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

New York Electrical Contractors' Ass'n v. Local Union No. 3 of International Brotherhood of Electrical Workers

This decision addresses an application filed by Local Union No. 3 of the International Brotherhood of Electrical Workers, a defendant in the original action. The union sought to quash the summons and service of other legal papers, asserting misnomer and improper service. The court noted that under Section 13 of the General Associations Law, actions against unincorporated associations must be brought against the president or treasurer, and service must be made upon these officers. Despite the plaintiff naming the union's president and treasurer in its papers, service on the local union was made on its general counsel and its financial secretary individually, not its president or treasurer. The court found this service insufficient to establish jurisdiction over the local union and, consequently, granted the motion to quash the service.

JurisdictionService of ProcessUnincorporated AssociationMisnomerGeneral Associations LawCivil Practice ActMotion to QuashLabour UnionStatutory InterpretationProcedural Law
References
6
Case No. ADJ8411218
Regular
Jul 07, 2014

Rafael Becerra vs. PV MART dba BUY LOW MARKET, INC., EMPLOYERS COMPENSATION INSURANCE CO., KEYANOOSH GHAMARI dba CODE 3 SECURITY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefits Trust Fund's petition for reconsideration. Applicant's petition was granted to amend the original Findings and Order. The Board found that PV Mart dba Buy Low Market, Inc. was not a special employer of the applicant, Rafael Becerra. Consequently, PV Mart and its insurer were dismissed as party defendants, and the applicant was deemed an employee of Keyanoosh Ghamari dba Code 3 Security at the time of injury.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundSpecial Employment RelationshipGeneral EmploymentBorrowing EmployerLending EmployerRight to ControlCredibility DeterminationBuy Low MarketCode 3 Security
References
8
Case No. ADJ14871067
Regular
Feb 13, 2023

EDGAR GAMA vs. XTRACTOR DEPOT, LLC, 2020 LONG BEACH, LLC, THE HARTFORD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the judge's finding that the applicant was an employee of Xtractor Depot, LLC. The Board gave significant weight to the judge's credibility determination, finding no substantial evidence to warrant overturning it. The Board also noted the petitioner's improper attachment of exhibits to their petition. Ultimately, the applicant's credible testimony and unrebutted exhibits supported the original finding of industrial injury.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ Credibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Ostensible AuthorityEmployee StatusXtractor Depot LLCAndrew YoonCannabis IndustryWarehouse Explosion
References
4
Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. ADJ8012703, ADJ1016830 (LAO 0881773)
Regular
Oct 13, 2016

STANLEY THOMAS vs. L3 COMMUNICATIONS CORPORATION, ACE USA PROPERTY AND CASUALTY

The Workers' Compensation Appeals Board granted reconsideration to admit applicant's Exhibit 3 (DWC-1 dated December 28, 2010) into evidence. However, the Board otherwise affirmed the Administrative Law Judge's prior Findings and Order. The Judge had found that the applicant did not sustain injury arising out of or in the course of employment for various body parts. The Board adopted the Judge's reasoning, except for a specific sentence regarding attorney negligence, and denied the admission of Exhibits 2 and 4.

Workers' Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationFindings and OrderInjury AOE/COELabor Code section 5402Presumption of CompensabilityDWC-1Medical Legal Report
References
4
Case No. ADJ3860512 (OAK 0238823)
Regular
Feb 18, 2010

, Applicant vs. COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a prior findings and order. The dismissal was based on the applicant's submission of a petition that grossly exceeded the 25-page limit set by WCAB rules. Additionally, the petition improperly attempted to appeal existing exhibits already in the record. The WCAB warned the applicant of potential sanctions for future non-compliance with filing rules.

WCABPetition for ReconsiderationDismissalWCJ ReportPage LimitationRule 10845(a)Rule 10232(a)(10)SanctionsLabor Code Section 5813Rule 10561
References
8
Case No. ADJ460346 (STK 0189196) ADJ3032103 (STK 0191252)
Regular
Jun 15, 2009

THERESA MICHELLE DELGADO vs. MERCED CITY SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By CLAIMS MANAGEMENT, INC.

This case involves Applicant Theresa Delgado's petition for reconsideration of the Appeals Board's decision to allow further development of the record. The Board had previously rescinded a prior award, deeming the existing psychiatric QME reports stale due to the passage of time and Applicant's return to work. Applicant argued this violated procedural rules regarding exhibit readiness at the Mandatory Settlement Conference. The Board denied the petition, reiterating that its March 23, 2009 decision was an interim procedural order and that updated medical reports are necessary for a determination of current disability, as stale medical evidence does not constitute substantial evidence.

Workers Compensation Appeals BoardPetition for ReconsiderationOpinion and OrderFindings and AwardIndustrial InjuryPsyche InjuryPermanent DisabilityFurther Medical TreatmentMandatory Settlement ConferenceQualified Medical Examiner
References
7
Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. MISSING
Regular Panel Decision
Feb 02, 1984

Krebbeks v. Regan

Petitioner, the widow of a Department of Transportation employee, applied for accidental death benefits after her husband's service-connected death in July 1981. Although her application for accidental death benefits was approved, these benefits were entirely offset by workers' compensation payments, leaving her with no current payments from the State Employees’ Retirement System. Subsequently, petitioner sought a lump-sum ordinary death benefit, which was denied because she was deemed eligible for accidental death benefits, even if offset. This appeal ensued after the denial of her application by a hearing officer and Special Term's concurrence. The court affirmed the denial, citing Retirement and Social Security Law § 60 (a) (3), which states an ordinary death benefit is not payable if an accidental death benefit is payable, with a narrow exception not applicable here.

Accidental Death BenefitsOrdinary Death BenefitsWorkers' Compensation OffsetRetirement and Social Security LawStatutory InterpretationDeath Benefits EligibilityPublic Employee BenefitsAdministrative Law AppealDeath Benefit Offset
References
2
Case No. MISSING
Regular Panel Decision

Int'l Bhd. of Elec. Workers, AFL-CIO, Local Union No. 3 v. Charter Commc'ns, Inc.

This case concerns a dispute between Local 3 and Charter Communications regarding a Collective Bargaining Agreement (CBA). The core issue is whether Local 3 members were bound by a CBA provision requiring arbitration of disputes during a strike in March 2017. The court found that Local 3's conduct, including signing a Memorandum of Agreement (MOA), ratifying it, accepting improved wages and benefits, and utilizing grievance and arbitration procedures for almost two years, manifested an intent to be bound by the no-strike and arbitration provisions. Despite previous NLRB decisions regarding the inclusion of riders in the CBA, the District Court determined that the parties' actions indicated a binding agreement on the no-strike and grievance terms. Consequently, summary judgment was granted in favor of Charter, and arbitration was ordered.

Collective Bargaining AgreementArbitrationNo-Strike ClauseSummary JudgmentLabor Management Relations ActContract LawIntent to be BoundUnion DisputeEmployer-Employee RelationsFederal Court Jurisdiction
References
22
Showing 1-10 of 13,845 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