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. ADJ1441533 (VNO0549858)
Regular
Jun 15, 2010

DOMINGO RECIO vs. KERN MEDICAL CENTER, COUNTY OF KERN

The Workers' Compensation Appeals Board denied reconsideration of a prior decision regarding Domingo Recio's claim against Kern Medical Center. Although the Board acknowledged that the issue of laches was raised, it adopted the Workers' Compensation Judge's report, finding that the petitioner failed to meet their burden of proof on this issue. Therefore, the petition for reconsideration was denied.

DOMINGO RECIOKERN MEDICAL CENTERCOUNTY OF KERNADJ1441533VNO0549858ORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJlaches
References
0
Case No. ADJ8242446
Regular
May 14, 2013

DOMINGO LOYA vs. ALEJANDRO BURGOS, STATE FARM FIRE AND CASUALTY

This case concerns Domingo Loya's claim for workers' compensation after a fall while repairing a roof. The applicant contended he was an employee hired by the homeowner, Alejandro Burgos, whose wife operated a daycare on the property. The Administrative Law Judge (WCJ) and the Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding Loya excluded from coverage under Labor Code Section 3352(h). This exclusion applies because Loya worked fewer than 52 hours for the homeowner within the 90 days preceding his injury, and his work was deemed that of a handyman, not in the course of the homeowner's business.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeLabor Code Section 3352(h)HandymanDaycare FacilityStewart caseCourse of TradeBusiness PremisesBusiness Property
References
1
Case No. 2020 NY Slip Op 02154
Regular Panel Decision
Apr 02, 2020

Armental v. 401 Park Ave. S. Assoc., LLC

This case concerns an appeal from an order denying partial summary judgment to the plaintiff and granting summary judgment to defendants on various Labor Law and common-law negligence claims. Plaintiff Domingo Armental, Jr., sustained injuries from a fall caused by loose pipes at a construction site. The Appellate Division, First Department, partially modified the lower court's decision, reinstating Labor Law § 200 and common-law negligence claims against several defendants and certain Labor Law § 241 (6) claims, citing factual disputes regarding negligence and hazardous conditions. The court upheld the dismissal of the Labor Law § 240 (1) claim and affirmed the dismissal against Meringoff Properties, Inc.

Construction Site AccidentLabor LawIndustrial CodeSummary JudgmentCommon-Law NegligencePremises LiabilityDangerous ConditionTripping HazardAppellate ReviewContractual Indemnification
References
12
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
Case No. ADJ7332232
Regular
Jul 01, 2014

Domingo Mogo vs. Cardenas Markets Inc.

This case involves a lien claimant, True Scan Legal Copy Service, seeking reconsideration of defense counsel's Bill of Particulars for defense costs. The lien claimant objected to the reasonableness of the billed expenses, arguing they included costs incurred prior to the lien trial date. However, the Workers' Compensation Appeals Board dismissed the petition because a Bill of Particulars is not a final order subject to reconsideration. The Board noted that the lien claimant's petition should be treated as an objection to the trial judge's prior notice of intent to impose sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantBill of ParticularsDefense CostsWCJLabor Code Section 5813Title 8 California Code of Regulations 10561Final OrderSubstantive Rights
References
4
Case No. OAK 0277040
Regular
Sep 04, 2007

DOMINGO BERNAL vs. NEW UNITED MOTORS MANUFACTURING, INC.

This case concerns an employer's alleged serious and willful misconduct leading to an employee's injury. The Workers' Compensation Appeals Board reversed a prior finding, determining the applicant failed to prove the employer knew of a dangerous condition and disregarded the probable risk of serious injury. The Board found the applicant's evidence insufficient and contrary to employer testimony regarding complaints and the condition of the work area.

Serious and willful misconductLabor Code section 4553Petition for reconsiderationWorkers' Compensation Appeals BoardAdministrative law judgeIndustrial injuryBurden of proofNegligenceQuasi-criminal natureCredibility
References
0
Case No. ADJ9919185
Regular
Oct 09, 2019

DOMINGO JUAREZ vs. COOL ROOF SERVICE, STATE COMPENSATION INSURANCE FUND

This case concerns an interpreter's petition for sanctions against an insurance fund for delayed payment of an invoice. The Workers' Compensation Appeals Board granted reconsideration, finding the defendant's almost year-long delay in paying a $156.50 invoice and issuing irrelevant objections in its Explanation of Review constituted bad faith under Labor Code section 5813. The Board rescinded the previous order and returned the matter to the WCJ for further proceedings to determine appropriate sanctions for the defendant's actions.

Labor Code section 5813bad faithPetition for CostsPetition for Sanctionsinterpreter servicesExplanation of Review (EOR)60-day payment windowAdministrative Director Rule 9795.4unreasonable delaymeritless objection
References
0
Case No. OAK 277040
Regular
Dec 04, 2007

DOMINGO BERNAL vs. NEW UNITED MOTOR MANUFACTURING, INC., GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding its prior decision that the employer was not guilty of serious and willful misconduct. The applicant failed to prove that the employer knew of unsafe conditions and that serious injury was probable, despite the applicant's testimony of prior complaints and injuries. The Board found insufficient evidence to overturn the employer's witness testimony and corroborate the applicant's claims.

Serious and willful misconductWorkers' Compensation Appeals BoardPetition for ReconsiderationIndustrial injuryAutomobile assemblerLow back injuryPermanent disabilityFurther medical treatmentWitness testimonyCredibility determinations
References
4
Case No. ADJ8110632, ADJ8110825
Regular
Apr 26, 2019

DOMINGO HERNANDEZ vs. WMLS, INC., and TWIN CITY FIRE INSURANCE/THE HARTFORD, and SOUTHERN INSURANCE COMPANY, adjusted by MAKEL SERVICES, INC.

Defendant sought reconsideration of an award of future medical treatment for a 2010 back injury, arguing it was erroneous. The Workers' Compensation Appeals Board denied reconsideration, finding the award supported by evidence. Medical evaluations recommended continued home exercises, over-the-counter medication for the back, and cognitive behavioral therapy for the psyche. Labor Code section 4600 mandates provision of all treatment reasonably required to cure or relieve the effects of an industrial injury, which includes recommended conservative care.

Workers Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationPanel Qualified Medical EvaluatorPQMEPermanent DisabilityFurther Medical TreatmentLabor Code Section 4600Low Back InjuryPsyche Injury
References
2
Case No. ADJ1030732 (OXN 0137440) ADJ503798 (OXN 0137441) ADJ3788329 (OXN 0137713)
Regular
Jul 07, 2008

TERESITA C. DOMINGO vs. HONEYWELL, INC., ZURICH NORTH AMERICA, FINLAY FINE JEWELRY CO., CHUBB GROUP OF INSURANCE COMPANIES

This case involves applicant's counsel, Olive Richards, seeking attorney fees. The WCJ initially denied her petition for fees due to a lack of specific legal actions and a Bill of Particulars. While counsel has now filed a Bill of Particulars, the Board dismissed her Petition for Reconsideration as it was not taken from a final order. The Petition for Removal was also denied, as counsel failed to demonstrate substantial prejudice or irreparable harm, allowing the matter to return to the trial level for a ruling on fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAttorney FeesBill of ParticularsFinal OrderInterlocutory DecisionSubstantive RightWCJ Report and RecommendationApplicant Counsel
References
10
Showing 1-10 of 14 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