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
Feb 10, 1977

Hernandez v. Frangella Bros.

This case involves an appeal from a Workers' Compensation Board decision that found the decedent's father to be a dependent of the deceased employee under the Workers' Compensation Law. The claimant, the decedent's father, had a prior injury and consistently received financial support from his son, ranging from $15 to $60, totaling over $2,000 in the year before the son's death. The Board inferred that the father's standard of living was detrimentally affected by the loss of these contributions. The court affirmed the Board's determination, holding that questions of dependency and contribution are factual for the Board, and in this instance, there was substantial evidence to support their finding. Costs were awarded to the Workers' Compensation Board against the employer and its insurance carrier.

Dependency claimWorkers' Compensation BoardAppellate DivisionParental dependencyFinancial contributionsSubstantial evidenceQuestion of factAffirmed decisionDeceased employee
References
2
Case No. ADJ8964866
Regular
Sep 16, 2013

LEON MACDONALD (Deceased), CATHY MACDONALD (Widow), CHAD MACDONALD (Son), RYAN MACDONALD (Son) vs. CITY OF SAN RAFAEL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The Workers' Compensation Appeals Board denied the sons' petition for reconsideration regarding death benefits. The Board found that student loan payments made by the decedent for his sons' education, incurred and repaid years prior to his death, did not constitute financial support. Therefore, the sons were not considered partial dependents at the time of injury. One Commissioner dissented, arguing the sons relied on their father's contributions for their accustomed standard of living.

Partial dependentsDeath benefitsStudent loansLabor Code section 4702(a)(2)Cumulative traumaCancerFire captainCity of San RafaelRedwood Empire Municipal Insurance FundOffer of proof
References
3
Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
References
3
Case No. MISSING
Regular Panel Decision
Sep 14, 1998

Claim of Ellis v. Cyclone Coasters Inc.

This case involves an appeal from a Workers' Compensation Board decision concerning a claimant's entitlement to death benefits after her son's work-related death. The Board initially established claimant's dependency but requested further documentation. After reviewing the submitted evidence, including income and expense statements, the Board concluded that the claimant was indeed dependent on her son. The employer appealed this finding, arguing discrepancies in the claimant's financial disclosures. However, the appellate court found that despite minor inconsistencies, the record provided a rational basis for the Board's conclusion of dependency, and therefore, affirmed the Board's decision.

Workers' CompensationDeath BenefitsDependencySubstantial EvidenceFactual FindingAppellate ReviewFinancial DisclosureIncome and ExpensesFamily SupportBoard Decision
References
2
Case No. MISSING
Regular Panel Decision
Nov 16, 1970

Scalia v. Auserehl & Son Contracting Corp.

Frank Sealia, an iron worker, sued Auserehl & Son Contracting Corp., the general contractor, and Simon Holland & Son, Inc., a subcontractor, for personal injuries sustained from a fall at a construction site. Sealia claimed he fell from an "AUS"-marked ladder when its top rung broke. However, photographic evidence taken shortly after the accident by Auserehl's employee showed a different ladder, not owned by Auserehl, at the accident scene. Furthermore, two eyewitnesses and the investigating police officer testified that Sealia fell when a guy wire or steel cable snapped. The court concluded that the jury's verdict of $115,000 in favor of Sealia was against the weight of the credible evidence. Consequently, the judgment was reversed, and a new trial was granted.

Personal InjuryNegligenceConstruction AccidentLadder FallEvidentiary WeightJury VerdictNew TrialGeneral ContractorSubcontractorThird-Party Action
References
0
Case No. ADJ8007911
Regular
Dec 24, 2012

Matthew Maxwell (Deceased) vs. FIRECODE SAFETY EQUIPMENT, INC., OAK RIVER INSURANCE COMPANY

This case concerns appeals regarding workers' compensation death benefits for Matthew Maxwell's dependents. The primary dispute involves whether Matthew Maxwell Jr., the decedent's son, qualifies for the special minor death benefit under Labor Code section 4703.5, given his mother is a totally dependent spouse. The Appeals Board denied the daughter's petition for reconsideration and dismissed the insurer's petition as untimely, affirming the WCJ's award of the special minor benefit to Matthew Maxwell Jr. A commissioner dissented, arguing Matthew Maxwell Jr. is excluded from the benefit because his mother is a surviving totally dependent parent.

Workers' Compensation Appeals BoardMatthew MaxwellFirecode Safety EquipmentOak River InsuranceADJ8007911ReconsiderationFindings and AwardTotally Dependent MinorLabor Code Section 3501Labor Code Section 4703.5
References
3
Case No. MISSING
Regular Panel Decision

WW Rodgers and Sons Produce Co. v. Johnson

Relators, W.W. Rodgers and Sons Produce Company and W.W. Rodgers and Sons Trucks, Inc., sought a writ of mandamus against respondent Judge H. Dee Johnson to compel discovery. The discovery concerned witness statements and an addendum/memorandum related to an accident involving a relator's truck and a Dallas police vehicle. The trial court had previously denied the discovery, citing Tex.R.Civ.P. 186a. The appellate court affirmed the denial, concluding that the documents were not discoverable solely for impeachment purposes, as established in Russell v. Young. The court emphasized that the trial court lacked the authority to order such discovery, deeming the trial court's refusal to permit discovery proper.

MandamusDiscoveryImpeachment EvidenceTrial ProcedureAppellate ReviewJudicial DiscretionTexas LawCivil ProcedureWitness StatementsPolice Reports
References
9
Case No. MISSING
Regular Panel Decision

Claim of Tunison v. P. C. Richards & Son

This case involves an appeal from two decisions by the Workers’ Compensation Board concerning workers' compensation death benefits. The decedent, an employee of Outlaw Trucking Company, was fatally injured while delivering merchandise for P. C. Richards & Son. The Board found that the decedent was a special employee of P. C. Richards & Son and that his death arose out of and in the course of this special employment, making P. C. Richards & Son liable for death benefits. The court affirmed the Board's decision, concluding that there was substantial evidence to support the finding of a special employment relationship due to P. C. Richards & Son's control over the decedent's work, and that the death occurred in the course of employment as he was returning truck keys.

Workers' CompensationSpecial EmploymentDeath BenefitsEmployer LiabilityAppellate ReviewControl TestCourse of EmploymentInsurance CarrierTrucking IndustryWorkers' Compensation Board
References
7
Case No. ADJ6751913
Regular
Apr 23, 2013

EDWIN MORENO (DEC.), ADRIAN AND NELLY MORENO, DEATH WITHOUT DEPENDENTS UNIT vs. CERADYNE INC, LIBERTY MUTUAL INSURANCE COMPANY

This case involves the denial of reconsideration for a petition filed by the parents of a deceased worker, Edwin Moreno. The parents claimed partial dependency on their son's income, but the Workers' Compensation Appeals Board (WCAB) upheld the Administrative Law Judge's (ALJ) decision that they failed to prove the required legal standard for dependency. Specifically, the parents could not quantify any monetary contributions their son made to their business or their support. The WCAB also noted a procedural issue with service of the petition but denied reconsideration on the merits.

Workers' Compensation Appeals BoardDeath Without Dependents UnitPetition for ReconsiderationPartial DependentsDeath BenefitsIndustrial AccidentDependency ClaimSupportChevron USAInc. v. WCAB (Stecle)
References
1
Case No. 900983-2015
Regular Panel Decision
Mar 16, 2016

Building Exterior Servs. Trust of N.Y. v. A.W. Farrell & Son, Inc.

Plaintiff Building Exterior Services Trust of New York (BEST), a group self-insurance trust, initiated an action against former members, including A.W. Farrell & Son, Inc., for unpaid monetary assessments levied in 2013 and 2014 to address a shortfall. Defendant A.W. Farrell & Son, Inc. moved to dismiss the complaint and a cross-claim, arguing that it ceased membership in 1994, was not bound by the 2000 Trust Documents, and that assessments could only be levied against current members, with any authority expiring in 2003. The Supreme Court, Albany County, denied the motion to dismiss, finding that the Trust Documents, specifically Section 4.8 of the Indemnity Agreement and Section 10.4 of the Declaration of Trust, could authorize assessments against former members for periods of participation. The court also rejected the statute-of-limitations defense, concluding that the breach-of-contract claim accrued when the defendant refused to pay the assessments.

Workers' Compensation LawGroup Self-Insurance TrustUnpaid AssessmentsMotion to DismissStatute of LimitationsBreach of ContractDeclaration of TrustIndemnity AgreementFormer MembersTrust Solvency
References
17
Showing 1-10 of 3,340 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