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
Jul 21, 2008

Bovis v. Crab Meadow Enterprises, Ltd.

Plaintiff Gianni Bovis, injured in a scaffold fall while working for subcontractor Picone Energy Systems, sued general contractors Crab Meadow Enterprises, Ltd., D. Kummer Construction Co., and Kummer Construction Co. (collectively, the Crab Meadow defendants). The Crab Meadow defendants initiated a third-party action against Picone for indemnification and contribution, and against their insurer, Sirius America Insurance Co., for defense and indemnification. Picone and Sirius moved for summary judgment to dismiss the third-party claims, but their motions were denied by the Supreme Court. On appeal, an earlier order dated January 18, 2008, was dismissed as superseded by a July 21, 2008, order made upon reargument. The appellate court affirmed the July 21, 2008, order, finding that Picone failed to establish it lacked an indemnification agreement with the Crab Meadow defendants, and Sirius failed to prove there was no possible basis for indemnifying the Crab Meadow defendants.

Personal InjuryScaffold FallConstruction AccidentIndemnificationContributionSummary JudgmentWorkers' Compensation LawLabor LawInsurance CoverageDuty to Defend
References
8
Case No. ADJ8730224
Regular
Dec 15, 2016

SERGIO BERMUDEZ vs. CERRITOS AUTO REPAIR CENTER, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tri County Medical Group's (TCMG) petition for reconsideration of a finding that its lien claim was barred by the 18-month limitation in Labor Code section 4903.5(a). The Board majority held that because TCMG's last date of service was January 29, 2015, after the July 1, 2013 effective date for the shorter period, the 18-month limit applied. TCMG's lien was filed over 18 months after this last date of service and was therefore untimely. A dissenting commissioner argued that for continuously provided services crossing the July 1, 2013 date, the three-year limit should apply to avoid requiring multiple lien filings.

Labor Code Section 4903.5(a)lien claim18-month limitation periodthree-year limitation perioddate services were providedlast date of servicecontinuously provided servicespetition for reconsiderationdenial of lienWCJ report
References
19
Case No. ADJ9825294 ADJ8708979
Regular
Feb 21, 2017

JOSUE CASTILLO vs. FG PROPERTY MANAGEMENT, INC., TRUCK INSURANCE EXCHANGE/FARMERS

The Workers' Compensation Appeals Board denied reconsideration of a decision barring a lien claim by Tri-County Medical Group. The WCAB found that the lien for services rendered between January 9, 2013, and July/August 2014 was untimely filed more than 18 months after the last date of service, per Labor Code section 4903.5(a). Despite the lien claimant's argument that services began before July 1, 2013, triggering a three-year statute of limitations, the WCAB applied the 18-month limit based on the last date of service being after July 1, 2013. The WCAB upheld prior precedent finding this interpretation reasonable and rejected the unconstitutional vagueness argument.

Labor Code § 4903.5(a)Lien ClaimStatute of LimitationsPetition for ReconsiderationWorkers' Compensation Appeals BoardContinuous TreatmentDate of Service18-Month Period3-Year PeriodUnconstitutionally Vague
References
8
Case No. ADJ6659926 ADJ6659223
Regular
Jan 06, 2012

MICHELLE JIMENEZ vs. DENCO SALES COMPANY, ACE PROPERTY AND CASUALTY COMPANY, ARGONAUT INSURANCE COMPANY

This case concerns applicant Michelle Jimenez's claim for additional temporary disability benefits for lumbar spine injuries sustained from a specific injury in July 2007 and a cumulative trauma injury ending in July 2008. The Appeals Board found that while the 2007 injury's temporary disability indemnity limit under Labor Code section 4656(c)(1) expired in August 2009, the applicant is entitled to remaining temporary disability under section 4656(c)(2) for the 2008 cumulative trauma injury. Because the applicant had only received 69 weeks of temporary disability for the cumulative trauma injury and is entitled to 104 weeks within five years of the injury date, she is awarded an additional 35 weeks of temporary disability indemnity prior to July 17, 2013.

Labor Code section 4656temporary disability indemnityaggregate disability paymentscompensable weeksperiod of two yearsperiod of five yearsdate of commencementdate of injurycumulative trauma injuryspecific injury
References
4
Case No. ADJ4035339
Regular
Sep 15, 2008

MARIA WILLIAMSON vs. AVEX, INC., STATE COMPENSATION INSURANCE FUND

Reconsideration granted; decision of July 11, 2008, as amended July 31, 2008, affirmed except award amended to reflect payment to applicant from Avex, Inc., not SCIF.

Workers' Compensation Appeals BoardMaria WilliamsonAvex Inc.State Compensation Insurance FundADJ4035339OXN 0146913Opinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ
References
0
Case No. ADJ1210556 (AGO 0018589)
Regular
Oct 10, 2008

EDWIN MILLER vs. KEEBLER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and granted reconsideration of the WCJ's prior decisions regarding medical mileage and penalties. The Board found the WCJ failed to properly consider statutory factors in determining a "reasonable geographic area" for the applicant's medical treatment. Consequently, the WCAB rescinded the WCJ's decisions and returned the case to the trial level for further proceedings and a new decision addressing all outstanding issues, including the definition of a reasonable geographic area for treatment.

WCABPetition for RemovalPetition for ReconsiderationMedical MileageReasonable Geographic AreaLabor Code Section 4600Administrative Director Rule 9780(h)WCJBoltonRamirez
References
2
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. ADJ8799770
Regular
Sep 24, 2014

RICHARD RICARDY vs. PACIFIC GAS & ELECTRIC COMPANY

The applicant, Richard Ricardy, had filed a Petition for Reconsideration of a decision issued on July 18, 2014. The petitioner, likely the applicant or their representative, has subsequently withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the Petition for Reconsideration. This order effectively finalizes the July 18, 2014 decision as there is no longer an active request for review.

Petition for Reconsideration withdrawnOrder of DismissalWorkers' Compensation Appeals BoardPermissibly Self-InsuredADJ8799770Redding District OfficeJuly 18 2014 decisionMarguerite SweeneyDeidra E. LoweSan Francisco filing
References
0
Case No. ADJ476925, ADJ2247284, ADJ3324647, ADJ236582, ADJ2374280, ADJ648207
Regular
Sep 26, 2008

IRMA GUERECA vs. LSG SKY CHEFS, LIBERTY MUTUAL INSURANCE

Reconsideration granted; rescinding WCJ's July 18, 2008 decision; matter returned for further proceedings and new decision. Insufficient evidence to determine if employer provided required MPN notice.

MPNMedical Provider NetworkNotice requirementsLabor Code sections8 Cal. Code RegulationsKnight v. United Parcel Serviceemployer's burden of proofreasonable medical treatmentself-procured treatmenttimeliness of notice
References
1
Showing 1-10 of 1,731 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