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. ADJ4446673 (AHM 0130995)
Regular
Oct 13, 2020

OCTAVIO ARTURO ANAYA vs. CARLOS SANDOVAL DBA SANDS TRANSPORT, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant sought an increased hourly rate for attendant care services provided since January 1, 2020. The defendant argued the Administrative Law Judge erred by modifying a 2013 stipulation award outside the five-year statutory period under Labor Code section 5804. The Appeals Board granted reconsideration, affirming the increased rate by distinguishing enforcement of awards under section 5803 from modification under section 5804. The Board clarified that the 2013 award's provision for ongoing attendant care allowed for adjustments based on reasonable costs, without violating the five-year limitation.

Workers' Compensation Appeals Boardattendant care serviceshourly rateStipulation Award OrderLabor Code section 5803Labor Code section 5804petition for reconsiderationadministrative law judgehome health carewage analysis report
References
3
Case No. ADJ578550
Regular
Nov 19, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, Intercare, Paula Insurance

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) order. The Board issued an order correcting its November 17, 2010 Opinion and Order Denying Petition for Reconsideration. Specifically, the word "not" was omitted on page 2, line 21, affecting the interpretation of Labor Code section 5804. The correction clarifies that the cited section does not bar the Board from amending a WCJ's decision.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorPetition for ReconsiderationOpinion and Order Dismissing PetitionDecision After ReconsiderationLabor Code Section 5804InterlineationsCIGAPaula InsuranceMajestic Insurance Company
References
0
Case No. AHM 81069 AHM 81103 AHM 81104
Regular
Jan 14, 2008

SHEILA RAY vs. RALPHS GROCERY COMPANY, SEDGWICK DMS, INC.

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior order that had set aside a 2001 stipulated award. The Board found the judge lacked jurisdiction under Labor Code section 5804 to grant the applicant's petition to set aside the award due to a supposed mutual mistake regarding permanent disability rating. Consequently, the applicant's petitions to set aside the award and to reopen for new and further disability were denied.

WCABRalphs Grocery CompanySedgwick DMSSheila RayReconsiderationStipulated AwardMutual MistakeDisability Evaluation SpecialistPetition to Set AsideJurisdiction
References
0
Case No. ADJ1887143 (SJO 0240404)
Regular
Feb 01, 2010

SHEILA GOKEY vs. ASSOCIATION MANAGEMENT SERVICE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns an admitted industrial neck injury from 2000. The defendant seeks relief from a prior stipulation agreeing to further medical treatment for the applicant's neck. The Appeals Board rescinded the prior award because the judge improperly applied Labor Code section 5804 to a stipulation, not an award. The matter is returned for a determination on whether good cause exists to set aside the stipulation and for further proceedings on the merits of medical treatment if the stipulation is vacated.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardStipulationFurther medical treatmentLabor Code section 5804Good causeRescindReturn to trial levelWaiver
References
1
Case No. SFO 0472837
Regular
Jul 17, 2007

SHANE HUNTER vs. FRANCISCAN RESTAURANT, LLC, PIER 431 / 2 PARKING CORP., ALEA-NORTH AMERICA, CHUBB SERVICES GROUP

The Workers' Compensation Appeals Board denied a petition for removal but granted reconsideration regarding Alea North America's request to set aside a prior stipulation on insurance coverage. The Board determined that Labor Code section 5804 does not preclude reconsideration of Alea's stipulation to coverage and remanded the case for an evidentiary hearing on good cause to rescind that stipulation. The joinder of Republic Indemnity Insurance Company was reinstated, and Alea remains liable for benefits pending further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationFindings and AwardLabor Code Section 5803Labor Code Section 5804Order of JoinderRepublic Indemnity Insurance CompanyAlea North America Insurance CompanyStipulation to Coverage
References
2
Case No. ADJ578550 (SRO 0141469)
Regular
Nov 17, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, adjusted by Intercare for Paula Insurance, now in liquidation

The Workers' Compensation Appeals Board denied Majestic Insurance Company's petition for reconsideration. Majestic argued the Board erred by granting an unverified petition from CIGA and that amending the award to include medical treatment violated Labor Code section 5804. The Board found that failure to verify a petition is not a jurisdictional defect and that they had discretion to proceed. They also clarified that the WCJ did find a need for medical treatment, and its omission was a clerical error within their power to correct in an ongoing case.

ADJ578550CIGAMajestic Insurance CompanyPetition for Reconsiderationsuccessive petitionunverified petitionjurisdictional defectclerical errorLabor Code section 5804medical treatment award
References
4
Case No. ADJ5814204
Regular
May 11, 2017

HENRY HANSEN vs. TRANSPORT DRIVERS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order consolidating two workers' compensation cases. Defendant SCIF argued the WCAB lacked jurisdiction to consolidate a case settled over five years prior, as permitted by Labor Code Section 5804. The WCAB found SCIF was denied due process as it did not have an opportunity to present its position on consolidation before the order was issued, given its lack of involvement in the trial where consolidation occurred. The matter was returned to the trial level for further proceedings and a hearing on the consolidation issue.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and Order of ConsolidationCompromise and ReleaseLabor Code section 5804Due ProcessFair HearingRescindedReturned to Trial LevelAthens Administrators
References
1
Case No. ADJ3045197 (LAO 0818234)
Regular
Oct 07, 2011

DIOMEDES QUINONEZ vs. CHECKMATE STAFFING, INC., BUCKEYE CLAIMS, J.C. PENNEY, INC., AIG CLAIM SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEF) sought reconsideration of a prior award against Checkmate Staffing, arguing an automatic bankruptcy stay invalidated it. The Board denied the UEF's petition, finding it lacked jurisdiction to rescind an award over seven years old. California Labor Code Section 5804 strictly limits rescission or alteration of awards to five years post-injury. The Board emphasized that rescinding the award would contravene the legislative intent behind the UEF to protect workers injured by illegally uninsured employers.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationFindings and AwardBankruptcy Automatic StayLabor Code Section 5804Jurisdictional LimitationRescind AwardContinuing JurisdictionLegally Uninsured EmployerDate of Injury
References
7
Case No. SBA 0083894; SBA 0099253
Regular
Jul 29, 2008

RAFAEL LOPEZ vs. SAN YSIDRO RANCH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For HIH AMERICA, In Liquidation

This case concerns an applicant's petition to amend a prior workers' compensation award to include the right shoulder as an injured body part. The Appeals Board denied reconsideration, holding that the omission of the right shoulder was not a clerical error and that Labor Code section 5804, which limits amendments to awards after five years from the date of injury, barred the requested modification. Since the applicant sought to add a new injury rather than enforce an existing award and the five-year jurisdictional limit had passed, the Board lacked the authority to grant the relief sought.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulated Awardclerical errorLabor Code § 5804continuing jurisdictiondate of injuryAgreed Medical Examiner (AME)permanent disabilitymedical treatment
References
4
Case No. ADJ4684775
Regular
Jan 18, 2011

JOANN LUTZ vs. RUSSELL WARNER dba ROTO ROOTER SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE COMPANY, in liquidation, and for FREMONT INSURANCE COMPANY, in liquidation, LINDA McDONALD, STATE FARM INSURANCE COMPANY

This case involves appeals regarding an industrial injury award for applicant Joann Lutz. The Workers' Compensation Appeals Board affirmed the finding of industrial injury but modified the award, correcting calculation errors and clarifying employer liability. CIGA's contention that it should be relieved of liability due to other available insurance was rejected, as prior rulings established its binding obligation, and Labor Code section 5804 prevented amending the 2002 stipulated award. The Board also affirmed the denial of applicant's claim for psychiatric injury, deeming the medical evidence insufficient.

CIGAPaula Insurance CompanyFremont Insurance CompanyState Farm Insurance CompanyLinda McDonaldRussell WarnerRoto Rooterstipulated awardapportionmentpsyche injury
References
12
Showing 1-10 of 16 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