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. ADJ2759696 (VNO 0492027)
Regular
Oct 11, 2010

WOON YOUNG PARK vs. FILM PAYMENT SERVICES, INC., CHARTIS INSURANCE

The Board granted reconsideration, rescinding the WCJ's decision on the defendant's credit for overpaid temporary disability. The defendant is allowed credit for temporary disability payments made from March 26, 2009, to June 3, 2009, at the temporary disability rate. Further credit is granted for payments made from June 4, 2009, to December 7, 2009, at the permanent disability rate of $185.00 per week. The Board denied further credit due to insufficient evidence regarding post-AME report overpayments.

Petition for ReconsiderationPermanent DisabilityTemporary DisabilityCreditStipulated AwardAgreed Medical ExaminationPermanent and StationarySection 4909Abuse of DiscretionDue Process
References
0
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. SDO 0328208
Regular
Mar 17, 2008

ARMANDO ADAME vs. AUTOMOTIVE ENGINEERED PRODUCTS, INC. (dba JBA HEADERS), ZENITH INSURANCE COMPANY

The Appeals Board clarified that for Labor Code section 4656(c)(1) purposes, the commencement of temporary disability payments is the date the employer first mails a temporary disability indemnity check, not when EDD benefits begin. Furthermore, EDD benefits, even if reimbursed by the employer, do not count towards the 104-week cap on temporary disability payments. Consequently, the employer's liability for further temporary disability payments extends from the date of the first actual indemnity payment until October 6, 2007.

Workers Compensation Appeals BoardArmando AdameAutomotive Engineered ProductsZenith Insurance CompanyLabor Code section 4656(c)(1)Temporary Total DisabilityTemporary Disability IndemnityEmployment Development DepartmentUnemployment Compensation DisabilityHawkins v. Amberwood Products
References
2
Case No. SAC 0340252
Regular
Oct 24, 2007

ROY HOWARD vs. MERCER STAFFING, aka AMERICAN STAFF RESOURCES, CASCADE NATIONAL INSURANCE, in liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns whether temporary disability payments should extend indefinitely after an industrial back and shoulder injury. The Appeals Board determined that Labor Code section 4656(c)(1) limits aggregate temporary disability payments to 104 weeks within a two-year period from the *first payment* of temporary disability, not the date disability is owed. Therefore, the award was amended to terminate payments on January 28, 2007, the two-year anniversary of the initial payment.

Labor Code section 4656(c)(1)temporary disability indemnitydate of commencement of temporary disability payment104 compensable weeksaggregate disability paymentspetition for reconsiderationFindings and AwardWorkers' Compensation Appeals Boardindustrial injurytruck driver
References
1
Case No. ADJ4254212 (SAC 0369491) ADJ3966016 (SAC 0369493)
Regular
Jul 19, 2010

Salem Najjar vs. MEEKS BUILDING CENTER, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that a payment for attending a medical-legal examination under Labor Code section 4600(e)(1) does not trigger the 104-week limit on temporary disability indemnity under Labor Code section 4656(c)(1). The Board clarified that such payments are for wage loss reimbursement, not a commencement of actual temporary disability, distinguishing it from prior cases where other benefit types functionally served as temporary disability. The case was remanded to determine the actual date temporary disability payments began to establish the correct duration of benefits. Applicant's claim for temporary disability from March 17, 2009, and continuing will be re-evaluated.

Labor Code section 4656(c)(1)temporary disability indemnity104 week limitationmedical examinationQualified Medical Evaluation (QME)wage lossreconsiderationWCJLabor Code section 4600(e)(1)aggregate disability payments
References
5
Case No. 2018 NY Slip Op 05652 [164 AD3d 1000]
Regular Panel Decision
Aug 02, 2018

Matter of Robinson v. Workmen's Circle Home

Barbara Robinson, a certified nurse's assistant, filed a claim for workers' compensation benefits for a work-related right shoulder injury in 2011. She received temporary disability payments totaling $133,807.48. In 2016, a Workers' Compensation Law Judge (WCLJ) awarded her a 42.50% schedule loss of use (SLU) to her right arm, amounting to $102,494.50, less prior payments. Robinson appealed the WCLJ's decision, arguing that the employer's carrier should not be credited for temporary partial disability payments against the SLU award. The Workers' Compensation Board disagreed, ruling that the carrier could credit all prior disability payments. The Appellate Division, Third Department, affirmed the Board's decision, finding no basis to differentiate between temporary total and temporary partial disability payments for credit purposes, thereby preventing an unjustifiable double recovery for the claimant.

Workers' CompensationSchedule Loss of UseTemporary Disability PaymentsCreditDouble RecoveryAppellate DivisionWork-Related InjuryRight Shoulder InjuryCarrier ReimbursementLegal Precedent
References
7
Case No. GOL 099368
Regular
Aug 10, 2007

JOSE ALBERTO vs. ALLIED WASTE INDUSTRIES, INC., AIG CLAIM SERVICES

This case concerns a workers' compensation applicant injured in 2004. The Workers' Compensation Appeals Board amended an award to limit temporary disability payments to 104 weeks within two years of the *first payment* of temporary disability, not the date the disability was owed. This decision clarifies that liability for temporary disability under Labor Code section 4656(c)(1) begins from the actual date of payment.

Temporary Disability IndemnityLabor Code Section 4656(c)(1)Date of Commencement of Temporary Disability PaymentAggregate Disability Payments104 Compensable WeeksTwo-Year PeriodPetition for ReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryBack Injury
References
1
Case No. GOL 98805
Regular
Aug 14, 2007

ILDELISA VARGAS vs. NATURE'S WEST, HORTICA INSURANCE COMPANY

This case involves a dispute over the duration of temporary disability indemnity payments. The Appeals Board granted reconsideration to address the defendant's contention that the claimant was improperly awarded temporary disability payments beyond the two-year statutory limit. The Board rescinded the prior award and remanded the case to determine the initial date of temporary disability payments, clarifying that the two-year/104-week limit begins from the defendant's first payment, not subsequent intermittent ones.

WCABReconsiderationTemporary Disability104 weekstwo-year limitLabor Code § 4656(c)(1)Hawkins v. Amberwood ProductsHamilton v. Lockheed Corp.WCAB Rule 10566(c)commencement of temporary disability payment
References
2
Case No. ADJ4250207
Regular
Sep 14, 2022

MAHEALANI MAHEALANI vs. CITY OF SAN JOSE, INTERCARE

This case involves an applicant seeking workers' compensation benefits from the City of San Jose. The applicant and the defendant both petitioned for reconsideration of the initial findings and award regarding temporary and permanent disability indemnity and attorney's fees. The Appeals Board granted reconsideration to address these issues. The Board affirmed the attorney's fees award but amended the findings to credit the defendant for previously paid temporary and permanent disability indemnity payments. Additionally, the Board clarified that permanent disability payments commence the day after the last temporary disability payment.

ADJ4250207ADJ6554121ADJ171328ADJ2689808temporary disability indemnitypermanent disability indemnityattorney's feescompanion casescreditreconsideration
References
3
Showing 1-10 of 8,831 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