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. ADJ4631701
Regular
Oct 19, 2012

ROCIO SALINAS vs. TUTOR & SALIBA, INTERCARE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's previous decision in the case of Salinas v. Tutor & Saliba. The Board adopted the WCJ's report and returned the matter to the trial level for further proceedings and a new decision. This order is not a final decision on the merits, and parties retain the right to seek reconsideration of the future WCJ decision.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsWCJ DecisionTutor & SalibaIntercareADJ4631701OAK District OfficeOpinion and Order
References
0
Case No. 2019 NY Slip Op 02370
Regular Panel Decision
Mar 27, 2019

Salinas v. 64 Jefferson Apts., LLC

This case involves a personal injury action brought by Jose Salinas against 64 Jefferson Apartments, LLC, alleging a violation of Labor Law § 240 (1). The defendant asserted affirmative defenses, claiming protection under Workers' Compensation Law as an alter ego or special employer. The Supreme Court initially denied summary judgment on these defenses for the plaintiff. However, the Appellate Division modified the Supreme Court's order, granting the plaintiff's cross-motion for summary judgment to dismiss the alter ego and special employer defenses. The Appellate Division affirmed the grant of summary judgment to the plaintiff on the Labor Law § 240 (1) cause of action and the dismissal of the recalcitrant worker defense.

Personal InjuryLabor LawWorkers' Compensation LawSummary JudgmentAlter Ego DefenseSpecial Employer DefenseRecalcitrant Worker DefenseAppellate DivisionStatutory ViolationSafety Devices
References
35
Case No. 530021, 531210
Regular Panel Decision
Dec 23, 2021

In the Matter of the Claim of Michel Salinas

The case involves appeals from decisions of the Workers' Compensation Board concerning a claim for work-related injuries by Michel Salinas. The WCLJ initially identified Power Services Solutions LLC as the employer and Everest National Insurance Company as the carrier, despite a printing error on the notice of hearing. Everest's appeal to the Board was denied as untimely, a decision subsequently upheld by the full Board. The Appellate Division found that the Board abused its discretion in denying Everest's application for review, citing defective or misleading correspondence and strong evidence suggesting a fraudulent certificate of insurance. The court reversed the Board's decision and remitted the matter for further proceedings, emphasizing the Board's responsibility to investigate potential fraud.

Workers' CompensationAppellate ReviewTimeliness of AppealAbuse of DiscretionFraudulent DocumentsInsurance CoverageEmployer IdentificationNotice RequirementsAdministrative LawWork-Related Accident
References
20
Case No. 2021 NY Slip Op 07321
Regular Panel Decision
Dec 23, 2021

Matter of Salinas v. Power Servs. Solutions LLC

The case involves a workers' compensation claim by Michel Salinas, which identified Power Services Solutions LLC as the employer and Everest National Insurance Company as the carrier. Everest's appeal to the Workers' Compensation Board was denied as untimely despite concerns about deficient notice and a potentially fraudulent certificate of insurance. The Appellate Division, Third Department, reversed the Board's decision, finding an abuse of discretion given the strong evidence of fraud and the flawed communication to Everest. The matter was remitted to the Board for further proceedings to investigate the fraud allegations. The court emphasized that the Board should not ignore legitimate evidence of fraud.

Workers' Compensation LawAppellate DivisionBoard DiscretionTimeliness of AppealFraudulent Insurance CertificateNotice RequirementsEmployer IdentificationCarrier LiabilityRemittalAbuse of Discretion
References
25
Case No. SAL 0084267, SAL 0084268, SAL 0090529
Regular
Jan 04, 2008

LARRY MYERS vs. CITY OF SALINAS

In this workers' compensation case, the defendant City of Salinas sought reconsideration of an award granting the applicant, a police captain, 84% permanent disability and lifelong pension. The defendant argued for apportionment of disability to non-industrial causes, disputing the applicability of the Labor Code section 3213.2 "duty belt" presumption. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant had previously stipulated to the presumption's applicability and that the applicant independently qualified for it based on his employment history and duty belt usage.

Workers' Compensation Appeals BoardLarry MyersCity of SalinasFindings Award OrdersWCJindustrial injuriesleft kneelower extremitiesspineleft shoulder
References
2
Case No. ADJ10255624, ADJ8451821
Regular
Aug 15, 2016

CYNTHIA DUNCAN vs. SALINAS VALLEY MEMORIAL HOSPITAL

This case involves a petition for reconsideration filed by the defendant, Salinas Valley Memorial Hospital, regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration. This action is intended to allow the WCAB sufficient time to further review the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition for reconsideration must be filed directly with the WCAB Commissioners, not district offices or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level Documents
References
0
Case No. ADJ4570795 (SAL 066339)
Regular
Nov 08, 2010

DOMINICK TAORMINA vs. CITY OF SALINAS, ET AL.

This Workers' Compensation Appeals Board case concerns Dominick Taormina versus the City of Salinas. The Board granted the defendant's request to file a supplemental petition, allowing them to respond to the Workers' Compensation Judge's (WCJ) report and recommendations. However, the Board denied the defendant's petition for reconsideration of the July 20, 2010 Findings and Order, adopting the WCJ's reasoning. Additionally, Westport Insurance Company was admonished for exceeding page limits in their answer without prior permission.

WCABSupplemental PetitionPetition for ReconsiderationWCJ ReportWestport Insurance CompanyCCR 10848CCR 10845Findings and OrderService by Mail
References
0
Case No. ADJ8489417, ADJ8004557, ADJ8004568
Regular
Jun 30, 2015

ROCIO LUMBRANO vs. VOORTMANS EGG RANCH, IMPERIUM INSURANCE COMPANY

This Workers' Compensation Appeals Board case involves applicant Rocío Lumbrano against Voortmans Egg Ranch and Imperium Insurance Company. The Board dismissed the applicant's petition for reconsideration on procedural grounds. The Board also initiated removal proceedings on its own motion and issued a notice of intention to sanction the applicant and/or her representative for engaging in frivolous litigation.

Rocio LumbranoVoortmans Egg RanchImperium Insurance CompanyADJ8489417ADJ8004557ADJ8004568Pomona District OfficePetition for ReconsiderationDismissing PetitionGranting Removal
References
0
Case No. ADJ19399039
Regular
Aug 11, 2025

CHRISTOPHER BRABANT vs. SALINAS UNION HIGH SCHOOL DISTRICT, INTERCARE

Applicant Christopher Brabant, a teacher, sustained a psyche injury (PTSD) on January 9, 2024, after witnessing his daughter's injury at work. The defendant, Salinas Union High School District, filed a Petition for Reconsideration of the May 16, 2025 Findings, Award, and Order, arguing that industrial factors were not the predominant cause. The Workers' Compensation Appeals Board denied the petition, affirming that the injury arose out of and in the course of employment, as the workplace was integral to the traumatic event and subsequent triggers related to applicant's teaching responsibilities.

PSYCHIATRIC INJURYAOE/COEPREDOMINANT CAUSEACTUAL EVENTS OF EMPLOYMENTPSYCHE PANEL QMEPOST-TRAUMATIC STRESS DISORDERWCJ REPORTLABOR CODE 3208.3SUBSTANTIAL MEDICAL EVIDENCEATASCADERO UNIFIED SCHOOL DIST. V. WCAB
References
10
Case No. ADJ3415466 (BAK 0149054)
Regular
Apr 17, 2009

Candido Salinas vs. Defense Support Servjaig Claims, Lockheed Martin/ESIS

The Workers' Compensation Appeals Board granted reconsideration to find that Candido Salinas sustained a single cumulative trauma injury for bilateral hearing loss ending on his last day of employment, April 26, 2006. Consequently, liability for benefits was placed on Defense Support Services and its insurer, American Home Assurance, reversing the prior finding that the injury date was 2003. This decision determined that the applicant's continued exposure to noise after noticing hearing loss, and subsequent progression of the condition, established the later date of injury. The award was amended to reflect this new finding, including reimbursement for self-procured hearing aids and attorney fees.

Cumulative traumaDate of injuryStatute of limitationsApportionmentPermanent disabilityBilateral hearing lossIndustrial injuryWorkers' compensationLockheed MartinDefense Support Services
References
15
Showing 1-10 of 42 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