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. ADJ7103630
Regular
May 21, 2012

DENISE SANCHES vs. COUNTY OF SACRAMENTO

This case involves Denise Sanches' workers' compensation claim against the County of Sacramento. The Workers' Compensation Appeals Board dismissed Sanches' Petition for Removal as untimely. The dismissal was based on the petition being filed on March 8, 2012, which was more than the allowed 25 days after the February 13, 2012, decision. This delay violated the time limits prescribed by 8 Cal. Code Regs. § 10843 and Code of Civil Procedure § 1013.

Petition for RemovalUntimelyDecision DateFiling Date25 Days20 Days8 Cal. Code Regs. 10843Code of Civil Procedure § 1013Served by MailDismissed
References
0
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ7535016, ADJ7536297, ADJ8099855
Regular
Sep 05, 2013

DAVID MURILLO-RAMOS vs. NATIONAL RETAIL TRANSPORTATION, TRAVELERS INSURANCE

This Workers' Compensation Appeals Board order dismisses the Applicant's Petition for Reconsideration. The dismissal is based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and there was no proof of proper service under Cal. Code Regs., tit. 8, § 10565(d). The Board cites prior case law supporting dismissal for these types of violations. Consequently, the Petition for Reconsideration filed by David Murillo-Ramos against National Retail Transportation and Travelers Insurance is formally rejected.

Petition for ReconsiderationDismissalVerificationLabor Code section 5902Proof of ServiceCal. Code Regs.tit. 8§ 10565(d)WCJ ReportWorkers' Compensation Appeals Board
References
2
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
Case No. 08-04-00255-CV
Regular Panel Decision
Jun 16, 2005

in Re: Big 8 Food Stores, Ltd.

Big 8 Food Stores, Ltd. (Relator) sought a writ of mandamus against Judge Javier Alvarez (Respondent) after the trial court denied Big 8's motion to compel arbitration with its employee, Maria Marquez (Real Party in Interest). Marquez, an employee injured on the job, sued Big 8 for negligence. Big 8 asserted the existence of a signed arbitration agreement, which Marquez claimed she did not understand and was fraudulently induced into signing. The appellate court reviewed the denial of the motion to compel arbitration under the Federal Arbitration Act (FAA). The court found that Marquez had signed the agreement, received benefits under it, and there was no evidence of mental incapacity or fraud. The court also determined that Big 8's business operations involved interstate commerce, making the FAA applicable. Consequently, the appellate court conditionally granted the petition for writ of mandamus, directing the trial court to compel arbitration.

ArbitrationMandamusEmployment AgreementNegligenceFederal Arbitration ActContract LawUnconscionabilityInterstate CommerceTexas LawAppellate Review
References
42
Case No. 14-10-00756-CV
Regular Panel Decision
Nov 08, 2011

Otis Lee Harris, Sr. v. Rocking 8 Transportation., Inc.

Otis Lee Harris, Sr. appealed the granting of a motion for summary judgment in favor of Rocking 8 Transportation, Inc. Harris alleged breach of contract, claiming Rocking 8 failed to provide a promised lumbar support, leading to a debilitating back injury. Rocking 8 asserted an affirmative defense, claiming it was a subscriber to the Texas Workers' Compensation Act and therefore protected by its exclusive remedy provision. The appellate court found that Rocking 8 failed to meet its summary judgment burden by not conclusively proving it had workers' compensation insurance at the time Harris's alleged injury occurred. Specifically, the insurance policy provided by Rocking 8 expired before the end of Harris's employment, and the pleadings did not unequivocally establish the injury date within the coverage period. Therefore, the trial court's summary judgment was reversed, and the case was remanded for further proceedings.

Workers' CompensationSummary JudgmentBreach of ContractAffirmative DefenseExclusive RemedyTexas Labor CodeAppellate ReviewFactual DisputeInsurance CoverageEmployment Law
References
17
Case No. MISSING
Regular Panel Decision

Cal-Tex Lumber Co., Inc. v. Owens Handle Co., Inc.

Owens Handle Company, Inc. (Owens Co.) sued Cal-Tex Lumber Company, Inc. (Cal-Tex) for breach of contract and violation of the Texas Deceptive Trade Practices Act (DTPA). A jury awarded Owens Co. damages for breach of contract, which Cal-Tex appealed. The appellate court affirmed that Owens Co.'s duty to provide insurance was not a condition precedent to Cal-Tex's site preparation duties and dismissed Cal-Tex's waiver argument regarding prior breaches. However, the court found the evidence legally insufficient to support the full lump-sum damages awarded for lost profits, specifically beyond the first year of the contract. Consequently, the trial court's judgment was reversed, and the cause was remanded for a new trial to recalculate damages.

Breach of ContractDeceptive Trade Practices ActDTPALost ProfitsCondition PrecedentWaiverContractual ObligationsDamagesLegal SufficiencyFactual Sufficiency
References
31
Case No. ADJ7249250
Regular
Jun 23, 2011

GUADALUPE MEDINA vs. CLOUGHERTY PACKING dba FARMERS JOHN

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to allow them to file a supplemental pleading. This supplemental filing is permitted under California Code of Regulations, Title 8, Section 10848. The defendant must file this pleading within 10 days. The Board granted reconsideration specifically to review the facts and law relevant to the supplemental petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionCalifornia Code of Regulations Title 8 Section 10848WCJPermissibly Self-InsuredClougherty PackingFarmers JohnGuadalupe MedinaJames Scherer
References
0
Case No. ADJ4539662 (LBO 0266945)
Regular
Feb 07, 2011

RAUL ANAYA vs. MCDONNELL DOUGLAS; CIGA c/o CAMBRIDGE INTEGRATED SERVICES for FREMONT INDEMNITY in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a venue change order. However, treating the petition as a request for removal, the WCAB granted removal and rescinded the order. The WCAB found that the defendant improperly sought a venue change to consolidate cases, as consolidation requires following specific procedures outlined in Cal. Code Regs., tit. 8, § 10260(b).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueLabor Code Section 5501.5(c)Cal. Code Regs. tit. 8 § 10410Adjudication Case NumberPWCJStipulated AwardContribution Proceeding
References
14
Case No. ADJ7048367
Regular
May 24, 2016

BLANCA CANTU vs. NATIONAL STEEL & SHIPBUILDING COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification against the defendant, National Steel & Shipbuilding Company. This dismissal was based on the petition being untimely filed, as it was not submitted until February 24, 2016, after multiple continuances of the trial date since March 2015. The Board adopted the WCJ's report and recommendations, which found the petition untimely under Cal. Code Regs., tit. 8, § 10452. Even if the petition had not been untimely, the Board indicated it would have been denied on its merits.

Petition for DisqualificationWCJtimelinessuntimelinessMandatory Settlement Conferencecontinuancesupplemental petitionCal. Code Regs.tit. 8§ 10848
References
0
Showing 1-10 of 6,279 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