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. SFO 0492831
Regular
Jan 23, 2008

ELIAS MONTOYA vs. ASTON BARNES, INC., STATE COMPENSATION INSURANCE FUND

The Board granted reconsideration to clarify the application of Labor Code section 4656 regarding temporary disability indemnity limits. The Board held that "new and further" disability does not extend the 104-week limit under section 4656(c)(1), nor do spinal disc excisions and bone grafts qualify as "amputations" under section 4656(c)(2)(C). Consequently, the applicant is entitled to temporary disability indemnity only up to two years from the date of the first payment.

Workers' Compensation Appeals BoardElias MontoyaAston Barnes Inc.State Compensation Insurance FundSFO 0492831Opinion and Decision After ReconsiderationTemporary Disability IndemnityIndustrial InjuryThoracic SpineChest Injury
References
3
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. MISSING
Regular Panel Decision
Jan 12, 1998

Cataudella v. Kings Bay Housing Section II, Inc.

Plaintiff Alfred Cataudella sought damages for personal injuries, alleging a violation of Labor Law § 240 (1). Defendants Kings Bay Housing Section II, Inc., and Elm Management Co. moved for summary judgment to dismiss this claim, which was initially granted but later denied by the Supreme Court upon the plaintiffs' successful motion for renewal and reargument. On appeal, the higher court modified the lower court's decision, ruling that Labor Law § 240 (1) did not apply as the plaintiff's injuries were not from an elevation-related hazard. Consequently, the appellate court denied the plaintiffs' motion for renewal and reargument, thus effectively granting the defendants' motion for summary judgment and dismissing the Labor Law § 240 (1) claim. Furthermore, the third-party defendant Walcat Plumbing and Heating Corp.'s motion to vacate an order of default was affirmed.

Personal InjurySummary JudgmentAppealLabor Law § 240 (1)Elevation-Related HazardDefault JudgmentVacate DefaultProcedural LawNew York LawAppellate Division
References
4
Case No. 2025 NY Slip Op 02008 [237 AD3d 429]
Regular Panel Decision
Apr 03, 2025

Hartrum v. Montefiore Hosp. Hous. Section II Inc.

Plaintiff Kyle Hartrum, an employee of Electronic Service Solutions, Inc. (ESS), sustained severe arm lacerations while removing communications equipment from a building roof owned by Montefiore Hospital Housing Section II Inc. The accident occurred when a piece of sheet metal being hand-hoisted swung and struck him. The Appellate Division modified the lower court's decision, granting Hartrum summary judgment on his Labor Law § 240 (1) claim against Monte Housing, SBA Site Management, LLC, Flo TV Incorporated, and KMB Design Group, LLC. The court also dismissed Hartrum's Labor Law § 200 and common-law negligence claims against all defendants and granted several contractual indemnity claims among the parties, including Montefiore, SBA, Flo, KMB, and ESS.

Labor Law § 240(1) LiabilitySafe Place to WorkSummary Judgment GrantContractual IndemnificationConstruction Site AccidentHoisting SafetyAppellate Division ReviewLessor/Sublessor LiabilityMeans and Methods of WorkNegligence Dismissal
References
12
Case No. ADJ6609965, ADJ6827074
Regular
Apr 25, 2013

CHARLES MILLHORN vs. BARRETT BUSINESS SERVICES

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied reconsideration of an award for temporary disability benefits. The defendant argued that Labor Code Section 4656(c)(2) should apply, but the Board upheld the award under Section 4656(c)(1). This decision was based on the Agreed Medical Evaluator's opinion that both the 2007 and 2008 injuries contributed to the temporary disability. The Board also noted the applicant's attorney was admonished for attaching an exhibit already in evidence.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityLabor Code Section 4656(c)(1)Labor Code Section 4656(c)(2)Agreed Medical EvaluatorSpecific InjuryCumulative TraumaApportionmentEDD
References
2
Case No. ADJ3383028 (STK 0197218) ADJ8225159 ADJ3094525 (STK 0199499)
Regular
Nov 05, 2018

ARMANDINA MACHUCA vs. STOCKTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered by YORK SERVICES GROUP

The WCAB denied Stockton Unified School District's petition for reconsideration regarding an award of temporary total disability. The defendant argued the award in ADJ3383028 was improper due to the five-year limitation under Labor Code section 4656(b) and insufficient medical evidence. The Board affirmed the WCJ's finding that the March 4, 2004 injury contributed to the 2012 temporary disability period, and that section 4656(b) applies only to temporary partial disability. Furthermore, the Board clarified that the five-year reopening limitation does not apply in cases without a prior award of compensation.

Workers' Compensation Appeals BoardArmandina MachucaStockton Unified School DistrictPetition for ReconsiderationFindings of FactAward and Orderindustrial injuryspineright shoulderpsyche
References
1
Case No. ADJ2608381 (VNO 0557652)
Regular
Mar 15, 2010

LINDA HARRIS-BOYD vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE COMPANY

This case concerns the application of Labor Code section 4656(c)(1), which limits temporary disability indemnity to 104 weeks within a two-year period. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award because the administrative law judge (ALJ) incorrectly concluded that out-of-state compensation payments did not trigger the two-year limit. The WCAB clarified that section 4656(c)(1) applies to all temporary disability, regardless of whether it's total or partial, and includes payments made under foreign jurisdictions. The case was remanded for further proceedings to determine the commencement date of temporary disability payments and calculate any additional indemnity due.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year periodMichigan lawaggregate disability paymentstemporary partial disabilitytemporary total disabilitySB 899Industrial Disability Leave
References
10
Case No. ADJ1143788 (VNO 0517331) ADJ2670708 (VNO 0517332)
Regular
Jul 01, 2011

SANTIAGO SOTO vs. AUTOZONE, INC., U.S. F& G, Administered By GALLAGHER BASSETT

In this workers' compensation case, the applicant sustained two industrial injuries: one on December 22, 2003 (cervical spine, lumbar spine, left shoulder) and another on September 2, 2004 (right and left knees). The defendant sought reconsideration of the original award, arguing that temporary disability benefits for the earlier injury should be limited by Labor Code section 4656(c)(1). However, the Appeals Board affirmed the WCJ's decision, holding that the 104-week limitation under section 4656(c)(1) applies only to injuries occurring after its effective date of April 19, 2004. Since the applicant's first injury predates this date, the limitation does not apply to it, and benefits are awarded accordingly.

Workers' Compensation Appeals BoardAutoZone Inc.U.S. F& GGallagher BassettSantiago SotoAmended Joint Findings and AwardTemporary DisabilityPermanent DisabilityLabor Code section 4656Foster v. Workers' Comp. Appeals Bd.
References
2
Case No. MISSING
Regular Panel Decision

D'Ornellas v. Roger Maffei, Inc.

The claimant injured his neck in 1970, and despite medical bills being paid by the carrier, no compensation was issued due to a lack of disability exceeding seven days. The case was closed in 1973 after a Referee found no causal link between a subsequent laminectomy and the initial injury. In 1977, a new medical bill prompted the Workers’ Compensation Board to reopen the case, examining liability under Workers' Compensation Law sections 123 and 25-a. Both a Referee and the Board initially found these sections inapplicable. On appeal, the court affirmed the Board's decision regarding section 123 but reversed its finding on section 25-a, ruling the Special Fund for Reopened Cases liable, and remitted the matter for further proceedings consistent with this determination.

Workers' Compensation LawSpecial Fund LiabilityReopened CasesStatutory InterpretationWorkers' Compensation Law § 25-aWorkers' Compensation Law § 123Medical Expense LiabilityCausationDisabilityAppellate Review
References
4
Case No. ADJ6659926 ADJ6659223
Regular
Jan 06, 2012

MICHELLE JIMENEZ vs. DENCO SALES COMPANY, ACE PROPERTY AND CASUALTY COMPANY, ARGONAUT INSURANCE COMPANY

This case concerns applicant Michelle Jimenez's claim for additional temporary disability benefits for lumbar spine injuries sustained from a specific injury in July 2007 and a cumulative trauma injury ending in July 2008. The Appeals Board found that while the 2007 injury's temporary disability indemnity limit under Labor Code section 4656(c)(1) expired in August 2009, the applicant is entitled to remaining temporary disability under section 4656(c)(2) for the 2008 cumulative trauma injury. Because the applicant had only received 69 weeks of temporary disability for the cumulative trauma injury and is entitled to 104 weeks within five years of the injury date, she is awarded an additional 35 weeks of temporary disability indemnity prior to July 17, 2013.

Labor Code section 4656temporary disability indemnityaggregate disability paymentscompensable weeksperiod of two yearsperiod of five yearsdate of commencementdate of injurycumulative trauma injuryspecific injury
References
4
Showing 1-10 of 3,818 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