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. ADJ10298988
Regular
Jan 31, 2018

BRIAN BERRY vs. HOSPICE OF THE FOOTHILLS, ALPHA FUND

The Appeals Board rescinded the prior decision and returned the case to the trial level for further proceedings. The Board found that the record was insufficient to determine if the applicant voluntarily retired or was constructively terminated from his employment. Further development of evidence is needed to establish whether the applicant intended to permanently leave the labor force or if his industrial injury prevented him from continuing to work. This determination is crucial for assessing his entitlement to additional temporary disability benefits and potentially permanent disability benefits.

Workers' Compensation Appeals Boardindustrial injuryright shouldertemporary disability indemnityvoluntarily retiredlabor forcedue processself-representedadmission of evidenceexclusion of evidence
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. ADJ8944426, ADJ8942895
Regular
Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant sustained injury arising out of and in the course of employment. Defendants argued certain exhibits were improperly admitted due to lack of service and that the decision was vague. The Board adopted the WCJ's report, which found the exhibits were properly admitted or any error was harmless, and that the decision adequately addressed the stipulated facts. The WCJ's report detailed why the exhibits were admissible despite service issues and explained that further clarification on body parts or liability was not required at this stage of the proceedings.

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report
References
Case No. ADJ9829793
Regular
Feb 28, 2020

JOHN SILVA vs. ARS INVESTMENT HOLDINGS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves multiple petitions for reconsideration following an administrative law judge's decision on applicant John Silva's workers' compensation claim. The applicant's petition was dismissed as untimely filed. The defendant's petition was denied on its merits. The lien claimant, representing the applicant's former attorneys, had its petition granted to defer the issue of attorney's fees and related liens. The original decision was otherwise affirmed.

WCABPetition for ReconsiderationPetition for ReconsiderationUntimely FilingTollingLabor CodeShipleyDue ProcessLien ClaimantAttorney's Fees
References
Case No. ADJ1856849
Regular
Aug 21, 2014

ROGELIO MERLOS vs. AJ SLENDERS DAIRY, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) notice indicates they are reconsidering a prior ruling that excluded defendant's exhibits A through M as irrelevant. The WCAB believes these exhibits may be relevant to the issues presented at trial. Absent timely written objection demonstrating good cause, these exhibits will be admitted into evidence. This decision will inform the final determination on the defendant's petition for reconsideration.

Petition for ReconsiderationExhibits A through MWCJNotice of Intention to Admit EvidenceWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeGood CauseWritten ObjectionDemonstration of Good CauseService of Notice
References
Case No. ADJ2785272 (MON 0214399)
Regular
Jul 20, 2012

OLE BARRING vs. MCMAHAN'S FURNITURE COMPAN, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICH CLAIMS for FREMONT INDEMNITY, TIG/FAIRMONT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted TIG/Fairmont's petition for reconsideration. The Board rescinded the arbitrator's Finding of Facts due to procedural deficiencies, specifically the failure to adequately document the admitted evidence and provide a proper report on reconsideration. The case is returned to the arbitrator to issue a statutorily compliant decision, clearly identifying all admitted evidence and stipulations. The arbitrator is instructed to consider only previously submitted exhibits and evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitration Finding of FactsCumulative Trauma InjuryInsurance CoverageLiquidationAdministrative Law JudgeMemorandum of HearingStipulationsAdmitted Exhibits
References
Case No. ADJ7522823
Regular
Nov 21, 2016

JEFFREY GOTTLIEB vs. KITCHEN FOR EXPLORING FOODS, BERKSHIRE HATHAWAY SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration and admitted lien claimant's Exhibits 15 and 16, overturning their exclusion by the trial judge. The Board found the exhibits were listed with sufficient specificity to avoid substantial prejudice to the defendant. Consequently, the case is returned to the trial level for further proceedings, deferring the final determination of the liens for Southern California Mental Health and Hepps Prescription Pharmacy. This decision aims to achieve substantial justice and prioritize a hearing on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersPre-Trial Conference StatementLien ClaimantPrimary Treating PhysicianCompromise and ReleasePanel Qualified Medical EvaluatorSubstantial JusticeAdmitted Exhibits
References
Case No. ADJ7159838 ADJ7550047
Regular
Jul 29, 2014

ALMA PELAYO vs. ASSOCIATED LIEN SERVICES

Applicant Alma Pelayo sought reconsideration of a prior decision that found no violation of Labor Code section 132(a) and ordered her to take nothing further. Pelayo argued the judge erred in this finding and in failing to rule on the admissibility of her Exhibit 15. The Appeals Board granted reconsideration solely to admit Pelayo's Exhibit 15 and defendant's Exhibits A1, A2, and A3. The Board otherwise affirmed the original decision, meaning Pelayo still takes nothing further.

Workers' Compensation Appeals BoardLabor Code section 132(a)Findings and OrderPetition for ReconsiderationWCJApplicant's Exhibit 15Defendant's Exhibits A1A2A3admissible evidence
References
Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
Case No. ADJ394613 (VNO 0530712) ADJ2266356 (VNO 0530710)
Regular
Apr 01, 2016

MARIA ESTRELLA vs. NATIONAL EXPRESS CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal to a lien claimant after a judge excluded four exhibits. The WCAB found that two of the excluded exhibits, representing certifications and financial interest notifications, were sufficiently listed on the Pre-Trial Conference Statement. Therefore, the WCAB admitted these two exhibits into evidence, amending the judge's prior order. The remainder of the judge's order, excluding the other two exhibits, was affirmed.

Petition for RemovalLien ClaimantWorkers' Compensation Appeals BoardWCJExhibitsPrejudiceIrreparable HarmPre-Trial Conference StatementServiceNotification of Certification
References
Showing 1-10 of 943 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