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. 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. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
Case No. ADJ7730913, ADJ8640698, ADJ8233287, ADJ7881756, ADJ8438104, ADJ7467140, ADJ7467243, ADJ9068351, ADJ9081983
Regular
Dec 02, 2016

HOLLIS COPELAND, JR. vs. DENVER NUGGETS, PINNACOL ASSURANCE

This case involved multiple consolidated workers' compensation claims where the Board initially denied reconsideration of an order dismissing Pinnacol Assurance for lack of personal jurisdiction. The Appeals Board is now granting reconsideration on its own motion to correct clerical errors in its prior opinion. Specifically, the Board failed to list all nine adjudication file numbers and did not serve all affected applicants. The decision after reconsideration affirms the original denial of reconsideration but amends the opinion to include all case numbers.

Appeals BoardGranting ReconsiderationOn MotionDecision After ReconsiderationClerical ErrorsPersonal JurisdictionPinnacol AssuranceConsolidated CasesAdjudication File NumbersAffirm Opinion
References
Case No. ADJ8070098
Regular
May 08, 2015

MARGARITO LARIOS vs. ACCORP, INC., HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed Margarito Larios's petition for reconsideration as untimely. The petition was filed on March 17, 2015, which was more than the jurisdictional 25-day period after the February 19, 2015, decision. The WCAB clarified that filing means receipt by the board, not just mailing. The order also admonishes a lien claimant for attaching previously filed documents and the defendant's attorney for omitting their bar number.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCABWCJ DecisionService by MailProof of FilingAdmonishmentLien ClaimantDefendant's Attorney
References
Case No. ADJ8221321
Regular
Nov 09, 2020

ANTHONY PAUL MAGOULAS, PAUL MAGOULAS (deceased) vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT AND INDMENITY

The Workers' Compensation Appeals Board rescinded the original findings and returned the case to trial for further proceedings. The Board determined the death benefit claim was timely filed under Labor Code § 5406, even though it was erroneously filed under the decedent's inter vivos claim number. Additionally, the Board found that dependency is determined at the time of injury, not death, and the original finding of no dependent was legally inaccurate and unsupported by the record. Therefore, the WCAB remanded the case to address the dependency issue and potentially assign a separate adjudication number to the death claim.

WCABReconsiderationDeath ClaimStatute of LimitationsLabor Code Section 5406Inter Vivos ClaimDependencyLabor Code Section 3501Adjudication NumberLiberal Construction
References
Case No. ADJ9755370
Regular
Aug 10, 2017

BERNARDINO GARDEA vs. CITY OF PASADENA

This case concerns the City of Pasadena's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding the applicant's occupational group number. The WCJ initially recommended dismissal of the reconsideration petition as untimely. However, the defendant has now requested leave to file a supplemental petition to address issues raised in the WCJ's report. The WCAB has granted the defendant's request to file this supplemental petition. The defendant is ordered to file the supplemental petition within 20 days, either by mail or via EAMS, to avoid rejection.

Workers' Compensation Appeals BoardSupplemental PetitionReconsiderationOccupational Group NumberAdministrative Law JudgePetition for ReconsiderationWCAB Rule 10848Electronic Adjudication Management SystemEAMSCity of Pasadena
References
Case No. ADJ1778428 (VNO 0454872)
Regular
Oct 09, 2013

RAUL DURAN vs. L.I. MARBLE, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Reconsideration filed by Dan H. Kim, M.D. (lien claimant) regarding an order dismissing their lien for failure to pay the required activation fee. The Workers' Compensation Judge recommended denial, finding the lien claimant had proper notice of the conference and previously had the correct applicant name and case number. The Appeals Board adopted the WCJ's report and denied reconsideration, cautioning the petitioner against disclosing the injured worker's Social Security number.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportinjured worker privacySocial Security numberOrder Dismissing Lienlien activation feePinnacle Lien Servicesdatabase discrepancyEAMS file
References
Case No. ADJ7580462; ADJ7580463; ADJ8813744
Regular
Mar 11, 2025

DORINA CORNEJO vs. SEARS HOLDINGS CORPORATION, ACE AMERICAN INSURANCE COMPANY

Lien claimant Supreme Copy Service, Inc., sought reconsideration of a workers' compensation administrative law judge's (WCJ) findings regarding its withdrawn lien and sanctionable conduct. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration, rescinding the previous findings. The Board determined that the lien was dismissed by operation of law on July 3, 2017, due to the lien claimant's failure to file a required declaration under Labor Code section 4903.05. Consequently, the defendant's petition for sanctions was rendered moot, as the WCAB no longer had jurisdiction over the dismissed lien.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of FactSanctionable ConductLabor Code Section 4903.05Dismissal by Operation of LawDeclaration Pursuant to Labor Code Section 4903.8Declaration Pursuant to Labor Code Section 4903.05(c)(3)Electronic Adjudication Management System
References
Case No. ADJ1754033
Regular
Feb 02, 2011

MONTE C. PAYNE vs. CITY OF SAN RAFAEL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This Workers' Compensation Appeals Board case involves Monte C. Payne as the applicant and the City of San Rafael and its insurance fund as defendants. The Board issued an order dismissing the defendant's petition for reconsideration of a January 31, 2011 decision. This dismissal is a direct result of the petitioner unilaterally withdrawing their reconsideration request. The order was filed in San Francisco on February 2, 2011.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionOrder of DismissalJudicial AdministrationCase Number ConsolidationService by MailSan Francisco FilingEmployer Liability
References
Case No. ADJ1 503071 (RDG 0073273)
Regular
Feb 29, 2016

MON'TIE EMERY vs. TRINITY HOSPITAL

This case concerns a petition for reconsideration filed by Montie Emery against Trinity Hospital. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB clarified that a petition for reconsideration must be *received* by the Board within 25 days of the decision's service, not just mailed. Since the petition was filed over 25 days after the Administrative Law Judge's decision, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardWCJJurisdictionalProof of FilingService by MailExtension of TimeBusiness Day
References
Showing 1-10 of 4,928 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