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

Bette & Cring, LLC v. Brandle Meadows, LLC

Petitioner, a construction manager, sought to compel respondent to provide a verified statement regarding trust funds for a construction project under Lien Law article 3-A, claiming the initial statement was deficient. The Supreme Court dismissed the petition, citing referral of the main contractual dispute to arbitration. On appeal, the court ruled that the arbitration did not negate the respondent's obligation to provide a compliant verified statement. The court found respondent's provided statement insufficient across multiple categories required by Lien Law § 75 (3). Consequently, the appeal court reversed the Supreme Court's order, denied respondent's motion to dismiss the appeal, granted the petition, and directed the respondent to furnish a compliant verified statement.

Lien LawVerified StatementConstruction ManagerTrust FundsArbitrationAppellate ReviewStatutory TrustReal Property ImprovementTrust BeneficiaryCompliance Deficiency
References
12
Case No. MISSING
Regular Panel Decision

Romaine v. Cuevas

Petitioner filed an improper practice charge against the New York City Transit Authority (NYCTA) with the Public Employment Relations Board (PERB), alleging that Level I supervisors were performing work previously exclusive to Level II supervisors, specifically zone supervision, booth audits, and investigations. An Administrative Law Judge (ALJ) initially found a violation for zone supervision but not for the other tasks. PERB subsequently reversed the ALJ's decision regarding zone supervision, concluding that the petitioner failed to establish exclusivity. The petitioner then commenced a CPLR article 78 proceeding to annul PERB's determination. The court, reviewing PERB's decision for substantial evidence, found that the petitioner did not meet its burden of demonstrating exclusivity for any of the disputed tasks due to significant overlap in supervisor duties. Consequently, PERB's determination dismissing the improper practice charge was confirmed.

improper practicepublic sector laborsupervisory rolesjob dutiesexclusivityCPLR article 78PERBNYCTACivil Service Lawzone supervision
References
7
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. ADJ6946022
Regular
Jun 19, 2014

ROMAN RODRIGUEZ vs. THE MILLARD GROUP, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in this case. The denial was primarily based on the petition being improperly verified, a violation of Labor Code section 5902. Additionally, the petition included numerous unauthorized attachments contrary to Appeals Board Rule 10842. Even if the petition had been properly filed, it would have been denied on its merits.

Petition for ReconsiderationImproperly VerifiedLabor Code section 5902Appeals Board Rule 10842Deny on the meritsAdministrative law judgeWorkers' Compensation Appeals BoardDismissalSedgwick Claims Management ServicesNational Union Fire Insurance Company
References
3
Case No. ADJ9670435
Regular
Mar 05, 2018

ERNESTO MORENO vs. WU-SUN CHIA dba WEST CREEK APARTMENTS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration/removal. The petition was dismissed due to a defective verification and a lack of proper service on the applicant's attorney. The WCAB also noted that the order approving the Compromise and Release was a final order, rendering removal improper. The defendant's counsel was admonished for repeatedly failing to properly verify filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseUninsured Employers Benefit Trust FundWCJVerification defectProof of serviceFinal orderLab. Code
References
0
Case No. MON 0267400
Regular
Aug 09, 2007

JOSE VAZQUEZ vs. INTERNATIONAL MEDICATION SYSTEMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By CAMBRIDGE INTEGRATED SERVICES For FREMONT INSURANCE, In Liquidation

The Workers' Compensation Appeals Board dismissed CIGA's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. CIGA sought reconsideration of a decision allowing a lien claim balance, arguing the amount was excessive based on the lien claimant's usual billing practices. The Board also noted CIGA improperly attached existing record exhibits to its petition.

CIGAPetition for ReconsiderationDismissalVerificationLabor Code Section 5902Lien ClaimCompromise and ReleaseExpert WitnessUsual and Customary ChargesBoard Rule 10842
References
2
Case No. ADJ1160669 (VNO 0449176) ADJ1286605 (VNO 0449172) ADJ3447679 (VNO 0449169) ADJ3802766 (VNO 0449166) ADJ4061917 (VNO 0449171)
Regular
Jul 15, 2014

LAURO GUERRERO vs. UNIVERSAL ALLOY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves a Petition for Reconsideration that was dismissed by the Workers' Compensation Appeals Board. The Board adopted the findings of the administrative law judge, stating the petition was improper because it was not taken from a final order and the hearing had been canceled. Furthermore, the petition was dismissed as it was not verified, violating Labor Code section 5902. The Board admonished the lien claimant's attorney for the filing, noting potential sanctions for wasting judicial resources.

Petition for ReconsiderationFinal OrderWorkers' Compensation Appeals BoardDismissalWCJ ReportAdmonishmentLien ClaimantSanctionsUnverified PetitionJurisdictional Requirements
References
0
Case No. ADJ673354 (ANA 0365640)
Regular
Oct 22, 2013

HECTOR PASILLAS vs. JP GERGEN CONSTRUCTION, MIDCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) imposed sanctions of $1,500 on a lien claimant and its representatives for filing an untimely and unjustified Petition for Reconsideration. The Petition contained material misrepresentations, lacked merit, and was improperly verified. The WCAB also awarded the defendant $1,650 in attorney's fees and costs. The lien claimant's untimely and insufficient response did not provide good cause to avoid sanctions. Jurisdiction was returned to the trial level after the sanctions were ordered.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingSanctionsLegal Service BureauBack Pain Chiropractic CenterDr. HewkoMisrepresentationWithout MeritDefective Verification
References
0
Case No. ADJ2644699
Regular
Feb 07, 2013

RIGOBERTO ITURBIDE vs. WOLFE & KINSLER, PACIFIC COAST LABOR, STATE COMPENSATION INSURANCE FUND

This case involves a sanction imposed on a lien claimant for failing to appear at a lien conference and not timely raising lack of notice. The Appeals Board initially intended to sanction the claimant up to $1,500 but rescinded that order after reviewing the claimant's response. While acknowledging a verified petition was filed, the Board denied reconsideration, finding the claimant's arguments untimely and the petition frivolous, ultimately imposing a $250 sanction for wasted time and resources. The Board also admonished the claimant for improper service.

RemovalSanctionLien conferencePetition for ReconsiderationNotice of IntentionDismiss LienGood CauseVerificationProof of ServiceEAMS
References
3
Case No. ADJ4332905
Regular
Nov 19, 2015

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) dismissed California Physicians Network's (CPN) petition for reconsideration because it was untimely, improperly challenged an interim order, and was neither signed nor properly verified. The WCAB also granted removal on its own motion to issue a notice of intention to impose a $2,500 joint and several sanction against CPN and Dennise Mejia for frivolous actions. This stems from CPN's failure to appear at a lien conference and subsequent procedural missteps. Notably, CPN and Mejia have a history of similar sanctionable conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantDismissalSanctionsLabor Code section 4907Labor Code section 5813Appeals Board Rule 10561Failure to AppearNotice of Intent to Dismiss
References
20
Showing 1-10 of 2,213 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