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. 2022 NY Slip Op 00221 [201 AD3d 1140]
Regular Panel Decision
Jan 13, 2022

Matter of New Team, LLC (Commissioner of Labor)

The Unemployment Insurance Appeal Board assessed New Team, LLC for additional unemployment insurance contributions, determining an employment relationship with its brand ambassadors based on an audit from July 2010 to September 2013. New Team appealed this decision. The Appellate Division, Third Department, affirmed the Board's ruling. The court found substantial evidence supported the Board's conclusion that New Team exercised sufficient supervision, direction, or control over the brand ambassadors to establish an employment relationship for unemployment insurance purposes. The decision highlighted factors such as New Team's recruitment, training, scheduling, event monitoring, and reporting requirements for brand ambassadors.

Unemployment InsuranceEmployment RelationshipIndependent ContractorBrand AmbassadorsUnemployment Insurance Appeal BoardAppellate Division Third DepartmentSubstantial EvidenceLabor Department AuditControl TestMarketing Services
References
10
Case No. ADJ8765034
Regular
May 03, 2017

Darren Langdon vs. New Jersey Devils, Montreal Canadiens, Federal Insurance Company

This case involves a professional hockey player's cumulative injury claim against his former teams, the Montreal Canadiens and New Jersey Devils, and their insurer, Federal Insurance Company. The applicant was hired in California by an earlier team, establishing WCAB jurisdiction despite playing for out-of-state teams later. Federal argued the WCAB lacked jurisdiction over the Montreal and New Jersey employments due to insufficient California contacts, but this was rejected as jurisdiction is based on being hired in California, and the cumulative injury occurred over time. The Board affirmed the finding of jurisdiction and liability, clarifying that employer-specific apportionment issues are addressed in separate proceedings.

Cumulative InjuryProfessional Hockey PlayerJurisdictionFederal Insurance CompanyNew Jersey DevilsMontreal CanadiensLabor Code SectionsApportionmentSubject Matter JurisdictionDue Process
References
22
Case No. ADJ1888124 (SAL 0111884) ADJ3322590 (SAL 0079903)
Regular
Oct 20, 2016

MARIA NUNEZ vs. MANN PACKING COMPANY, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT COMPENSATION INSURANCE COMPANY, In Liquidation; STATE OF CALIFORNIA

This case concerns the California Insurance Guarantee Association's (CIGA) liability for an applicant's workers' compensation claims after Fremont Compensation Insurance Company became insolvent. CIGA argued it should be relieved of liability because the State of California, as the applicant's employer through IHSS, constituted "other insurance" under Insurance Code Section 1063.1. The Appeals Board affirmed the WCJ's decision, holding that the State of California does not qualify as "other insurance" under the relevant statutes. This distinction is based on the State not being required to obtain workers' compensation insurance or a certificate of self-insurance like private or other public employers.

CIGAFremont Compensation Insurance Companyliquidationlegally uninsuredother insuranceInsurance Code Section 1063.1covered claimsIn-Home Supportive Services (IHSS)statutory limitationsself-insurance
References
5
Case No. ADJ18852673
Regular
Jul 14, 2025

Harrison P. Wenson vs. Los Angeles Angels, Ace American Insurance Company/Chubb

Applicant Harrison P. Wenson sought reconsideration of a WCJ's April 14, 2025, Findings of Fact and Order, which found no California subject matter jurisdiction over his cumulative trauma claim. Wenson argued jurisdiction based on Labor Code section 3600.5(d) exceptions, the defendant being a California employer, and his employment with a California-based team. The Appeals Board granted the petition for reconsideration to further study the jurisdictional issue, deferring a final decision after reconsideration.

Cumulative traumaSubject matter jurisdictionProfessional athleteLabor Code section 3600.5(d)Employer controlCalifornia-based teamContract of hireDuty daysSignificant connectionNexus
References
18
Case No. ADJ2842535
Regular
May 27, 2011

JANE HUTZELL vs. UNIVERSITY OF CALIFORNIA at BERKELEY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration by applicant Jane Hutzell against the University of California at Berkeley. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that vocational experts' opinions did not adequately address the impact of medical apportionment or the specifics of part-time work availability on the overall industrial disability rating. Therefore, the judge's rating, based on established schedules, was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationVocational ExpertsLumbar Spine ConditionCumulative TraumaNon-Industrial FactorsObesityApportionmentBilateral Carpal Tunnel SyndromeBilateral Cubital Tunnel Syndrome
References
0
Case No. ADJ1857578
Regular
Jun 23, 2009

MIRNA LICEA vs. MINSON CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PHICO INSURANCE COMPANY in liquidation

This case involves a lien claim by Missirian Orthopedic Medical Group, assigned to KM Financial Services, for medical treatment provided to Mirna Licea. The California Insurance Guarantee Association (CIGA), representing the insolvent insurer Phico Insurance Company, denied the lien based on Insurance Code § 1063.1(c)(9), which excludes claims by assignees. The Workers' Compensation Appeals Board denied reconsideration, affirming that the statute clearly prohibits payment to assignees, including medical providers who have assigned their accounts receivable. The Board relied on *Baxter Healthcare Corp. v. CIGA* for the principle that assigned claims are not "covered claims" under the Guarantee Act.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAPhico Insurance Companyliquidationinsolvent insurerlien claimantassigneecovered claimInsurance Code 1063.1(c)(9)
References
4
Case No. ADJ8804405
Regular
May 19, 2017

JAMIE HUSCROFT vs. CALGARY FLAMES, FRESNO FALCONS, STOCKTON THUNDER, TAMPA BAY LIGHTNING, VANCOUVER CANUCKS, PHOENIX COYOTES, WASHINGTON CAPITALS, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a finding of no subject matter jurisdiction, holding that California's workers' compensation laws apply to applicant Jamie Huscroft's cumulative industrial injury claim. Applicant was hired in California by the Fresno Falcons and played for them and other teams during his professional hockey career from 1988 to 2000. The WCAB found jurisdiction based on the contract of hire and work performed in California, pursuant to Labor Code sections 3600.5(a) and 5305. The case was returned to the trial level for further proceedings on the claim.

Subject Matter JurisdictionCumulative Industrial InjuryContract of HireProfessional Hockey PlayerLabor Code Sections 3600.5(a)5305WCABReconsiderationFindings and OrderReport and Recommendation
References
14
Case No. ADJ8691809
Regular
Apr 14, 2017

NICOLE BORAGNO vs. STATE OF CALIFORNIA, CDCR - CENTRAL CALIFORNIA WOMEN'S FACILITY CHOWCHILLA, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Nicole Boragno's workers' compensation claim against the State of California, CDCR. The applicant sought reconsideration of a decision denying the admission of a supplemental medical report. The WCAB denied reconsideration, adopting the WCJ's report which found the supplemental report inadmissible. This was because discovery had closed at the mandatory settlement conference, and the defendant failed to establish good cause for introducing evidence not previously disclosed. The WCJ noted there was no change in circumstances to warrant the late-filed report, distinguishing it from precedent that allows such reports.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationmandatory settlement conferencediscovery closureLabor Code section 5502(d)(3)good causesupplemental reportPQMEapportionmenttimeliness
References
2
Case No. ADJ9674694
Regular
Feb 02, 2016

RAMONDA WALKER vs. PETROCHEM INSULATION, INC., ACE AMERICAN INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an applicant's claim for an injury sustained while working in Utah. The applicant, hired by a California-based company, argues California has jurisdiction because the company is based there, he paid California taxes, and he was directed to join a California union. However, the WCAB affirmed the finding that it lacked jurisdiction, as the applicant was hired and injured outside of California. The Board held that the location of the hiring and the injury are determinative for jurisdiction, not the employer's location or the applicant's tax payments.

JurisdictionContract of HireLabor Code § 5305Labor Code § 3600.5(a)WCABIndustrial InjuryPetrochem InsulationInc.Ramonada WalkerReconsideration
References
14
Case No. ADJ7089639 ADJ7089641
Regular
Jun 13, 2013

Santos Quesada vs. Washmasters, Inc. dba California Fleet Services, Dikran Karek dba California Car Wash

Washmasters, Inc. seeks reconsideration of a workers' compensation award for applicant Santos Quesada, alleging denial of due process due to improper notice after changing its address. The Board denied reconsideration, finding Washmasters was properly served with the initial application and subsequent notices at its last known address. Washmasters' failure to notify the Board of its address change, as required by law, precluded it from later contesting the award based on lack of notice or the joinder of another entity. The Board also found Washmasters lacked standing to challenge the award against California Car Wash.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundStipulated AwardPermanent DisabilityLife PensionPetition for ReconsiderationDue ProcessService of ProcessApplication for Adjudication of ClaimSpecial Notice of Lawsuit
References
0
Showing 1-10 of 7,824 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