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

In re Evelyn B.

The petitioner initiated proceedings to terminate the parental rights of the respondent, mother of Evelyn B., alleging mental illness or retardation after Evelyn B. was adjudicated neglected. The Family Court, Clinton County, terminated parental rights, relying on testimony from a court-appointed clinical psychologist who diagnosed the respondent with an untreatable learning disorder and mixed personality disorder, rendering her unable to provide proper care. The respondent appealed, presenting testimony from her treating therapist suggesting potential improvement. The appellate court affirmed the Family Court's decision, finding clear and convincing evidence supporting the termination due to the respondent's mental illness and upholding the Family Court's discretion in crediting the court-appointed psychologist over the respondent's therapist, whose expert qualification was also appropriately denied.

Parental Rights TerminationMental IllnessChild NeglectFamily LawAppellate ReviewClinical PsychologyForensic EvaluationPersonality DisorderLearning DisorderExpert Witness Credibility
References
6
Case No. ADJ8061002
Regular
Oct 29, 2014

EVELYN MENCOS vs. JC PENNEY CORPORATION, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

In *Mencos v. JC Penney Corporation*, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a decision awarding the applicant temporary and permanent disability for a low back injury. The Board affirmed the finding that the employer was not prejudiced by the applicant's delayed reporting of the injury. However, the WCAB deferred the issue of reimbursement for self-procured medical treatment in Guatemala pending further record development regarding reasonableness and necessity, and proof of out-of-pocket expenses. The Board also amended the award to correct clerical errors regarding the date of injury and the insurer's name.

Workers' Compensation Appeals BoardEvelyn MencosJC Penney CorporationNational Union Fire Insurance CompanyPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjurySupervisorTemporary Disability
References
0
Case No. ADJ8061002
Regular
Nov 18, 2013

EVELYN MENCOS vs. JC PENNEY CORPORATION, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA, SEDGWICK CMS

In *Mencos v. JC Penney Corporation, Inc.*, the defendant petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition, finding it necessary to further study the factual and legal issues. This grants the defendant an opportunity for a more thorough review of the case record. All future communications must be filed in writing with the Commissioners' office in San Francisco and not through electronic filing or district offices.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionEvelyn MencosJC Penney CorporationNational Union Fire Insurance CompanySedgwick CMSADJ8061002Marina del ReyAugust 30 2013
References
0
Case No. 2019 NY Slip Op 00629 [168 AD3d 1112]
Regular Panel Decision
Jan 30, 2019

Ramos-Perez v. Evelyn USA, LLC

Felipe Ramos-Perez was injured while unloading flooring materials from a truck at a construction site. A hydraulic lift was used to lower heavy pallets, one of which fell and struck the plaintiff. Ramos-Perez commenced an action alleging a violation of Labor Law § 240 (1) against the property owners, Robert Soha Retail, LLC, and Soha Retail Equities, LLC (the Soha defendants). The Supreme Court initially granted the Soha defendants' motion for summary judgment and denied Ramos-Perez's cross-motion for summary judgment on liability. The Appellate Division, Second Department, reversed this decision, finding that the plaintiff established a prima facie violation of Labor Law § 240 (1) due to the failure to provide an appropriate safety device, which was the proximate cause of the injury. Therefore, the Appellate Division denied the Soha defendants' motion and granted the plaintiff's cross-motion for summary judgment on liability.

construction accidentpersonal injuryLabor Lawsummary judgmentliabilityhydraulic liftfalling objectproximate causesafety deviceAppellate Division
References
7
Case No. ADJ16130330
Regular
Apr 11, 2025

EVELYN PEREZ vs. ANTELOPE VALLEY HOSPITAL, ATHENS ADMINISTRATORS

The defendant sought reconsideration of a prior decision regarding the date of injury for applicant Evelyn Perez. The Appeals Board found that while the parties were not properly notified of the case's transmission, this did not affect the Board's timely action. The defendant contended an earlier date of injury based on medical records. However, the Board determined there was insufficient evidence that the applicant knew or should have known her disability was industrially caused before May 24, 2022, when Dr. Mooney reported cumulative trauma and disability. Consequently, the Petition for Reconsideration was denied.

Labor Code section 5412date of injurycumulative injurydisabilityknowledge of employment causationorthopedic complaintsregistered nursetransmission of casePetition for ReconsiderationWorkers' Compensation Appeals Board
References
8
Case No. ADJ1566453 (AHM 0145804)
Regular
Nov 16, 2017

EVELYN SOLIS vs. CHILDREN'S DENTAL GROUP, NATIONAL LIABILITY & FIRE INSURANCE COMPANY

In Evelyn Solis v. Children's Dental Group, the Workers' Compensation Appeals Board granted reconsideration and amended the original Findings and Orders. The Board deferred specific issues concerning a lien claimant's claim and compliance with Rule 9982. The case is returned to the Workers' Compensation Judge for further proceedings on these deferred matters. The applicant's injury to her right wrist, hand, and shoulder was affirmed, but not to her cervical spine.

Workers' Compensation Appeals BoardEvelyn SolisChildren's Dental GroupNational Liability & Fire Insurance CompanyBerkshire Hathaway Homestate CompaniesCompromise and ReleaseLien TrialPetition for ReconsiderationFindings and OrdersMed-Legal LLC
References
1
Case No. ADJ2557776 (SFO 0390012)
Regular
Sep 09, 2013

EVELYN COTTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves an untimely Petition for Reconsideration filed by applicant Evelyn Cotton regarding a March 14, 2013 Supplemental Findings and Award. The original award addressed industrial injuries to the neck, right shoulder, and hand, resulting in 41% permanent disability, and a subsequent reopening found new and further disability of 82% after apportionment. The Workers' Compensation Appeals Board dismissed the petition because it was filed well after the statutory 20-day deadline following service of the award by mail. Even the earliest date on the petition itself was past the filing deadline.

Supplemental Findings and AwardPetition for ReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentChemical InjuryTimelinessLabor CodeWCJ
References
5
Case No. MISSING
Regular Panel Decision

Blue v. Koren

Evelyn Blue, operating New Paltz Nursing Home, sued New York State Department of Health employees under 42 U.S.C. § 1983, alleging violations of her Fourth, Fifth, and Fourteenth Amendment rights. These claims arose from intensive regulatory surveys, which Blue contended were retaliatory after a successful administrative challenge regarding a tube-feeding method. Defendants moved for summary judgment, citing qualified immunity and failure to state a claim. The District Court granted summary judgment on the substantive due process claim but denied it for procedural due process, Fourth Amendment, and retaliation claims, finding unresolved issues of material fact regarding the scope and intent of the defendants' actions. The case will proceed to trial on the remaining claims.

Constitutional RightsQualified ImmunityRetaliatory ActionAdministrative LawHealthcare RegulationNursing HomeDue ProcessFourth AmendmentCivil Rights ActFederal Courts
References
29
Case No. ADJ1150041
Regular
Jul 21, 2009

JAMES CARTER (Deceased) and EVELYN CARTER (Widow) vs. SUBURBAN STEEL INC., FRESNO FAB TECH., REM, CIGA for SUPERIOR NATIONAL INSURANCE COMPANY

The applicant, Evelyn Carter, filed an untimely and unverified petition seeking to disqualify Administrative Law Judge Abel Shapiro due to alleged discrimination and bias. The Board denied the petition, finding no evidence of bias in the record, despite the applicant's claims and procedural deficiencies. Although the petition was denied, the Judge has recused himself, and the case will be reassigned to a new judge for further proceedings. The Board also recommended an Information and Assistance Officer be present for the applicant.

Workers Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeUntimely PetitionUnverified PetitionDiscrimination ClaimBias ClaimLabor Code Section 5701Medical-Legal EvaluationCode of Civil Procedure Section 641
References
0
Case No. ADJ4406352
Regular
Jun 14, 2013

JOCELYN SWAIN vs. JAMES O. GREEN, EVELYN GREEN

The Workers' Compensation Appeals Board granted reconsideration to clarify attorneys' fees. The Board affirmed the administrative law judge's findings on temporary and permanent disability, but amended the award. Attorneys' fees awarded under Labor Code section 4555 are payable in addition to the applicant's recovery when the employer fails to secure insurance. However, if the Uninsured Employers Benefit Trust Fund pays the benefits, attorneys' fees are payable out of the applicant's recovery.

Workers Compensation Appeals BoardIndustrial InjuryTemporary DisabilityPermanent DisabilitySchedule for Rating Permanent DisabilitiesLabor Code Section 4555Attorneys' FeesUninsured Employers Benefit Trust FundReconsiderationFindings and Award
References
0
Showing 1-10 of 32 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