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. ADJ3493641 (LBO 0341797) ADJ1865304 (LBO 0341798)
Regular
May 06, 2010

NOE BENAVIDES vs. TAYLOR DUNN MFG

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The applicant, Noe Benavides, was denied temporary disability benefits after his termination for cause, as his wage loss was not due to his industrial injury. However, the Board affirmed the 27% permanent disability rating, finding the disability evaluator adequately justified the rating methodology. The award also addresses the recovery of unemployment benefits paid during overlapping periods.

Workers' Compensation Appeals BoardTaylor Dunn MfgNoe BenavidesJoint Findings and AwardTemporary Disability IndemnityPermanent Disability RatingReconsiderationAgreed Medical ExaminerAMEModified Duty
References
0
Case No. MISSING
Regular Panel Decision

Benavides v. Serenity Spa NY Inc.

Gloria Benavides initiated a collective action lawsuit against Serenity Spa NY Inc. and Yu Qun Dai, alleging unpaid wages, including minimum wage and overtime violations, under the Fair Labor Standards Act and New York State Labor Law. Benavides, who worked as a nail technician and massage therapist, sought conditional collective action certification for all non-exempt employees. The Court partially granted her motion, conditionally certifying the collective action for employees within three years of the complaint, but denied immediate requests for a six-year notice period and Social Security numbers. The order also resolved discovery disputes, compelling production of certain wage and hour documents and text messages for a six-year period.

Wage and HourFLSA Collective ActionConditional CertificationMinimum Wage ViolationsOvertime CompensationNew York Labor LawDiscovery DisputesNotice PeriodContact Information DisclosureSpa Industry
References
59
Case No. LAO 0832818, VNO 0508728
Regular
Jan 22, 2008

TOMAS ALONZO (deceased) BEATRIZ ALONZO (widow) vs. NHAN VAN NGUYEN aka KEVIN CONSTRUCTION, illegally uninsured, DAVID BENAVIDES; PACIFIC SPECIALTY INSURANCE COMPANY

This case involves a deceased worker, Tomas Alonzo, whose widow claims he was an employee of homeowner David Benavides. The Appeals Board denied reconsideration, upholding the finding that Alonzo was Benavides' employee because Alonzo's direct employer, Kevin Construction, was an unlicensed contractor. California law presumes unlicensed contractors and their employees are employees of the hiring party to ensure compensation.

Workers' Compensation Appeals BoardTomas AlonzoBeatriz AlonzoNhan Van NguyenKevin Constructionillegally uninsuredDavid BenavidesPacific Specialty Insurance CompanyLAO 0832818VNO 0508728
References
3
Case No. 2023 NY Slip Op 00733 [213 AD3d 460]
Regular Panel Decision
Feb 09, 2023

Matter of Noe v. Local 983

The Supreme Court improvidently granted petitioners' petition to enjoin respondents from holding a scheduled election for respondent Local 983. The Appellate Division, First Department, unanimously reversed this decision and dismissed the petition. The court found that the petition failed because Local 983 is an unincorporated association, and petitioners did not plead that each individual union member authorized or ratified the alleged unlawful actions, citing *Martin v Curran*. Additionally, the petitioners failed to exhaust their contractual remedies under AFSCME's constitution before initiating the civil action, as the constitution provides procedures for challenging election conduct and appealing determinations.

Labor LawUnion ElectionsUnincorporated AssociationsExhaustion of RemediesAppellate ReversalInjunctionsJudiciary Law § 431First DepartmentAFSCMEMartin v Curran
References
5
Case No. MISSING
Regular Panel Decision

Rodriguez v. JMB Architecture, LLC

The case involves Noe Rodriguez, an injured construction worker, who sued JMB Architecture, LLC, the construction manager, for negligence and Labor Law violations. Rodriguez sustained an eye injury while working on a private residence. Initially, the property owners were defendants, but they were later removed, and JMB became the sole defendant. The Supreme Court granted JMB's motion for summary judgment, dismissing the complaint. On appeal, the court affirmed the dismissal, ruling that JMB's role was merely general supervision and lacked the requisite control over the work to be held liable as an agent or general contractor under Labor Law §§ 200 and 241 (6).

construction injuryLabor Lawconstruction managerliabilitysummary judgmentappellate decisionworkplace safetyagencysupervisiongeneral contractor
References
14
Case No. ADJ8345350
Regular
Jan 31, 2017

NOE ALVAREZ vs. PARCELL STEEL CORPORATION; ICW GROUP/INSURANCE COMPANY OF THE WEST

This case involves a petition for reconsideration by the defendant insurer regarding a workers' compensation award for applicant Noe Alvarez. The administrative law judge found the applicant sustained injuries to his neck, shoulders, low back, and left knee, resulting in 44% permanent disability plus a 15% increase. The defendant challenged the findings of injury to the back and knee, deeming the treating physician's opinion conclusory, and disputed the 15% increase. The Workers' Compensation Appeals Board granted reconsideration to defer the issue of the 15% increase under Labor Code section 4658(d), affirming the 44% permanent disability award based on the administrative law judge's credible assessment of medical evidence.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4658(d)Medical OpinionsQualified Medical EvaluatorTreating PhysicianCredibility DeterminationSubstantial Evidence
References
3
Case No. ADJ8004147, ADJ8004039
Regular
Jul 25, 2016

NOE GUDINO vs. JUAN NAVARRO dba NAVARRO'S TREE SERVICE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns applicant Noe Gudino's petition for reconsideration of two adverse Findings of Fact and Orders denying claims for cumulative and specific work injuries. Although Gudino's claims were initially presumed compensable under Labor Code section 5402, the defendant successfully rebutted this presumption. The Appeals Board denied reconsideration, finding that any alleged evidentiary errors were invited by the applicant, and affording significant weight to the Workers' Compensation Judge's credibility determinations.

Workers' Compensation Appeals BoardNoe GudinoJuan NavarroUninsured Employers Benefits Trust FundFindings of Fact and OrdersCumulative InjurySpecific InjuryAOE/COELabor Code Section 5402Presumption of Compensability
References
3
Case No. ADJ2046608 (VNO 0502368)
Regular
Mar 07, 2012

NOE PEREZ vs. HERRICK CORPORATION

The Workers' Compensation Appeals Board granted Herrick Corporation's Petition for Removal, rescinding a WCJ order. The Board is now intending to dismiss Herrick's Petition for Contribution against SCIF. This is because Herrick's contribution claim is barred by the one-year statute of limitations under Labor Code section 5500.5(e). The Order Approving Compromise and Release was dated August 31, 2006, and Herrick's petition was filed over two and a half years later.

Petition for RemovalContributionCarve-out JurisdictionLabor Code Sections 3201.53201.7State Compensation Insurance Fund (SCIF)Alexander BuggyCompromise and ReleaseArbitratorJoint and Several Award
References
1
Case No. LAO 0866278 LAO 0866280
Regular
Feb 19, 2008

DORA BENAVIDES vs. MAINSTAY BUSINESS SOLUTIONS

The applicant sought reconsideration to set aside a Compromise and Release (C&R) agreement, claiming she changed her mind about waiving future medical treatment. The Appeals Board denied the petition, agreeing with the WCJ that the applicant provided no grounds like fraud or duress to void the settlement. Despite noting the WCJ's incorrect standard for setting aside a C&R on reconsideration, the Board found the $20,000 settlement adequate given the medical evidence supporting minimal permanent disability.

Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardIndustrial InjurySpine InjuryNeck InjuryUpper Extremities InjuryWrist InjuryHand InjuryShoulder Injury
References
2
Case No. ADJ6748018
Regular
Aug 18, 2010

CHRIS BENAVIDES vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal and rescinded an order denying a change of venue. The defendant argued its venue objection was timely as it never received the initial Notice of Application, which triggers the objection period. The WCAB found that its inability to verify the sending of the Notice of Application created prejudice for the defendant. Therefore, the case was remanded to determine when the defendant first received notice of the case number and venue.

WCABPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueuntimelyNotice of ApplicationEAMSAdjudication Product DeliveryLabor Code section 5501.5venue selection
References
5
Showing 1-10 of 18 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