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. ADJ8555171, ADJ10259448, ADJ11129372
Regular
Apr 28, 2023

APOLINAR DEL HOYO vs. ARCHSTONE HARBORVIEW, ACE GROUP/ESIS, IRVINE COMPANY, FEDERAL INSURANCE/SEDGWICK

The Appeals Board rescinded the WCJ's July 21, 2020, Findings and Award and returned the matter for further proceedings. This decision stemmed from defendant Irvine Company's petition for reconsideration, arguing the WCJ failed to adequately explain its determination of Irvine as the responsible carrier for cumulative trauma injury in ADJ10259448. The Board found the WCJ's report deficient and that crucial elements for determining liability under Labor Code sections 5412 and 5500.5 were not adequately addressed or determined. Consequently, the case is remanded for the WCJ to properly address issues of injury, date of disability, knowledge of causation, and the relevant timeframes for establishing liability.

Labor Code sections 5500.55412cumulative traumadate of injurydisabilityknowledge of causationemployer liabilitystatute of limitationsWorkers' Compensation Appeals BoardOpinion and Decision After Reconsideration
References
Case No. ADJ10268949
Regular
Nov 23, 2016

ELOY DELA TORRE FERNANDEZ vs. MERCHANT'S LANDSCAPE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that barred the applicant's claim due to a post-termination filing defense. The applicant claimed exceptions to this defense, arguing he received pre-termination treatment and that his date of injury, under Labor Code § 5412, occurred after his termination. The WCAB found insufficient evidence to decide the pre-termination treatment exception and remanded the case to clarify the applicant's date of injury under § 5412, as this date's post-termination status would be an exception to the defense. The prior order was rescinded and the case returned for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code Section 3600(a)(10)Post-termination DefenseCumulative InjuryDate of InjurySection 5412Compensable DisabilityTrier of Fact
References
Case No. ADJ15099173
Regular
Jan 17, 2023

GAIL MATTHEWS vs. SUTTER HEALTH SYSTEM OFFICE, SUTTER HEALTH SACRAMENTO

The Workers' Compensation Appeals Board affirmed the trial judge's findings of fact. The defendant sought reconsideration, arguing the trial judge erred by not determining a date of injury under Labor Code §5412 for a cumulative trauma claim. However, the Board found the defendant failed to raise this issue at trial and stipulated to the employment period. The Board clarified that Labor Code §5412 defines the date of injury, not the definition of cumulative trauma itself.

Workers' Compensation Appeals BoardReconsiderationCumulative traumaDate of injuryLabor Code 5412Labor Code 3208.1Medical treatmentPermanent disabilityPQMEDr. Sclafani
References
Case No. ADJ8497093
Regular
May 12, 2017

BERJ ALIKSANIAN vs. EARTHSPECTIVES/HKR ENGINEERING, INC., RLI INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC./TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a petition for reconsideration of a workers' compensation decision. The applicant claimed a cumulative trauma injury to his back. The defendant insurer argued that the date of injury was earlier, based on Labor Code section 5412. The Appeals Board granted reconsideration to amend the findings of fact. The Board clarified that the date of injury is November 16, 2011, pursuant to Labor Code section 5412, as this was the date of the applicant's first compensable disability and his last day of employment, aligning with the medical opinion of the Agreed Medical Examiner.

Workers' Compensation Appeals Boardcumulative trauma injuryLabor Code section 5412date of injurycompensable temporary disabilitywage losscompensable permanent disabilityAgreed Medical Examiner (AME)specific injurycumulative trauma exposure
References
Case No. ADJ7784334
Regular
Jul 17, 2013

ESTEBAN ESCOBAR vs. UCLA MEDICAL CENTER

The Appeals Board granted reconsideration and reversed the trial judge's finding of no industrial injury. The Board found that the applicant sustained a cumulative injury to his right upper extremity, supported by the unrebutted medical opinion of a Qualified Medical Examiner. Compensation is not barred by the post-termination defense as the date of injury, per Labor Code Section 5412, occurred after the applicant's termination date. The case is returned to the trial level for further proceedings.

Post-termination defenseLabor Code section 3600(a)(10)Section 5412Cumulative injuryRight upper extremityIndustrial injuryPQMEKenneth ScheffelsM.D.Reconsideration
References
Case No. ADJ10338045
Regular
Nov 18, 2019

JESUS CORTES vs. PPG INDUSTRIES, INC., OLD REPUBLIC INSURANCE COMPANY

The applicant, Jesus Cortes, sought reconsideration of a WCJ's decision that barred his cumulative injury claim due to the statute of limitations. The Appeals Board rescinded the decision, finding that the applicant's date of injury under Labor Code § 5412 is March 16, 2016, making the claim timely. Consequently, the claim is not barred by the statute of limitations or as a post-termination claim. The case is remanded for further development of the medical record by a Qualified Medical Evaluator for all claimed body parts.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsDate of InjurySection 5412Qualified Medical Evaluator (QME)Agreed Medical Evaluator (AME)AOE/COESection 3600(a)(10)Labor Code
References
Case No. ADJ9356348
Regular
Jul 03, 2018

ALEJANDRO GONZALEZ vs. JAGUAR ENTERPRISES, INC., CALIFORNIA INSURANCE, APPLIED RISK SERVICES, INC., SOUTHERN INSURANCE, CONDOR, INC., WESTCO INSURANCE, AMTRUST INSURANCE, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, ESIS, SOUTHERN INSURANCE, U.S. ADMINISTRATOR CLAIMS, LIBERTY MUTUAL INSURANCE, OLD REPUBLIC INSURANCE, ZURICH INSURANCE COMPANY

This case involves determining the applicant's date of injury for an occupational disease. Initially, the Workers' Compensation Judge (WCJ) determined the date of injury to be December 13, 2013, based on medical records suggesting work-related causation. However, the Appeals Board granted reconsideration, finding that the applicant credibly testified that his physician first linked his condition to his employment on May 13, 2013. Therefore, the Board amended the findings to establish May 13, 2013, as the date of injury pursuant to Labor Code section 5412.

Workers' Compensation Appeals BoardDate of InjuryPetition for ReconsiderationWCJ ReportMedical EvidencePneumoniaBronchitisPulmonary FibrosisHypersensitivity PneumonitisBOOP
References
Case No. ADJ10384714
Regular
Jan 22, 2019

RICARDO ORTEGA vs. NESTLE WATERS, INC.; CHUBB INSURANCE, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision. The WCJ had found that applicant sustained industrial injuries to multiple body parts. Defendant sought reconsideration, arguing the claim was barred under Labor Code Section 3600(a)(10) as filed after termination, with no prior evidence of injury. The Board found the WCJ's original decision incomplete, failing to address the post-termination defense and specific issues like the date of injury under Section 5412. Therefore, the Board amended the findings to affirm the injury finding but deferred all other issues for further proceedings at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgeLabor Code Section 3600(a)(10)Post-termination defenseDate of injurySection 5412Cumulative traumaIndustrial injury
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. ADJ11354041
Regular
Sep 16, 2019

SEVERIANA SALAZAR GALVAN vs. SPRINGHILL SUITES BY MARRIOTT LOS ANGELES LAX/MANHATTAN BEACH

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior decision that barred the applicant's claim. The applicant alleged a cumulative industrial injury but filed after notice of termination. The Board found that an exception to the post-termination bar applied because the Labor Code Section 5412 date of injury was subsequent to the notice of termination. Consequently, the applicant's claim is not barred, and all other issues are deferred.

Labor Code § 3600(a)(10)Labor Code § 5412post-termination claimdate of injurycumulative injurydisabilityimpairment of earnings capacityratable permanent disabilityJ. T. ThorpInc. v. Workers' Comp. Appeals Bd. (Butler)
References
Showing 1-10 of 268 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