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 Hatch v. Grand Union Co.

The claimant, a store manager, was injured while crossing the street to close the windows of his and co-employees' cars in a parking lot due to a sudden rainstorm. This practice of closing windows was known and acquiesced to by the employer to keep street parking available for customers. The Workmen's Compensation Board found that there was no deviation from employment. The decision was affirmed.

Parking Lot InjuryCourse of EmploymentDeviation from EmploymentSummer RainstormEmployee PracticeEmployer AcquiescenceWorkmen's Compensation
References
0
Case No. ADJ6980671
Regular
Mar 03, 2011

FLOR GUTIERREZ vs. B & H EDUCATION, INC., EXPLORER INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST

The Appeals Board denied the defendant employer's petition for removal, an extraordinary remedy, finding no substantial prejudice or irreparable injury. The defendant's petition was also found to be untimely. The Board agreed with the Administrative Law Judge's report, which highlighted that the defendant had ample opportunity for discovery and had agreed to bifurcate the 132(a) claim. The Board concluded that the defendant's acquiescence in setting the trial date waived their right to object.

Workers' Compensation Appeals BoardPetition for RemovalAdministrative Law JudgeSubstantial PrejudiceIrreparable InjuryLabor Code Section 132(a)BifurcationMandatory Settlement ConferenceDiscoveryCase in Chief
References
4
Case No. MISSING
Regular Panel Decision

Claim of Martinez v. Soundtown

This case involves an appeal from a Workers' Compensation Board decision that awarded benefits to a sales clerk. The claimant was injured when an unregistered gun he brought to work, due to concerns about neighborhood robberies, accidentally discharged after a co-worker picked it up. The employer had previously told the claimant not to bring the gun. The appellate court affirmed the Board's decision, finding that the claimant's possession of the weapon was related to the manner in which he performed his duties, and the risk of injury from a co-employee's carelessness with the gun was an employment risk that the employer had acquiesced to.

Workers' CompensationAccidental InjuryCourse of EmploymentEmployer LiabilityWorkplace SafetyUnregistered FirearmCo-employee ConductRisk AssumptionAppellate ReviewBoard Decision Affirmed
References
6
Case No. MISSING
Regular Panel Decision

Jean-Louis v. Hilton Hotels Corp.

The court properly dismissed the plaintiff's second cause of action, which alleged negligent training, management, and supervision of employees. The plaintiff claimed she was confined to an office for an hour and denied a union representative during a discussion regarding work distribution based on her ethnicity and religious beliefs. The court ruled that this claim is barred by the exclusive remedy provisions of the Workers’ Compensation Law. It further stated that the cause of action did not provide sufficient facts to invoke the intentional tort exception to the Workers’ Compensation Law, specifically lacking allegations that the defendants had knowledge of or acquiesced in their employees' tortious conduct.

negligent trainingnegligent supervisionworkers' compensation lawexclusive remedyintentional tort exceptionemployment lawdismissalunion representationethnicity discriminationreligious discrimination
References
2
Case No. MISSING
Regular Panel Decision

Texas Employers' Insurance Ass'n v. Ramsey

This appeal concerns a judgment that set aside a workers' compensation compromise settlement agreement. The Plaintiff alleged fraud, mistake, and conflict of interest by his former attorney, Allen McFall, who had also represented the Defendant Texas Employers’ Insurance Association. While the jury found the Plaintiff did not acquiesce to the dual representation and was entitled to more money, the appellate court found no agency relationship between the attorney and the carrier was established. Furthermore, any alleged breach of fiduciary duty by the attorney could not be imputed to the carrier. Consequently, the trial court's judgment was reversed, and judgment was rendered that the Plaintiff take nothing.

Workers' CompensationCompromise Settlement AgreementFraudMistakeConflict of InterestDual RepresentationAgencyTexas Rules of Civil ProcedureAppellate ReviewReversed and Rendered
References
3
Case No. MISSING
Regular Panel Decision
Sep 01, 1995

In re Jennifer Q.

The Family Court in Bronx County found the appellant guilty of neglect for acquiescing in the excessive corporal punishment inflicted by the mother on two of the six resident children. Consequently, the appellant's three biological children were placed with the Commissioner of Social Services for 12 months. This finding was supported by out-of-court statements from the children, corroborated by a pediatric nurse practitioner and a Child Welfare Administration worker. A prior neglect finding against the mother and appellant was considered, and the court ruled that evidence of physical abuse to other children was not required to support the finding of derivative abuse. The order of disposition was unanimously affirmed.

Child NeglectCorporal PunishmentFamily Court DecisionChild WelfareDerivative NeglectCorroboration of StatementsSocial Services PlacementParental AcquiescenceAppellate AffirmationJudicial Review
References
6
Case No. MISSING
Regular Panel Decision

Bryan v. Paramount Packaging Corp.

The plaintiff employee sought worker's compensation benefits after sustaining severe injuries to his right arm while cleaning a laminator machine at Paramount Packaging Corporation. The trial court denied benefits, citing the employee's willful misconduct in operating the machine against a posted safety rule. However, evidence showed that the safety rule, prohibiting cleaning while the machine was in operation, was habitually ignored by operators with the knowledge and acquiescence of supervisors. The Supreme Court reversed the lower court's decision, ruling that the employer was estopped from using the willful misconduct defense due to its long-standing tolerance of the practice.

Willful MisconductWorker's CompensationSafety Rule ViolationEmployer AcquiescenceEstoppel DoctrineIndustrial AccidentLaminator MachinePermanent Partial DisabilityEmployee InjuryTennessee Law
References
5
Case No. MISSING
Regular Panel Decision
Mar 28, 1985

Gay v. American Janitor Service

This case concerns an appeal from a Workers’ Compensation Board decision affirming that the claimant sustained an accidental injury during the course of employment. The claimant, an employee of American Janitor Service, was injured in a company vehicle while being transported to work. Although transportation was not contractually mandated or compensated, it was a regular accommodation provided by the employer. The court affirmed the Board's decision, citing Matter of Holcomb v Daily News, which established that workers' compensation benefits can be awarded for transportation-related injuries if an employer knowingly acquiesces to a long-established practice of providing transport. The record supported the finding of such a common practice.

Workers' CompensationTransportation InjuryCourse of EmploymentEmployer LiabilityImplied AgreementAcquiescenceAppellate ReviewBoard DecisionAccident
References
1
Case No. MISSING
Regular Panel Decision

Claim of Farnan v. New York State Department of Social Services

The case involves an appeal regarding a claimant who sustained an accidental injury while participating in a basketball game during a co-worker organized picnic. The Workers’ Compensation Board initially ruled the injury compensable, but the appellate court reversed this decision. The court found insufficient evidence of employer sponsorship or control, noting that mere acquiescence to organizing activities, use of company resources, or general benefits like increased morale were not enough to establish compensability under Workers’ Compensation Law § 10 (1). The requirement for participants to take annual leave also did not demonstrate employer control, leading to the dismissal of the claim.

Workers' CompensationAccidental InjuryCourse of EmploymentEmployer SponsorshipEmployee PicnicBasketball InjuryEmployer ControlCompensabilityAppellate ReviewReversal of Benefits
References
3
Case No. MISSING
Regular Panel Decision
Jul 01, 1996

Sormani v. Orange County Community College

The plaintiff, a student and part-time employee at Orange County Community College, filed an action seeking damages for negligence and sex discrimination, alleging sexual harassment by a coach. The Supreme Court partially denied the defendant's cross-motion for summary judgment. On appeal, the order was reversed. The appellate court ruled that the negligence claim was barred by the Workers’ Compensation Law as the plaintiff's exclusive remedy, rejecting the dual-capacity doctrine. The sex discrimination claim was also dismissed due to the plaintiff's failure to timely inform the employer of the conduct and lack of evidence demonstrating employer acquiescence or a supervisory relationship.

NegligenceSex DiscriminationSexual HarassmentSummary JudgmentWorkers' Compensation LawExclusive RemedyDual-Capacity DoctrineExecutive Law 296Title VII Civil Rights ActHostile Work Environment
References
7
Showing 1-10 of 31 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