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. ADJ2656335 (VNO 0467107)
Regular
Jul 31, 2014

WENDY ADAMSON vs. DESIGNING HEALTH INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION/AMERICAN COMMERCIAL

In this workers' compensation case, the defendant sought to remove an order requiring the applicant to undergo a medical-legal examination by Dr. Levine regarding chronic pain versus fibromyalgia. The defendant argued the Administrative Law Judge (ALJ) exceeded her authority under Labor Code section 5701. The Appeals Board denied the petition, finding the examination was properly ordered under section 4062(a) and not section 5701. The Board emphasized the matter's advanced age (thirteen years post-injury) and instructed that no further continuances would be permitted after the examination and potential rebuttal.

Petition for RemovalMedical-legal examinationLabor Code section 5701Labor Code section 4062(a)Agreed Medical EvaluatorChronic painFibromyalgiaIndustrial injuryWCJAppeals Board
References
Case No. ADJ3748181 (SBR 0311583), ADJ3809298 (SBR 0325610)
Regular
Oct 13, 2011

ARACELY MARTINEZ vs. COUNTY OF RIVERSIDE; SCIF INSURED, INLAND EMPIRE, SCIF STATE EMPLOYEES

The Workers' Compensation Appeals Board denied Aracely Martinez's petition for reconsideration, adopting the findings of the workers' compensation administrative law judge. The Board clarified that while the judge could consider a "regular physician" for an independent medical examination under Labor Code section 5701, no authority existed for a formal Independent Medical Examiner (IME). Consequently, the defendant's petition for reconsideration was denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardIndependent Medical ExaminerRegular PhysicianLabor Code Section 5701County of RiversideSCIF InsuredAdministrative Law JudgeDeny ReconsiderationSBR District Office
References
Case No. ADJ1124374 (AHM 0074486)
Regular
Oct 16, 2013

JOHN MARUSCA vs. CONEYBEARE PERSONNEL SERVICE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the disallowance of the claimant's lien for medical treatment. The WCAB found that Dr. Hewko's arguments regarding the admissibility of Dr. Haldeman's opinions and the necessity of a physical examination under Labor Code Section 5701 were without merit. The Board also noted misrepresentations made by the lien claimant and his representative in the petition, warning of potential sanctions. Consequently, the original findings disallowing the lien were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantIndustrial InjurySpine InjuryMedical TreatmentSubstantial Medical EvidenceDue ProcessLabor Code Section 5701WCAB Authority
References
Case No. ADJ3036681 (MON 0280013) ADJ3962905 (MON 0243589)
Regular
Feb 18, 2011

BOOKER T. JONES vs. ALLIED SIGNAL, ZURICH NORTH AMERICA INSURANCE COMPANY

The WCAB granted reconsideration, rescinded the WCJ's decisions, and returned the case for further proceedings. The Board found the WCJ's reliance on a defense QME's opinion regarding apportionment of psychiatric disability was not supported by substantial evidence. Specifically, the QME failed to adequately explain the basis for his apportionment of 25% to non-industrial factors and his change in opinion from prior reports. The Board ordered further development of the record, including potentially appointing a regular physician under Labor Code section 5701, to address complex medical issues.

Workers' Compensation Appeals Boardindustrial injurypsyche injurybilateral hearing losstinnituspermanent disabilityapportionmentQualified Medical Examinersubstantial evidenceMajor Depressive Disorder
References
Case No. STK 0086268 STK 0087759
Regular
Jul 10, 2007

GERALD PADGETT vs. LEPRINO FOODS COMPANY, MATRIX ABSENCE MANAGEMENT

This Workers' Compensation Appeals Board case involves a dispute over medical treatment for applicant Gerald Padgett. The defendant sought reconsideration of an order that required applicant to return to a previous QME, arguing for a separate medical-legal evaluation and alleging fraud by the applicant and his chiropractor regarding a non-industrial injury. The Board granted reconsideration, amended the order to require examination by a regular physician under Labor Code section 5701, and returned the matter to the trial level to determine if treatment needs stem from industrial or non-industrial injuries.

Petition for ReconsiderationMedical treatment disputeQualified Medical EvaluatorSupplemental reportStipulated awardFraudConcealmentMisrepresentationUnrepresented applicantRegular physician
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ887872 (VEN 0115373) ADJ1162935 (OXN 0126518)
Regular
Jun 02, 2009

LEONARD WHITELEY vs. CONCRETE EXPRESS, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY by GAB ROBINS

This case involves a cement truck driver who sustained multiple industrial injuries, including a specific injury in 1998 and a cumulative trauma injury thereafter. Both the applicant and defendant Cal Indemnity sought reconsideration of a prior award, raising issues of compensable body parts, 100% permanent disability, and apportionment between the two injuries. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level to develop the record. This development will include obtaining a report from an independent physician to address the critical issue of apportionment of permanent disability between the distinct industrial injuries, as required by *Benson*.

Workers' Compensation Appeals BoardLeonard WhiteleyConcrete ExpressState Compensation Insurance FundCalifornia Indemnity Insurance CompanyJoint Findings and AwardOrder of CommutationCumulative Trauma InjurySpecific InjuryApportionment
References
Case No. ADJ6899666 ADJ6899667
Regular
Jan 25, 2016

KIMBERLY CHAMBERS vs. UCLA MEDICAL CENTER, Permissibly SelfInsured, Administered By SEDGWICK CMS

This case concerns an applicant's industrial injury causing cardiovascular and digestive system damage. The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as moot due to the judge's rescission of a prior award. The Board granted the defendant's petition, limiting the applicant's total temporary disability to 104 weeks per Labor Code section 4656(c)(2). The issue of a 15% permanent disability increase under Labor Code section 4658(d)(2) was deferred for further proceedings.

Petition for ReconsiderationDismissalFindings of FactOrder and AwardWCJPhlebotomistIndustrial InjuryCardiovascular SystemTemporary DisabilityPermanent Disability
References
Case No. ADJ2956078
Regular
Nov 17, 2010

FILIBERTO SANTOYO vs. FIESTA FOOD WAREHOUSE, SPRINGFIELD INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that the applicant misrepresented material evidence in the petition. The applicant had argued the trial judge issued an order without allowing a response, thus violating due process. However, the Board found inconsistencies between the applicant's claims regarding medical reports and the actual contents of those reports. The case is returned to the trial level for proceedings consistent with the opinion.

Petition for RemovalOrder RescindingDue ProcessQualified Medical EvaluatorsMedical Record DevelopmentApplication for Adjudication of ClaimIndustrial InjurySecurity GuardRight KneeLower Extremities
References
Showing 1-10 of 101 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