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
Jun 10, 2021

Matter of Gaylord v. Buffalo Transp., Inc.

Claimant Kevin Gaylord, a bus driver for Buffalo Transportation, Inc., sustained multiple injuries after being struck by a car. Buffalo Transportation had a personnel leasing agreement with Southeast Personnel Leasing, Inc. (SPLI), a professional employer organization, which procured a workers' compensation policy from State National Insurance Company, Inc. State National controverted Gaylord's claim, arguing he was not a covered worksite employee. The Workers' Compensation Board determined that SPLI was statutorily obligated to provide coverage and State National was the proper carrier. The Appellate Division, Third Department, affirmed, concluding that SPLI was a co-employer and the State National policy covered Gaylord, as it did not clearly exclude him.

Workers' CompensationProfessional Employer OrganizationPEOCo-employmentInsurance Coverage DisputeStatutory ObligationAppellate ReviewCarrier LiabilityLease AgreementBus Driver Injury
References
8
Case No. MISSING
Regular Panel Decision

Stark v. Rotterdam Square

Plaintiff James E. Stark, an employee of Monahan & Loughlin, Inc., suffered severe injuries from a 20-foot fall through a roof at Rotterdam Mall during HVAC installation, leading to a personal injury lawsuit against Rotterdam Square and McCreary Metals, Inc. This document details appeals concerning various summary judgment motions. The appellate court affirmed plaintiffs' summary judgment on liability against Rotterdam Square under Labor Law § 240 (1) and Rotterdam's contractual indemnity claim against Monahan & Loughlin, Inc. However, the court reversed the summary judgment against McCreary Metals, Inc., citing factual disputes over control of the work. The denial of Taxco, Inc. and Silver Bow Resources and Chemical Corporation's motion to renew was also affirmed.

Workers' CompensationConstruction AccidentRoof FallLabor LawSummary JudgmentIndemnificationContractual LiabilityThird-Party ActionAppellate ReviewWorkplace Safety
References
6
Case No. SFO 490742
Regular
Oct 22, 2007

Gaylord Starks vs. SAN FRANCISCO MUNICIPAL RAILWAY, Permissibly Self-Insured

This Workers' Compensation Appeals Board decision grants reconsideration and amends the prior award, deferring the issues of permanent disability rating and attorney fees. The Board determined that the 2005 Permanent Disability Rating Schedule, rather than the 1997 Schedule, should apply based on the applicant not reaching permanent and stationary status before January 1, 2005. All other aspects of the original decision, including temporary disability and apportionment, were affirmed.

Workers' Compensation Appeals BoardSan Francisco Municipal RailwayGaylord StarksTransit OperatorIndustrial InjuryLow BackTemporary Disability IndemnityPermanent Disability1997 Schedule2005 Schedule
References
4
Case No. MISSING
Regular Panel Decision
May 27, 1981

Claim of Gaylord v. Ronald Gaylord, Inc.

The Workers' Compensation Board found the claimant's cerebrovascular infarction and resulting left hemiplegia to be causally related to a bee sting incurred while preparing to install a bulk milk tank at a customer's farm. This determination was supported by the claimant's testimony, a witness, and four treating and examining physicians. The carrier's expert medical witness disputed the diagnosis, but the Board has the authority to resolve conflicts in medical opinions and determine their weight and credibility. The Board's decision is affirmed as it is supported by substantial evidence.

Workers' CompensationBee Sting InjuryCausationCerebrovascular InfarctionHemiplegiaMedical Opinion ConflictSubstantial EvidenceAppellate ReviewWork-Related InjuryBoard Decision
References
2
Case No. MISSING
Regular Panel Decision

People v. Starks

Defendant was convicted of grand larceny in the third degree and two counts of offering a false instrument for filing in the first degree, stemming from his failure to report workers' compensation benefits while receiving social services benefits. The appellate court first addressed the defendant's Batson challenge regarding a peremptorily excused black juror, affirming the lower court's finding that the prosecutor's explanation was race-neutral. Next, the court found legally sufficient evidence to support the grand larceny conviction, noting that the defendant's misrepresentations were material and resulted in an overpayment exceeding $3,000. Additionally, the court rejected claims of abridged confrontation rights, prosecutorial misconduct, and ineffective assistance of counsel. Finally, the judgment was modified to impose concurrent, rather than consecutive, sentences for the grand larceny and false instrument for filing convictions, and as modified, affirmed.

Grand LarcenyFalse Instrument for FilingSocial Services Benefits FraudWorkers' Compensation OverpaymentBatson ChallengeJuror Peremptory ChallengeSufficiency of EvidenceConfrontation Clause RightsProsecutorial MisconductIneffective Assistance of Counsel
References
23
Case No. MISSING
Regular Panel Decision
Feb 15, 1980

Claim of Stark v. Hoff Lithograph Co.

A bookkeeper and office manager, regularly taking work home due to her responsibilities, was mugged and seriously injured on her way home after working late at the office. She was carrying payroll schedules to complete at home. The Workers’ Compensation Board awarded benefits, finding she was on a special assignment. This decision was affirmed on appeal, concluding that her quasi-executive role and unilateral decision to work at home brought her efforts within the 'special assignment' rule, making her injuries compensable.

Special Assignment RuleWorkers' CompensationMuggingOff-Duty InjuryWork From HomeCompensable InjuryEmployment ScopeGoing and Coming Rule ExceptionNew YorkBookkeeper
References
2
Case No. MISSING
Regular Panel Decision

Claim of Gaylord v. Ichabod Crane Central School District

Claimant, a school bus driver, suffered muscle spasms and lower back pain attributed to her work, including lifting a nonambulatory child and enduring kicks from an autistic child. After seeking chiropractic and medical treatment, she was diagnosed with fibromyalgia and permanent disability. The Workers’ Compensation Board, however, only found a minor back strain that had resolved, largely relying on a medical expert who deemed the fibromyalgia a preexisting condition. The claimant appealed for a higher degree of disability, but the Appellate Division affirmed the Board's decision, finding substantial evidence to support the Board's conclusion that the fibromyalgia was not a causally related disability.

Workers' CompensationBack InjuryFibromyalgiaCausationMedical OpinionDisabilityAppellate ReviewPreexisting ConditionSubstantial EvidenceSchool Bus Driver
References
2
Case No. ADJ11145478
Regular
Mar 11, 2020

Belen Ramirez vs. SATE OF CLALIFORNIA, DEPARTMENT OF CORRECTIONS/HEMAN STARK YOUTH CORRECTIONAL FACILITY

The Appeals Board granted reconsideration of the WCJ's decision that the applicant failed to prove injury arising out of and in the course of employment (AOE/COE). The Board found that the Qualified Medical Examiner's (QME) reports and deposition testimony lacked substantial evidence due to inconsistencies regarding causation of the applicant's sarcoidosis and exposure to asbestos. Consequently, the Board rescinded the WCJ's order and returned the case for further development of the record. This further development should include clarifying the QME's opinions on causation and potentially obtaining a new medical evaluation if necessary.

SarcoidosisQualified Medical Examiner (QME)AOE/COESubstantial evidenceMedical opinionRecord developmentAsbestos exposurePulmonary medicineOccupational exposureEtiology
References
0
Case No. ADJ7087574
Regular
Nov 22, 2010

VJERA STARK vs. COUNTY OF BUTTE, Permissibly Self-Insured, YORK INSURANCE SERVICES GROUP, INC.

This case involves a workers' compensation claim for psychological and digestive injuries. The Board dismissed the employer's petition for reconsideration of an order for a replacement Qualified Medical Examiner (QME) as the order was not final. However, the Board granted removal and rescinded the order, finding the employer prejudiced by the determination that the original QME's report was irrevocably flawed. The matter was returned to the trial level for further development of the record regarding the adequacy of the QME's report and the compensability of psychiatric injury under Labor Code § 3208.3.

Workers' Compensation Appeals BoardReconsiderationRemovalQualified Medical ExaminerPQMESubstantial EvidenceIrrevocably FlawedLabor Code Section 3208.3Predominant CauseGood Faith Personnel Action
References
21
Case No. ADJ777044 (LBO 0354807) ADJ9094929
Regular
Mar 20, 2017

MICHAEL CUTLER vs. STIMPEL WIEGELHAUS, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the lien claimant's (RGW) petition for reconsideration of the administrative law judge's (WCJ) order dividing attorney fees. RGW argued it was denied due process and deserved a larger share of the fees due to its efforts. The Board found the WCJ did not abuse discretion, upholding the division of fees, with RGW receiving 30% and former counsel Gaylord & Nantais (G&N) receiving 70%. G&N represented the applicant for over 11 years and secured a significant award, while RGW finalized the compromise and release in less than three months by addressing a critical Medicare set-aside issue.

Attorneys' Fees DivisionPetition for ReconsiderationCompromise and ReleaseWorkers' Compensation Appeals BoardDue ProcessAdministrative Law JudgePermanent Total DisabilityMedicare Set-AsideStructured SettlementApportionment
References
2
Showing 1-10 of 13 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