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
Aug 08, 1996

Rochelle G. v. Harold M. G.

This divorce action concerns the equitable distribution of marital assets, specifically the valuation of the Husband's law practice and professional license. Following the McSparron v McSparron decision, the court reopened the trial for additional proof on the license's value. The court determined the valuation date for the law firm interest to be the commencement date, July 30, 1992, rejecting the Husband's argument for a later trial date based on market changes. It extensively discusses methodologies for valuing the Husband's law license and enhanced earnings potential, ultimately concluding the marital asset value of the license for distribution is $1,547,000. The decision also addresses the anti-duplication rule regarding the license value and maintenance awards.

Equitable DistributionProfessional License ValuationLaw Practice ValuationMarital AssetsDivorceSpousal MaintenanceDouble CountingValuation DateActive Passive AssetsEnhanced Earnings
References
19
Case No. MISSING
Regular Panel Decision

Marcus v. Marcus

This case involves an appeal and cross-appeal challenging a trial court's equitable distribution of marital assets following a divorce between a plaintiff wife and defendant husband, Harold Marcus. The couple's long marriage began in 1948, with the wife contributing to household expenses while the husband completed medical school and later built a successful psychiatric practice and investments. Key disputes included the cut-off date for classifying marital property, the valuation date for assets (with the trial court using the Feb 1985 trial date), and the valuation of the husband's retirement plan trust and professional corporation. The court modified the plaintiff's award from the retirement plan and remitted the matter to the Supreme Court, Westchester County, for a new hearing to determine the value and equitable distribution of the husband's medical license and psychiatric practice.

Equitable distributionMarital assetsDivorce actionProfessional license valuationRetirement planProperty classificationValuation dateSpousal contributionsMarital residenceInvestment account
References
18
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
Case No. 13-17-00641-CV
Regular Panel Decision
Nov 29, 2018

American Bank, N.A. as Trustee of the Lisa Marie Buckley Trust and Co-Trustee of the John Buckley Jr. Trust and Kelly Rose Kinard Trust, John Buckley Jr. Trust, Lisa Marie Buckley Trust, Kelly Rose Kinard Trust, Together With John Buckley Jr., Lisa Marie Buckley, and Kelly Kinard, as Trustee, Co-Trustee and/or Trust Beneficiaries of the John Buckley Jr. Trust, Lisa Marie Buckley Trust and Kelly Rose Kinard Trust, and/or Shareholders v. Moorehead Oil & Gas, Inc., Moorehead Acquisition, LLC, and Moorehead Oil & Gas, LLC

This is an appeal regarding a summary judgment in a proceeding to determine the fair value of ownership interests in corporate stock under the Texas Business Organizations Code. Appellants, consisting of American Bank, N.A. as trustee, and the Buckley family members (John J. Buckley Jr., Lisa Marie Buckley, and Kelly Rose Kinard) as co-trustees and/or beneficiaries of their trusts, challenged the denial of their petition for stock valuation against Moorehead Oil & Gas entities. The key arguments on appeal were whether the Bank was the sole entity capable of requesting a valuation and if the limitations period was tolled due to the misnomer doctrine. The Court of Appeals affirmed the dismissal of Lisa Marie Buckley's claim as a beneficiary due to lack of standing, but reversed the remainder of the judgment, ruling that the first amended petition related back to the timely-filed original petition for limitations purposes and that American Bank, John J. Buckley Jr., and Kelly Rose Kinard had standing as trustees or co-trustees. The case was remanded for further proceedings.

Summary JudgmentCorporate Stock ValuationDissenting Shareholder RightsTexas Business Organizations CodeTrusts and TrusteesBeneficiary StandingLimitations PeriodMisnomer DoctrineAppellate ProcedureFair Value Appraisal
References
24
Case No. MISSING
Regular Panel Decision

Mesholam v. Mesholam

The plaintiff husband appeals a Supreme Court judgment in a divorce case concerning equitable distribution of his pension, pendente lite arrears, mortgage payments, the wife's social worker license valuation, and counsel fees. The appellate court modified the judgment, ruling that the husband should be credited for principal mortgage payments made between April 2000 and August 2001. It also found the counsel fee award to the wife was an improvident exercise of discretion, directing its deletion. The matter was remitted for recalculation of the mortgage credit and reconsideration of the husband's pension valuation date, setting it to the commencement of a prior discontinued divorce action in September 1994.

DivorceEquitable DistributionPension ValuationPendente Lite ArrearsMortgage PaymentsMarital ResidenceCounsel FeesSpousal SupportAppellate ReviewDiscretion Abuse
References
17
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
Showing 1-10 of 2,504 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