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 Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. ADJ2759696 (VNO 0492027)
Regular
Oct 11, 2010

WOON YOUNG PARK vs. FILM PAYMENT SERVICES, INC., CHARTIS INSURANCE

The Board granted reconsideration, rescinding the WCJ's decision on the defendant's credit for overpaid temporary disability. The defendant is allowed credit for temporary disability payments made from March 26, 2009, to June 3, 2009, at the temporary disability rate. Further credit is granted for payments made from June 4, 2009, to December 7, 2009, at the permanent disability rate of $185.00 per week. The Board denied further credit due to insufficient evidence regarding post-AME report overpayments.

Petition for ReconsiderationPermanent DisabilityTemporary DisabilityCreditStipulated AwardAgreed Medical ExaminationPermanent and StationarySection 4909Abuse of DiscretionDue Process
References
0
Case No. ADJ3234390 (OXN 0146866)
Regular
May 02, 2019

KENNETH CROW vs. COASTLINE EQUIPMENT, AMERICAN CASUALTY INSURANCE COMPANY OF REDDING, PENNSYLVANIA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the WCJ's finding that a Stipulation with Request for Award was not ambiguous. The defendant sought credit for permanent disability payments made before June 28, 2010, in dismissed cases, arguing the stipulation allowed for credit of "previously made" payments. However, the Board found the stipulation's plain language only entitled the defendant to credit for payments made on or after June 28, 2010, in the primary case. The defendant failed to prove mutual intent for credit of prior payments in dismissed claims.

Stipulations with Request for AwardPetition for ReconsiderationFindings and AwardPermanent Disability IndemnityCredit for PaymentsContract InterpretationDismissed ClaimsMerged CasesWCJ ReportWCAB
References
12
Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. ADJ3673133 (VNO 0543877)
Regular
Sep 13, 2013

DAN GOLDFIELD vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration and modified a prior award to allow the defendant employer a $30,000 credit for temporary disability indemnity paid to a firefighter during the pendency of his retroactive disability retirement. While the Board agreed with the Administrative Law Judge that the employer was entitled to some credit for the overpayment, they exercised discretion under Labor Code Section 4909 to grant a partial credit, deeming a full credit inequitable. The Board found that the overpayment was made in good faith, but the applicant would suffer hardship if the full amount was credited, given the payments were due when made and the employer delayed in raising the credit issue. Therefore, a compromise credit of $30,000 was awarded instead of the initial $1,505.44 or the employer's requested $69,120.88.

Workers' Compensation Appeals BoardCity of West Covinafirefightertemporary disability indemnityoverpaymentcreditpermanent disabilitydisability retirementLabor Code section 4909substantial medical evidence
References
6
Case No. ADJ1755508
Regular
Mar 30, 2011

SOSTENES REYES vs. PRO TRADES CONNECTION, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the initial award, primarily addressing the defendant's contentions regarding the applicant's average weekly wage and credit for temporary disability payments. The Board agreed with the WCJ's recommendation to amend the award to include credit for temporary disability payments already made. Additionally, the Board corrected a clerical error concerning the permanent disability indemnity, incorporating credit for past payments and an attorney's fee. The award was otherwise affirmed, confirming the applicant's admitted industrial injury and $100\%$ permanent total disability.

WCABReconsiderationAverage Weekly EarningsTemporary Total DisabilityPermanent Total DisabilityCredit for PaymentsSupplemental PetitionClerical ErrorAttorney FeeMedical Treatment
References
0
Case No. LAO 0852444, VNO 0517617
Regular
Jun 10, 2008

Gloria Foster, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted the Death Without Dependents Unit's (DWD) petition for reconsideration, reversing a prior order that allowed the City of Los Angeles Fire Department credit for payments made to a deceased firefighter's heir. The Board ruled that the employer had no authority to take credit for payments made under an unconstitutional statute against the $125,000 death benefit owed to DWD. Therefore, the defendant is ordered to pay the full $125,000 to DWD.

Death Without Dependents UnitDWDLabor Code Section 4706.5Labor Code Section 4702(a)(6)(B)industrial injurydeath benefitcredit for paymentsunconstitutional statutelegislative intentestate of deceased employee
References
2
Case No. ADJ7917429
Regular
Mar 10, 2014

ROBERTO SALAZAR vs. WTS INTERNATIONAL, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a dispute over defendant's credit for Employment Development Department (EDD) payments against the applicant's permanent disability award. Initially, the WCJ granted the defendant credit for the entire period EDD paid benefits. Upon reconsideration, the Appeals Board clarified that the defendant is only entitled to credit for EDD payments made from January 2, 2012, to May 10, 2012, as these were effectively permanent disability advances. The Board rescinded the original award and amended the findings to reflect this adjusted credit.

Petition for ReconsiderationStipulated AwardPermanent DisabilityTemporary DisabilityCredit for PaymentsEmployment Development DepartmentEDDState Disability InsuranceSDIReimbursement
References
1
Case No. MISSING
Regular Panel Decision

Claim of Keser v. New York State Elmira Psychiatric Center

This case addresses whether late payment penalty provisions of Workers’ Compensation Law § 25 (3) (f) apply to reimbursements made by an employer’s compensation carrier for wages paid during an employee's disability, and if so, whether they apply when reimbursement is in a form other than monetary payment to the employee. The Court affirmed the Appellate Division's decision, answering both questions in the affirmative. A 20% penalty was upheld against the State Insurance Fund for late reimbursement to the New York State Elmira Psychiatric Center, the employer of claimant Peter Keser. The ruling emphasizes that for penalty purposes, no distinction should be made between awards payable directly to claimants and those payable to an employer as reimbursement, and the mechanics of payment (e.g., accounting credit) do not alter the need for timely compliance with award terms, promoting prompt payment of workers' compensation benefits.

Workers' CompensationLate Payment PenaltyEmployer ReimbursementDisability BenefitsStatutory InterpretationSection 25(3)(f)Compensation DefinitionCarrier LiabilityPrompt PaymentAccrued Leave
References
6
Showing 1-10 of 4,025 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