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

Carlucci v. Omnibus Printing Co.

The claimant, a pressman, developed various respiratory, pulmonary, and cardiac disorders during his employment. A Workers' Compensation Law Judge initially found a permanent partial disability. The Workers' Compensation Board later determined a permanent moderate partial disability and reduced the compensation award, which the claimant appealed. The appellate court reversed the Board's decision, concluding that the Board had incorrectly relied on inapplicable medical guidelines for low back total disability when assessing the claimant's condition. The case was subsequently remitted to the Workers’ Compensation Board for a proper re-assessment of the medical evidence.

Workers' CompensationPermanent Partial DisabilityMedical GuidelinesAppellate ReviewRemittalDisability AssessmentRespiratory DisordersCardiac DisordersPulmonary DisordersNew York Law
References
4
Case No. MISSING
Regular Panel Decision

Durakovic v. Building Service 32B-J Pension Fund

Bejaze Durakovic sued 'the Funds' under ERISA after being denied disability benefits, citing chronic back and neck pain from a 1999 car accident. The Social Security Administration had found her disabled in 2004. The Funds, relying on independent medical examiners Dr. Ludmilla Bronfin and Dr. Ira Rashbaum, and a vocational assessment by Apex Rehab Management, concluded she could perform sedentary work. Durakovic challenged this, arguing inadequate vocational assessment and conflict of interest. The court granted the Funds' motion for summary judgment, finding their decision was not arbitrary or capricious, despite some misgivings about the vocational assessment, emphasizing the broad discretion accorded to plan administrators.

ERISADisability Benefits DenialSummary Judgment GrantedArbitrary and Capricious ReviewConflict of InterestVocational CapacitySedentary EmploymentIndependent Medical ExaminationTreating Physician RuleSocial Security Disability
References
20
Case No. MISSING
Regular Panel Decision

Bailey v. Colonial Freight Systems, Inc.

Donald Ray Bailey, a 47-year-old truck driver, sustained a lumbar strain in April 1990 while working for Colonial Freight Systems, Inc. He underwent treatment from multiple doctors, including Dr. George Stevens, Dr. William Kevin Bailey, and Dr. William Kennedy, who all assessed various levels of permanent partial disability and work restrictions. Vocational experts, Dr. Norman Hankins and Dr. Eric Engum, presented conflicting assessments of his vocational disability. The trial court awarded Bailey 65 percent permanent partial disability to the body as a whole and commuted it to a lump sum. However, on appeal, the Supreme Court affirmed the disability award but reversed the lump-sum commutation, finding insufficient evidence to support the lump sum for housing or debt payment, suggesting it should be limited to rehabilitation purposes. The case was remanded for further proceedings.

Workers' CompensationPermanent Partial DisabilityLump Sum AwardVocational DisabilityMedical EvidenceAppellate ReviewAbuse of DiscretionRehabilitationLumbar StrainDegenerative Disc Disease
References
0
Case No. ADJ8287242, ADJ9662736, ADJ9662737, ADJ9662738, ADJ9662740, ADJ9662743, ADJ9662744, ADJ9662745, ADJ9662746, ADJ9662747, ADJ9662748
Regular
Jul 29, 2019

TOBIAS ZUCCO vs. CALIFORNIA DEPARTMENT OF STATE HOSPITALS, STATE COMPENSATION INSURANCE FUND

This case involves multiple workers' compensation claims by applicant Tobias Zucco against the California Department of State Hospitals. The initial decision found a $77\%$ permanent disability based on scheduled impairments, rejecting vocational experts' opinions of total disability. Applicant sought reconsideration, arguing for unapportioned permanent total disability. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case to find $80\%$ permanent disability, incorporating a $20\%$ non-industrial apportionment to the vocational experts' findings of total disability. The Board found the vocational experts' conclusions supported overall permanent total disability, overriding the trial judge's credibility assessment.

Workers' Compensation Appeals BoardPsychiatric TechnicianCumulative InjuryPermanent DisabilityVocational RehabilitationPermanent Total DisabilityAgreed Medical EvaluatorApportionmentCredibilityJoint Findings of Fact
References
0
Case No. MISSING
Regular Panel Decision

Bradford v. Travelers Indemnity Co.

The plaintiff, Herman Bradford, appealed the chancellor's award of 35% permanent partial disability following a back injury sustained on the job. Bradford, a 55-year-old illiterate ink mixer, underwent spinal fusion surgery. Medical and vocational experts assessed his impairment between 19% anatomically and 100% vocationally. The Supreme Court found the trial court erred by giving undue weight to Bradford's post-injury return to work in its disability assessment. Considering his age, limited education, medical restrictions, and non-transferable job skills, the Court increased his permanent partial disability award to 50% to the body as a whole.

Permanent Partial DisabilityVocational DisabilityMedical Expert TestimonyVocational Expert TestimonyImpairment RatingSpinal FusionLifting InjuryReturn to WorkEarning CapacityAge Factor
References
4
Case No. MISSING
Regular Panel Decision

Story v. Legion Insurance Co.

The plaintiff, a 28-year-old nurse, developed carpal tunnel syndrome and overuse syndrome in both hands due to her work at Chester County Nursing Home, where she spent significant time entering care plan data into a computer. Despite not missing work, she experienced severe pain, weakness, and a 75% decrease in strength, impacting her daily life and ability to perform previous nursing roles. The trial court found she suffered a 35% permanent partial disability to each arm, attributing it to her employment. The defendant appealed, arguing the injury was not compensable due to no missed work, and challenging the weight given to medical testimony and the assessment of vocational disability. The Special Workers’ Compensation Appeals Panel affirmed the trial court's judgment, clarifying that missing work is not a prerequisite for a compensable injury in repetitive stress cases and upholding the trial court's discretion in weighing medical testimony and assessing vocational disability.

worker's compensationpermanent partial disabilitycarpal tunnel syndromeoveruse syndromevocational disabilityrepetitive stress injurymedical evidenceanatomical impairmentappellate reviewTennessee Supreme Court
References
13
Case No. MISSING
Regular Panel Decision

Cowley v. Berryhill

Plaintiff appeals the Commissioner of Social Security's denial of disability benefits. The District Court affirmed the Commissioner's decision, upholding the Administrative Law Judge's (ALJ) finding that the plaintiff was not disabled under the Social Security Act. The court found that the ALJ properly assessed medical opinions from a treating therapist and a consulting psychologist, giving appropriate weight and providing sufficient explanations. The ALJ's determination of the plaintiff's residual functional capacity (RFC) and the vocational expert's testimony regarding suitable alternative employment were also supported by substantial evidence. Consequently, the plaintiff's motion for judgment on the pleadings was denied, and the Commissioner's cross-motion was granted.

Disability BenefitsSocial Security ActAdministrative Law JudgeMedical Opinion AssessmentResidual Functional CapacityVocational Expert TestimonyMental Health ImpairmentsAsthmaBipolar DisorderMajor Depressive Disorder
References
13
Case No. MISSING
Regular Panel Decision

McCarver v. Insurance Co. of the State of Pennsylvania

This workers' compensation case before the Tennessee Supreme Court centered on two critical issues: the constitutionality of a state statute granting jurisdiction to the General Sessions Court for Warren County in workers' compensation matters, and the vocational disability award for the claimant. The defendants, Carrier Corporation and The Insurance Company of the State of Pennsylvania, challenged the jurisdiction of the General Sessions Court for Warren County, arguing that Tennessee Code Annotated section 16-15-5004(c) violated article XI, section 8 of the Tennessee Constitution. The Court affirmed the trial court's decision, finding a rational basis for the statute and thus upholding the lower court's jurisdiction. Additionally, the Supreme Court affirmed the trial court's award of 88.2% permanent partial disability to the claimant, Betty Sue McCarver, whose bilateral shoulder injuries from her employment with Carrier Corporation led to a finding of significant vocational disability supported by medical and vocational expert testimony.

Workers' CompensationJurisdictionConstitutional LawTennessee Constitution Article XI Section 8General Sessions CourtWarren CountySubject Matter JurisdictionDisability AwardShoulder InjuryRotator Cuff
References
17
Case No. ADJ2262922 (SRO 0041418)
Regular
Jul 07, 2011

DEBBIE LEVINE vs. STARBUCKS, INC., GALLAGHER BASSETT SERVICES, INC.

The applicant sought reconsideration of a permanent disability rating of 42%, arguing the vocational expert's assessment of diminished future earning capacity (DFEC) was rebutted and that Labor Code section 4662 should apply for total disability. The Appeals Board denied the petition, finding that the applicant failed to present substantial evidence to rebut the DFEC, as she never sought employment and her vocational expert's opinion was largely attributed to economic factors. Furthermore, the Board found no basis for applying Labor Code section 4662, as the applicant's alleged permanent total disability was not supported by persuasive medical or vocational evidence. The applicant's unsupported claim of zero earning capacity was contradicted by medical opinions.

Diminished Future Earning Capacity2005 PDRSOgilvie IOgilvie IIrebuttalLabor Code section 4662permanent total disabilityvocational expertsubstantial evidenceAME
References
5
Case No. No. 13
Regular Panel Decision

Fagg v. Hutch Manufacturing Co.

This workers' compensation case involved an appeal by Hutch Manufacturing Company and its insurance carrier concerning an employee, Mrs. Fagg, who sustained a compensable injury. The appeal raised issues regarding the duration of temporary total disability (TTD) benefits, the extent of permanent partial disability (PPD), a 6% penalty for unpaid installments, and medical expenses. The Court dismissed a preliminary appeal as interlocutory. It found the trial court erred in determining the termination date of TTD, concluding that Mrs. Fagg's TTD benefits should cease on October 9, 1984, the latest date for maximum medical recovery according to Dr. Coughlin's evaluations. The Court affirmed the trial court's award of 65% PPD to the body as a whole, emphasizing the consideration of non-medical factors in assessing disability. Furthermore, the Court upheld the 6% penalty on unpaid compensation installments due to the employer's demonstrated bad faith. The case was remanded for a more explicit allocation of medical expenses.

Temporary Total DisabilityPermanent Partial DisabilityMedical Impairment RatingJudicial ReviewRemandPenalty for Non-PaymentMedical EvidenceObjective SymptomsSubjective ComplaintsWorkers' Compensation Appeal
References
12
Showing 1-10 of 10,100 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