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. ADJ4337031 (SAC 0363533)
Regular
Aug 19, 2011

CHARLOTTE HUDSON vs. EMG CHILDREN & FAMILY SERVICES, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision, rescinding the judge's award of 11% permanent disability. The case is returned to the trial level to further develop the medical record regarding the applicant's gait derangement impairment and its valuation under *Almaraz/Guzman* principles. The judge must also address the vocational expert's entitlement to fees and consider the recent *Ogilvie* decision's impact on permanent disability determination.

Workers' Compensation Appeals BoardFindings and AwardPermanent DisabilityVocational ExpertAgreed Medical ExaminerAlmaraz/GuzmanOgilvieGait DerangementAntalgic GaitAMA Guides 5th Edition
References
Case No. ADJ869605
Regular
Nov 19, 2012

MILES GRAY vs. AT&T, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an applicant who sustained a severe right lower extremity injury, leading to multiple surgeries, significant leg length discrepancy, and fused ankle/foot, requiring constant mobility aids. The Agreed Medical Evaluator (AME) provided opinions on impairment, and vocational experts testified regarding the applicant's ability to return to work. The Workers' Compensation Appeals Board denied reconsideration of the prior award, finding substantial evidence supporting the applicant's unsuitability for rehabilitation. Defendant's supplemental reply did not alter this decision.

Agreed Medical EvaluatorVocational ExpertPetition for ReconsiderationDeniedRight Lower Extremity InjuryMultiple FracturesLeg Length DiscrepancyShoe LiftAnkle FusionGait Derangement
References
Case No. ADJ1064616 (SAC 0296007)
Regular
Aug 11, 2009

LISA LaCROSS vs. 24 HOUR FITNESS, INSURANCE COMPANY OF THE STATE OF PENNYSLVANIA, ARROWOOD INDEMNITY COMPANY

The Appeals Board granted reconsideration of the WCJ's decision regarding applicant's right knee injury. The WCJ had relied on conflicting QME opinions, finding a one percent permanent disability for the right knee while denying a petition to reopen for new and further disability related to a prior left foot injury. The Board rescinded the May 29, 2009 decisions in both cases to allow the WCJ to incorporate a revised QME report and conduct further proceedings. The matter is returned to the trial level for a new decision.

Petition for ReconsiderationFindings Award and OrderWCJCertified ACE exercise instructorCumulative injurySpecific injuryPermanent disabilityPetition to ReopenQualified Medical EvaluatorAMA Guides
References
Case No. FRE 0137292
Regular
Jul 08, 2008

DEANNA PRIEST-HENSLEY vs. MICHAEL HOUSEPIAN, TIG SPECIALTY INSURANCE

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The Board granted reconsideration, rescinded the award, and held that it lacked jurisdiction to alter a prior 1997 finding on the applicant's average weekly earnings and temporary disability rate. This decision was based on the statutory five-year limitation period for altering awards having elapsed before the issue was re-litigated, absent a timely filed petition to reopen.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardAverage Weekly EarningsTemporary Disability RateJurisdictionStatute of LimitationsGood CauseReopenLabor Code section 5803
References
Case No. ADJ7662819
Regular
Apr 27, 2015

JEWELL McKEE vs. MARTEN'S TRANSPORT, LTD, ACE AMERICAN INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to various body parts, including psyche, hearing, and gait disorder, following a fall. The defendant sought reconsideration of the original award, primarily challenging the findings of psyche injury and gait disorder, as well as the award of temporary disability and a permanent disability increase. The Appeals Board granted reconsideration, deferring the issues of gait disorder and all permanent disability findings due to insufficient medical evidence on gait causation and the improper piecemeal determination of permanent disability. The Board otherwise affirmed the findings of industrial injury to psyche, additional temporary disability, and ordered further medical evaluation by an AME or IME.

Workers' Compensation Appeals BoardMarten's TransportACE American InsuranceIndustrial InjuryPsyche InjuryGait DisorderPermanent DisabilityLabor Code Section 4658(d)(2)Temporary DisabilityAgreed Medical Evaluator (AME)
References
Case No. ADJ10387780
Regular
Mar 05, 2019

ANGELA CONTRERAS vs. CENTRAL CALIFORNIA CHILD DEVELOPMENT SERVICES, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES/STAR INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE AGENCY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original decision, and returned the case to the WCJ for further proceedings. The original decision denied the applicant's claim for bilateral knee injury AOE/COE. This decision was based on conflicting medical opinions from Dr. Achackzad regarding whether the applicant's current knee symptoms were due to a prior specific injury or subsequent cumulative trauma. The Board found Dr. Achackzad's testimony lacked substantial evidence due to inconsistencies and ordered the record to be further developed.

Cumulative traumaAOE/COEQualified medical examiner (QME)Medical opinionSubstantial evidenceFindings of FactOrder (F&O)Petition for ReconsiderationCompromise and ReleaseSpecific injury
References
Case No. ADJ3218180 (EUR 0040749) ADJ4708435 (EUR 0040750)
Regular
Nov 19, 2010

ROBERT ZIMMERMAN vs. BRITT LUMBER COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case involves an appeal of permanent disability ratings for an applicant's left upper extremity and right knee injuries. The defendant contests the ratings, arguing the Agreed Medical Examiner (AME) and WCJ improperly deviated from AMA Guides methodology, particularly by combining impairment factors without adequate justification. The Appeals Board granted reconsideration, finding the AME's explanations for deviating from the Guides were insufficient. The matter is remanded for further proceedings to obtain a more adequately justified permanent disability rating.

WCABReconsiderationPermanent Disability RatingApportionmentAMA GuidesAlmaraz/GuzmanAgreed Medical Examiner (AME)Grip LossStation and GaitDiagnosis Based Estimate
References
Case No. ADJ621872 (BAK0145447) ADJ4407215 (BAK 0151114)
Regular
Nov 13, 2012

FRANK TORRES vs. COUNTY OF KERN; PROBATION DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to award further medical treatment for Frank Torres' cumulative trauma injury to his left knee. The Board found that the Agreed Medical Examiner's opinion provided sufficient evidence for this award, despite the judge's initial denial. This decision overturns the prior finding that no further treatment was necessary for the left knee. The award of further medical treatment clarifies and prevents potential future delays in care for the industrial injury.

Workers' Compensation Appeals BoardFrank TorresCounty of KernProbation DepartmentADJ621872ADJ4407215ReconsiderationFindings and AwardCumulative TraumaLeft Knee Injury
References
Case No. ADJ8702052 ADJ8954034
Regular
Sep 13, 2018

James McClendon vs. Home Pest Defense (Rollins Inc), National Union First Insurance Company, Sedgwick Claims Management Services, Inc.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an award of 100% permanent disability for two industrial injuries. The defendant argued for separate disability awards based on apportionment between the two injuries, citing the *Benson* case, and challenged the Agreed Medical Examiner's (AME) opinion. The WCAB rescinded the original award and returned the case for further development of the medical record, specifically to clarify the AME's ability to separately rate the two injuries. The majority found the AME's reasoning for not separately rating the injuries was not consistent with applicable standards, while a dissenting commissioner believed the AME's determination was within his expertise and that the defendant failed to meet its apportionment burden.

Workers Compensation Appeals BoardReconsiderationPermanent Total DisabilityJoint AwardApportionmentBensonAgreed Medical ExaminerFunctional Capacity EvaluationVocational ExpertDate of Injury
References
Case No. MON 318383
Regular
Nov 01, 2007

PETER FERINO vs. GLENN E. THOMAS DODGE, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award finding a right knee injury compensable as a consequence of an admitted back injury. The WCAB determined that while the need for knee surgery was supported by substantial medical evidence, the record lacked substantial medical evidence to establish industrial causation of the knee injury as a consequence of the back injury. The case was remanded for further development of the record on the issue of causation.

Compensable consequenceExpedited hearingIndustrial causationSubstantial medical evidenceReconsiderationFindings and AwardWorkers' Compensation Appeals BoardWCJDeclaration of ReadinessMedical treatment
References
Showing 1-10 of 180 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