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. 24 Misc 3d 1217(A), 2009 NY Slip Op 51508(U) (2009)
Regular Panel Decision

Liguori v. Beloten

Petitioner Eugene P. Devine, a medical care provider, commenced a CPLR article 78 proceeding to annul the Workers’ Compensation Board’s determination to remove him from the list of eligible providers. This removal stemmed from a prior misconduct charge regarding inaccurate record-keeping, for which Devine was censured, reprimanded, placed on probation, and fined by the OPMC. Despite Devine's remedial actions, including purchasing new equipment, the Board opted for permanent revocation, a decision the court previously remitted for detailed explanation. Upon review of the Board's subsequent explanation, the court found the permanent revocation to be arbitrary and capricious, and disproportionate to the offense, especially given the lack of patient harm and Devine's efforts to rectify the issue. The court granted the petition, annulled the revocation, and ordered Devine's immediate restoration to the list of eligible workers’ compensation physicians, finding the term of revocation already served to be excessive.

Workers' CompensationMedical ProviderRevocation of EligibilityCPLR Article 78Administrative ReviewAbuse of DiscretionArbitrary and CapriciousRecord Keeping ViolationPhysician SanctionDue Process
References
14
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. 2018 NY Slip Op 01718
Regular Panel Decision
Mar 16, 2018

Matter of Karamalla v. Devine

Petitioner-plaintiff Yousif Karamalla commenced a hybrid CPLR article 78 proceeding, declaratory judgment action, and action under 42 USC § 1983 on behalf of himself and a class seeking the annulment of the denial of Safety Net Assistance (SNA) due to temporary protected immigration status (TPS). The Supreme Court granted class certification and found the denial of SNA based on TPS unlawful. The Appellate Division, Fourth Department, unanimously affirmed this order. The court rejected the respondent's arguments regarding the statute of limitations, retroactivity of relief, and the overbreadth of the class certification to include future applicants, affirming the lower court's decision.

Temporary Protected Status (TPS)Safety Net Assistance (SNA)Public Assistance BenefitsClass Action CertificationCPLR Article 78 ProceedingDeclaratory Judgment42 USC § 1983 ActionEqual Protection RightsImmigration Status DiscriminationStatute of Limitations Waiver
References
12
Case No. ADJ12674446
Regular
Jul 25, 2025

MICHAEL KREZA, SHANNA KREZA vs. CITY OF COSTA MESA FIRE DEPARTMENT, ADMINSURE

Applicant Shanna Kreza, guardian ad Litem for deceased Michael Kreza, sought reconsideration or, alternatively, removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) after the WCJ issued an Order Suspending Action. The WCJ's order questioned the requested attorney's fees as excessive, which the applicant argued created an appearance of bias. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the WCJ's order interlocutory. However, the Board granted the petitions for removal and disqualification, finding an appearance of bias by the WCJ due to unqualified opinions on attorney's fees. Consequently, the WCJ was disqualified, their May 12, 2025 Order was rescinded, and the case was returned for reassignment to a new WCJ.

Workers' Compensation Appeals BoardFirefighterDeath ClaimAttorney FeesExcessive FeesPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ BiasOrder Suspending Action
References
10
Case No. ADJ15136580
Regular
May 09, 2025

Neal Newton vs. Rudgear Logistics, LLC.; Falls Lake Fire & Casualty

Applicant Neal Newton filed a petition to disqualify the trial Workers' Compensation Administrative Law Judge (WCJ), alleging bias and the expression of unqualified opinions during hearings. The applicant contended the WCJ belittled his personal physician, questioned his intelligence, and demonstrated bias against his video evidence. Despite the WCJ denying actual bias, the Workers' Compensation Appeals Board found an 'appearance of bias' sufficient to warrant disqualification, particularly noting the WCJ's characterization of applicant's documents without full review. Consequently, the Board granted the petition, disqualified the assigned WCJ, and ordered the case reassigned to a new WCJ.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJAppearance of BiasMandatory Settlement ConferenceDeclaration of Readiness to ProceedQualified Medical EvaluatorEvidence DisputeMed-Legal EvaluationCode of Civil Procedure
References
5
Case No. ADJ7624426; ADJ8657421
Regular
Jun 18, 2013

NATHALIE AMEZQUITA vs. SCOTT ZIEHL an Individual, Co-Partner dba JEWELRY, Liquidation USA

The applicant petitioned for disqualification of WCJ Richard Shapiro, alleging enmity and prejudgment. The applicant's counsel stated the WCJ declared the applicant would "take nothing" and was "a liar" before trial. The WCJ did not deny these statements, suggesting they were to facilitate settlement and noting concerns about applicant's attorney's tactics. The Appeals Board granted the disqualification petition, finding the WCJ's statements demonstrated bias or the appearance of bias, and returned the case for reassignment to a new WCJ.

Petition for DisqualificationWorkers' Compensation Administrative Law Judgeenmityformed opinionprejudicedtake nothingliarinformal resolutionappearance of biasreassignment
References
0
Case No. ADJ4237156
Regular
Nov 15, 2011

CON HOWE vs. AMERIGAS by SPECIALTY RISK SERVICES

This case involves an applicant's petition to disqualify a Workers' Compensation Administrative Law Judge (WCJ) due to alleged bias stemming from a prior incident. The applicant's attorney claimed the WCJ harbored enmity and would prejudice his clients. The WCJ, in his report, stated the incident would not affect his impartiality and all cases are decided on evidence. The Appeals Board adopted the WCJ's report and denied the disqualification petition, finding no reason to doubt the WCJ's impartiality.

Petition for DisqualificationWCJ BiasEnmityMandatory Settlement ConferencesReport and RecommendationEvidence-based DecisionWorkers' Compensation Appeals BoardAdministrative Law JudgeApplicant's AttorneyCase ADJ4237156
References
0
Case No. ADJ4280834 (LAO 0768011)
Regular
Jun 04, 2013

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The WCAB granted reconsideration of a WCJ's decision awarding applicant 100% permanent disability after apportioning for a prior 1988 injury. Defendant argued the WCJ erred by not following the agreed medical evaluator's apportionment findings. The Appeals Board affirmed the WCJ's decision, finding the WCJ correctly relied on the parties' prior stipulation regarding the 1988 injury's permanent disability to frame the rating instructions. The WCAB adopted the WCJ's reasoning in their Report on Reconsideration.

Workers' Compensation Appeals BoardLevell SmithLos Angeles Unified School DistrictSedgwick CMSADJ4280834Opinion and Decision After ReconsiderationFindings and Awardleft wristneckright wrist
References
1
Showing 1-10 of 6,013 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