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. OAK 0255947
Regular
Jun 02, 2008

VALENTINO MUMFORD vs. HUGHES ENTERPRISES, INC., REPUBLIC INDEMNITY COMPANY

The Appeals Board granted reconsideration to address disputes over the applicant's average weekly earnings and the Board's jurisdiction to re-evaluate prior stipulations on earnings. The WCAB has deferred the issue of average weekly earnings and permanent disability indemnity rate, remanding the case to the trial level to determine if good cause exists to set aside prior stipulations on these matters. The Board clarified that earnings capacity for temporary and permanent disability awards may differ, and if stipulations are set aside, new findings must be supported by substantial evidence.

Labor Code section 5803ReopenAverage weekly earningsPermanent disabilityTemporary disabilityStipulation with Request for AwardPetition to ReopenNew and Further DisabilityGood CauseNicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (Macias)
References
6
Case No. MISSING
Regular Panel Decision

Fletcher v. Wegmans

Claimant sustained a work-related knee injury in November 2002. The Workers' Compensation Board calculated her average weekly wage at $398.49 by applying Workers' Compensation Law § 14 (3) and (4), as the claimant did not work a standard five or six-day week. The employer appealed, arguing improper statutory application. The appellate court affirmed the Board's decision, finding that the Board correctly utilized Workers' Compensation Law § 14 (3) to determine annual average earnings and subsequently Workers' Compensation Law § 14 (4) to establish the average weekly wage.

Work-related injuryAverage weekly wage calculationWorkers' Compensation Law § 14Statutory interpretationKnee injuryBoard decision affirmedWage calculation methodsAppellate reviewEmployer appealWorkers' Compensation benefits
References
3
Case No. MISSING
Regular Panel Decision

Claim of Barnard v. John Mezzalingua Associates, Inc.

The claimant sustained work-related injuries to both hands in 2004 and applied for workers’ compensation benefits. Initially, a Workers’ Compensation Law Judge set the average weekly wage at $447.10 using a 260-multiple. The employer appealed, arguing for a lower wage based on actual earnings. The Workers’ Compensation Board subsequently determined a miscalculation occurred and established the average weekly wage at $343.92, applying a 200-multiple under Workers’ Compensation Law § 14 (3) because the claimant did not work substantially the whole year. The Appellate Division affirmed the Board's decision, finding the 200-multiple accurately reflected the claimant's earning capacity, as she was a full-time employee who did not voluntarily limit her availability.

Workers' CompensationAverage Weekly WageWage CalculationSection 14MultiplierEarning CapacityAppellate ReviewBoard DecisionOccupational DiseaseNew York
References
5
Case No. MISSING
Regular Panel Decision
Feb 19, 1997

Till v. Chautauqua Opportunities, Inc.

The claimant, a private preschool teacher, suffered a compensable injury. The Workers’ Compensation Board calculated her average weekly wage based on Workers’ Compensation Law § 14 (1), asserting she worked “substantially the whole of the year” despite her 41-week annual employment. The employer contended this was irrational, arguing that predictable seasonal layoffs should be factored into the annual earnings calculation, preventing her from receiving benefits equivalent to a full-time, full-year employee. The court agreed, holding that the formula in Workers’ Compensation Law § 14 (1) was inapplicable when seasonal layoffs are a known incident of employment. Therefore, the average weekly wage should be calculated under subdivisions (3) and (4) of Workers’ Compensation Law § 14. The Board's decision was reversed, and the matter remitted for further proceedings consistent with the court's ruling.

Workers' CompensationAverage Weekly WageSeasonal EmploymentRemittiturStatutory InterpretationSection 14Appellate DivisionWage CalculationEmployment DurationBoard Decision Reversal
References
6
Case No. MISSING
Regular Panel Decision

Claim of Calise v. Hillside Carting, Inc.

Claimant, classified with a permanent partial disability after a 1994 injury, received reduced earnings benefits. In 2002, the State Insurance Fund (SIF) sought to terminate these benefits, arguing claimant's post-injury corporate profits should be included in his wage earning capacity. A Workers’ Compensation Law Judge initially reduced the award, but the Workers’ Compensation Board modified this, determining claimant's average weekly wage based on W-2s and tax returns, separating profits from earnings. On appeal, the court affirmed the Board's decision, emphasizing that business profits are not considered earnings for Workers' Compensation Law § 15 (5-a) purposes and upholding the Board's factual determination as supported by substantial evidence.

Workers' CompensationAverage Weekly WageReduced Earnings BenefitsPermanent Partial DisabilityCorporate ProfitsWage Earning CapacityTax ReturnsWorkers’ Compensation Law § 15(5-a)Appellate ReviewSubstantial Evidence
References
4
Case No. MISSING
Regular Panel Decision
Apr 03, 2000

Claim of Lesperance v. Gulf Oil Co.

The claimant, a former truck driver for Gulf Oil Company, developed bilateral torn rotator cuffs, diagnosed in September 1991, while working part-time for Susse Chalet. The Workers' Compensation Board ruled the condition an occupational disease, fixing the disablement date as September 3, 1991, and attributed it to employment with both Gulf and Susse Chalet, allowing Susse Chalet to pursue apportionment. The current appeal concerns the Board's decision from April 3, 2000, which established the claimant's average weekly wage based solely on employment with Susse Chalet. The claimant argued that due to the disease's degenerative nature and long employment with Gulf, wages from both employers should be considered for the average weekly wage. However, the Board's decision to base the average weekly wage solely on Susse Chalet employment was affirmed, citing Workers' Compensation Law provisions that define wage and average weekly wage based on employment at the time of injury and absence of provisions for successive employers.

Average Weekly Wage CalculationOccupational Disease ApportionmentDate of DisablementSuccessive Employment WagesRotator Cuff InjuryWorkers' Compensation Law InterpretationDegenerative DiseaseStatutory DefinitionsConcurrent Employment DistinctionBoard Decision Appeal
References
0
Case No. ADJ620656 (LAO 0765628) ADJ515169 (LAO 0765629)
Regular
Feb 18, 2010

SERGIO CHAIREZ vs. CHEROKEE BINDERY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration to CIGA, rescinding the WCJ's order that applicant's average weekly earnings were $900.00, which would have increased indemnity payments. The Board found the evidence insufficient to justify setting aside the parties' 2000 stipulation of $754.47 in weekly earnings, citing a lack of good cause such as mutual mistake. The case is remanded to the trial level for further development of the record regarding the accuracy of the stipulated earnings and whether there is good cause to overturn it. The check stubs submitted by the applicant raise a question, necessitating further proceedings to fully adjudicate the issue.

CIGAPaula InsuranceIntercare Insurance ServicesSergio ChairezCherokee Binderystipulationaverage weekly earningsreconsiderationrescindedWCJ
References
7
Case No. MISSING
Regular Panel Decision

Claim of Salinas v. Diner

A claimant, a waitress, suffered a fractured hip and filed for workers' compensation benefits. Her case was established for a work-related injury, and a hearing was held to determine her average weekly wage, specifically regarding tip income. The Workers' Compensation Board calculated her average weekly wage as $111.30 based on reported salary and tips. The claimant appealed, contending that unreported tip income of $266 should have been included, which would raise her average weekly wage to $199.97. The court affirmed the Board's decision, stating that Workers' Compensation Law § 14 and 12 NYCRR 357.1 [c] mandate that tip valuation be based on amounts reported to the employer, absent a specific agreement.

Workers' CompensationAverage Weekly WageTip IncomeUnreported IncomeWage CalculationWaitressFractured HipBoard Decision AppealStatutory InterpretationNYCRR
References
0
Case No. MISSING
Regular Panel Decision
Feb 17, 1977

Orbinati v. Utica Mutual Insurance

A claimant, employed as a physical education teacher and track/football coach by the Utica City School District, sustained an injury in August 1970. His average weekly wage was calculated to include his coaching stipend. Following his injury, he returned to his teaching role with restrictions that prevented him from coaching. Despite subsequent salary increments resulting in a higher overall salary than his pre-injury average weekly wage, the claimant contended he was experiencing reduced earnings due to the loss of his coaching allowance. The Workers’ Compensation Board and the referee affirmed there were no reduced earnings, concluding that his teaching and coaching constituted a single, integrated employment. This decision was subsequently affirmed without costs.

Workers' CompensationReduced EarningsAverage Weekly Wage CalculationDual EmploymentSingle EmploymentCoaching StipendUtica City School DistrictWorkers' Compensation LawAppellate DecisionInjury in Course of Employment
References
1
Case No. MISSING
Regular Panel Decision

Claim of House v. International Talc Co.

Arthur House suffered a compensable occupational disease in 1973, resulting in permanent total disability and received workers' compensation benefits based on his 1973 average weekly wage. He died in 1995 from lung disease. His widow, the claimant, filed for death benefits, contending the benefits should be calculated based on the average weekly wage of a comparable employee for the year preceding his death (March 17, 1994, to March 17, 1995). The Workers’ Compensation Law Judge and the Board, however, determined that death benefits should be calculated based on House's average weekly wage from the date of his original injury, April 5, 1973. This Appellate Division affirmed the Board's decision, interpreting Workers’ Compensation Law §§ 2, 14, and 38 to establish that the date of the original injury or accident is the basis for computing both disability and death benefits, not the date of death.

Death BenefitsAverage Weekly Wage CalculationOccupational DiseasePermanent Total DisabilityStatutory InterpretationDate of DisablementAppellate DivisionTalcosisClaimant's Widow
References
6
Showing 1-10 of 2,512 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