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. ADJ8603938
Regular
Sep 18, 2015

MACARIO IGLESIAS vs. ABE EL PRODUCE, INSURANCE COMPANY OF THE WEST

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the administrative law judge's exclusion of their exhibits. The exhibits were deemed untimely filed as they were received by the Board less than 20 days before trial, contrary to a pre-trial order. The Board confirmed that the relevant Appeals Board rule regarding filing dates had not been repealed and that the lien claimant failed to meet their burden of proof. A dissenting opinion argued the pre-trial order was potentially ambiguous and that the exhibits should have been admitted given timely service and no prejudice to the defendant.

Workers Compensation Appeals BoardLien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals Judge (WCJ)ExhibitsTimely filedRepealed ruleRule 10392Pre-trial conference
References
Case No. ADJ 4103043 (VNO 0476350) ADJ 3126939 (VNO 0476351) ADJ 2605301 (VNO 0476352)
Regular
Jan 05, 2011

JOHN ALLEN PERRY vs. THE KROGER CO. DBA FOOD 4 LESS, PSI, ADMINISTERED BY SEDGWICK CMS

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that surgery was "probably" required based on the Agreed Medical Evaluator's deposition testimony. The Board found that the defendant waived any objection to the applicant's evidence by failing to offer potentially contradictory reports in rebuttal at trial. Furthermore, the Board noted that it is not bound by common law evidence rules and hearsay is admissible.

Agreed Medical EvaluatorMandatory Settlement ConferencePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJRebuttalInvited ErrorHearsay AdmissibleLabor Code Sections 57085709
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. ADJ3847846 (SDO 0345131)
Regular
Apr 24, 2009

Michelle Camp vs. San Diego Rural Fire Protection District

The Appeals Board granted reconsideration of the WCJ's decision regarding applicant Michelle Camp's temporary disability benefits and attorney's fees. The Board rescinded the original decision due to procedural errors, specifically the lack of a proper record including issues and stipulations, and the reliance on unverified letters as petitions. The case is remanded to the trial level for further proceedings, a corrected record, and a new decision. This action ensures all procedural requirements are met before a final determination is made.

Workers' Compensation Appeals Boardvolunteer firefightertemporary disability indemnityattorney's feepetition for reconsiderationproper recordissues and stipulationsMinutes of Hearing Summary of Evidenceunverified letterLab. Code
References
Case No. ADJ8647584
Regular
Jun 07, 2017

Antonio Vargas vs. Darrell Becker, Becker Construction, Ace Private Risk Services, ESIS, Miguel Quintero

The Appeals Board affirmed a WCJ's finding that Antonio Vargas sustained industrial injury to his bilateral wrists while employed as a painter/helper. The Board found no error in admitting Vargas's remote testimony via FaceTime from Mexico, considering his deportation established his unavailability. Testimony from Aida Higuera, mother of Vargas's children, was also deemed admissible to confirm his identity, as the need arose after the pre-trial conference. However, the issue of injury to other body parts was deferred for further proceedings due to insufficient evidence.

Remote TestimonyFaceTimeDue ProcessEvidence Code 240Labor Code 5502(d)(3)Pretrial Conference StatementUnavailabilityPerjuryFederal Rules of Civil ProcedureLabor Code 5710
References
Showing 1-5 of 5 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