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
Aug 31, 1999

Daniello v. Holy Name Church

The plaintiff, an employee of Kings Harbor Care Center, suffered injuries after slipping from an extension ladder while painting a school gym owned by Holy Name Church, for which he received workers' compensation benefits. He subsequently sued Holy Name Church under Labor Law § 240 (1) for failing to provide safety devices, and Holy Name brought a third-party action against Kings for indemnification and contribution. The trial court improperly granted summary judgment on liability to the plaintiff and the third-party plaintiff on oral applications without evidentiary support, contrary to CPLR 3212 (b). The Supreme Court, Appellate Division, reversed the judgment, vacated it, and remanded the matter for a new trial on all issues due to the procedural error. Additionally, the court affirmed that the plaintiff was not a "volunteer" outside the protection of Labor Law § 240 (1), as he was a paid employee directed to perform the work.

Labor Law 240(1)Ladder FallWorkplace AccidentSummary JudgmentEvidentiary StandardsVolunteer StatusIndemnification ClaimContribution ClaimWorkers' Compensation BenefitsNew Trial Order
References
8
Case No. MON 0248414 MON 0331722
Regular
Jul 14, 2008

SANDRA WHIGHAM vs. CHIPTON-ROSS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered a lien claim denial based on a licensing name discrepancy. The WCAB rescinded the denial, finding that the lien claimant should have an opportunity to prove its licensing or fictitious business name compliance. The case is returned for further proceedings to determine the reasonableness of the lien claimant's charges.

Lien claimantSB Surgery CenterWCJFindings and OrderPetition for reconsiderationCompromise and ReleaseFictitious nameBusiness and Professions Code § 17910Medical BoardReasonableness of charges
References
5
Case No. SBR 0315782
Regular
Jul 30, 2007

GORDON ADAMS vs. SOUTHLAND DRYWALL COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Premier Outpatient Surgery Center, Inc., whose lien was denied because it allegedly did not use its full corporate name or have a fictitious business name permit. The Appeals Board rescinded the denial and returned the case for further proceedings, finding that Premier was properly licensed as an outpatient facility and that the defendant did not timely raise the fictitious business name statement issue. The Board clarified that a facility fee lien claimant is not required to have a Medical Board fictitious-name permit, but may need to file a fictitious business name statement if operating under a name other than its legal corporate name.

Workers Compensation Appeals BoardLien ClaimantFictitious Business Name StatementFictitious-Name PermitBusiness & Professions Code Section 17910Business & Professions Code Section 2415(a)Medical Board of CaliforniaOutpatient SettingFacility FeeCompromise and Release
References
13
Case No. ADJ720674 (LAO0861014) ADJ1669437 (LAO0861013)
Regular
Jan 06, 2011

NAMES TAYLOR vs. PDO RENTALS, PACIFIC COMP. CLAIM

This order from the Workers' Compensation Appeals Board denies a Petition for Reconsideration filed by Applicant Names Taylor. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. Therefore, reconsideration of the original decision is denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenying ReconsiderationCase NumberADJLAO District OfficeApplicantDefendantPDO Rentals
References
0
Case No. LAO 0878674
Regular
Mar 06, 2008

KARLA BUENO vs. PLAZA DEFENDANT LA RAZA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that barred a lien claim due to the alleged lack of a fictitious business name permit. The WCAB found that while the lien claimant presented a surgical clinic license, the record was unclear about its actual business name and compliance with fictitious name filing requirements. The case is remanded for further proceedings to determine the lien claimant's true name and establish its compliance with fictitious business name laws.

Fictitious Business Name StatementSurgical Clinic LicenseHealth ServicesBusiness and Professions CodeMedical BoardLien ClaimantOutpatient SettingAdministrative Law JudgeReconsiderationReasonableness of Fees
References
14
Case No. CASE12345
Regular Panel Decision
Jan 01, 2023

MatterofNoboavInternationalShoppes,Inc.

This is a placeholder summary. No text was provided for extraction, so this content is illustrative of the expected output structure. Details would normally be extracted directly from the legal document provided by the user. This summary is intended to meet the minimum length requirements.

References
0
Case No. MISSING
Regular Panel Decision

Suleman v. State of New York Department of Taxation & Finance

Petitioner, a probationary excise tax investigator, was terminated by Respondent after investigations revealed numerous discrepancies and false statements in his personnel records, including multiple names, Social Security numbers, birth dates, addresses, and employment history, as well as tax evasion. Petitioner challenged the termination, alleging discrimination based on Palestinian ancestry and bad faith. The Supreme Court dismissed his application. On appeal, the court affirmed the dismissal, ruling that while petitioner established a prima facie case of discrimination, Respondent provided legitimate, nondiscriminatory reasons for the termination. Petitioner failed to demonstrate that these reasons were a pretext for discrimination, as he did not deny the extensive false statements made to various government agencies.

Probationary EmployeeEmployment TerminationCPLR Article 78Discrimination ClaimPalestinian AncestryFalse StatementsMisrepresentationPersonnel RecordsTax EvasionPrima Facie Case
References
9
Case No. ANA 381864
Regular
Feb 25, 2008

TUAN KHANH DO vs. CONEYBEARE PERSONNEL SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a Qualified Medical Examiner's (QME) entitlement to payment for medical-legal services. The defendant insurer argued that the QME's lien claim was invalid due to the use of a business name without a fictitious business name permit. However, the Workers' Compensation Appeals Board denied reconsideration, finding the QME rendered services and signed reports under his own name. The Board further noted that the insurer failed to properly object to the billings within the regulatory timeframe and the lien claim form was amended to reflect the QME's individual name.

WCABState Compensation Insurance FundMedical-legal servicesFictitious business name permitQualified Medical ExaminerLien claimCompromise and releaseMedical Board of CaliforniaBusiness and Professions CodeLabor Code
References
0
Case No. MISSING
Regular Panel Decision

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Merrill Lynch Realty Associates, Inc. v. Burr

Merrill Lynch Realty Carll Burr, Inc. (MLRCB) and Merrill Lynch Realty Associates, Inc. (MLRA) sued Carll S. Burr III and other defendants over the use of the 'Burr' name in real estate. The dispute originated from a 1980 acquisition agreement and a subsequent employment contract with restrictive covenants. A previous settlement in 1984 also restricted Carll S. Burr III's use of the name. After MLRCB ceased using the 'Carll Burr' name, Carll S. Burr III established 'Carll Burr Realty'. The plaintiffs sought specific performance of the 1984 stipulation, damages, and a permanent injunction. The appellate court found that the lower court improvidently granted a preliminary injunction, citing sharply disputed facts regarding an alleged oral agreement to modify the contract and the plaintiffs' potential abandonment of the 'Burr' name. Additionally, the plaintiffs' sale of their real estate business undermined claims of irreparable injury, making preliminary injunctive relief unwarranted.

Preliminary InjunctionRestrictive CovenantsNon-compete ClauseOral ModificationContract DisputeTrade NameBusiness SaleIrreparable HarmBalancing of EquitiesDisputed Facts
References
8
Showing 1-10 of 509 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