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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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. ADJ2211265 (AHM 0083473) ADJ4072860 (AHM 0083472)
Regular
May 06, 2011

Darlyn Piper vs. DANKA OFFICE IMAGING, ZURICH NORTH AMERICA, LIBERTY MUTUAL INSURANCE CO.

This case concerns applicant Darlyn Piper's appeal of a permanent disability award for injuries sustained while employed by Danka Office Imaging. Applicant argues for total permanent disability, challenging the WCJ's reliance on Dr. Marinow's apportionment and deposition testimony. The Appeals Board granted reconsideration because the WCJ failed to address the admissibility of Dr. Marinow's deposition testimony. The case is therefore remanded for the WCJ to determine the deposition's admissibility and weight before issuing a new decision.

Darlyn PiperDanka Office ImagingZurich North AmericaLiberty Mutual Insurance Co.permanent disabilitytotal permanent disabilityvocational rehabilitationDr. Marinowapportionmentnon-industrial factors
References
Case No. ADJ6550136
Regular
Sep 17, 2012

Vanessa Ford vs. County of San Bernardino

The Appeals Board denied the defendant's petition for removal, upholding the WCJ's disqualification of the Agreed Medical Evaluator (AME) due to ex parte communication during his deposition. The defendant's arguments that the deposition was permissible and that questions exceeded the medical issues were rejected. However, the Board clarified that the AME's prior reports remain admissible and the defendant may seek deposition costs.

Petition for RemovalAgreed Medical Evaluator (AME)DisqualifiedEx Parte CommunicationDepositionQualified Medical Evaluator (QME)Administrative DirectorPanel of NeurologistsWorkers' Compensation Appeals Board (WCAB)Workers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ4353489 (VNO 0469742)
Regular
Aug 18, 2011

, JEFFREY JONES, vs. , INTERLINK MORTGAGE SERVICES; STATE COMPENSATION INSURANCE FUND,

This case concerns a claimant's eight-year delay in pursuing his workers' compensation claim, during which time he filed an application but took no further action. The claimant then sought to depose a retired QME who is elderly and ill. The Appeals Board granted the defendant's Petition for Removal, finding no good cause for the deposition due to the claimant's unexplained delay and lack of stated necessity. Consequently, the Board rescinded the orders compelling the deposition and denied the claimant's petition.

Petition for RemovalQualified Medical Evaluator (QME)DepositionOrder Compelling DepositionStrike ReportIndustrial InjuryApplication for Adjudication of ClaimPetition for DismissalPetition to Compel DepositionBurden of Proof
References
Case No. ADJ1735018 (LBO 0375311)
Regular
Sep 30, 2011

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

This case involves a Petition for Removal by the defendant, Bank of America, and its insurer, Ace American Insurance Company. The defendants sought removal because the Administrative Law Judge (WCJ) declined to submit the case for decision at a Mandatory Settlement Conference (MSC) on August 16, 2011, opting instead for a further trial. The Appeals Board denied removal, finding that the defendant failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The WCJ's report explained that due to a heavy caseload, it was impracticable to hold a submission without a court reporter, and that the admissibility of a recent deposition created an issue for further trial.

RemovalPetition for RemovalWCABWCJAgreed Medical EvaluatorAMEwhole person impairmentAMA GuidesMandatory Settlement ConferenceMSC
References
Case No. ADJ3660427 (OAK 0270080) ADJ1439099 (OAK 0339361)
Regular
Oct 01, 2009

MICHAEL HAMM vs. CONTRACTORS LABOR POOL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for RELIANCE INSURANCE, In Liquidation

The WCJ's decision is rescinded and the matter is returned to the trial level for further proceedings due to the need for further development of the record regarding permanent disability and apportionment, and admissibility of certain medical reports and deposition testimony.

Compensable ConsequencePsychiatric InjuryStrokePartial ParalysisPermanent DisabilityPenaltiesSection 5814Labor Code Section 3208.3(d)Six-Month Employment DefenseDiscovery
References
Case No. ADJ2728444 (MON 0350632) ADJ2607754 (MON 0350633) ADJ3092568 (MON 0350634) ADJ4333657 (MON 0350635)
Regular
Aug 09, 2012

FELISA LOPEZ vs. TARGET CORPORATION

The Appeals Board denied Felisa Lopez's Petition for Removal, upholding the Workers' Compensation Judge's order for her to attend an examination by Dr. Markovitz under Labor Code section 4050. While the examination is permitted, Dr. Markovitz's report will not be admissible as evidence due to discovery limitations under Labor Code sections 4061(h), 4062(a), and 4062.2. Consequently, the report cannot be shared with the Agreed Medical Evaluator, Dr. Gillis, nor can it be referenced during his deposition.

Petition for RemovalAgreed Medical EvaluatorAMEDiscoveryLabor Code section 4050Labor Code section 4062Labor Code section 4062.2Admissible EvidenceDepositionInternal Medicine
References
Case No. ADJ12061993, ADJ12061994
Regular
Mar 13, 2023

VICTOR SAMUEL XAMBA SOC vs. KADAMI ENTERPRISES, EMPLOYERS ASSURANCE CO.

This case involves a Petition for Removal that was denied by the Workers' Compensation Appeals Board (WCAB). The WCAB found that the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. The underlying dispute concerns discovery rulings made during a supervised deposition, specifically regarding the admissibility of questions about the applicant's social security number and education. The WCAB adopted the reasoning of the Workers' Compensation Judge (WCJ) who also recommended denial, finding the petition lacked merit and that the issues could be addressed through reconsideration.

Petition for RemovalWorkers' Compensation Appeals BoardWCJRemovalPrejudiceIrreparable HarmReconsiderationAdmissibilitySupervised DepositionFifth Amendment
References
Case No. ADJ282433 (LAO 0880367)
Regular
Jun 08, 2015

MICHAEL DUFFEY vs. CMH RECORDS, STATE FARM INSURANCE COMPANY

The Appeals Board granted reconsideration to admit previously excluded defendant exhibits, specifically the depositions and report of Drs. Miller and Saint Martin. Despite ruling the exhibits admissible, the Board affirmed the original finding that defendant failed to present substantial evidence to terminate applicant's continuing home health care. Dr. Miller's change of opinion was deemed unsubstantiated, and Dr. Saint Martin's opinion was deemed irrelevant to the specific terms of the prior stipulation. The Board emphasized that admitting the evidence ensures due process and reinforces the integrity of its decision.

Petition for ReconsiderationFindings and AwardHome Health CareSubstantial EvidenceAdmissible ExhibitsDepositionMedical ReportAgreed Medical EvaluatorPrimary Treating PhysicianDue Process
References
Showing 1-10 of 1,136 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