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. ADJ2968351 (SFO 0503112)
Regular
Mar 01, 2012

Marina Cribas vs. Whitney Young Child Development Center, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed Marina Cribas's petition for reconsideration as untimely. The WCJ's decision was served by mail on December 5, 2011, but Cribas did not file her petition until January 11, 2012, exceeding the 25-day deadline. As the time limit for filing a petition for reconsideration is jurisdictional, the WCAB lacked authority to consider the merits of the petition. Even if timely, the WCAB would have denied the petition based on the WCJ's reasoning.

Workers' Compensation Appeals BoardMarina CribasWhitney Young Child Development CenterState Compensation Insurance FundADJ2968351SFO 0503112Order Denying ReconsiderationPetition for ReconsiderationFindings of FactOrder and Opinion on Decision
References
4
Case No. 2020 NY Slip Op 05204 [186 AD3d 1679]
Regular Panel Decision
Sep 30, 2020

Matter of Board of Mgrs. of Half Moon Bay Mar. Condominium v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.

This case concerns a CPLR article 78 proceeding initiated by the Board of Managers of Half Moon Bay Marina Condominium and Maria Elena DiBella against the Board of Directors of Half Moon Bay Homeowners Association, Inc. The dispute arose over the voting rights of Marina directors on the HOA Board, which the HOA Board sought to restrict. The Supreme Court, Westchester County, ruled in favor of the petitioners, compelling the HOA Board to allow unrestricted voting. The Appellate Division affirmed this judgment, determining that the HOA's bylaws regarding voting rights were ambiguous. The court found that extrinsic evidence, including the HOA Board's historical practice, supported the interpretation that all directors had an unrestricted right to vote on all HOA matters.

Bylaws InterpretationVoting RightsCondominium LawHomeowners AssociationCPLR Article 78Contract InterpretationExtrinsic EvidenceBoard of DirectorsAppellate ReviewAmbiguity
References
11
Case No. ADJ7471626
Regular
Dec 16, 2011

MARINA BILAVER vs. HOLLYWOOD RENAISSANCE HOTEL/MARRIOTT INTERNATIONAL

This case involves applicant Marina Billaver's petition for removal, which was denied. Applicant sought to depose a panel Qualified Medical Evaluator (QME) before trial, but the Workers' Compensation Judge (WCJ) closed discovery and set the case for trial. The WCJ found applicant failed to adequately justify the necessity of the QME deposition or explain prior cancellations, especially since defendant represented the case was ready for trial. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Petition for RemovalMinute OrderWCJDiscovery ClosureTrial SettingPanel QMEDr. ShlensMandatory Settlement ConferenceDOREAMS
References
0
Case No. MISSING
Regular Panel Decision
May 11, 2000

Schuler v. Kings Plaza Shopping Center & Marina, Inc.

Michael Schuler sustained personal injuries from falling off an inadequately secured ladder while working. He filed a lawsuit against Kings Plaza Shopping Center and Marina, Inc., and Structure, Inc., alleging negligence and violations of Labor Law sections. The Supreme Court granted his motion for summary judgment under Labor Law § 240 (1) but erred in denying the defendants' cross-motion to dismiss negligence and Labor Law §§ 200 and 241 (6) claims. Additionally, the Supreme Court incorrectly denied the defendants' claim for indemnification against the third-party defendant, Don Burns, doing business as Burns Mechanical. It was determined that Michael Schuler did not suffer a 'grave injury' as defined by Workers’ Compensation Law § 11. Consequently, the order was modified to dismiss the aforementioned negligence and Labor Law claims against the appellants and to dismiss the third-party complaint against Don Burns.

Personal InjuryLadder FallPremises LiabilityLabor Law §240(1)NegligenceIndemnificationContributionGrave InjurySummary JudgmentAppellate Review
References
15
Case No. ADJ9794866, ADJ9794864
Regular
Jun 02, 2015

MARINA MORFIN vs. SF GREEN CLEAN, LLC, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, PRO CENTURY INSURANCE

This Workers' Compensation Appeals Board (WCAB) order denies Marina Morfin's petition for removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the Board found was not met. The WCAB adopted the Workers' Compensation Judge's report, concluding that reconsideration would be an adequate remedy if a decision adverse to the applicant is issued. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyADJ9794866ADJ9794864SF Green Clean
References
2
Case No. ADJ2620238
Regular
Mar 22, 2010

ANA MARINA PACHECO vs. HUTCHINSON SEAL/TOTAL AMERICAN SERVICES, INC., CHARTIS INSURANCE For COMMERCE and INDUSTRY INSURANCE COMPANY

The Appeals Board granted reconsideration for applicant Ana Marina Pacheco's workers' compensation claim. The WCJ's prior award finding temporary disability for specific periods was rescinded due to insufficient evidence. Crucially, missing medical reports from Dr. Dao and Dr. Larsen regarding recommended surgery were not admitted into evidence. The matter is remanded for the WCJ to obtain and review these critical reports before issuing a new decision.

Petition for ReconsiderationFindings and Awardtemporary disabilityindustrial injurybilateral handswristsAgreed Medical EvaluatorPetition for ReconsiderationPetition for Reconsiderationmedical records
References
4
Case No. ADJ11163911
Regular
Jul 25, 2018

MIGUEL SANTOS ISLA vs. SKYLARK INDUSTRIES, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the WCJ's decision to deny a change of venue from Marina del Rey to Pomona. The defendant argued venue should shift due to witness inconvenience and travel time. The Board found the WCJ properly exercised discretion and that removal is an extraordinary remedy not warranted here. The applicant initially selected Marina del Rey venue based on their attorney's location.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardWCJLabor Code Section 5501.5Labor Code Section 5501.6Good CauseWitness ConvenienceSubstantial PrejudiceIrreparable Harm
References
2
Case No. ADJ438284 (ANA 0339880)
Regular
Mar 14, 2013

BRIDGETT HENRY vs. HARVEST CHRISTIAN FELLOWSHIP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board granted Applicant's Petition for Removal, overturning the WCJ's denial of a venue change from Marina del Rey to Goleta. Applicant demonstrated good cause for the transfer due to severe health issues exacerbated by the long commute to Marina del Rey. Although neither party's cited statutes definitively mandated the change, the Board prioritized Applicant's health concerns, granting the venue modification. Therefore, the case will now proceed in the Goleta district office.

Petition for RemovalChange of VenueGood CauseLabor Code section 5501.6Health RisksPulmonary ConditionNebulizerIndustrial InjuryPsycheInternal Injury
References
0
Case No. ADJ8278794
Regular
Oct 10, 2013

DAHLIA DIAZ vs. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; SEDGWICK CMS

The Workers' Compensation Appeals Board granted the employer's Petition for Removal, reversing the denial of their request for a change of venue. The Board found that the employer sufficiently detailed the substance of testimony from three Riverside County witnesses, fulfilling the requirements of Labor Code Section 5501.6(b). The original venue was Marina Del Rey, while the witnesses reside in Riverside and would face significant hardship traveling for a hearing. Therefore, the venue was officially changed from Marina Del Rey to the Riverside district office.

Petition for RemovalChange of VenueConvenience of WitnessesLabor Code Section 5501.6Presiding Workers' Compensation Administrative Law JudgeIndustrial InjuryCustodianMarina Del ReyRiversideSubstance of Testimony
References
0
Case No. ADJ7568432
Regular
Nov 07, 2013

MARINA HOLMQUIST vs. SOUTHERN CALIFORNIA EDISON

The Appeals Board granted the applicant's petition for reconsideration, rescinding an order that dismissed her case. The Board found the Workers' Compensation Judge (WCJ) erred by improperly extending his time to act on the reconsideration petition and by dismissing the case despite applicant's counsel appearing at trial. The Board will address the merits of the applicant's case, returning it to the WCJ for further proceedings on the admitted injury. Consequently, the defendant's petition for removal is dismissed as moot.

Petition for ReconsiderationPetition for RemovalMandatory Settlement ConferenceOrder Dismissing CaseRescinding OrderDue ProcessWCAB Rule 10859Shipley v. Workers' Comp. Appeals Bd.Notice of Intent to DismissWCAB Rule 10562
References
2
Showing 1-10 of 44 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