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

Pedone v. B & B Equipment Co.

In a personal injury action, the plaintiff sued B & B Equipment Co., Inc., alleging a defective backhoe caused injury. A jury found B & B negligent but not the proximate cause. The Supreme Court, Nassau County, set aside this verdict and granted a new trial on causation. On appeal, the order was reversed. The appellate court reinstated the jury's verdict, finding it supported by a fair interpretation of the evidence, particularly given conflicting testimony about how the accident occurred and the jury's role in assessing witness credibility. Consequently, the plaintiff's motion was denied, and the complaint was dismissed.

Personal InjuryNegligenceProximate CauseJury VerdictAppellate ReviewWeight of EvidenceCredibility AssessmentBackhoe AccidentCausationCPLR 4404
References
9
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. ADJ1653878 (VNO 0560916), ADJ4156597 (VNO 0561366)
Regular
Mar 21, 2019

ALFREDO BRIBIESCA vs. COLLISION 2000 AUTOBODY & PAINT, COLLISION 2000, INC., MINH V. LY, RAYMOND CAM

This case concerns a defendant's Petition for Reconsideration, which was dismissed as untimely. The petition was filed on January 23, 2019, but the deadline to file, based on the served Order Approving Compromise and Release on June 15, 2018, was July 10, 2018. Although the petition is dismissed procedurally, the Board noted the allegation of good cause to set aside the Compromise and Release. Therefore, the WCJ is directed to treat the petition as seeking to set aside the agreement for good cause and schedule a hearing.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Approving Compromise and ReleaseProof of ServiceGood CauseSet AsideDue Process
References
0
Case No. ADJ19771743
Regular
Oct 27, 2025

JOSEPH WASHINGTON vs. MICHELS CORPORATION, XL SPECIALTY INSURANCE COMPANY

Defendant sought reconsideration of a Stipulation and Award, alleging inaccuracies in the temporary disability rate and period. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature, adopting the Workers' Compensation Judge's (WCJ) recommendation. The WCAB found no evidence of good cause was presented by the defendant to set aside the Stipulation. The matter is remanded to the trial level for a hearing to allow parties to present evidence on whether good cause exists to set aside the Stipulation.

Stipulation and AwardPetition for ReconsiderationDismissalPrematureGood CauseSet AsideTemporary Disability RateLabor Code Section 5909Electronic Adjudication Management System (EAMS)Transmission
References
18
Case No. MISSING
Regular Panel Decision

Gross v. Cross

This case involves a motion filed by defendants Cross and Olsen, as president and treasurer of the Bakery and Confectionery Workers International Union of America, to set aside the service of summons or to dismiss the complaint. The defendants argued that as a foreign unincorporated association, it must be "doing business" in New York to be sued, similar to foreign corporations. The court examined the interpretation of Section 13 of the General Associations Law and distinguished between corporations and unincorporated associations, finding no requirement for the latter to be doing business in the state if statutory requirements for service are met. The court decided to retain jurisdiction over the first and second causes of action, which sought to compel payment of death benefits. However, it declined jurisdiction over the third cause of action, which sought to impress a trust on the International's assets, citing concerns about regulating internal affairs of a foreign entity and enforcing a decree. The motion was granted only to the extent of dismissing the third cause of action without prejudice.

JurisdictionService of SummonsUnincorporated AssociationForeign AssociationGeneral Associations LawCivil Practice ActForum Non ConveniensInternal Affairs DoctrineDismissal of Cause of ActionDeath Benefits
References
8
Case No. MISSING
Regular Panel Decision

Holt Construction Corp. v. Grand Palais, LLC

Holt Construction Corp. initiated an action against Grand Palais, LLC, Grand Palais Development, Inc., Platte River Insurance Company, and Howard Lepow, seeking to foreclose a mechanic’s lien, set aside fraudulent conveyances, and recover damages for diversion of trust assets. The Supreme Court initially ruled in favor of Holt on multiple causes of action. Defendants appealed, and Holt cross-appealed from portions of the judgment entered January 19, 2012. The appellate court dismissed certain appeals, modified the judgment by dismissing the seventh cause of action and portions of the twelfth and thirteenth causes of action related to Lien Law § 13 (5), and reversed the dismissal of claims against Howard Lepow for violations of Lien Law §§ 72 and 77, awarding judgment in favor of Holt against Lepow for $935,342.55. As modified, the judgment was affirmed with costs to the plaintiff.

Mechanic's LienFraudulent ConveyanceDiversion of Trust AssetsDebtor and Creditor LawLien LawAppellate ReviewJudgment ModificationNonjury TrialCorporate Officer LiabilityConstruction Contract
References
11
Case No. ADJ1332416 (WCK 0031685) ADJ3521523 (OAK 0322592) ADJ4017994 (WCK 0029276)
Regular
Nov 19, 2015

PAMELA ZEILSTRA vs. TARGET STORES

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the WCJ's order setting a mandatory settlement conference and deferring the request to set aside a prior order compelling medical examination attendance. The Board found that the issue of setting aside the two-year-old compelling order must be resolved before a settlement conference. Applicant must comply with the order or show good cause for setting it aside, and defendant may seek an order under Labor Code section 4053. The matter is returned to the trial level for further proceedings, starting with a status conference.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationMandatory Settlement ConferenceWCJDiscoverySet Aside OrderLabor Code section 4053Rescind OrderTrial Level
References
0
Case No. MISSING
Regular Panel Decision

Zimmer-Thomson Corp. v. National Labor Relations Board

The employer filed an action against the National Labor Relations Board (NLRB) and a union, seeking to set aside the union's certification as the exclusive bargaining representative and to restrain the union from taking further action before the National War Labor Board (NWLB). The employer alleged procedural flaws in the election process, including uncounted challenged ballots and denial of opportunity to be heard. Both defendants moved to dismiss the complaint. The court determined it lacked jurisdiction to review NLRB certifications, which are only informatory. Furthermore, it found that NWLB directives are merely advisory and thus cause no irreparable injury. Consequently, the court denied the employer's motion for a temporary injunction and dismissed the complaint, finding no cause of action.

Labor LawNLRB CertificationJudicial ReviewInjunctionCollective BargainingUnfair Labor PracticesWar Labor BoardChallenged BallotsDistrict Court JurisdictionAdministrative Law
References
10
Case No. ADJ3753730 (LBO 0386251) ADJ2537615 (LBO 0388280)
Regular
Apr 13, 2020

JOSE CABRERA vs. ALEJANDRO MADRIGAL

This case concerns applicant Jose Cabrera's petition to set aside a Compromise and Release agreement resolving his workers' compensation claims for injuries in 2006. Cabrera argues the agreement should be voided because he continues to suffer injuries and incur medical costs. The Appeals Board found his petition for reconsideration premature, as no evidence or testimony was presented to support his claims of good cause to set aside the settlement. The Board vacated its grant of reconsideration, dismissed the petition, and returned the case to the trial level for a hearing to develop the record on his request to set aside the agreement.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePetition to Set AsideGood CauseMutual MistakeFraudDuressUndue InfluenceProcedural Irregularities
References
11
Showing 1-10 of 5,705 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