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. MISSING
Regular Panel Decision

Anthony L. Jordan Health Corp. v. Axelrod

The Anthony L. Jordan Health Center, a not-for-profit corporation, challenged the New York State Department of Health's recalculation of its Medicaid reimbursement rates for the 1983-1984 and 1984-1985 periods. Following an appeal, the parties entered into a stipulation agreement. However, the Department, while recalculating the rates in accordance with the stipulation, unilaterally changed the group composition, resulting in a significant negative adjustment and recoupment from Jordan. The court determined that this regrouping constituted an 'error of judgment,' not a permissible correction for mathematical error or an audit finding. Consequently, the court found that the Department did not have the right to retroactively adjust the rates based on this discretionary change. The petition was granted.

Medicaid ReimbursementRate RecalculationAdministrative ReviewStipulation AgreementError of JudgmentGroup CompositionRetroactive AdjustmentHealth Care LawJudicial ReviewDepartment of Health
References
5
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. MISSING
Regular Panel Decision
Nov 29, 2001

Claim of Caiazza v. Eastman Kodak Co.

The claimant, a former machinist, developed skin cancer in 1990 and later lung and brain cancers in 2000, attributed to occupational exposure. Following his retirement in 2001, the employer conceded the lung and brain cancers were consequential to the initial skin cancer. A Workers' Compensation Law Judge (WCLJ) found the claimant permanently totally disabled and awarded weekly benefits of $300, based on the original skin cancer disablement date of February 27, 1986. The claimant sought Workers' Compensation Board review, arguing for an April 24, 2000 disablement date (diagnosis of lung/brain cancers) to receive higher benefits of $400/week. The Board affirmed the WCLJ's decision, citing the claimant's prior stipulation to modify the original claim for consequential injuries and established law that such awards are measured by rates at the time of the original injury. The appellate court affirmed the Board's decision, finding it was not unreasonable to rely on the claimant's agreement and that the award rate was supported by substantial evidence.

Occupational DiseaseWorkers' Compensation BenefitsDate of DisablementBenefit Rate CalculationConsequential InjurySkin CancerLung CancerBrain CancerPermanent Total DisabilityAppellate Review
References
4
Case No. ADJ10067186
Regular
Jun 06, 2019

MICHAEL BEDIG vs. CANTRELL'S COMPUTER SALES AND SERVICE, AMERICAN CASUALTY COMPANY

This case concerns Michael Bedig's petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) determined Bedig sustained injury to his neck and left upper extremity, resulting in 20% permanent disability and a specific weekly indemnity rate. Bedig sought to overturn this, arguing the ALJ erred by relying on stipulated earnings from a pre-trial conference statement, which he claimed were entered into by mistake and that his actual earning capacity should have been used. The Workers' Compensation Appeals Board denied reconsideration, finding that Bedig had repeatedly stipulated to his earnings and indemnity rate, failed to object to these stipulations at trial or subsequently, and did not demonstrate sufficient grounds to set aside a unilateral mistake.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityStipulationsPre-trial Conference StatementEarnings CapacityAverage Weekly WageIndemnity Rate
References
0
Case No. ADJ17547374
Regular
Oct 16, 2025

WARREN P. HARVEY vs. SOCAL MACHINE, INC., TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board considered applicant Warren P. Harvey's petition for reconsideration regarding the equitable hourly reimbursement rates for in-home health care provided by his spouse, asserting errors in the WCJ's rate calculation and attorneys' fees. After an unsuccessful settlement conference, the parties filed Stipulations With Request for Award, agreeing to permanent total disability and further medical treatment for the applicant, though these stipulations did not resolve the reconsideration issues. The Board approved these stipulations, finding them adequate and in the applicant's best interest, and issued an award based upon them, which included specific disability indemnity, medical treatment, and attorney's fees. The Board also commended the parties for resolving some important issues and urged them to continue efforts on the remaining disputes.

Equitable hourly reimbursement ratesIn-home health careCaregiver dutiesNursing dutiesCommunity HHC providerPetition for reconsiderationStipulations With Request for AwardPermanent total disabilityTemporary disability indemnityAttorneys' fee
References
0
Case No. MISSING
Regular Panel Decision

People v. Young

An attorney representing an indigent defendant in Monroe County filed an application seeking reimbursement for legal services at a rate of $200 per hour, mirroring the rate charged by the Special Prosecutor, rather than the statutory rates under County Law § 722-b. The attorney argued that the significant disparity in hourly compensation violated the defendant's right to equal protection and that his qualifications justified the requested rate. The New York State Association of Criminal Defense Lawyers supported the application as amicus curiae, while Monroe County opposed it, arguing the request was untimely and lacked extraordinary circumstances. Presiding Judge Donald J. Mark, J., acknowledged the court's authority to grant compensation in excess of statutory limits under extraordinary circumstances but ultimately denied the application. The denial was based on the court's reasoning that an analogous argument was previously rejected, that linking assigned counsel rates to prosecutor rates would render County Law § 722-b ineffective, and that extraordinary circumstances could not be demonstrated prior to the conclusion of the criminal action. The court, however, reserved the right to reconsider an increased hourly fee upon the case's termination if such circumstances are then proven.

Assigned CounselLegal Aid CompensationCounty Law Section 722-bHourly Rate DisputeSpecial Prosecutor FeesIndigent RightsJudicial DiscretionExtraordinary CircumstancesMonroe County LawEqual Protection Challenge
References
16
Case No. FRE 0242537
Regular
Jul 18, 2007

MICHAEL DWYER vs. MERCED COMMUNITY COLLEGE

The Workers' Compensation Appeals Board granted reconsideration of a stipulated award due to a suspected clerical error in calculating the total permanent disability indemnity. The defendant argued the awarded amount was incorrect based on the stipulated permanent disability percentage and indemnity rate. The Board rescinded the award and returned the case to the trial level for further proceedings to correct the error or determine the applicable rating schedule.

Stipulated AwardReconsiderationClerical ErrorPermanent Disability IndemnityRating ScheduleLabor Code Section 5702Stipulations With Request For AwardWCJWCABIndustrial Injury
References
0
Case No. OAK 0280463
Regular
Dec 12, 2007

MICHAEL ELDERKIN vs. RCC CONSTRUCTORS AND CIGA BY BROADSPIRE SERVICES FOR LEGION INSURANCE COMPANY, IN LIQUIDATION

This case concerns a worker's compensation applicant seeking reconsideration of an award that set his average weekly wage below the maximum rate. The Appeals Board granted reconsideration, finding that the defendant failed to demonstrate good cause to withdraw from a prior stipulation between the parties establishing the applicant's earnings at the maximum rate. The Board emphasized that stipulations should be upheld unless there is clear evidence of mistake or inadvertence, not simply an unfavorable outcome for a party.

Workers' Compensation Appeals BoardMichael ElderkinRCC ConstructorsCIGABroadspire ServicesLegion Insurance CompanyIron FabricatorIndustrial InjuryBack InjuryHip Injury
References
2
Case No. ADJ10223508
Regular
Jul 25, 2017

ELLA YEGHIAZARYAN vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES-IHSS, YORK RISK SERVICES GROUP

This case concerns a workers' compensation claim where the defendant sought reconsideration of an original award finding temporary total disability and setting an indemnity rate. The parties subsequently agreed to stipulate to a revised date of injury and a new, lower weekly indemnity rate for temporary total disability. The Appeals Board granted reconsideration and amended the original award to reflect these stipulations, otherwise affirming the WCJ's original findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersWorkers' Compensation JudgeTemporary Total DisabilityDate of InjuryAverage Weekly WageIndemnity RateIn-Home Supportive ServicesState of California Department of Social Services
References
0
Case No. ADJ9054986
Regular
Nov 04, 2015

CARLOS GARCIA vs. KEY ENERGY SERVICES, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves a remand from the Fifth District Court of Appeal to the Workers' Compensation Appeals Board (WCAB). The WCAB is reconsidering a prior award and amending it to defer issues of earnings rate, temporary disability indemnity rate, and total temporary disability indemnity. These deferred issues will be determined by the workers' compensation judge (WCJ) based on the parties' proposed stipulations. The matter is returned to the WCJ to approve the stipulations and issue a new award accordingly.

Workers' Compensation Appeals BoardFifth District Court of AppealRemandStipulationFindings and AwardEarnings RateTemporary Disability IndemnityRescindReconsiderationWorkers' Compensation Judge
References
0
Showing 1-10 of 2,699 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