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Case Law Database

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

Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
References
3
Case No. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
5
Case No. MISSING
Regular Panel Decision
Feb 10, 1977

Hernandez v. Frangella Bros.

This case involves an appeal from a Workers' Compensation Board decision that found the decedent's father to be a dependent of the deceased employee under the Workers' Compensation Law. The claimant, the decedent's father, had a prior injury and consistently received financial support from his son, ranging from $15 to $60, totaling over $2,000 in the year before the son's death. The Board inferred that the father's standard of living was detrimentally affected by the loss of these contributions. The court affirmed the Board's determination, holding that questions of dependency and contribution are factual for the Board, and in this instance, there was substantial evidence to support their finding. Costs were awarded to the Workers' Compensation Board against the employer and its insurance carrier.

Dependency claimWorkers' Compensation BoardAppellate DivisionParental dependencyFinancial contributionsSubstantial evidenceQuestion of factAffirmed decisionDeceased employee
References
2
Case No. 08-15-00383-CV
Regular Panel Decision
Feb 14, 2018

Heriberto Salas, Individually and D/B/A Iceland Refrigeration v. Total Air Services, LLC

This case involves an appeal concerning an employee's breach of fiduciary duty to an employer by operating a competing business while still employed. Heriberto Salas, working for Total Air Services, LLC, founded and ran Iceland Refrigeration, actively soliciting and securing projects that sometimes directly competed with Total Air. A jury found Salas liable for breach of fiduciary duty and awarded lost profits. The Court of Appeals affirmed the finding of liability, stating Salas owed a fiduciary duty due to his managerial role and competitive actions. However, the court found the evidence for some claimed lost profits insufficient and suggested a remittitur of $15,260.47. If the remittitur is accepted, the judgment will be modified and affirmed; otherwise, the case will be remanded for a new trial.

Employee BreachFiduciary DutyCompetitionEmployer-Employee RelationshipLost ProfitsRemittiturAt-Will EmployeeBusiness OpportunitiesTexas Court of AppealsJudicial Review
References
40
Case No. 11-24-00054-CV
Regular Panel Decision
Feb 12, 2026

Lone Star Well Service LLC v. RMTDC Operations D/B/A Total Energy Services, LLC and Daniel Ramirez

This appeal concerns the application of the Texas Oilfield Anti-Indemnity Act (TOAIA) to an oilfield indemnity agreement. Lone Star Well Service LLC appealed a judgment that obligated it to defend and indemnify RMTDC Operations d/b/a Total Energy Services, LLC and Daniel Ramirez. The appellate court affirmed that Total and Ramirez are third-party beneficiaries to Lone Star's Master Services Agreement with Parsley Energy Operations, LLC, and thus are covered by the mutual, insurance-backed indemnity obligations. However, the court reversed the judgment in part, remanding the case to the trial court to determine the specific amount and limitation of Lone Star's indemnity obligation.

Oilfield Anti-Indemnity ActIndemnity AgreementThird-Party BeneficiaryContractual InterpretationMutual Indemnity ObligationInsurance CoverageAppellate ReviewDeclaratory JudgmentAttorney's FeesRipeness Doctrine
References
47
Case No. ADJ1298520
Regular
Dec 24, 2010

CLUSEGUN AFOLAYAN (DECEASED), OLUWASEUN AFOLAYAN, et al vs. STATE OF CALIFORNIA CDCR, CALIFORNIA REHABILITATION CENTER, Legally Uninsured, SCIF/STATE CONTRACTS

In this workers' compensation case, the Appeals Board reconsidered a WCJ's award of dependency benefits to three adult children of a deceased worker. The WCJ had awarded $192,000 total, based on the children being total dependents despite the widow electing CalPERS benefits which typically bar other death benefits. The Board agreed that the adult children are entitled to benefits under Labor Code section 4702, as the widow's CalPERS election does not necessarily exclude other dependents with good cause. However, the Board disagreed with the WCJ's calculation method and remanded the case for a new decision, directing the adult children to divide the difference between the maximum benefit for a widow with dependents and the benefit for a widow without dependents.

Workers' Compensation Appeals BoardDependency benefitsLabor Code Section 4702Adult childrenDeath benefitsLabor Code Section 4707CalPERS special death benefitGood causeTotal dependentsWidow's benefits
References
1
Case No. ADJ8007911
Regular
Dec 24, 2012

Matthew Maxwell (Deceased) vs. FIRECODE SAFETY EQUIPMENT, INC., OAK RIVER INSURANCE COMPANY

This case concerns appeals regarding workers' compensation death benefits for Matthew Maxwell's dependents. The primary dispute involves whether Matthew Maxwell Jr., the decedent's son, qualifies for the special minor death benefit under Labor Code section 4703.5, given his mother is a totally dependent spouse. The Appeals Board denied the daughter's petition for reconsideration and dismissed the insurer's petition as untimely, affirming the WCJ's award of the special minor benefit to Matthew Maxwell Jr. A commissioner dissented, arguing Matthew Maxwell Jr. is excluded from the benefit because his mother is a surviving totally dependent parent.

Workers' Compensation Appeals BoardMatthew MaxwellFirecode Safety EquipmentOak River InsuranceADJ8007911ReconsiderationFindings and AwardTotally Dependent MinorLabor Code Section 3501Labor Code Section 4703.5
References
3
Case No. MISSING
Regular Panel Decision

Brennan v. Bally Total Fitness

Kathryn Brennan filed a civil rights action against her former employer, Bally Total Fitness Corp., alleging sexual harassment under Title VII and disability discrimination under the ADA. Bally moved to dismiss the complaint as untimely and to compel arbitration based on its Employee Dispute Resolution Procedure (EDRP). The court denied Bally's motion to dismiss the Title VII claim, applying the 'continuing-violation exception' due to Brennan's allegations of ongoing harassment. The court also denied Bally's motion to compel arbitration, finding Bally's unilateral modifications to the EDRP invalid and raising questions of unconscionability regarding the original EDRP. The case is remanded for jurisdictional discovery and a possible hearing to determine the validity of the arbitration agreement.

Civil RightsSexual HarassmentDisability DiscriminationTitle VIIAmericans with Disabilities Act (ADA)Arbitration AgreementFederal Arbitration Act (FAA)Motion to DismissMotion to Compel ArbitrationContinuing Violation Exception
References
27
Case No. MISSING
Regular Panel Decision

Garcia v. Total Oilfield Services, Inc.

The appellants, comprising the surviving widow and minor children of Jose Alejo Garcia, appealed the trial court's dismissal of their cause of action against Total Oilfield Services, Inc. Jose Alejo Garcia died in an industrial accident in Oklahoma while employed by the appellee. The appellants sought exemplary damages under the Texas Constitution, having already received Oklahoma workers' compensation benefits. The trial court dismissed the case for lack of subject matter jurisdiction, but the appellate court reversed and remanded, finding that Texas courts had jurisdiction and that Texas law, allowing extraterritorial application of wrongful death actions, should apply despite Oklahoma's exclusive remedy provision. The court also determined that Texas had a superior governmental interest in the case, outweighing Oklahoma law under full faith and credit principles and the "most significant relationship" choice-of-law rule.

Workers' CompensationWrongful DeathExemplary DamagesConflict of LawsSubject Matter JurisdictionFull Faith and CreditTexas ConstitutionOklahoma LawExtraterritorial ApplicationElection of Remedies
References
14
Case No. 04-24-00516-CV & 04-24-00521-CV
Regular Panel Decision
Aug 13, 2025

B&T Dependable Services, LLC and Bernell Gardener v. Edward Santos

Edward Santos, performing work for B&T Dependable Services, LLC, was injured in a truck accident. B&T had workers' compensation coverage, and Texas Mutual Insurance Company provided Santos benefits. Santos subsequently sued B&T and Bernell Gardener for negligence, disputing his employment status. An administrative law judge (ALJ) previously ruled Santos was an employee, and Santos did not appeal this decision. Appellants filed a plea to the jurisdiction and a motion for summary judgment, arguing that the exclusive remedy provision of the Texas Labor Code and the doctrine of election of remedies barred Santos's lawsuit. The appellate court affirmed the trial court's denial of the plea to the jurisdiction, citing recent Supreme Court precedent that the Division of Workers' Compensation does not hold exclusive jurisdiction over negligence claims not predicated on entitlement to benefits. The court also affirmed the denial of the motion for summary judgment, concluding that appellants failed to conclusively prove every element of their affirmative defense of election of remedies.

Workers' Compensation LawNegligence ClaimExclusive Remedy DoctrineElection of RemediesSubject Matter JurisdictionAppellate Court ReviewSummary Judgment DenialTexas Labor CodeEmployment Status DisputeAdministrative Remedies Exhaustion
References
19
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