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. ADJ11207109; ADJ11207111
Regular
May 29, 2025

Darren Hailey vs. Continental Labor, National Union Fire Insurance Company

Applicant Darren Hailey sought reconsideration of two Findings and Awards from October 19, 2021, in cases ADJ11207109 and ADJ11207111, where a WCJ found industrial injuries but apportioned 50 percent of permanent disability to nonindustrial factors based on a Qualified Medical Evaluator's (QME) opinion. Hailey contended that the QME's apportionment opinion was not substantial medical evidence. The Workers' Compensation Appeals Board, in a majority decision, affirmed the WCJ's findings, concluding that the QME adequately explained the basis of his apportionment, attributing 50 percent of the impairment to nonindustrial obesity due to its role in inhibiting recovery and causing accelerated wear and tear on joints. However, Commissioner Katherine A. Zalewski dissented, agreeing that the QME identified the factors of permanent disability but arguing that he failed to adequately explain how he arrived at the 50 percent apportionment figure, deeming the analysis incomplete.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical Evaluator (QME)Industrial InjuryNonindustrial FactorsCausationSubstantial Medical EvidenceObesity
References
6
Case No. 09-22-00376-CV
Regular Panel Decision
Oct 12, 2023

Interflow Factors Corporation v. Hilton Holdings, LLC

This case involves a dispute between Interflow Factors Corporation, a factoring company, and Hilton Holdings, LLC, an account debtor. Interflow purchased accounts owed to Gulf Coast Security & Investigation by Hilton, and Hilton was notified of this assignment. Despite the notification, Hilton later paid Gulf Coast directly instead of Interflow, totaling $155,152.58. Interflow sought to collect these funds from Hilton, arguing that under UCC section 9.406, Hilton was obligated to pay the assignee. The trial court initially granted summary judgment for Hilton and denied Interflow's. The Court of Appeals reversed both decisions, holding that the Factoring Agreement constituted a valid security agreement and that Hilton could not rely on estoppel or a Rule 11 Agreement between Interflow and Gulf Coast to avoid its obligation to Interflow. The case was remanded for a determination of attorney's fees, costs, and interest.

Factoring AgreementAccount DebtorAssignment of AccountsUniform Commercial CodeSecurity InterestSummary JudgmentAppellate ReviewTexas LawBreach of ContractRule 11 Agreement
References
24
Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
5
Case No. ADJ784749 (AHM 0115079)
Regular
Aug 02, 2010

Carlos Bautista vs. Prime Factors, Inc., Factory Filament, Inc., Isaac Powell, Uninsured Employers Fund

This case involves a workers' compensation claim by Carlos Bautista for an industrial injury to his spine sustained in November 2003. The applicant was hired in California by Prime Factors Inc., an illegally uninsured employer, and then flown to Mississippi for a job. The Workers' Compensation Appeals Board (WCAB) is denying Isaac Powell's petition for reconsideration of prior findings. These findings established California's jurisdiction, the employer's uninsured status, and the applicant's industrial injury.

Workers' Compensation Appeals BoardPrime FactorsInc.Isaac PowellUninsured Employers FundIndustrial InjuryCervical SpineThoracic SpineLumbar SpineLabor Code Section 5900
References
0
Case No. ADJ 4121660 ADJ 4115607
Regular
Sep 05, 2008

Kevin Dickinsen vs. ARAI DESIGN, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ’s decision to reflect apportionment of 25% to nonindustrial factors, affirming the rest of the decision. Apportionment was based on Dr. Miles' opinion and compliance with legal standards.

Workers Compensation Appeals BoardFindings and AwardReconsiderationPermanent DisabilityApportionmentIndustrial InjuryCumulative TraumaState Compensation Insurance FundAgreed Medical ExaminerAMA Guides
References
6
Case No. MISSING
Regular Panel Decision

Herman v. Hospital Staffing Services, Inc.

The Secretary of Labor sought an injunction against Kenneth A. Welt (Bankruptcy Trustee for HSSI), Capital Factors, Inc., and Ron Lusk (President of HSSI) to prevent violations of the Fair Labor Standards Act's 'hot goods' provision. HSSI failed to pay statutory wages to employees, leading to the shipment of 'hot goods' (patient reports and billing documents) in interstate commerce. Defendants moved to dismiss for lack of subject matter jurisdiction, failure to state a claim (arguing documents were not 'goods' and employees were local), and requesting the court to abstain due to ongoing bankruptcy proceedings. The court denied all motions, affirming its jurisdiction under the police power exception to the automatic bankruptcy stay, confirming the documents as 'goods' under FLSA, and ruling the action was not duplicative. The court also held Ron Lusk personally liable as an 'employer' under FLSA.

Fair Labor Standards ActBankruptcy CodeAutomatic StayPolice Power ExceptionHot Goods DoctrineInterstate CommerceWage ViolationsMinimum WageOvertime CompensationCorporate Officer Liability
References
45
Case No. MISSING
Regular Panel Decision
Nov 27, 1995

Leonard v. Unisys Corp.

Linda M. Leonard suffered severe back injuries in 1987 due to a defective office chair, leading to a lawsuit against her employer (Department of Motor Vehicles) and the chair's sellers/manufacturers (Human Factor Technologies, Inc., Burroughs Corporation, Standard Register Company, and Unisys Corporation). The lawsuit alleged negligence, strict products liability, and breach of warranty. A jury found certain defendants strictly liable and apportioned fault, awarding significant damages for pain and suffering and loss of consortium to Leonard and her husband. On appeal, the court affirmed the lower court's order and judgment, upholding the jury's verdict, the damage awards, and the denial of indemnification claims between defendants, while rejecting challenges to jury instructions and evidentiary rulings.

Products liabilityBreach of warrantyNegligenceIndemnification claimLoss of consortium damagesPain and suffering awardJury verdict reviewApportionment of liabilitySuccessor corporation liabilityDefective chair
References
12
Case No. ADJ1801230 (MON 0298983)
Regular

BARBARA JOBERG vs. ILLUMINATIONS, INC., ARROWOOD INDEMNITY CO.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of 100% permanent disability. The Board found the Administrative Law Judge erred by failing to adequately address apportionment of permanent disability to nonindustrial factors, despite medical evidence suggesting such apportionment. The vocational expert's testimony was questioned for not reviewing all relevant reports and lacking a written report without good cause. The case was remanded for further proceedings to develop the record on apportionment and the vocational expert's testimony.

ApportionmentPermanent DisabilityLabor Code Section 4663Agreed Medical EvaluatorVocational ExpertSubstantial EvidenceWCJWCABReconsiderationFindings and Award
References
15
Case No. ADJ4502123
Regular
Jun 26, 2012

DONALD VIEIRA vs. BUILDING OPPORTUNITIES FOR SELF-SUFFICIENCY, STATE COMPENSATION INSURANCE FUND

This case involves defendant's petition for reconsideration of a finding of 100% permanent disability and no apportionment. Defendant argues the WCJ erred by not considering an Agreed Medical Evaluator's opinion attributing 50% of the disability to nonindustrial factors. The Appeals Board granted reconsideration, rescinded the WCJ's findings, and returned the case to the trial level. This action was taken because the medical evidence and other exhibits were not formally admitted into evidence, preventing meaningful review. The WCJ must now prepare a proper record and issue a new decision.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorSubstantial EvidenceAdmissions of EvidenceWCJPetition for ReconsiderationLabor Code Section 5313
References
2
Case No. ADJ6507437
Regular
Jan 16, 2014

JIMMY HORTON vs. GRANT COUNTY EXCAVATION, CYPRESS INSURANCE CO.

This case involves applicant Jimmy Horton's Petition for Reconsideration of a prior award concerning an industrial injury to his right shoulder and low back. The initial award found 15% permanent disability, with some apportionment to nonindustrial factors, and set attorney's fees at 15% of indemnity. Applicant sought reconsideration primarily because the dollar amount of permanent disability indemnity was not specified. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. This action was taken at the request of the WCJ to allow the parties to resolve the amount of permanent disability indemnity and attorney's fees at the trial level.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentAttorney FeesStipulationIndustrial InjuryEpidural Cortisone InjectionsFindings and AwardPetition for ReconsiderationReport and Recommendation
References
0
Showing 1-10 of 1,172 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