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. ADJ8270156
Regular
Oct 10, 2014

JORGE PRECIADO vs. ALAMILLO REBAR, INC.; OLD REPUBLIC GENERAL INSURANCE

This case involves an employer seeking reconsideration of an award of temporary disability indemnity to the applicant for an industrial injury. The employer argued that the medical evidence was insufficient and that the applicant was estopped from claiming benefits due to refusing modified work. However, the Workers' Compensation Appeals Board denied the petition, adopting the judge's report which credited the applicant's testimony that he was not offered suitable modified work. The Board emphasized that an applicant may be estopped from receiving benefits only if they refuse suitable modified work without good cause, and the judge's credibility determination was given great weight.

Temporary disability indemnityQualified medical evaluatorSubstantial medical evidenceEstoppelModified workOdd lot doctrineHealing periodCredibility determinationsPetition for reconsiderationFindings of Fact
References
6
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. ADJ12394877
Regular
Dec 14, 2020

SABINA RAMOS vs. GLOBAL FOOD SERVICES, FEDERAL INSURANCE

The applicant was injured and subsequently offered modified work within her restrictions, which she initially performed. However, the applicant then abandoned her employment after suitable modified work was provided by the employer. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that she was not entitled to temporary disability indemnity due to job abandonment. This denial is based on legal precedent that an employee may be estopped from claiming temporary disability for periods where they refuse or abandon suitable modified work without good cause.

Modified workAbandonment of workTemporary disability indemnityPetition for reconsiderationCredibility determinationsPrimary treating physicianWork restrictionsLabor Code section 4062EstoppelOdd lot doctrine
References
0
Case No. ADJ11555555
Regular
Mar 13, 2020

BRYANT DOUGLASS vs. HERTZ CORPORATION, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INCORPORATED

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's decision, upholding the denial of temporary disability indemnity for the applicant. The applicant claimed entitlement to benefits due to refusal of modified work at a third-party organization, arguing the offer was inappropriate and the defendant's notice was non-compliant. The Board found the applicant's reasons for refusal were not sufficiently communicated to the defendant and did not constitute good cause, as the modified work itself did not violate medical restrictions and the surrounding circumstances were not unduly burdensome. The applicant's claims regarding notice compliance were also dismissed as not having been raised at trial.

WCABPetition for ReconsiderationTemporary Disability IndemnityModified WorkRefusal of WorkAD RulesCredibility DeterminationBona Fide OfferPrimary Treating PhysicianAdministrative Law Judge
References
9
Case No. MISSING
Regular Panel Decision

Vodopia v. Rider

The court reviewed an order granting the examination of defendant Joseph Flynn before trial. The order was modified in two key areas. Firstly, item (b) of the first ordering paragraph was amended to specify the defendants' actions related to removing the plaintiff's employees from work on contracts around May 18, 1936, and the subsequent refusal to allow union members to continue work. Secondly, the second ordering paragraph was modified to direct Joseph Flynn to produce all relevant records, minute books, and documents pertaining to the removal of workmen or work suspension on plaintiff's contracts in May 1936 at the Coney Island Sewage Treatment Plant, and any acts preventing union employment. As modified, the order was affirmed without costs by Justices Lazansky, P. J., Hagarty, Davis, Johnston, and Close.

Examination Before TrialPre-trial DiscoveryOrder ModificationAffirmed OrderLabor DisputeEmployee RemovalWork StoppageRecord ProductionUnion EmploymentContract Disputes
References
0
Case No. ADJ 7762176
Regular
Nov 07, 2011

MARTIN ESPARZA vs. BARRETT BUSINESS SERVICES, INC.

This case concerns an applicant with an admitted industrial injury who was medically cleared for modified duty. The employer refused to rehire the applicant due to his inability to provide documentation of his legal U.S. work status, despite having available modified work. The applicant is receiving temporary disability benefits, which the employer seeks to terminate, arguing the applicant is partially disabled and his inability to work is due to immigration status, not the injury. The Workers' Compensation Judge recommended denying the employer's petition, citing that California law extends all state protections to employees regardless of immigration status.

Workers Compensation Appeals BoardTemporary Disability BenefitsLegally EmployableModified DutyAlternate WorkImmigration StatusUndocumented WorkerLawfully EmployedSocial Security NumberIndustrial Injury
References
3
Case No. MISSING
Regular Panel Decision

Parrales v. Wonder Works Construction Corp.

The plaintiff, who sustained personal injuries while working in an elevator shaft used for demolition debris disposal, appealed an order from the Supreme Court, Kings County. The initial order granted the defendants' motion for reargument and, upon reargument, vacated a prior order that had granted the plaintiff summary judgment on certain Labor Law § 241 (6) claims. The appellate court modified the order, reinstating summary judgment for the plaintiff on claims predicated on 12 NYCRR 23-1.7 (a)(1), 23-1.20, and 23-2.5 (a), finding the plaintiff had made a prima facie showing of entitlement. However, the court also awarded summary judgment to the defendants, dismissing the Labor Law § 241 (6) claim based on 12 NYCRR 23-2.1 (b), concluding that this provision lacked the specificity required for such a cause of action.

Personal InjuryLabor LawSummary JudgmentDemolition WorkConstruction AccidentFalling DebrisIndustrial CodeComparative NegligenceAppellate ReviewKings County
References
11
Case No. 2015 NY Slip Op 04773 [129 AD3d 471]
Regular Panel Decision
Jun 09, 2015

Serowik v. Leardon Boiler Works Inc.

Jozef Serowik, an employee of GDT, sustained severe hand injuries while lowering a heavy tank, which was part of a boiler installation. The incident led to claims under Labor Law sections. The Supreme Court, Bronx County, initially granted Serowik partial summary judgment on liability under Labor Law § 240 (1). Defendants appealed, and the Appellate Division, First Department, modified the Supreme Court's order. The appellate court dismissed Serowik's common law negligence and Labor Law § 200 claims, and granted conditional summary judgment on common law indemnification to the defendants. However, the Appellate Division affirmed the finding of liability against defendants under Labor Law § 240 (1), determining that Leardon Boiler Works Inc. could be held liable as an agent of the owner.

Labor LawWorkplace InjurySummary JudgmentIndemnificationAppellate ReviewGravity AccidentScaffolding LawOwner LiabilityContractor LiabilityProximate Cause
References
5
Case No. ADJ10647045
Regular
Mar 19, 2018

EDDIE GRIJALVA vs. BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior Findings and Order. The WCAB found the record insufficiently developed to determine entitlement to temporary disability benefits, particularly regarding the availability and nature of modified work offered. Conflicting testimony exists regarding whether applicant was terminated or refused modified work, necessitating further development of the record. The case is returned to the trial level for additional proceedings to address these issues.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderTemporary Total DisabilityTemporary Partial DisabilityModified WorkBurden of ProofAdmitted EvidenceModified Work OfferRefusal of Work
References
3
Case No. ADJ8130208
Regular
Jul 21, 2014

GENEVA AGUILAR vs. STAR AUTO PARTS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision ordering it to pay the Employment Development Department's (EDD) lien. The defendant argued that the applicant declined an offer of modified work, thus discharging their obligation to pay benefits. However, the WCAB denied the petition, finding that the employer failed to prove a concrete offer of modified work was made and refused by the applicant. The WCAB also remanded the case for further proceedings regarding other outstanding liens.

WCABFindings and AwardPetition for ReconsiderationlienEmployment Development Department (EDD)permanent disabilitytemporary disabilitymodified workwork restrictionsprimary treating physician
References
2
Showing 1-10 of 8,969 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