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. SAC 0269325
Regular
Jan 09, 2008

Jason Tillery, Aaron Tillery vs. CRANSTON STEEL STRUCTURES, LABOR READY, REGION INSURANCE COMPANY

This case involves the deceased worker Stephen Tillery's heirs, Jason and Aaron Tillery, seeking reconsideration of a decision denying them increased compensation due to the employer's serious and willful misconduct. The Appeals Board granted reconsideration, overturning the prior ruling that non-dependent heirs could not recover such benefits, and awarded the heirs $204,366.08 plus costs, less a 30% attorney's fee. The Board clarified that accrued and unpaid compensation, including increased benefits for serious and willful misconduct, passes to the deceased employee's heirs under Labor Code sections 4700 and 4702.

Workers' Compensation Appeals BoardSerious and Willful MisconductNon-dependent heirsIncreased compensationPetition for ReconsiderationLabor Code section 4700Labor Code section 4702Death benefitsAccrued and unpaid compensationAttorney's fee
References
4
Case No. MISSING
Regular Panel Decision

State ex rel. Dunn v. Catholic Home Bureau for Dependent Children

Maureen M. Dunn filed a writ of habeas corpus to regain custody of "Baby Girl" Dunn, born April 6, 1986, after executing a surrender for adoption to Catholic Home Bureau for Dependent Children (CHB) on May 1, 1986. The child was placed with prospective adoptive parents, John and Mary Doe, on April 10, 1986. Dunn attempted to revoke her surrender on May 21, 1986, within the 30-day period stipulated by Social Services Law § 384(5). The adoptive parents moved to dismiss or transfer the case, arguing against Supreme Court jurisdiction. The court retained jurisdiction and, following hearings, addressed Dunn's claims of fraud, duress, or coercion in the surrender's execution, which it ultimately denied despite concerns about CHB's procedures and a witness's credibility. The court also clarified the application of Social Services Law §§ 383(6) and 384(5) regarding the natural mother's rights post-surrender, ruling that Dunn lost her presumption of superiority once the child was placed in an adoptive home, requiring the custody determination to be based solely on the child's best interests. Considering the stability, financial security, and family ties of the adoptive parents versus the natural mother's temporary employment, uncertain support from the natural father, and past substance use during pregnancy, the court found it in the child's best interest to remain with the adoptive parents and be adopted by them.

AdoptionChild CustodyHabeas CorpusSurrender of Parental RightsBest Interests of the ChildParental RightsSocial Services LawRevocation of SurrenderFraudDuress
References
10
Case No. MISSING
Regular Panel Decision

MTA Bus Non-Union Employees Rank & File Committee ex rel. Simone v. Metropolitan Transportation Authority

The MTA Bus Non-Union Employees Rank and File Committee, along with fourteen individual plaintiffs, brought an action against the Metropolitan Transportation Authority (MTA) and MTA Bus Company (MTA Bus) concerning pension benefits. Plaintiffs asserted claims including violations of the Equal Protection Clauses of the United States and New York State Constitutions, two distinct breaches of contract, a violation of Section 115 of the New York Civil Services Law, and negligent misrepresentation. The court granted the defendants' motion for summary judgment on all claims and denied the plaintiffs' cross-motion for summary judgment. The court found that the pension benefit classifications had a rational basis, the contract claims were defeated by unambiguous plan documents, the Civil Services Law claim lacked jurisdictional basis, and the negligent misrepresentation claim was invalid as it was based on future promises.

Equal Protection ClauseRational Basis ReviewSummary JudgmentPension BenefitsBreach of ContractMTA Bus CompanyMetropolitan Transportation AuthorityNon-Union EmployeesNew York Civil Service LawNegligent Misrepresentation
References
24
Case No. LAO 0852444, VNO 0517617
Regular
Jun 10, 2008

Gloria Foster, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted the Death Without Dependents Unit's (DWD) petition for reconsideration, reversing a prior order that allowed the City of Los Angeles Fire Department credit for payments made to a deceased firefighter's heir. The Board ruled that the employer had no authority to take credit for payments made under an unconstitutional statute against the $125,000 death benefit owed to DWD. Therefore, the defendant is ordered to pay the full $125,000 to DWD.

Death Without Dependents UnitDWDLabor Code Section 4706.5Labor Code Section 4702(a)(6)(B)industrial injurydeath benefitcredit for paymentsunconstitutional statutelegislative intentestate of deceased employee
References
2
Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
References
3
Case No. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
5
Case No. MISSING
Regular Panel Decision

Claim of the Estate of Smith v. Atlas Assembly/Crawford Furniture Manufacturing Corp.

This case involves an appeal from a Workers' Compensation Board decision that mandated Maryland Casualty Company, as the employer's carrier, to make payments to both the Uninsured Employers’ Fund and the Vocational Rehabilitation Fund following the death of Raymond Smith in an industrial accident. The employer contested the constitutionality of Workers’ Compensation Law § 16 (4-b), which allows death benefits to non-dependent individuals, arguing it violates both the New York and United States Constitutions by extending beyond purely compensatory purposes for pecuniary loss. The court rejected these arguments, affirming the Legislature's broad authority under the New York Constitution, article I, § 18, to establish a compensation system that includes benefits for non-dependents and also serves to protect employers from further litigation. Additionally, the court found the employer lacked standing to assert federal equal protection and due process claims on behalf of others. Consequently, the court upheld the constitutionality of the Workers’ Compensation Law provisions and affirmed the Board's decision.

Workers' Compensation LawConstitutional LawNew York State ConstitutionDue Process ClauseEqual Protection ClauseDeath BenefitsNondependent BeneficiariesUninsured Employers' FundVocational Rehabilitation FundStanding (Legal)
References
7
Case No. MISSING
Regular Panel Decision

Claim of Gabisch v. J. F. C. Rental Corp.

Martin C. Gabisch died from injuries sustained in a work-related accident on March 28, 1985. His parents, Martin J. Gabisch and his wife (referred to as Claimant Mother), filed a claim for compensation asserting dependency. Initially, a finding of dependence was made, but the Workers’ Compensation Board reversed this, concluding that the claimants were not wholly or partially dependent on the decedent. The claimants subsequently appealed this Board decision. The court reviewed the evidence, noting that the deceased contributed approximately $550 per month to the family income, while the claimant father earned about $3,000 per month. The court determined that the evidence presented did not establish that the claimants were dependent upon the decedent, as they needed to prove they were not independently self-supporting. Consequently, the Board’s decision was affirmed.

Parental DependencyWorkers' CompensationAppellate ReviewFinancial SupportWork-Related AccidentDependency ClaimBoard DecisionAffirmation
References
1
Case No. MISSING
Regular Panel Decision
Sep 14, 1998

Claim of Ellis v. Cyclone Coasters Inc.

This case involves an appeal from a Workers' Compensation Board decision concerning a claimant's entitlement to death benefits after her son's work-related death. The Board initially established claimant's dependency but requested further documentation. After reviewing the submitted evidence, including income and expense statements, the Board concluded that the claimant was indeed dependent on her son. The employer appealed this finding, arguing discrepancies in the claimant's financial disclosures. However, the appellate court found that despite minor inconsistencies, the record provided a rational basis for the Board's conclusion of dependency, and therefore, affirmed the Board's decision.

Workers' CompensationDeath BenefitsDependencySubstantial EvidenceFactual FindingAppellate ReviewFinancial DisclosureIncome and ExpensesFamily SupportBoard Decision
References
2
Case No. ADJ3872772 (VNO 0546594) ADJ310152 (MON 0351415)
Regular
Nov 05, 2015

HIRAN EDIRIWEERA (Deceased); DEPARTMENT OF INDUSTRIAL RELATIONS, DEATH WITHOUT DEPENDENTS UNIT vs. SRR, LLC; STATE COMPENSATION INSURANCE FUND

Petitioners, alleged partial dependents of a deceased worker, sought to overturn a 2007 Compromise and Release agreement where the insurer paid death benefits to the State's Death Without Dependents Unit, asserting they received no notice. The Board dismissed their petition for reconsideration of the 2007 order due to untimeliness and failure to meet reopening criteria. However, the Board removed the separate, pending death benefit claim (ADJ3872772) to address the petitioners' potential claims for partial dependency, acknowledging prior notification of their existence to the insurer.

Partial dependentsDeath benefitsCompromise and Release AgreementPetition for ReconsiderationOrder Approving Compromise and ReleaseReopeningTimelinessNoticeOpportunity to objectIndustrial injury
References
0
Showing 1-10 of 2,673 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