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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ6766227
Regular
Mar 25, 2013

DAVID CASE vs. CITY OF FRESNO

The Workers' Compensation Appeals Board denied the City of Fresno's petition for reconsideration. The Board affirmed the prior finding that the applicant sustained cumulative industrial injuries of throat/tongue and prostate cancer while employed as a police officer for the City of Fresno. Despite the prostate cancer manifesting after applicant's employment with the City ended, the Board found the City liable based on the long latency period of the cancer and the applicant's presumed exposure to carcinogens during his employment. The defendant failed to rebut the Labor Code section 3212.1 presumption of liability.

Workers' Compensation Appeals BoardDavid CaseCity of Fresnocumulative industrial injurythroat cancertongue cancerprostate cancerpolice officerLabor Code section 3212.1presumption of compensability
References
2
Case No. MISSING
Regular Panel Decision

Robare v. Fortune Brands, Inc.

This case involves an appeal from an order of the Supreme Court in Clinton County, which granted the defendants' motions for summary judgment, thereby dismissing the plaintiff's complaint. The plaintiff alleged that they contracted throat and tongue cancer as a result of smoking the defendants' cigarettes from 1961 to 1991. The primary issue on appeal was whether the doctrine of equitable estoppel should prevent the defendants from using the three-year statute of limitations as a defense. The appellate court affirmed the lower court's decision, concluding that the plaintiff failed to establish grounds for equitable estoppel. This was because the plaintiff had timely awareness of the facts requiring further inquiry before the statute of limitations expired, and did not demonstrate a unique fiduciary relationship with the defendants.

Equitable EstoppelStatute of LimitationsSummary JudgmentCancer LitigationSmoking Related IllnessFiduciary RelationshipMisrepresentationAppellate ReviewCivil Procedure
References
14
Case No. MISSING
Regular Panel Decision

People v. Sumpter

This criminal case concerns a defendant's conviction for third-degree sexual abuse. The evidence showed the defendant "confronted" a co-worker, grabbed and caressed her buttocks through clothing, and attempted to kiss her with his tongue, despite her protests. The court affirmed the conviction, finding the defendant's conduct legally sufficient to infer an intent for sexual gratification under Penal Law § 130.55, which defines sexual contact as any touching of intimate parts for sexual desire. The dissenting opinion argued that the incident was an isolated, unrequited overture between co-workers, lacked sufficient evidence of sexual gratification intent, and thus the verdict was against the weight of the evidence. However, the majority emphasized that the sexual gratification element could be inferred from the perpetrator's actions, and the complainant's testimony was credible.

Sexual Abuse Third DegreePenal Law Section 130.55Sexual ContactSexual GratificationWithout ConsentWorkplace IncidentCriminal ConvictionSufficiency of EvidenceWeight of EvidenceAppellate Review
References
21
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