Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ744923 (ANA 0385182)

Regular

Jul 22, 2011

CHARLES BUFFINGTON III vs. FACTORY MUTUAL, INFRARED TESTING, INC., LIBERTY MUTUAL INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Factory Mutual seeks reconsideration of a workers' compensation decision finding Liberty Mutual provided coverage for Infrared Testing, Inc. during the applicant's injury period. Factory admits it sold its interest in Infrared before the cumulative injury period, arguing Liberty's coverage stipulation was a mistake. The Board dismissed Factory's petition, finding Factory lacks standing as it had no interest in the employer after August 2, 2000. The Board also indicated it would have denied the petition on the merits due to Liberty's stipulation and the elapsed premium collection period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersStipulationCoverage disputeMistake in coverageSale of interestUninsured Employers Benefits Trust FundStandingAggrieved party

References

Case No. ADJ8002481

Regular

Jun 05, 2012

MICHAEL GAMBILL vs. CONSTRUCTION TESTING SERVICES, INC., IMPERIUM INSURANCE COMPANY

In *Gambill v. Construction Testing Services, Inc.*, the Workers' Compensation Appeals Board granted defendant's Petition for Removal. The Board found that defendant's attorney's late appearance at a Mandatory Settlement Conference was due to an inadvertent calendaring error, not a pattern of misconduct. Therefore, substantial justice warranted allowing the parties to revise their Pretrial Conference Statement before the scheduled trial. The Board's decision permits revised pretrial statements and allows the judge to take further appropriate action at trial, including potential continuances.

Petition for RemovalMandatory Settlement ConferenceMiscalendaringInadvertent ErrorSubstantial JusticeReimbursement of CostsPretrial Conference StatementDecision After RemovalWorkers' Compensation Appeals BoardWCJ

References

Case No. ADJ9767947

Regular

Jan 18, 2017

GILBERT PEREZ vs. ABC SHEET METAL, LIBERTY MUTUAL INSURANCE

This case involves an applicant who sustained industrial injury to his left knee and abdomen. The trial judge initially found injury to these parts but also found no injury to back, psyche, lower extremities, and stress, which the applicant appealed. The appellate court annulled the denial of reconsideration, finding the trial judge improperly ruled on body parts not fully at issue. The Appeals Board rescinded the negative finding, deferred the issue of additional injured body parts, and remanded for further proceedings to determine if injury to other parts occurred.

WCABindustrial injurywelderleft kneeabdomenbackpsychelower extremitiesstressCourt of Appeal

References

Case No. AHM 0109985

Regular

Aug 04, 2008

JOSE PERDOMO vs. ABC SUPPLY COMPANY, INC., ESIS

This case involves a dispute over a deposition scheduled by applicant's counsel, which defense counsel claims was erroneously set and misrepresented. The defendant sought removal of an order that took the case off calendar, alleging prejudice from applicant's counsel's representations. The Appeals Board granted removal, rescinded the off-calendar order, and returned the matter to the trial level to determine the conflicting factual claims regarding the deposition.

Petition for RemovalOrder Taking Off CalendarAppirionWCJDepositionApplicant CounselDefense CounselVerified AnswerReport and RecommendationTrial Level

References

Case No. ADJ1345018

Regular

Dec 03, 2012

ROSALIE B. WHITE vs. ABC DESIGN & MARKETING, INC.

The Workers' Compensation Appeals Board denied reconsideration of the WCJ's decision. The WCJ found the applicant failed to meet her burden of proof to establish an industrial injury. The applicant's testimony was found to be inconsistent and not credible, with her subsequent correspondence indicating threats rather than genuine complaints. The Board gave great weight to the WCJ's credibility findings, thereby upholding the denial of the claim.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.burden of proofindustrial injurypsyche injuryheadachesstressright hand injury

References

Case No. ADJ8217072

Regular

Nov 06, 2013

SANDRA MILLER vs. ABC UNIFIED SCHOOL DISTRICT, KEENAN \& ASSOCIATES

The applicant, Sandra Miller, sought temporary disability benefits following a bus accident. The defendants contested her entitlement, arguing insufficient medical evidence of disability and lack of lost wages. The Appeals Board modified the original award, finding that based on her primary treating physician's reports, Miller was entitled to temporary disability indemnity benefits only from March 26, 2012, to June 20, 2012. The Board rejected entitlement for earlier periods due to a lack of substantial medical evidence supporting disability claims prior to Dr. Barri's reports. The case was returned to the trial level with this amended finding.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityPrimary Treating PhysicianMedical OpinionSubstantial EvidenceLost WagesSummer MonthsRetirementMotor Vehicle Accident

References

Case No. ADJ1537149

Regular

Apr 26, 2013

ALEJANDRO BECERRA vs. ABC TRIM BELT INCORPORATED, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision, rescinded it, and returned the case to the administrative law judge (WCJ) for further proceedings. The WCAB directed the WCJ to specifically address a lien claimant's objection and determine if "good cause" exists to prevent dismissal of the lien. This decision is not final, and parties retain their rights to further reconsideration after the WCJ's new decision.

Workers' Compensation Appeals BoardReconsiderationAdministrative Law JudgeLien ClaimantGood CauseDismissal of LienRescinded DecisionFurther ProceedingsTrial LevelDecision After Reconsideration

References

Case No. ADJ7582920

Regular

Mar 07, 2014

CRAIG SCHULTZ vs. JOINT TEST, TACTICS \u0026 TRAINING/JT3, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding, holding that the applicant's injury sustained during his commute to work is barred by the "going and coming" rule. While the WCJ found a transportation exception applied due to the employer potentially benefiting from the applicant's personal vehicle, the WCAB found no such exception was proven. The Board emphasized that the applicant was commuting outside of work hours in his personal car, and no evidence indicated he was engaged in a special mission or that the employer required him to use his own vehicle. Therefore, the applicant's claim was denied as it did not arise out of or occur in the course of employment.

Going and Coming RuleTransportation ExceptionIndustrial InjuryTechnical DrafterEdwards Air Force BasePersonal Vehicle UseEmployer BenefitCourse of EmploymentSpecial MissionLabor Code Section 3600

References

Case No. ADJ7405601

Regular

Dec 14, 2018

BENIGNO CONTREREAS vs. VALLEY EDUCATIONAL SERVICES INC, dba ABC AUTO BODY, BRYANT GOMES and OLGA GOMES, individually and as SSH OF VALLEY EDUCATIONAL SERVICES INC, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration. The defendant sought reconsideration of a Notice of Intent to Approve Stipulations, arguing the applicant was not an employee. However, the Board found that the Notice and subsequent procedural orders were not final determinations of substantive rights or liabilities. Therefore, they were not subject to reconsideration, and the case will return to the trial level.

Petition for ReconsiderationNotice of Intent to Approve StipulationsFinal OrderLabor CommissionerEmployee StatusUninsured Employers Benefits Trust FundWorkers' Compensation Appeals BoardWCJStipulations with Request for AwardInterlocutory Decision

References

Case No. ADJ19479057

Regular

Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor

References

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ744923 (ANA 0385182)

Regular

Jul 22, 2011

CHARLES BUFFINGTON III vs. FACTORY MUTUAL, INFRARED TESTING, INC., LIBERTY MUTUAL INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

References

Case No. ADJ8002481

Regular

Jun 05, 2012

MICHAEL GAMBILL vs. CONSTRUCTION TESTING SERVICES, INC., IMPERIUM INSURANCE COMPANY

References

Case No. ADJ9767947

Regular

Jan 18, 2017

GILBERT PEREZ vs. ABC SHEET METAL, LIBERTY MUTUAL INSURANCE

WCABindustrial injurywelderleft kneeabdomenbackpsychelower extremitiesstressCourt of Appeal

References

Case No. AHM 0109985

Regular

Aug 04, 2008

JOSE PERDOMO vs. ABC SUPPLY COMPANY, INC., ESIS

Petition for RemovalOrder Taking Off CalendarAppirionWCJDepositionApplicant CounselDefense CounselVerified AnswerReport and RecommendationTrial Level

References

Case No. ADJ1345018

Regular

Dec 03, 2012

ROSALIE B. WHITE vs. ABC DESIGN & MARKETING, INC.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.burden of proofindustrial injurypsyche injuryheadachesstressright hand injury

References

Case No. ADJ8217072

Regular

Nov 06, 2013

SANDRA MILLER vs. ABC UNIFIED SCHOOL DISTRICT, KEENAN \& ASSOCIATES

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityPrimary Treating PhysicianMedical OpinionSubstantial EvidenceLost WagesSummer MonthsRetirementMotor Vehicle Accident

References

Case No. ADJ1537149

Regular

Apr 26, 2013

ALEJANDRO BECERRA vs. ABC TRIM BELT INCORPORATED, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardReconsiderationAdministrative Law JudgeLien ClaimantGood CauseDismissal of LienRescinded DecisionFurther ProceedingsTrial LevelDecision After Reconsideration

References

Case No. ADJ7582920

Regular

Mar 07, 2014

CRAIG SCHULTZ vs. JOINT TEST, TACTICS \u0026 TRAINING/JT3, THE HARTFORD

Going and Coming RuleTransportation ExceptionIndustrial InjuryTechnical DrafterEdwards Air Force BasePersonal Vehicle UseEmployer BenefitCourse of EmploymentSpecial MissionLabor Code Section 3600

References

Case No. ADJ7405601

Regular

Dec 14, 2018

BENIGNO CONTREREAS vs. VALLEY EDUCATIONAL SERVICES INC, dba ABC AUTO BODY, BRYANT GOMES and OLGA GOMES, individually and as SSH OF VALLEY EDUCATIONAL SERVICES INC, UNINSURED EMPLOYERS BENEFITS TRUST FUND

References

Case No. ADJ19479057

Regular

Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor

References

Showing 1-10 of 80 results

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