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. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ7144907
Regular
Jun 26, 2012

OSVALDO BERNAL vs. NATIONAL CITY FLOOR COVERINGS, INSURANCE COMPANY OF THE WEST

This order denies Osvaldo Bernal's petition for reconsideration in his workers' compensation case against National City Floor Coverings and Insurance Company of the West. The Workers' Compensation Appeals Board adopted the administrative law judge's report and recommendations, finding no basis to overturn the original decision. Consequently, the Board officially denied reconsideration of the matter.

Workers' Compensation Appeals BoardNational City Floor CoveringsInsurance Company of the WestADJ7144907Order Denying ReconsiderationPetition for ReconsiderationAdministrative Law Judge ReportApplicantDefendantRonnie G. Caplane
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. ADJ4416816 (AHM 0140718); ADJ3554653 (AHM 014719)
Regular
Sep 22, 2010

MARK ROGERS vs. ALL ABOUT FLOORS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY and STATE COMPENSATION INSURANCE FUND; BARRETT BUSINESS SERVICES A.K.A WESTERN FLOORING INSTALLATIONS, PSI

This case involves Mark Rogers' claim for workers' compensation benefits for back injuries sustained while employed by All About Floors, Inc. and Barrett Business Services. The applicant alleged cumulative trauma injury, but medical evidence from Dr. Einbund was inconsistent. Despite Dr. Einbund's initial uncertainty and later inability to state with reasonable medical certainty that a cumulative trauma injury occurred, the Workers' Compensation Appeals Board (WCAB) denied reconsideration. The WCAB adopted the WCJ's report, which found the applicant's testimony credible and supported by medical reports, thus deeming the medical opinion substantial evidence to uphold the findings of fact.

WCABReconsideration DeniedPetition for ReconsiderationCumulative Trauma InjuryMedical EvidenceCausation of InjuryDeposition TestimonyApplicant TestimonyJob DutiesSubstantial Medical Evidence
References
Case No. ADJ11515152
Regular
Mar 17, 2020

Kyle Herrera vs. Tom's Floor Co., WESCO Insurance Company

Applicant sought reconsideration of an approved Compromise and Release, alleging he received inaccurate information leading to an insufficient settlement. The Appeals Board dismissed the petition as premature because no evidence was presented to support the applicant's allegations. The Board returned the matter to the trial level for a hearing to determine if good cause exists to set aside the settlement. Following this hearing, either party may then file a timely petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseGuardian ad LitemFlooring installerLump sum paymentUntimelyDeny reconsiderationPrematureSet aside
References
Case No. ADJ3524170 (SAL 0120031)
Regular
Feb 08, 2012

PEDRO AYALA, Deceased MARIA AYALA, Widow vs. PENINSULA FLOORS, INC., NATIONAL UNION FIRE INSURANCE, C/O AIG AND BASIC FOODS/CONAGRA, LUMBERMENS MUTUAL INSURANCE

This case involves a petition for reconsideration and removal that was dismissed by the Workers' Compensation Appeals Board. The Board found that the order at issue, which joined a party, was not a final order. Consequently, the Board adopted the Administrative Law Judge's report and denied both reconsideration and removal.

Workers' Compensation Appeals BoardPEDRO AYALAMARIA AYALAPENINSULA FLOORSINC.NATIONAL UNION FIRE INSURANCEBASIC FOODS/CONAGRALUMBERMENS MUTUAL INSURANCEOrder Dismissing ReconsiderationDenying Removal
References
Case No. SJO 0224503
Significant

Scott Kunz vs. Patterson Floor Coverings, Inc., Golden Eagle Insurance Co.

The Board held that a defendant's failure to object to a medical treatment bill on a specific basis, such as lack of medical necessity, under Labor Code section 4603.2, does not constitute a waiver of that objection. The matter was remanded to develop the record on this issue.

Alpine Surgery CentersPatterson Floor CoveringsGolden Eagle InsuranceScott Kunzlien claimfacility feemedical necessityLabor Code section 4603.2Official Medical Fee Scheduleoutpatient surgery center
References
Case No. SAC 289086
Regular
Jun 09, 2008

SCOTT PACHECO vs. GRAND FLOOR DESIGNS, LIBERTY MUTUAL/GOLDEN EAGLE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding industrial injury, including Crohn's disease, to the applicant. The Board rescinded the award and returned the case to the trial level due to a lack of substantial medical evidence regarding the Crohn's disease claim. Further proceedings, potentially including the appointment of an independent medical evaluator, are required to properly develop the medical record on this issue.

Workers Compensation Appeals BoardScott PachecoGrand Floor DesignsLiberty MutualGolden Eagle Insurance Companyindustrial injuryCrohn's diseasepsyche injurypermanent disabilityWCJ
References
Case No. SFO 0409187, SFO 0409188
Regular
May 31, 2007

ROSEANNE GUILD vs. KAISER PERMANENTE/KAISER FOUNDATION HOSPITAL, KAISER FOUNDATION HEALTH PLAN

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as untimely because it was filed on the wrong floor of the building, violating Rule 10840. However, the Board granted reconsideration on its own motion to further study the complex factual and legal issues presented by the case. This action was influenced by the history of the case and a policy favoring decisions on the merits.

WCAB Rule 10840Petition for ReconsiderationUntimely FilingSan Francisco District OfficeNinth Floor FilingBoard Motion ReconsiderationPermanent Total DisabilityApportionmentMedical ExaminerCompensable Consequence
References
Case No. LAO 0807776
Regular
Jan 08, 2008

Mason Dow vs. COMMERCIAL INTERIOR RESOURCES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level for further proceedings. The Board found that the Administrative Law Judge erred by improperly applying the Official Medical Fee Schedule to a lien claimant's surgical facility fees incurred prior to its adoption. The case is remanded for the judge to determine the reasonableness of the lien claimant's charges, considering factors outlined in *Kunz v. Patterson Floor Coverings*.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and AwardSurgical Facility FeesKunz v. Patterson Floor CoveringsReasonable FeeOfficial Medical Fee Schedule (OMFS)Outpatient Surgery CenterUsual Fee
References
Showing 1-10 of 78 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