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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Claim of Estate of Harris v. General Electric Co.

Francis Harris, a machinist, developed pulmonary fibrosis, leading to a workers' compensation claim. Following his death, his widow, Patricia Harris, filed a claim for death benefits. Initially, a Workers’ Compensation Law Judge denied both claims, citing insufficient evidence to causally link the pulmonary fibrosis to Harris's employment. However, the Workers’ Compensation Board subsequently reversed this decision, establishing both claims. The employer appealed the Board's reversal. The appellate court affirmed the Board's decision, emphasizing that medical opinions in workers' compensation cases do not require absolute certainty, only a reasonable probability supported by a rational basis, which was found to be present in this case.

Pulmonary FibrosisWorkers' Compensation BenefitsDeath BenefitsCausal RelationshipEmployment-Related IllnessMedical Expert OpinionRational BasisSubstantial EvidenceWorkers' Compensation BoardAppellate Affirmation
References
3
Case No. MISSING
Regular Panel Decision

Claim of Riganti v. South Mall Construction, Inc.

This case is an appeal from a Workers’ Compensation Board decision, filed on May 28, 1993, which found a causal link between the claimant's death and asbestosis, an established occupational disease. The court upheld the Board's finding, citing substantial evidence from Dr. Frank Maxon, a pulmonary physician. Dr. Maxon's expert opinion, based on medical records, confirmed the causal relationship, noting documented pleural thickening and pulmonary fibrosis consistent with asbestosis. The employer's argument regarding non-compliance with form C-64 was not preserved for review and was found to lack merit. The decision of the Workers’ Compensation Board was affirmed.

Workers' CompensationAsbestosisOccupational DiseaseCausationMedical Expert TestimonyPulmonary FibrosisPleural ThickeningAppellate ReviewBoard DecisionMedical Records
References
3
Case No. ADJ4052884 (AHM 0136124) ADJ6520242
Regular
Feb 20, 2014

EMILIO EDDIE ROMERO (Deceased) SARA ROMERO (Widow) vs. CLOROX PRODUCTS MANUFACTURING

The Appeals Board granted the defendant's petition for removal, rescinding an order to replace a Qualified Medical Evaluator (QME). The WCJ had terminated the QME believing his partial review and stated refusal to review more records showed prejudgment on causation. However, the Appeals Board found it premature to disqualify the QME, noting his opinion of idiopathic pulmonary fibrosis as an unknown cause of disease could render additional MSDS irrelevant if correct. The Board ordered a deposition of the QME to explore his opinions and any alleged bias before deciding on a replacement, allowing further record development.

Petition for RemovalPQMEPanel Qualified Medical EvaluatorCausationIdiopathic Pulmonary FibrosisMaterial Safety Data SheetsMSDSSubstantial Medical EvidenceDepositionMcDuffie v. Los Angeles County Metropolitan Transit District
References
1
Case No. MISSING
Regular Panel Decision

Claim of Grill v. Fashion Institute of Technology

Claimant was diagnosed with interstitial pulmonary fibrosis and lung disease, established as a compensable occupational disease. The central issue was whether her condition qualified as a dust disease under Workers’ Compensation Law § 15 (8) (ee), entitling the employer to Special Disability Fund reimbursement. The Workers’ Compensation Board ruled against the employer, a decision subsequently affirmed. The court credited the treating pulmonologist's finding that the claimant suffered from pneumonitis due to aerosolized paint exposure, rather than pneumoconiosis, which is required for a dust disease classification. Therefore, the employer's appeal for reimbursement was denied.

Occupational DiseaseInterstitial Pulmonary FibrosisLung DiseaseDust DiseaseSpecial Disability FundWorkers' Compensation LawReimbursementPneumonitisPneumoconiosisAerosolized Paint Exposure
References
10
Case No. ADJ7341086, ADJ7618068
Regular
Jun 18, 2013

EVANGELINA RODRIGUEZ vs. TREND TECHNOLOGIES, ARGONAUT INSURANCE COMPANY, CONTINENTAL CASUALTY c/o CNA CLAIMS PLUS, ATR INTERNATIONAL, INC., NATIONAL UNION FIRE INSURANCE, Administered by AIG c/o CHARTIS

This case concerns Evangelina Rodriguez's claim for workers' compensation benefits due to pulmonary fibrosis, allegedly caused by industrial toxic substance exposure. The Administrative Law Judge (WCJ) previously found no causal link between her employment at Trend Technologies or ATR International and her condition. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the WCJ's findings and concluding applicant failed to prove industrial causation by a preponderance of the evidence. One commissioner dissented, arguing substantial medical evidence supported a causal connection and advocating for granting reconsideration.

Pulmonary fibrosisCumulative trauma injuryIndustrial causationMedical evidencePreponderance of the evidenceReasonable probabilityToxic substancesWorkers' Compensation Appeals BoardFindings and OrderPetition for Reconsideration
References
8
Case No. MISSING
Regular Panel Decision

In re the Claim of Engler v. United Parcel Service

Claimant, a delivery truck driver for United Parcel Service, filed for workers' compensation benefits after being diagnosed with interstitial pulmonary fibrosis, allegedly due to workplace exposure to dust and airborne substances. A Workers' Compensation Law Judge and the Workers' Compensation Board established the case for occupational disease and permanent partial disability. On appeal, the court reversed, finding that the claimant failed to prove a 'recognizable link' between his condition and a distinctive feature of his job, concluding it stemmed from the specific work environment rather than the occupation itself. The matter was remitted to the Board to consider the issue of accidental injury.

Occupational DiseaseInterstitial Pulmonary FibrosisCausal RelationshipWorkplace ExposureDelivery Truck DriverWorkers' Compensation AppealBoard Decision ReversalRemittalAccidental InjuryDistinctive Feature of Occupation
References
0
Case No. MISSING
Regular Panel Decision

Ward v. Lincoln Electric Co.

The Supreme Court, Appellate Division, reversed an order denying summary judgment to the defendant in a toxic substance exposure case. The court clarified that the statute of limitations begins when the plaintiff discovers the primary condition, not its causation. Plaintiff's medical records and deposition testimony indicated symptoms of pulmonary fibrosis by late 2007 or 2008, necessitating an invasive procedure. This evidence established that the plaintiff's condition was apparent more than three years before the action was commenced on January 30, 2012, thus rendering the action time-barred. The motion for summary judgment dismissing the complaint was therefore granted.

statute of limitationstoxic exposurepulmonary fibrosissummary judgmentmedical recordsappellate reviewdiscovery rulepersonal injuryCPLRtime-barred
References
3
Case No. ADJ13703697
Regular
May 22, 2025

VICTOR ROMERO vs. SANTA BARBARA SMOKEHOUSE, COMPWEST INSURANCE COMPANY

Victor Romero, the applicant, sustained a COVID-19 related injury resulting in pulmonary fibrosis and chronic lung disease. The defendant, Santa Barbara Smokehouse and Compwest Insurance Company, sought reconsideration of a Findings and Award (F&A) which entitled the applicant to temporary disability exceeding 104 weeks. The defendant argued that Dr. Gerald Markovitz's medical report was not substantial evidence and that their due process rights were violated. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, affirming that Dr. Markovitz's report constituted substantial medical evidence. Consequently, the Board denied the defendant's Petition for Reconsideration.

AOE/COECOVID-19Pulmonary fibrosisChronic lung diseaseTemporary disabilityLabor Code § 4656Permanent and stationaryMMIPetition for reconsiderationSubstantial medical evidence
References
9
Case No. 156 AD3d 1064
Regular Panel Decision
Dec 14, 2017

Claim of Pontillo v. Consolidated Edison of New York, Inc.

Claimant Robert Pontillo established a claim for pulmonary fibrosis and lung cancer due to asbestos exposure while working for Consolidated Edison of New York, Inc. After voluntarily retiring, claimant sought wage replacement benefits, asserting he had reattached to the labor market. The Workers' Compensation Board affirmed an award of benefits, prompting Consolidated Edison and its claims administrator to appeal. The Appellate Division found that the Board failed to address the employer's argument regarding the claimant's burden to prove a causal link between his disability and his inability to find work. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings consistent with its decision.

Workers' CompensationAsbestos ExposurePulmonary DiseaseOccupational DiseaseWage BenefitsLabor Market ReattachmentVoluntary RetirementEarning CapacityCausationBoard Decision
References
4
Case No. MISSING
Regular Panel Decision

Jones v. Nathan Trotter & Co.

The Supreme Court erred in not dismissing a personal injury and wrongful death complaint as time-barred. The decedent was exposed to toxic substances between 1957 and 1959 while working for Empire Metal Company. He was diagnosed with pulmonary fibrosis in November 1983 and had a lung biopsy in March 1985, after which he was informed of a work-related lung disease. A Workers' Compensation claim was filed in April 1985, and the Workers' Compensation Board found permanent total disability from mixed dust pneumoconiosis in August 1986. The plaintiff commenced this action in March 1992, which was found to be beyond the three-year statute of limitations from the last exposure or discovery of injury, even considering CPLR 214-c.

Statute of LimitationsToxic ExposurePersonal InjuryWrongful DeathPulmonary FibrosisMixed Dust PneumoconiosisWorkers' CompensationDiscovery RuleCommencement of ActionTime-Barred
References
10
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