportionment opinion as unsubstantiated by the record, considering the claimant's continued work after the 2006 injury and the timing of his surgeries after the 2015 incident.

Workers' Compensation AppealApportionment of LiabilityMedical Opinion RejectionSubstantial Evidence ReviewPermanent Partial DisabilitySchedule Loss of UseWork-Related InjuriesNew York Appellate DivisionInsurance Carrier LiabilityClaimant Appeal
References
13
Case No. CV-23-1751
Regular Panel Decision
Nov 14, 2024

Matter of Young v. LP Transp.

Claimant, Duane Young, a truck driver, had two work-related accidents: one in 1971 while working for LP Transportation, and another in 2015 while working for AIM Integrated Logistics, Inc. Both accidents resulted in workers' compensation claims, with the 1971 injury eventually classified as a permanent partial disability, and the 2015 injury as a permanent total disability. Initially, a Workers' Compensation Law Judge found no basis for apportionment for the 2015 claim to the prior 1971 claim. However, the Workers' Compensation Board modified this decision, ruling that apportionment was appropriate, allocating 80% to the 2015 claim and 20% to the 1971 claim, effective February 10, 2022. LP Transportation and its carrier appealed the Board's apportionment decision, which the Appellate Division, Third Department, affirmed, finding it supported by substantial medical evidence.

Workers' CompensationApportionmentPermanent Total DisabilityPermanent Partial DisabilityMotor Vehicle AccidentSpinal InjuryLaminectomyMedical EvidenceBoard DecisionAppellate Review
References
7
Case No. ADJ9271759
Regular
Jun 10, 2015

JIMMIE HARTMAN vs. TOWN OF SCOTIA COMPANY PACIFIC LUMBER

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's May 10, 2015 decision incorrectly listed the service date as May 10, 2015. The Board has corrected this clerical error to reflect the accurate service date of June 10, 2015. This correction was made without granting reconsideration, as such errors can be corrected at any time.

Clerical errorDate of serviceCorrectionAppeals BoardReconsiderationSupplemental ProceedingsOrder Denying PetitionAmended dateWorkers' CompensationTown of Scotia
References
1
Case No. ADJ3904838
Regular
Jan 06, 2015

EDWARD MORSE vs. CONWAY WESTERN EXPRESS, INDEMNITY INSURANCE

This case concerns a clerical error in the Workers' Compensation Appeals Board's (WCAB) prior decision, specifically the date of service. The Board identified that the decision, served on December 6, 2015, should have reflected a service date of January 6, 2015. The WCAB has corrected this specific clerical error without requiring further proceedings, citing its authority to do so at any time. This correction amends the date of service to January 6, 2015, as reflected in the amended order.

Clerical error correctionDate of servicePetition for reconsiderationWorkers' Compensation Appeals BoardAmended date of serviceSupplemental proceedingsOpinion and Orders Denying PetitionGranting PetitionDecision After ReconsiderationConstitution State Service Company
References
1
Case No. ADJ7688374
Regular
Sep 13, 2019

GUADALUPE ZELEDON vs. G2 SECURE STAFF

This case involves a lien claimant seeking reconsideration of an administrative law judge's decision denying their lien. The lien was found to be barred by the statute of limitations under Labor Code section 4903.5(a) because it was filed on December 11, 2015, after the operative date of December 11, 2015, when the filing fee was paid. The services for which the lien was claimed were provided on December 13, 2013, making the filing deadline June 12, 2015. Therefore, the lien claimant's petition for reconsideration was denied.

Workers' Compensation Appeals BoardLien claimantStatute of LimitationsLabor Code Section 4903.5(a)Labor Code Section 4903(b)Medical-legal expenseLien filing feeElectronic Adjudication Management Systems (EAMS)Findings and OrderPetition for Reconsideration
References
0
Case No. ADJ10030614
Regular
Jun 30, 2016

ARNULFO TORRES vs. STARR STAFFING, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order. Defendants sought to correct a stipulated date of injury, April 15, 2015, which was after the applicant's last day of employment on January 26, 2015. The applicant later filed an amended application, changing the claim to a cumulative injury ending on January 26, 2015, potentially rendering the specific date of injury irrelevant. The Board amended the original order to defer the determination of the specific date of injury, affirming all other findings.

StipulationDate of InjuryPetition for ReconsiderationFindings and OrderWCJDeferred IssueCumulative InjurySpecific InjuryApplication for AdjudicationLast Date of Employment
References
0
Case No. ADJ7803069
Regular
Mar 22, 2016

EDILBERTO CERNA ROMERO vs. STONES AND TRADITIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the judge's finding regarding a September 14, 2015 utilization review (UR) decision. The Board found this second UR decision, which sought further information on some treatments, to be timely for all requested modalities. Consequently, the Board ruled that the UR decision of September 14, 2015, was timely, and the WCJ lacked jurisdiction to review the medical necessity of the denied treatments. The Board did not disturb the WCJ's finding that the August 12, 2015 UR decision was untimely.

Utilization ReviewTimelinessLabor Code Section 4610Request for AuthorizationDWC Form RFAIndependent Medical ReviewMedical NecessityProspective ReviewConcurrent ReviewAppeals Board
References
1
Case No. ADJ10063730
Regular
May 20, 2016

WILLIE MEDRANO vs. AHERN RENTALS, OLD REPUBLIC GENERAL INSURANCE COMPANY

This case concerns a dispute over temporary disability benefits and an EDD lien following an admitted industrial injury to an applicant. The applicant claims entitlement to temporary disability from July 27, 2015, to the present, while the defendant argues against the EDD lien due to alleged double compensation and procedural issues. The Appeals Board denied the defendant's petition but granted the applicant's, remanding the matter to the trial level. This is due to insufficient medical evidence regarding the applicant's work capacity from July 27, 2015, to their termination for cause on August 25, 2015, necessitating further proceedings to clarify temporary disability, EDD lien, and attorney fees.

Workers' Compensation Appeals BoardIndustrial InjuryTruck DriverTemporary DisabilityPetition for ReconsiderationFindings and OrderEDD LienDouble CompensationTermination for CauseMedical Evidence
References
4
Showing 1-10 of 434 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