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. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. ADJ7054442
Regular
Jan 11, 2013

JARRAD JELSMA vs. WINE GROUP, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Board denied the defendant's petition for reconsideration of the WCJ's award of temporary disability indemnity. The defendant failed to demonstrate due diligence in producing a wage statement discovered after trial, which it claimed would lower the indemnity rate. While denying reconsideration of the retroactive award, the Board allowed the defendant to petition to reopen the award to prospectively adjust the temporary disability indemnity rate based on the disputed wage statement. The Board also denied credit to the defendant for any retroactive overpayment of temporary disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAverage Weekly EarningsTemporary Disability IndemnityWage StatementDue DiligenceNewly Discovered EvidenceReopen AwardRetroactive Overpayment
References
0
Case No. ADJ11094232
Regular
May 21, 2019

HERIBERTO FUERTE ALVAREZ vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The amended decision affirmed the prior ruling but modified the temporary disability indemnity award. Specifically, it now includes an award for temporary disability indemnity beginning October 3, 2017, continuing thereafter, with a 15% reduction for retroactive temporary disability payable to the applicant's attorneys. This amendment is subject to Labor Code Section 4656.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportDecision After ReconsiderationTemporary disability indemnitystatutory rateOctober 32017Law Offices of Torkan and FarzanpourLabor Code Section 4656
References
0
Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. ADJ7318712
Regular
Jul 03, 2013

MARGUERITE KINSELLA vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH

The Appeals Board granted reconsideration to allow the defendant a credit for overpaid temporary disability indemnity against retroactive temporary disability indemnity, subject to proof. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, except for the credit issue. Defendant's claim for credit for overpaid permanent disability was denied as the award was already paid, though the possibility of future credit upon reopening was noted. The Board also clarified the attorney's fees award, requiring payment with "new money" if prior awards were already paid.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityPermanent DisabilityCredit for OverpaymentWCJAppeals BoardSubstantial EvidenceLabor Code Section 4909Equitable Principles
References
6
Case No. ADJ1747488
Regular
Dec 19, 2011

ADRIENNE BOYLAN vs. NEW COVENANT CARE GROUP, STATE COMPENSATION INSURANCE FUND

This case concerns the defendant's petition for reconsideration of a prior Board decision. The Board previously affirmed the dates of temporary disability for the applicant but amended the original award to grant the full value of temporary disability indemnity, rather than an apportioned percentage. The defendant argued against this full award, but the Board found that while liability for indemnity can be apportioned between defendants, an employee's entitlement to temporary disability indemnity cannot be apportioned. The Board denied the petition for reconsideration, reaffirming that the defendant is solely liable for the full value of temporary disability indemnity.

Temporary Disability IndemnityCumulative Trauma InjuryApportionment of LiabilityExclusive LiabilityLabor Code Section 3208.2FibreboardGranadoWCAB OpinionPetition for ReconsiderationSpecific Injury
References
7
Case No. ADJ4606826 (SJO 0265682)
Regular
Jul 01, 2009

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted By SEDGWICK CMS

In this workers' compensation case, the Board rescinded its prior decision and found the applicant entitled to temporary total disability indemnity. This indemnity is awarded for the period between November 21, 2007, and January 28, 2008, when the applicant was medically deemed unable to work. However, the applicant is estopped from receiving temporary disability indemnity for periods of temporary partial disability due to refusing modified work without good cause. The Board affirmed its finding that the applicant is not entitled to temporary disability for periods of partial disability for the reasons stated in its earlier opinion.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityModified WorkEstoppelAgreed Medical EvaluatorPrimary Treating PhysicianTemporary Total DisabilityTemporary Partial DisabilityOdd Lot Doctrine
References
4
Case No. ADJ5010233
Regular
Sep 20, 2010

RICHARD MARQUEZ vs. O'BRYANT ELECTRICAL, INDEMNITY INSURANCE CO OF NORTH AMERICA

The Appeals Board granted reconsideration to clarify the issue of credit for time worked on temporary disability indemnity. While denying removal, the Board affirmed the original award of temporary disability through June 26, 2008, deferring the credit calculation. The Board adopted the Arbitrator's reasoning, except for the recommendation to grant removal. The matter is returned for further proceedings to clarify the credit issue, with temporary disability payments to continue unaffected by this deferral.

Workers' Compensation Appeals BoardRemovalReconsiderationFindings Award and OrderArbitratorStipulationsIndustrial InjuryRight KneeTemporary DisabilityPermanent Disability
References
0
Case No. ADJ2191262
Regular
Nov 03, 2008

JOY ANN HIGHFILL vs. CLUB DISNEY, HELMSMAN MANAGEMENT SERVICES, INC.

This Workers' Compensation Appeals Board case affirms a prior decision regarding attorney's fees. The Board clarified that attorney fees on temporary disability indemnity are awarded only on indemnity obtained or awarded as a result of the attorney's services. Because the record was insufficient to determine if temporary disability indemnity was voluntarily paid prior to the initial award, the attorney's fee was properly limited to any unpaid temporary disability indemnity thereafter awarded.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationOpinion and DecisionAttorney's FeePermanent Disability IndemnityTemporary Disability IndemnityUnpaid IndemnityPolicy and Procedural ManualPretrial Conference StatementMinutes of Hearing
References
1
Case No. ADJ4213538 (SAC 292021)
Regular
Jun 19, 2009

MARGARET PERRIGO vs. NORTHERN CALIFORNIA ANGLER PUBLICATION, ARGONAUT INSURANCE COMPANY

This case concerns a dispute over the attorney's fee awarded to applicant's counsel. The initial award granted 15% of temporary disability indemnity and 12% of permanent disability indemnity. The lien claimant sought reconsideration, arguing for 15% of permanent disability indemnity. Following further reflection, the trial judge recommended granting reconsideration and remanding the attorney's fee issue for further proceedings. The Appeals Board granted reconsideration, affirmed the award regarding temporary disability, but deferred the issue of attorney's fees on permanent disability, reserving jurisdiction. Defendants are ordered to withhold 15% of permanent disability indemnity payments until the fee issue is resolved.

PerrigoNorthern California Angler PublicationArgonaut Insurance CompanyADJ4213538SAC 292021Opinion and Order Granting ReconsiderationDecision After ReconsiderationFarrell Fraulob and BrownWCJFindings and Award
References
0
Showing 1-10 of 8,037 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