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. ADJ4415679 (OAK 0259031) ADJ2701101 (WCK0050594)
Regular
May 10, 2010

Stanley Sanders vs. REMEDY INTELLIGENT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, OREGON STEEL MILLS, INC. dba NAPA PIPE

The Workers' Compensation Appeals Board reversed a judge's decision, ruling that Napa Pipe, a self-insured special employer, is liable for applicant Stanley Sanders' workers' compensation benefits. Despite an agreement between the general employer (Remedy Temp) and Napa Pipe attempting to limit liability to Remedy Temp's insurer (Reliance), Napa Pipe's joint and several liability as a special employer cannot be contractually eliminated. Because Napa Pipe's self-insurance was not excluded for special employees and constitutes "other insurance" under Insurance Code § 1063.1(c)(9), CIGA is relieved of its obligation to provide benefits following Reliance's insolvency. Therefore, Napa Pipe must now provide all workers' compensation benefits and administer the claim.

Workers' Compensation Appeals BoardStanley SandersRemedy Intelligent StaffingCalifornia Insurance Guarantee AssociationReliance National Insurance CompanyOregon Steel MillsNapa PipeADJ4415679ADJ2701101Opinion and Decision After Reconsideration
References
24
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
0
Case No. 2015-2418 K C
Regular Panel Decision
May 25, 2018

Remedial Med. Care, P.C. v. Park Ins. Co.

This case involves an appeal from an order of the Civil Court concerning first-party no-fault benefits. The defendant, Park Insurance Co., sought summary judgment to dismiss the complaint filed by Remedial Medical Care, P.C., as assignee of Thomas Brown. The Civil Court initially denied the motion but found that the defendant had established timely mailing of denials. The Appellate Term modified the order, granting summary judgment to the defendant for a bill of services rendered on August 23, 2012, as it was paid according to the workers' compensation fee schedule. However, for the remaining bills, the defendant failed to prove timely mailing of IME scheduling letters, thus failing to demonstrate that the IMEs were properly scheduled or that the assignor failed to appear. Therefore, the denial of summary judgment for the remaining claims was affirmed.

Summary JudgmentNo-Fault BenefitsIndependent Medical Examination (IME)Timely MailingWorkers' Compensation Fee ScheduleAppellate TermCivil CourtDenial of ClaimFirst-Party BenefitsInsurance Law
References
3
Case No. ADJ3077817 (ANA 0338837)
Regular
May 09, 2011

FREDY ORELLANA vs. REMEDY TEMP, REMEDY INTELLIGENT STAFFING, INC./SELECT STAFFING, RELIANCE INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES for CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a credit for overpaid temporary disability. The Board granted the defendant's petition, amending the original finding to clarify that the $\$9,537.12$ overpayment credit applies against permanent disability benefits after attorney fees, not against medical treatment. The Board affirmed the WCJ's findings on the industrial injury and permanent disability award. The defendant's argument regarding a special employer relationship was not explicitly addressed in the final decision summary provided.

CIGAReliance InsuranceliquidationIntercare Insurance Servicesspecial employmentRemedy TempRemedy Intelligent StaffingMaruchancredit for overpaymenttemporary disability
References
0
Case No. MISSING
Regular Panel Decision

Guerrero Toro v. Northstar Demolition

Plaintiff Alexander Guerrero Toro, a pro se asbestos handler, sued NorthStar Demolition & Remediation LP under the Americans with Disabilities Act (ADA) and New York State Human Rights Law (NYSHRL), alleging failure to accommodate his carpal tunnel syndrome, wrongful termination, workplace harassment, and retaliation. After experiencing pain in his right arm, Plaintiff was placed on restricted duty, limiting his ability to perform essential job functions. Defendant provided various temporary light-duty assignments, but eventually, no suitable tasks remained due to seasonal changes and Plaintiff's ongoing limitations. Plaintiff also claimed harassment from co-workers and supervisors, and retaliation for filing administrative complaints. The court granted Defendant's motion for summary judgment, dismissing all claims, concluding that Plaintiff failed to demonstrate he could perform essential job functions with or without reasonable accommodation, or that a hostile work environment or retaliation existed based on admissible evidence. The NYSHRL claims were also dismissed, with some being jurisdictionally barred due to the election of remedies.

Americans with Disabilities ActDisability DiscriminationCarpal Tunnel SyndromeReasonable AccommodationHostile Work EnvironmentRetaliationSummary JudgmentPro Se LitigationEmployment LawNew York State Human Rights Law
References
122
Case No. MISSING
Regular Panel Decision
Nov 23, 1981

Malone v. Jacobs

This case involves an appeal by defendants Stephen and John Jacobs from a Supreme Court order denying their motion to dismiss the complaint filed by Daniel and Linda Malone. The Malones sought damages for personal injuries Daniel sustained in an automobile accident with Stephen Jacobs, with both men being volunteer firemen responding to an alarm. The appellate court determined that both were acting in the line of duty, making the Volunteer Firemen’s Benefit Law their exclusive remedy. Consequently, the order was reversed, granting defendants leave to amend their answer to assert this exclusive remedy defense, and summary judgment was granted, leading to the dismissal of the Malones' complaint. The court also affirmed that John Jacobs, as the vehicle owner, could rely on the same defense due to vicarious liability.

Volunteer Firemen's Benefit LawExclusive RemedySummary JudgmentAffirmative DefenseAutomobile AccidentPersonal InjuryLoss of ConsortiumLine of DutyVicarious LiabilityMotion to Dismiss
References
6
Case No. ADJ3885934 (ANA 0349373)
Regular
Mar 01, 2010

SAUL GONZALEZ vs. REMEDY TEMP/CIGA FOR RELIANCE IN LIQUIDATION, MARRIOTT CORPORATION/MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) granted CIGA's petition for reconsideration, reversing a prior decision that found no jurisdiction to hear CIGA's claim for reimbursement. The WCAB determined it retains supplemental jurisdiction over disputes between defendants, like CIGA and Marriott, even after the injured worker's case was dismissed for lack of prosecution. This decision recognizes that the dismissal was intended to address the applicant's failure to prosecute, not to extinguish CIGA's independent right to seek reimbursement from Marriott. The case is returned to the trial level for further proceedings on CIGA's reimbursement claim.

CIGAReimbursementJurisdictionDismissalReconsiderationSupplemental JurisdictionContributionSpecial EmploymentLack of ProsecutionStipulation
References
11
Case No. ADJ423557 (ANA 0341897)
Regular
Aug 30, 2010

BARTOLLO TERRONES vs. REMEDY TEMP, RELIANCE NATIONAL INDEMNITY, U.S. TILE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Select Staffing's petition for removal, upholding a WCJ's order compelling depositions and document production. Select argued the WCJ lacked jurisdiction over its non-party witnesses and demanded confidential financial documents. The WCAB found Labor Code Section 5710 allows compelling depositions of non-party witnesses, and the WCJ has jurisdiction to order production of the purchase agreement, with claims of privilege to be adjudicated later. No substantial prejudice to Select was found to warrant disturbing the WCJ's order.

Workers' Compensation Appeals BoardPetition for RemovalDeposition of WitnessesMotion to Compel AttendanceNotice to ProduceStaffing AgencyGeneral EmployerSpecial EmployerCalifornia Insurance Guarantee Association (CIGA)Labor Code Section 5710
References
0
Case No. ADJ3672958 (ANA 0348289)
Regular
Aug 08, 2011

JUAN FLORES vs. KENDALL MCGAW LABORATORIES, REMEDY TEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE, For RELIANCE INSURANCE COMPANY, In Liquidation

The WCAB rescinded the dismissal of Braun Medical and St. Paul, returning the case for further proceedings. CIGA, responsible for benefits from the insolvent Reliance, sought reimbursement from St. Paul, Braun Medical's insurer, alleging St. Paul's coverage constituted "other insurance." The WCAB found the previous dismissal lacked a clear basis and adequate record, necessitating a new decision by the WCJ after proper stipulation and evidentiary presentation. The decision emphasizes the importance of a complete record for review.

CIGAReliance Insurance CompanyIntercare InsuranceBraun MedicalSt. Pauljoinderreimbursementother insuranceinsolvent insurerspecial employer
References
10
Case No. ADJ3850792 (ANA 0340016)
Regular
Dec 23, 2009

RAUL ROSALES SORIA vs. SELECT PERSONNEL SERVICES/REMEDY TEMP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY (In Liquidation), SEDGWICK CMS (Servicing Facility)

The Appeals Board granted reconsideration and rescinded the order directing CIGA to pay PDAs, but denied removal of the order taking the matter off calendar. CIGA's petition for reconsideration was based on its dispute of liability and the order's vagueness.

CIGAPetition for ReconsiderationPetition for RemovalPermanent Disability Advances (PDAs)Off Calendar (OTOC)Final OrderInterlocutory DecisionGeneral AppearanceJoinderMandatory Settlement Conference (MSC)
References
9
Showing 1-10 of 1,752 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