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. SDO 0327959
Regular
Aug 03, 2007

IRMA MENDEZ vs. SUNRISE SENIOR LIVING, AMERICAN HOME ASSURANCE

This Workers' Compensation Appeals Board case clarifies the commencement date for temporary disability payments under Labor Code section 4656(c)(1). The Board amended a prior order, ruling that the commencement date is the date the first payment is actually issued, not the date the disability is first owed. Consequently, the employer's liability for temporary disability is limited to 104 weeks within two years from the actual payment date of June 2, 2005.

Workers' Compensation Appeals BoardTemporary disability indemnityLabor Code section 4656(c)(1)Date of commencementFindings and OrderPetition for reconsiderationExpedited hearingApplication for Adjudication of ClaimStipulationCompensable weeks
References
1
Case No. 99-11240 B, 08-CV-774A, Adv. No. 01-1193B
Regular Panel Decision
Nov 01, 2010

McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)

This memorandum opinion addresses the calculation of prejudgment interest on fraudulent transfer claims recovered by Gerard A. McHale, Jr., P.A., as Trustee for the 1031 Debtors Liquidation Trust, against the Boulder Defendants. The Court determined that three transfers in 2005 and 2006 were fraudulent under section 548(a) of the Bankruptcy Code. It concludes that the Trustee is entitled to prejudgment interest from the adversary proceeding commencement date, March 20, 2009, at the bank prime loan rates in effect on the dates of each transfer (6.5%, 8.0%, and 8.25%). Additionally, the Trustee is entitled to post-judgment interest at the federal judgment rate, and a final judgment is to be entered pursuant to Federal Rule of Civil Procedure 54(b).

Prejudgment InterestFraudulent TransferBankruptcy CodeAdversary ProceedingFederal Judgment RateMarket Rate InterestPrime RateRule 54(b) JudgmentTrustee RecoveryBankruptcy Court
References
26
Case No. MISSING
Regular Panel Decision

Mid-Century Insurance Co. v. Texas Workers' Compensation Commission

Mid-Century Insurance Company challenged a rule by the Texas Workers’ Compensation Commission (the Division) that mandated lifetime income benefits (LIBs) be paid retroactively from the initial date of disability. Mid-Century contended this rule, 28 Tex. Admin. Code § 131.1(b), exceeded the Division's statutory authority by imposing liability for LIBs before some employees became eligible. After the district court ruled in favor of the Division, Mid-Century appealed. The appellate court found the Division's rule invalid, concluding that the legislature intended LIBs to commence upon eligibility, not from the date of disability, and that Labor Code section 408.082, regarding accrual, applied only to temporary income benefits. Consequently, the judgment of the district court was reversed, and judgment was rendered for Mid-Century, declaring the rule inconsistent with statutory provisions.

Workers' Compensation LawLifetime Income BenefitsStatutory InterpretationAdministrative LawAgency AuthorityRetroactive PaymentsDate of DisabilityBenefit EligibilityDeclaratory Judgment ActionTexas Labor Code
References
19
Case No. ADJ2564772
Regular
Jun 24, 2010

JUANITA MORALES vs. FRALOCK INDUSTRIES, STATE COMPENSATION INSURANCE FUND, CIGA

This case involved an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The original ruling awarded 52% permanent disability for upper extremity injuries but set the payment commencement date at July 31, 2006. The applicant argued this date was not supported by medical evidence. The WCAB granted reconsideration, finding that permanent disability payments should commence on October 8, 2004, the date of the primary treating physician's permanent and stationary report. The original award was otherwise affirmed.

Juanita MoralesFralock IndustriesLockwoodState Compensation Insurance FundCIGALegion InsuranceliquidationADJ2564772VNO 0508264Reconsideration
References
0
Case No. ADJ1974387
Regular
Jan 19, 2023

KATHERINE BEARD vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, YORK RISK SERVICES GROUP, INC.

This case concerns a dispute over permanent disability benefits for an employee injured in 2006. The applicant sought benefits at a higher weekly rate and an earlier COLA commencement date than initially awarded. The Appeals Board amended the original findings, ruling that the date of first permanent disability payment (September 13, 2006) controls benefit calculations. Consequently, the defendant must retroactively adjust payments to $407.66 per week and commence COLAs from January 1, 2007, with credit for prior payments.

Petition for Reconsiderationpermanent disability indemnityCOLApermanent total disabilityretroactive adjustmentpermanent and stationary dateearnings at time of injuryaverage weekly earningsmedical-legal benefitLabor Code Section 4650
References
4
Case No. ADJ6692231
Regular
Nov 23, 2016

DONALD BARNARD vs. SCHELLINGER CONSTRUCTION COMPANY, LINCOLN GENERAL INSURANCE COMPANY IN LIQUIDATION

The Appeals Board granted reconsideration to clarify the commencement date of permanent disability indemnity payments. Despite a previous finding incorporating a DEU commutation suggesting an April 15, 2014 start date, the Board ruled that Labor Code section 4650 dictates entitlement begins the day after temporary disability ends. Therefore, applicant is entitled to permanent disability payments starting October 2, 2010, with a 15% increase commencing sixty days after April 15, 2014. The matter is returned for further proceedings to adjust benefits and attorney fees accordingly.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJDEU commutationpermanent disabilitycommencement dateretroactive benefitsLabor Code § 4650Brower v. David Jones Construction
References
1
Case No. MISSING
Regular Panel Decision

Poore v. Magnavox Co. of Tennessee

This worker's compensation case from Tennessee involves an appeal against a summary judgment granted to the defendant. The trial court had ruled that the plaintiff's action was barred by a one-year statute of limitations and that the injury was not compensable. The appellate court, presided over by Justice Brock, focused on the statute of limitations, specifically the commencement date. The plaintiff argued the statute began when she was informed of her back injury by Dr. Ellis in May 1977, rather than the earlier injury dates. The court found that the medical depositions created a genuine issue of material fact regarding the statute's commencement. Consequently, the judgment of the trial court was reversed, and the case was remanded for a full trial on the merits.

Worker's CompensationStatute of LimitationsSummary JudgmentBack InjurySpondylolisthesisDegenerative Disc DiseaseMedical DiagnosisTollingRemandAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Claim of Petty v. Dresser Industries

The decedent, a chipper, developed silicosis/pneumoconiosis due to workplace silica exposure and died in May 1997. A Workers’ Compensation Law Judge awarded death benefits to his widow, attributing the death to an occupational disease and ruling that the Special Funds Conservation Committee would reimburse the employer after a 260-week waiting period starting May 14, 1997. The employer and its carrier appealed, contending that under Workers’ Compensation Law § 15 (8) (ee), reimbursement should commence after 104 weeks from July 15, 1993, the date of diagnosis, as this date preceded August 1, 1994. The Workers’ Compensation Board affirmed the 260-week period, noting that no date of disablement was established during the decedent's lifetime, thus making the date of death the trigger for the waiting period, which fell after August 1, 1994. The appellate court affirmed the Board's decision, deferring to its interpretation that the date of death constitutes the date of disablement when no claim for benefits was made during the decedent’s life, leading to the 260-week waiting period.

SilicosisPneumoconiosisOccupational DiseaseWorkers' CompensationSpecial FundsReimbursementDate of DisablementDate of DeathWaiting PeriodAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Bach v. Millard Fillmore Health Systems, Inc.

This case addresses the applicability of the Omnibus Workers’ Compensation Reform Act of 1996 to a third-party action. The plaintiff was injured in July 1996, prior to the Act’s effective date of September 10, 1996. However, the subsequent third-party lawsuit against the employer, Amherst Acoustical, Inc., was initiated in November 1997, after the Act became law. The court examined whether the accident date or the lawsuit commencement date should dictate the application of the new legislation. Relying on the Court of Appeals' clear directive in Majewski v Broadalbin-Perth Cent. School Dist., the court ruled that irrespective of the accident date, a prospective application of the law to actions filed after the effective date requires dismissal of the third-party claim.

Workers' CompensationThird-Party ClaimStatutory InterpretationLegislative IntentProspective ApplicationMajewski RuleDismissalNew York LawOmnibus Workers' Compensation Reform ActTort Law
References
1
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Showing 1-10 of 13,236 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