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. 2017 NY Slip Op 09212
Regular Panel Decision
Dec 28, 2017

Matter of Kinkhabwala v. ADP Totalsource Fl XIX Inc

Anjanaben Kinkhabwala sustained a left knee injury while working at a bakery and filed a claim for workers' compensation benefits. The employer contested the claim, citing a failure to provide timely written notice and disputing the causal relationship of the injury. The Workers' Compensation Board (WCB) found the injury to be work-related and excused the lack of timely notice due to the employer's actual knowledge of the incident. The employer appealed the WCB's decision. The Appellate Division affirmed the WCB's determination, deferring to its credibility findings regarding notice and causation, and ruled that the employer suffered no prejudice from the inability to cross-examine a physician, as there was no significant divergence in medical opinions.

Workers' Compensation ClaimKnee InjuryTimely Notice RequirementCausal RelationshipCredibility FindingAppellate DivisionEmployer Actual KnowledgeMedical Report InconsistenciesLanguage Barrier ImpactCross-examination Denial
References
11
Case No. ADJ266602 ( 0256585)
Regular
Mar 26, 2010

DELENA FREDERICK vs. ADP and CNA INSURANCE COMPANY/ RSK CO.

This case involves a Petition for Reconsideration filed by Delena Frederick concerning a workers' compensation claim against ADP and CNA INSURANCE COMPANY/ RSK CO. The Workers' Compensation Appeals Board reviewed the petition and the Workers' Compensation Judge's report. The Board has adopted the Judge's report and issued an Order Denying Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDenying ReconsiderationADJ266602ADPCNA Insurance CompanyRSK Co.Delena FrederickJames C. Cuneo
References
0
Case No. ADJ6875445
Regular
Aug 02, 2010

JOSE RIVAS vs. NNC MANAGEMENT, LLC/ADP TOTAL SOURCE, SPECIALTY RISK SERVICES

Defendant NNC Management, LLC/ADP Total Source sought removal of a WCJ's order to proceed to trial on both AOE/COE and temporary disability. The applicant claimed an injury in January 2009, and the employer denied it based on a post-termination defense. The defendant argues they were denied due process by being forced to litigate temporary disability without prior notice, as the initial proceedings focused solely on AOE/COE. The Appeals Board granted the petition for removal, amending the order to limit the August 4, 2010 trial to the AOE/COE issue only.

Petition for RemovalPost-termination defenseAOE/COETemporary DisabilityDue ProcessDeclaration of Readiness to ProceedPriority ConferenceMandatory Settlement ConferenceDiscoverySubstitution of Attorneys
References
0
Case No. ADJ6857380
Regular
Oct 18, 2010

MEIJI MAX HORI vs. ADP TOTAL SOURCE, SPECIALTY RISK LA HABRA

The Appeals Board granted the defendant's petition for removal, rescinding the order to take the case off calendar due to an incomplete medical record. The Board found the Agreed Medical Examiner's (AME) reports inconclusive on whether employment was the predominant cause of the applicant's psychiatric injury, stating further refinement requires factual determination, not medical opinion. The applicant, bearing the burden of proof, failed to demonstrate due diligence in further discovery before the Mandatory Settlement Conference. The case is returned to the trial level for a new trial, where the judge can further develop the record if necessary after evidence is admitted.

Workers' Compensation Appeals BoardPetition for RemovalAgreed Medical EvaluatorPsychiatric InjuryPredominant CauseLabor Code Section 3208.3Burden of ProofMedical RecordIncomplete RecordPetition for Removal Granted
References
2
Case No. ADJ9387304
Regular
Jan 20, 2023

Juan Guzman vs. ADP TOTAL SOURCE, INC./DURACITE, HELMSMAN MANAGEMENT SERVICES

Applicant sought reconsideration of a Workers' Compensation Appeals Board decision finding a 45% permanent partial disability for a 2013 injury. Applicant contended the injury caused permanent total disability, not partial. The Board granted reconsideration and the parties subsequently reached a settlement via a Compromise and Release agreement. The Board rescinded the original decision and remanded the case to the WCJ to consider the settlement, reserving judgment on the merits of the reconsideration petition.

Workers' Compensation Appeals BoardJuan GuzmanADP Total SourceHelmsman Management Serviceslumbar spine injuryhead injurypsyche injurygranite edge fabricatorpermanent partial disabilitypermanent total disability
References
0
Case No. ADJ7238916
Regular
Jul 01, 2013

DESIREE SOLIS vs. ADP TOTALSOURCE FL XXIX, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's report, which recommended denial based on the defendant's unreasonable delay in paying permanent disability benefits. The parties stipulated that no permanent disability had been paid despite a qualified medical examiner's opinion rating the disability. The WCJ's report also addressed and cured any technical defects in the original decision.

WCABPetition for ReconsiderationLabor Code section 5313Smales v. Workers' Comp. Appeals Bd.ADJ7238916Alvin R. Webberunreasonable delaypermanent disabilityL.C. section 5814penalty
References
1
Case No. ADJ18150673
Regular
Oct 08, 2025

KYUNGHEE KIM vs. ADP TOTALSOURCE GROUP, INC.; CHROMIUM DENTAL II; AIU INSURANCE COMPANY

The applicant, Kyunghee Kim, filed a petition for removal challenging a WCJ's order that reduced their attorney's deposition fee. The Workers' Compensation Appeals Board reviewed the petition, considering the arguments and the WCJ's report. The Board concluded that no substantial prejudice or irreparable harm would result from denying removal and that reconsideration would be an adequate remedy if needed. Consequently, the Appeals Board denied the petition for removal and returned the matter to the trial level, advising the WCJ to treat the petition as a request to set aside the original order to facilitate a proper hearing and the creation of a formal record.

Petition for RemovalOrder for Payment of Applicant's Attorney's Deposition FeeLabor Code § 5710WCJReduced Attorney's FeeSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial Evidence
References
11
Case No. ADJ11449733
Regular
Dec 16, 2019

EDWIN FLORES vs. ADP TOTALSOURCE FL XVI, INC.; MEADOWBROOK SENIOR LIVING; HELMSMAN MANAGEMENT SERVICES, LLC

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was taken from an interlocutory procedural order, not a final decision. Such orders, like the denial of a motion to dismiss, do not determine substantive rights or liabilities. The Board also noted that even if treated as a removal petition, it would have been denied as the defendant failed to show substantial prejudice or irreparable harm. Therefore, the petition was dismissed as procedurally improper.

Petition for ReconsiderationDismissalFinal OrderSubstantive RightThreshold IssueInterlocutory Procedural OrderRemovalSubstantial PrejudiceIrreparable HarmExtraordinary Remedy
References
6
Case No. ADJ9580796 ADJ9580754
Regular
Mar 01, 2018

ROBERTO AMILCAR AGUSTIN FELIX aka JULIAN GOMEZ vs. ADP TOTALSOURCE/SPN INVESTMENT, INC., administered by HELSMAN; LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board case involved a lien claimant's petition for reconsideration after their lien was dismissed for failure to appear at a noticed conference. The Board denied the petition, adopting the judge's report which found the lien claimant failed to establish good cause. The Board noted the claimant's excuse of "clerical error" due to a contracted employee's failure to receive an email had occurred previously. Given the repeated instances, the Board concluded the lien claimant had not corrected internal procedures to prevent future no-shows.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantDismissal of LienWCJ ReportGood CauseLabor Code Section 5313Clerical ErrorInternal ProceduresNoticed Conference
References
2
Case No. ADJ6575300 ADJ6618808
Regular
Oct 06, 2009

REYNALDO DIATO vs. ADP TOTALSOURCE COMPANY; XXII, INC./RRL/PROVOAST AUTOMATION CONTROLS; AMERICAN HOME ASSURANCE, Administered By SPECIALTY RISK SERVICES

The defendant's petition for reconsideration of a July 16 decision is granted. Further correspondence should be sent to the Workers' Compensation Appeals Board.

DiatoADP TotalSourceXXII Inc.Provoast Automation ControlsAmerican Home AssuranceSpecialty Risk ServicesADJ6575300ADJ6618808Petition for ReconsiderationDecision After Reconsideration
References
0
Showing 1-10 of 11 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