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

Emerson Enterprises, LLC v. Kenneth Crosby New York, LLC

This action involves environmental contamination of a property at 640 Trolley Drive in Gates, New York, owned by Plaintiff Emerson Enterprises, LLC. The contamination, involving PCBs, TCA, and acetone, originated from the dumping of cutting oil into a dry well by employees of Clark Witbeck, a former tenant, primarily before 1980. Plaintiff sued Dean Brodie, a former owner/operator of Clark Witbeck from 1980-1987, under CERCLA, RCRA, ECL, Navigation Law, and common-law torts. The Court granted summary judgment to Brodie on CERCLA, RCRA, ECL Article 37, Navigation Law § 176(8), trespass, and private nuisance claims, finding no evidence of dumping during his tenure or damage to adjacent properties. However, Brodie's motion was denied for negligence, strict liability, public nuisance, waste, equitable or implied indemnification, and restitution, as factual issues remain regarding his response to known past contamination. Plaintiff's cross-motion for summary judgment on Brodie's counterclaims was also granted due to lack of supporting evidence from Brodie.

Environmental ContaminationCERCLARCRAECLNavigation LawSummary JudgmentHazardous Waste DisposalStrict LiabilityNegligencePublic Nuisance
References
38
Case No. ADJ8489468
Regular
Jun 15, 2018

ROLE BRODIE vs. AEROTEK COMMERCIAL STAFFING, ACE AMERICAN INSURANCE COMPANY

This case involves a workers' compensation claim by Roly Brodie against Aerotek Commercial Staffing and its insurer. The applicant was found to have sustained injuries to multiple body parts, including bilateral wrists, back, shoulders, neck, psyche, and hands, resulting in temporary total disability and a need for further medical treatment. The defendant petitioned for reconsideration, challenging only the finding of permanent and total disability ($100\%$) due to alleged lack of applicant credibility. The Workers' Compensation Appeals Board affirmed the original award, upholding the finding of permanent and total disability.

Findings of FactAward and OrdersPetition for ReconsiderationWCJcumulative periodtemporary total disabilitypermanent and total disabilitysubstantial evidenceapplicant's lack of credibilityReport and Recommendation on Petition for Reconsideration
References
0
Case No. ADJ7086304, ADJ987328 (SFO 0500796)
Regular
Mar 20, 2012

TAHER SALEH MOHAMED, Deceased vs. ABLE BUILDING MAINTENANCE, ZURICH INSURANCE

This case involves applicant's attorney, Michelle Brodie, seeking removal and reconsideration of a workers' compensation judge's order for sanctions and a compliance order. Brodie failed to appear at conferences and neglected to file fee division declarations, leading to sanctions unless good cause was shown. The Appeals Board dismissed the petition for reconsideration as the order was interim, and denied removal, finding no significant prejudice or irreparable harm despite procedural confusion. The Board emphasized Brodie's obligation to appear at the scheduled hearing to resolve attorney fee disputes.

Petition for ReconsiderationPetition for RemovalOrder to Appear and Notice of SanctionsWorkers' Compensation Appeals BoardAdministrative Law JudgeAttorney FeesLien TrialDeclaration of ReadinessGood CauseIrreparable Harm
References
2
Case No. FRE 231905
Regular
Aug 06, 2007

DONALD VAN NESS vs. CLOVIS UNIFIED SCHOOL DISTRICT, PSI, Administered By TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board rescinded a prior award, returning the case to the administrative law judge for recalculation of permanent disability indemnity and attorney fees. This decision was based on the California Supreme Court's ruling in *Brodie v. Workers' Comp. Appeals Bd.*, which clarified that the "subtracting percentages from percentages" method remains the proper approach for permanent disability apportionment post-Senate Bill 899. The Board directed the judge to apply *Brodie* and conduct further proceedings as needed.

Workers' Compensation Appeals BoardDonald Van NessClovis Unified School DistrictTristar Risk ManagementOpinion and Decision After ReconsiderationLabor Code section 4664apportionmentpermanent disabilityFindings and AwardErickson v. Kaiser Permanente
References
4
Case No. ADJ8413347
Regular
Sep 23, 2013

GARY BRODIE vs. CARMAX, TRAVELERS INSURANCE COMPANY

This case involves an applicant seeking reconsideration of a finding that he treated outside the defendant's Medical Provider Network (MPN) without justification. The applicant argued he was denied access to MPN treatment due to the defendant's non-compliance and sought to introduce new evidence of physician licensing issues. The Appeals Board denied the petition for reconsideration, adopting the WCJ's report which found no legal basis for the applicant's claims. The Board also strongly admonished the applicant's attorney for improperly attaching exhibits not in the trial record and raising issues not previously litigated, noting potential sanctions.

Medical Provider NetworkMPN compliancestatutory requirementsregulatory requirementsphysician identificationpractice groupslicensing requirementsmedical malpractice judgmentdisciplinary actionnewly discovered evidence
References
0
Case No. AHM 91449
Regular
Oct 22, 2007

KEVIN MARTIN vs. ALLIANCE IMAGING, HARTFORD INSURANCE, SPECIALTY RISK SERVICES

This case concerns Kevin Martin's workers' compensation claim for a cumulative trauma back injury. The Appeals Board affirmed the judge's decision to apportion permanent disability by deducting the prior percentage of disability, not its monetary value, as per *Brodie v. WCAB*. The Board also amended the award to grant the defendant credit for temporary disability overpayments and EDD reimbursement.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardCumulative TraumaApportionmentPermanent DisabilityTemporary DisabilityLabor Code § 4664Brodie v. Workers' Comp. Appeals Bd.Fuentes v. Workers' Comp. Appeals Bd.
References
2
Case No. OAK 0284707, OAK 0291936
Regular
Jan 29, 2008

SHARON TAKAHASHI vs. COUNTY OF ALAMEDA, OCTAGON RISK MANAGEMENT

This case involves two cumulative trauma injuries to applicant's upper extremities. The Appeals Board rescinded prior findings and remanded the case for new decisions due to the WCJ's failure to apply the controlling case law of *Benson* and *Brodie*. These cases mandate a causation-based apportionment and a percentage-based calculation for permanent disability indemnity, rather than the WCJ's previous approach.

Workers' Compensation Appeals BoardIndustrial injuryUpper extremitiesConsequential headachesLeft knee injuryRight ankle injuryPermanent disabilityAttorney's feesCumulative traumaApportionment
References
3
Case No. LBO 357504
Regular
Apr 01, 2008

ANNETTE McGLOVER vs. HEALTHSOUTH CORPORATION, ACE USA INSURANCE COMPANY c/o ESIS, INC.

This Workers' Compensation Appeals Board decision clarifies permanent disability apportionment for an applicant with a prior low back injury. The Board affirmed a 50% apportionment to "other factors," which included the prior injury, and calculated the compensable permanent disability at 26.5% after applying the Supreme Court's ruling in *Brodie*. Consequently, the applicant's attorney's fee was set at 15% of the awarded permanent disability indemnity.

Workers' Compensation Appeals BoardReconsiderationApportionmentLabor Code § 4663Labor Code § 4664Permanent Disability IndemnityBrodie v. Workers' Comp. Appeals Bd.Industrial InjuryLow Back InjuryNeck Injury
References
2
Case No. SRO 99047, SRO 100453, SRO 100595
Regular
May 28, 2008

CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in *Brodie* and subsequent WCAB en banc decision in *Benson*. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.

CIGASCIFSuperior NationalliquidationSROindustrial injuryleft kneebackcashierstock clerk
References
7
Case No. WCK 0067569
Regular
Dec 12, 2007

DELLA D'ETTEL vs. LONGS DRUG STORES CORPORATION, Permissibly Self-Insured, AIG CLAIMS SERVICES

The Appeals Board amended the original award to correctly apportion the applicant's permanent disability, applying the new apportionment law only to the "new and further disability." The Board calculated the applicant's overall industrial permanent disability at 77.25 percent by subtracting the non-industrial factors from the increase in disability and adding it to the original award. This amended calculation, consistent with *Vargas* and *Brodie*, determined the final permanent disability indemnity and life pension.

Della D'EttelLongs Drug Stores CorporationAIG Claims ServicesWCK 0067569ReconsiderationNew and Further DisabilityPermanent Partial DisabilityApportionmentLabor Code section 4663SB 899
References
3
Showing 1-10 of 19 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