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

B.T. v. D.M.

The petitioner, B.T., sought to extend an order of protection against her husband, respondent D.M., and alleged a violation of a previous order. D.M. counter-petitioned for visitation with their child. The court denied B.T.'s violation petition, finding insufficient evidence that D.M. orchestrated his older son's actions. However, B.T.'s request to extend the order of protection was granted for two additional years, citing D.M.'s history of severe domestic violence against B.T. (witnessed by the child) and continued harassment including stalking and threatening phone calls even after the initial order. D.M.'s petition for visitation was denied based on the child's best interests; a forensic evaluator reported the child suffered trauma from witnessing the violence and opposed visitation, noting forcing visits could worsen the child's high anxiety and fearfulness. The court found D.M.'s testimony not credible and supported the forensic evaluator's assessment.

Domestic ViolenceOrder of ProtectionChild VisitationChild CustodyForensic PsychologyChild TraumaParental BehaviorBest Interests of the ChildHarassmentStalking
References
3
Case No. MISSING
Regular Panel Decision

Coyne Electrical Contractors, Inc. v. United States (In Re Coyne Electrical Contractors, Inc.)

This case addresses whether a New York Lien Law "trust fund" beneficiary’s claim to priority payment under Lien Law Section 71(2)(d) is preempted by ERISA. The applicant, The Joint Industry Board of the Electrical Industry and its Participating Funds (JIB), sought priority payment from funds held by the debtor, asserting a claim for unpaid benefits. The defendant, A-J Contracting, Inc. (A-J), challenged this, arguing ERISA preemption, specifically that the Lien Law provided an "alternative enforcement mechanism" forbidden by ERISA. The court reviewed federal preemption doctrine and ERISA's objectives, ultimately concluding that Section 71(2)(d) does not create such a mechanism as it confirms existing employer liability rather than shifting it. Therefore, the court found that ERISA does not preempt JIB's assertion of priority rights under Lien Law Section 71(2)(d).

ERISA preemptionLien Law trust fundpriority disputeunpaid employee benefitsbankruptcy estatedebtor liabilityconstruction subcontractsfederal supremacystatutory interpretationcollective bargaining agreement
References
29
Case No. 2024 NY Slip Op 01775 [226 AD3d 403]
Regular Panel Decision
Apr 02, 2024

Matter of D.B. (Larry B.)

The Appellate Division, First Department, affirmed the Family Court's finding that the respondent father, Larry B., neglected his child, D.B. The neglect was based on the father's verbal abuse, harsh behavior, and failure to address the child's serious emotional and psychological needs, including minimizing suicidal ideation and impeding medical and mental health treatment after the child's psychiatric hospitalization. The court found that a preponderance of the evidence supported the neglect finding, corroborated by the father's own testimony and a Child Protective Specialist's report, and upheld the Family Court's credibility determinations.

Child NeglectParental AbuseEmotional TraumaSuicidal IdeationMental Health TreatmentFamily Court ActAppellate ReviewCredibility AssessmentCorroboration of StatementsParental Responsibility
References
9
Case No. ADJ11328275
Regular
Dec 10, 2018

DENISE DOYLE vs. TECH MAHINDRA (AMERICAS) INC., ALLMERICA FINANCIAL BENEFIT INSURANCE COMPANY, HANOVER INSURANCE GROUP

The defendant sought reconsideration of an order allowing the applicant to consult a second physician within the employer's Medical Provider Network (MPN). The defendant argued that the MPN physician's release from care was not a dispute over diagnosis or treatment, and Labor Code sections 4061 and 4062, requiring medical-legal evaluations, applied instead. The Appeals Board dismissed the petition, finding it was not taken from a final order as it did not determine substantive rights or liabilities. The Board also noted that even if considered on its merits, the petition would be denied because Labor Code Section 4616.3 and Administrative Director Rule 9785(b)(3) allow an employee to seek a second opinion within the MPN when disputing a release from care.

Workers' Compensation Appeals BoardPetition for ReconsiderationMedical Provider NetworkMPNLabor Code Section 4616.3Second Physician ConsultMedical-Legal EvaluationFinal OrderSubstantive Right or LiabilityThreshold Issue
References
4
Case No. ADJ10886261
Regular
Nov 14, 2018

LUIS SANDOVAL vs. PRIME TECH CABINETS, INC, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinded the WCJ's prior order, and returned the case for further proceedings. The original order found violations of Labor Code section 4062.3(b) and California Code of Regulations, title 8, section 35(c), striking the Qualified Medical Evaluator's report. This reversal was based on a subsequent en banc decision in *Suon v. California Dairies* that clarified the interpretation and remedies for violations of section 4062.3(b). The trial judge will reconsider the section 4062.3(b) issue and potentially other previously raised issues concerning the QME's reporting.

Petition for RemovalFindings and OrderQualified Medical EvaluatorMedical ReportingLabor Code section 4062.3(b)California Code of Regulations section 35(c)En Banc DecisionSuon v. California DairiesRescindedReturned to Trial Level
References
1
Case No. 12 Civ. 3763(AJN)
Regular Panel Decision

R.B. v. New York City Department of Education

Plaintiffs R.B. and M.L.B., parents of D.B., brought an action against the New York City Department of Education (DOE) seeking judicial review of an administrative decision. The State Review Officer (SRO) had previously affirmed an Impartial Hearing Officer's (IHO) decision, which found D.B.'s Individualized Education Plan (IEP) sufficient under the Individuals with Disabilities Education Act (IDEA). The parents sought tuition reimbursement for D.B.'s enrollment in a private school, challenging the IEP's procedural and substantive adequacy and the appropriateness of the DOE's assigned school placement. The District Court granted the Defendant's motion for summary judgment and denied the Plaintiffs' motion, concluding that the IEP was both procedurally and substantively adequate and the assigned school appropriate, thereby denying tuition reimbursement.

Education LawIndividuals with Disabilities Education ActFree Appropriate Public EducationIndividualized Education PlanState Review OfficerImpartial Hearing OfficerDue Process ComplaintTuition ReimbursementSummary JudgmentProcedural Adequacy
References
25
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers

The petitioner sought a preliminary injunction against Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, for alleged recognitional or organizational picketing. This picketing was asserted to be in violation of section 10(1) and section 158(b)(7)(A) of the National Labor Relations Act. The employer, Genmar Electrical Contracting, had recently recognized United Construction Trades & Industrial Employees International Union (UCTIU) as the lawful representative of its employees. The Court found reasonable cause to believe that Local Union No. 3's picketing aimed to force Genmar to recognize their union or compel employees to switch their affiliation, constituting an unfair labor practice. Concluding that injunctive relief was just and proper, the Court granted the preliminary injunction, enjoining Local Union No. 3 from such picketing.

Preliminary InjunctionLabor LawUnfair Labor PracticePicketingNational Labor Relations ActOrganizational PicketingRecognitional PicketingCollective BargainingUnion RepresentationSection 10(l)
References
10
Case No. MISSING
Regular Panel Decision

McLeod v. Local No. 3, International Brotherhood of Electrical Workers

The Director of the Second Region of the National Labor Relations Board (NLRB) sought a temporary injunction against LOCAL UNION NO. 3 I.B.E.W., alleging unfair labor practices related to secondary boycotts. The charges stemmed from picketing by union members at various New York City apartment buildings, where New Power Wire & Electric Corporation and P & L Services, Inc. had electrical rewiring contracts. The union picketed, claiming New Power violated its agreement by employing non-union electricians. The Board contended this picketing violated Section 8(b)(4)(i)(ii)(B) of the National Labor Relations Act. However, the court, applying the Moore Dry Dock Company principles, found no sufficient evidence that the union induced neutral employees or coerced building owners. The court concluded the picketing was informational and confined to the primary dispute's situs, thus not violating the Act. Consequently, the Board's application for a preliminary injunction was denied.

National Labor Relations ActSecondary BoycottUnfair Labor PracticeTemporary InjunctionPicketingLabor Union DisputeCollective Bargaining AgreementMoore Dry Dock TestLandrum-Griffin ActTaft-Hartley Act
References
6
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ7852424, ADJ7938790
Regular
Mar 24, 2015

KEITH RAKONCZA vs. COUNTY OF STANISLAUS

This case involves a petition for reconsideration by the defendant regarding a workers' compensation award for Keith Rakoncza. The Board denied reconsideration, adopting the judge's report which found that the defendant's arguments regarding apportionment and the applicability of Labor Code section 4658(d)(2) were unfounded. The judge found that the defendant's attempt to apportion disability retroactively was unjust and not supported by substantial evidence. Additionally, the judge determined that Labor Code section 4658(d)(2) applied because the defendant failed to make a timely offer of work within 60 days of the applicant's permanent and stationary date.

Workers' Compensation Appeals BoardKeith RakonczaCounty of StanislausYork Risk Services GroupInc.ADJ7852424ADJ7938790Petition for ReconsiderationLabor Code section 4658(d)(2)heart injury
References
1
Showing 1-10 of 11,465 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