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. ADJ12508262
Regular
Nov 04, 2025

SHAUNDONNA KELSO vs. COUNTY OF FRESNO, ACCLAMATION SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied Shaundonna Kelso's Petition for Reconsideration against County of Fresno and Acclamation Sacramento. The Board adopted the Workers' Compensation Judge's (WCJ) decision, finding that the Agreed Medical Evaluator (AME) Dr. Peter Mandell's opinions on the permanent and stationary (P&S) date and apportionment were inconsistent, ambiguous, and speculative, therefore not constituting substantial medical evidence. The WCAB concluded that the applicant's P&S date was July 17, 2020, and the defendant failed to meet its burden of proof for apportionment, affirming an un-apportioned award of 54% permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management SystemSubstantial EvidenceApportionmentAgreed Medical EvaluatorPermanent DisabilityTemporary DisabilityReasonable Medical Probability
References
15
Case No. MISSING
Regular Panel Decision

Blakeley v. Fresno Oil Co.

J. Y. Blakeley sued Fresno Oil Company, Inc. for unpaid overtime, penalties, and attorney's fees under the Fair Labor Standards Act of 1938. Blakeley, an oil well pumper, alleged he worked more than 42 hours per week but was instructed to only report 42 hours. The defendant denied the claims, stating full payment was made and that claimed overtime included non-productive travel time. The trial court submitted special issues to a jury which found in favor of Blakeley, but then granted the defendant's motion for judgment notwithstanding the verdict, entering a 'take nothing' judgment. On appeal, the court affirmed the trial court's decision, finding that Blakeley failed to prove the defendant was engaged in interstate commerce during his employment and that his evidence regarding compensable overtime hours was indefinite and uncertain.

OvertimeFair Labor Standards ActFLSAInterstate CommerceBurden of ProofJudgment Notwithstanding VerdictDirected VerdictOil IndustryPumperUnpaid Wages
References
19
Case No. ADJ849256 (FRE 0233550)
Regular
Nov 24, 2008

JOHNNY W. NELUM vs. CITY OF FRESNO, Permissibly SelfInsured, as administered by AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order to change venue from Fresno to Bakersfield. While the Board found no good cause for the venue change based on convenience and prior trial proceedings, it acknowledged the Presiding Judge's concerns about the appearance of bias in Fresno. Therefore, the Board ordered a judge from outside the Fresno district to preside over the trial to ensure impartiality.

RemovalChange of VenueLabor Code section 5501.6Presiding Workers' Compensation Administrative Law JudgePWCJFair TrialIndustrial InjuryPsycheVenueGood Cause
References
1
Case No. ADJ7646505
Regular
Dec 31, 2018

GOOFFERY SHANEN vs. COUNTY OF SAN BERNADINO, COUNTY OF FRESNO, ANAHEIM FULLERTON TOWING, ROGERS HELICOPTER, INC., STATE COMPENSATIN INSURANCE FUND, COMMERCE AND INDUSTRY INSURANCE

The Workers' Compensation Appeals Board denied the County of Fresno's petition for reconsideration. The Board found that it acted within the statutory 60-day period to grant the applicant's initial petition. Furthermore, the Board affirmed that the applicant was entitled to the legal presumption that his cancers arose from his employment with Fresno County, as his cancers manifested within the extended period following his termination. Therefore, employer liability remains limited to his employment with the County of Fresno.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeputy SheriffOccupational DiseaseCumulative InjuryTonsil CancerProstate CancerLabor Code section 3212.1Legal PresumptionPeace Officer
References
0
Case No. ADJ6766227
Regular
Mar 25, 2013

DAVID CASE vs. CITY OF FRESNO

The Workers' Compensation Appeals Board denied the City of Fresno's petition for reconsideration. The Board affirmed the prior finding that the applicant sustained cumulative industrial injuries of throat/tongue and prostate cancer while employed as a police officer for the City of Fresno. Despite the prostate cancer manifesting after applicant's employment with the City ended, the Board found the City liable based on the long latency period of the cancer and the applicant's presumed exposure to carcinogens during his employment. The defendant failed to rebut the Labor Code section 3212.1 presumption of liability.

Workers' Compensation Appeals BoardDavid CaseCity of Fresnocumulative industrial injurythroat cancertongue cancerprostate cancerpolice officerLabor Code section 3212.1presumption of compensability
References
2
Case No. ADJ3802070 (OAK 0299591)
Regular
Sep 21, 2010

KATHY MCFALL vs. CITY OF TRACY; ACCLAMATION FRESNO

The WCAB denied the defendant's petition for removal, which sought to rescind a WCJ's order denying dismissal. The WCJ had correctly noted that the defendant vitiated its dismissal petition by concurrently filing a Declaration of Readiness to Proceed, thus reactivating the case. Although the defendant's petition was dismissed without prejudice, the Board clarified that filing a DOR does not prevent a case from being dismissed if inactive for over a year. The case is now scheduled for a mandatory settlement conference where the dismissal issue can be addressed on its merits.

WCABPetition for RemovalPetition for DisqualificationWCJ8 Cal. Code Regs. § 10582Declaration of Readiness to ProceedPetition to DismissOff CalendarMandatory Settlement ConferenceIndustrial Injury
References
0
Case No. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)
Regular
Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

This case concerns a worker's compensation claim for a back and spine injury sustained by Larry Shores. The Board granted reconsideration, rescinded sanctions imposed on the defendant for litigation tactics, and rescinded a penalty for delayed temporary disability payments. However, it otherwise affirmed the finding of industrial injury, awarded penalties for unreasonable delay in medical treatment, and upheld the need for ongoing medical care, including surgery.

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury
References
27
Case No. ADJ 7620353
Regular
Feb 06, 2012

HECTOR BECERRA vs. CITY OF FRESNO

In this case, both the applicant, Hector Becerra, and the defendant, City of Fresno, sought reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted both petitions. This grant allows the WCAB to conduct a more thorough review of the factual and legal issues. The purpose of this reconsideration is to ensure a complete understanding of the record and to issue a just decision.

Workers' Compensation Appeals BoardPetitions for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan FranciscoDecision After Reconsideration
References
0
Case No. ADJ6540051, ADJ6540050
Regular
Jun 16, 2010

CHARLOTTE SINGER vs. COUNTY OF FRESNO

This case involves a Petition for Removal filed by applicant Craig Singer (deceased) against the County of Fresno. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the reasoning of the workers' compensation administrative law judge's report. Therefore, the appeal challenging the findings of fact and order denying the petition for removal was unsuccessful.

Petition for RemovalWorkers' Compensation Appeals BoardFindings of FactOrder Denying PetitionCounty of FresnoPermissibly Self-InsuredClaims Management Inc.ADJ6540051Deceased ApplicantAdministrative Law Judge Report
References
0
Case No. FRE 214256
Regular
Aug 17, 2007

DARLENE MURILLO vs. COUNTY OF FRESNO

This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule applies to an applicant's foot injuries sustained while employed by the County of Fresno. The defendant sought reconsideration of the WCJ's decision to apply the 1997 Schedule, arguing a pre-2005 medical report did not establish permanent disability. The Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for a new decision using the 2005 Schedule.

Workers' Compensation Appeals BoardCounty of FresnoDarlene MurilloFindings and AwardPermanent Disability1997 Schedule2005 ScheduleLabor Code section 4660(d)Qualified Medical EvaluatorMichael A. DiGiacomo
References
5
Showing 1-10 of 168 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