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

Notaro v. Koch

The plaintiffs (James Notaro, George Longworth, and Pearse O’Callaghan), members of the Liberal Party, sued Edward Koch, Mayor of New York City and a gubernatorial candidate, alleging violations of their First Amendment rights. They claimed Koch threatened to fire Liberal Party members from state payroll if elected Governor and sought a permanent injunction under 42 U.S.C. § 1983. The plaintiffs filed a motion for expedited discovery to depose Koch within 30 days. The court denied this motion, finding the plaintiffs failed to demonstrate irreparable injury, a strong probability of success on the merits, a connection between expedited discovery and avoiding injury, or that their potential injury outweighed the defendant's burden. The court also noted weaknesses in their legal arguments, including prematurity and lack of state action, but denied the motion without prejudice, allowing them to refile with a stronger case.

Political AffiliationFirst Amendment RightsFreedom of SpeechExpedited DiscoveryCivil RightsIrreparable InjuryPreliminary InjunctionFederal Rules of Civil Procedure 30(a)Constitutional LawGubernatorial Election
References
7
Case No. ADJ7715131
Regular
Jun 28, 2017

CHRISTINE CHAVEZ vs. YOUNG'S MARKET COMPANY, LLC, CANNON COCHRAN MANAGEMENT SERVICES, INC.

In this workers' compensation case, the defendant sought removal of an order staying discovery pending a Mandatory Settlement Conference (MSC). The defendant argued the stay caused irreparable harm, preventing them from discovering the impact of the applicant's recent back surgery. The Appeals Board granted removal, agreeing that the premature closure of discovery would cause prejudice. They returned the case to the trial level to expedite an MSC for a proper determination on additional discovery.

Petition for RemovalMandatory Settlement Conferencesubstantial prejudiceirreparable harmadditional discoverylabor code section 5502(d)(3)lumbar spinecumulative trauma injuryvocational rehabilitation evaluationagreed medical evaluator
References
1
Case No. 2016 NY Slip Op 02787 [138 AD3d 797]
Regular Panel Decision
Apr 13, 2016

Mileski v. MSC Indus. Direct Co., Inc.

Drena Mileski, as administratrix of Ronald P. Mileski's estate, initiated a wrongful death action following Ronald's death from injuries sustained operating a lathe machine. The plaintiff sought to amend the complaint to include Burns Real Estate, LLC, Nijon Tool Co., Inc., Island Machine Supply Corp., and John Raymond Burns as additional defendants, relying on the relation-back doctrine. The Supreme Court granted this amendment. However, the Appellate Division reversed, ruling that the relation-back doctrine was inapplicable. The court reasoned that if the new defendants were united in interest with the employer, they would share the employer's immunity under the Workers' Compensation Law, rendering the claims time-barred.

Wrongful DeathLathe AccidentRelation-Back DoctrineStatute of LimitationsAmended ComplaintVicarious LiabilityWorkers' Compensation ImmunityAppellate ProcedureTimeliness of AppealUnity of Interest
References
12
Case No. ADJ16458244
Regular
Jul 07, 2025

LAVERNE RIVERA vs. CRST EXPEDITED INC., COTTINGHAM BUTLER CLAIM SERVICES

Applicant Laverne Rivera, a truck driver, sustained an industrial injury to her face, head, and cervical spine. The WCJ issued a Findings and Award on April 2, 2025, finding in favor of Rivera for temporary disability benefits and further medical treatment. Defendant CRST Expedited Inc. sought reconsideration, challenging the findings on cervical spine injury, average weekly wage, and the validity of the QME process. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the WCJ's decision based on substantial medical evidence and concluding that defendant waived certain arguments.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtruck drivercervical spine injuryaverage weekly wagetemporary disability benefitspanel QMEsubstantial medical evidenceearning capacity
References
17
Case No. ADJ3466637
Regular
May 11, 2011

FRANK PONCE vs. OVERNIGHT TRANSPORTATION CO., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal due to improper service of the applicant's Declaration of Readiness to Proceed (DOR) and lack of notice regarding issues raised at an expedited hearing. The Board rescinded the order requiring witness appearances at the July 7, 2011 trial. The case is returned to the trial level to be set for a Mandatory Settlement Conference (MSC) before the scheduled trial.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement Conferenceexpedited hearingwitness appearanceService of ProcessWorkers' Compensation Appeals BoardWCJIndustrial InjuryFuture Medical Treatment
References
0
Case No. ADJ4552593 (MON 0258406)
Regular
Mar 26, 2012

KIMBERLY DENOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA on behalf of FREMONT INSURANCE COMPANY in liquidation, as administered by CAMBRIDGE INTERGRATED SERVICES

This case concerns an applicant's due process claim regarding the denial of an expedited hearing for temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the administrative law judge (WCJ) improperly removed the issue from the expedited hearing track. The WCAB held that the need for record development on permanent disability did not preclude an expedited hearing for temporary disability, which had been pending for over ten years. The Board rescinded the WCJ's order and returned the case for an expedited hearing.

Petition for RemovalExpedited HearingTemporary Disability IndemnityWCABWCJPWCJDue ProcessLabor Code Section 5502(b)Rule 10252(c)Permanent Disability
References
0
Case No. ADJ11235958
Regular
Jul 25, 2018

Scot Turknette vs. COUNTY OF SAN BERNARDINO

The Appeals Board granted removal of this workers' compensation case, rescinding the expedited hearing's cancellation. The applicant, a potential firefighter, sought an expedited hearing on entitlement to Labor Code section 4850 salary continuation benefits, which would provide full salary for up to one year, exceeding temporary and permanent disability payments. The Board found that denial of an expedited hearing for these benefits, which are paid in lieu of temporary disability, would cause significant prejudice and harm. The case is remanded for an expedited hearing on the applicant's section 4850 benefit claim.

Labor Code section 4850salary continuation benefitsfirefighter classificationexpedited hearingPetition for Removalsignificant prejudiceirreparable harmtemporary disability indemnityPresiding WCJMMI status
References
3
Case No. ADJ4313424 (SJO 0269593)
Regular
Jul 13, 2011

SUSAN GRACE vs. SANTA CLARA COUNTY HEALTH, COUNTY OF SANTA CLARA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that allowed the applicant to obtain expert evidence on the "Ogilvie" issue after the mandatory settlement conference (MSC). The Board found the applicant failed to demonstrate due diligence in identifying and retaining an expert witness for this issue prior to the MSC. Consequently, discovery was closed as of the MSC date, and the case was returned to the trial level for further proceedings.

Ogilvie evidenceGrupe casePetition for RemovalMandatory Settlement ConferenceLabor Code section 5502(e)(3)due diligencePermanent Disability Rating ScheduleDREC adjustment factorWCJAppeals Board
References
2
Case No. ADJ7071120
Regular
Jul 07, 2010

CARRIE JOHNSON vs. FEDERAL EXPRESS CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Federal Express sought removal of an order allowing applicant further discovery beyond the mandatory settlement conference (MSC). The Appeals Board granted removal, finding the applicant lacked due diligence in pursuing discovery before the MSC. Applicant's failure to object to the defendant's Declaration of Readiness to Proceed further waived any objections to proceeding on the existing record. Consequently, the WCAB rescinded the MSC order and returned the case to the trial level with discovery closed.

Petition for removalMandatory settlement conferenceOrder off calendarDue diligenceQualified Medical EvaluatorDiscovery closureDeclaration of Readiness to ProceedWaiver of objectionsPermanent disabilityIndustrial injury
References
1
Case No. ADJ7523380
Regular
Jul 17, 2015

SALVADOR ULLOA vs. PRAXAIR, INC.

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order taking the case off the expedited hearing calendar. The Board found that a dispute over medical treatment for a serious injury, despite a disputed psychiatric component, warrants expedited review. While a complexity may necessitate redesignation as a Mandatory Settlement Conference, the OTOC itself caused substantial prejudice due to delays in crucial psychiatric treatment. The matter is returned to the WCJ to be reset on the expedited hearing calendar.

RemovalOrder Taking Off CalendarExpedited HearingMandatory Settlement ConferenceDisputed Body PartMedical TreatmentPsychiatric ConditionSerious InjuryUpper ExtremitiesAOE/COE Dispute
References
2
Showing 1-10 of 173 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