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Case Law Database

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

Case No. OAK 0325086
Regular
Sep 11, 2007

KENNETH GMEINER vs. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as premature, but granted removal to address the judge's improper deferral of a permanent disability decision. The judge had vacated submission, citing uncertainty about the validity of the 2005 Permanent Disability Rating Schedule (PDRS) based on a pending case. The Board ruled that deferring a decision on permanent disability due to an unresolved legal issue concerning the PDRS's validity prejudiced the parties and violated the mandate for expeditious adjudication.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and Order Vacating SubmissionPermanent Disability Rating ScheduleSB 899Boughner v. CompUSAInc.Costa v. HardyAdministrative Director
References
Case No. ADJ1504028 (AHM 0081465); ADJ603748 (AHM 0081464)
Regular
Oct 09, 2025

JENNIFER DICORATO vs. BLOOMFIELD BAKERY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The case involves a petition for removal filed by lien claimant Stuart Silverman, M.D., challenging an order by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ's order permitted the defendant to substitute a bill review expert witness and allow remote testimony. The Appeals Board, after reviewing the petition, defendant's answer, and the WCJ's report, dismissed the petition. The Board concluded that the issue was not yet ripe for adjudication as no final order or decision regarding the expert witness substitution or remote testimony had been issued by the WCJ. The decision further noted the importance of a complete record and admonished the lien claimant's representative, Dan Escamilla, for misrepresenting facts in the verified petition for removal.

Petition for RemovalLien ClaimantSubstitution of Expert WitnessRemote TestimonyWCJ DecisionNot Ripe for AdjudicationPretrial Conference StatementSubstantial EvidenceAdmitted EvidenceSanctions
References
Case No. ADJ13831018
Regular
Apr 21, 2023

Toshi Kuwata vs. Implant Direct, LLC, Ace American Insurance Company, Sedgwick CMS

The Workers' Compensation Appeals Board dismissed the Employment Development Department's (EDD) petition for reconsideration. The Board found the EDD was not aggrieved because its lien claim was not adjudicated and the award for temporary disability expressly excluded periods for which the EDD could assert a credit. The EDD's lien can still be adjudicated separately, and the defendants are advised to resolve the credit to avoid further interest.

Workers' Compensation Appeals BoardPetition for ReconsiderationEmployment Development DepartmentAggrieved PartyLien ClaimantFindings and AwardTemporary DisabilityEDD CreditUnemployment Insurance CodeStipulation
References
Case No. ADJ10069789 MF ADJ10069817 ADJ10069939
Regular
Feb 02, 2017

ANTHONY SMITH vs. TW TRANSPORTATION

In this workers' compensation case, the applicant was hired in California but signed an employment contract with a choice-of-law clause selecting Washington law and forum. The WCAB granted reconsideration, reversing the administrative law judge's prior order to adjudicate in Washington. The Board found that hiring in California is a sufficient connection to establish WCAB jurisdiction, superseding the choice-of-law clause due to California's strong public policy interest in workers' compensation claims. Therefore, the applicant's claims will be adjudicated in California.

WCABJurisdictionLabor Code Section 3600.5(a)Contract of HireForum Selection ClauseChoice of Law ProvisionReconsiderationFindings of FactMcKinley v. Arizona CardinalsPalma
References
Case No. ADJ441028, ADJ1016830, ADJ8012703
Regular
Aug 11, 2015

STANLEY THOMAS vs. L3 COMMUNICATIONS, ACE USA PROPERTY & CASUALTY, ESIS, INC.

Defendant sought removal of an order setting two consolidated cases (ADJ1016830 and ADJ8012703) for trial before a different judge, arguing applicant waived the right to automatic reassignment by not challenging the original judge in a previously adjudicated case (ADJ441028). The WCAB dismissed the petition as to the adjudicated case, finding it not consolidated with the others. Regarding the consolidated cases, the Board denied the petition, affirming applicant's timely exercise of the right to automatic reassignment. The WCAB adopted the WCJ's reasoning that no grounds for removal were established, as the applicant had a right to reassignment and the defendants suffered no prejudice.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentWCJ ChallengeConsolidated CasesJudge ShoppingVenue TransferAdministrative Law JudgePresiding JudgeMinutes of Hearing
References
Case No. ADJ9893563
Regular
Aug 19, 2019

ISRAEL ANGULO RUGERIO vs. ANS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns the defendant's petition for reconsideration of a decision regarding TruCare Pharmacy's liens. The prior decision found the defendant failed to prove TruCare was subject to a statutory stay, as it did not demonstrate a controlling indicted provider under Labor Code section 139.21. The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level for consolidation with a master file proceeding addressing common issues concerning TruCare and Labor Code section 4615. This consolidation aims to ensure consistent rulings, due process, and judicial economy given the complex factual and legal issues involved.

TruCare PharmacyLabor Code section 4615WCJPetition for ReconsiderationOrder of ConsolidationSpecial Adjudication UnitMaster Filelien claimantindictmentstay
References
Case No. ADJ3192115 (SBR 0342658)
Regular
Feb 03, 2014

YONIR ALARCON vs. STELLAR ENTERPRISES, CALIFORNIA INSURANCE COMPANY

This case involves an applicant seeking workers' compensation benefits for injuries stemming from a fall. The WCJ initially awarded benefits for chest pain, right hand, and head injury, but denied claims for sleep apnea, shortness of breath, scarring, right eye, jaw, psyche, and neck. The applicant requested reconsideration, arguing the WCJ erred in denying these additional claims and in failing to further develop the medical record. The Appeals Board affirmed the WCJ's decision, finding applicant failed to properly object to medical findings and that discovery had closed. A dissenting commissioner argued for reconsideration to allow further development of the record, citing inadequate initial medical treatment and potential for more extensive injuries.

Workers' Compensation Appeals BoardIndustrial InjuryPetition for ReconsiderationFindings and AwardMedical DeterminationsLabor CodeMandatory Settlement ConferenceDissenting OpinionOccupational InjuryMedical Provider Network
References
Case No. ADJ6712588
Regular
Aug 12, 2010

MARIA NAVARRO vs. STAFF CHEX, AIG INSURANCE

The Workers' Compensation Appeals Board granted reconsideration for Applicant Maria Navarro, rescinding a prior award. The Board found a potential due process violation because the Applicant claimed she was never served with the Disability Evaluation Unit's (DEU) rating. As the DEU rating was not found in the official record of proceedings, the Board returned the case for further proceedings, ordering the DEU rating be properly added to the record and served on all parties. This ensures the Applicant has an opportunity to challenge the rating and exercise her due process rights.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityDue ProcessNoticeCross-examinationDisability Evaluation UnitDEUProof of Service
References
Case No. ADJ7649680, ADJ7650589
Regular
Apr 20, 2015

MIGUEL VEGA vs. COLLIGERE FARM MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior award finding applicant sustained industrial injury to his bilateral hips and back. Defendant argued the award was unsupported by medical evidence and their petition for reconsideration was timely. The WCAB found the initial service of the award was defective, thus the petition was timely filed based on defendant's claimed receipt in "late September." Ultimately, the WCAB affirmed the award, incorporating the WCJ's reasoning by reference.

WCABPetition for ReconsiderationFindings of Fact Award and OrderPermanent DisabilityApportionmentFurther Medical CareIndustrial InjuryTimelinessProof of ServiceService Defects
References
Case No. ADJ9437585
Regular
May 04, 2015

JUANA CASTANEYRA vs. GARZA CONTRACTING, CALIFORNIA FARM MANAGEMENT, INTERCARE

The Appeals Board dismissed the defendant's petition for reconsideration because the prior order was not a final determination of substantive rights. The Board granted removal on its own motion to correct an incomplete adjudication of the Medical Provider Network (MPN) dispute. The WCJ prematurely found the applicant was not required to treat within the MPN without addressing the employer's liability for self-procured treatment. The case is returned to the trial level for full adjudication of the MPN issue.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNPetition for ReconsiderationRemovalFindings and OrderAdministrative Law JudgeWCJSelf-procured treatmentExpedited hearing
References
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