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. ADJ14871067
Regular
Feb 13, 2023

EDGAR GAMA vs. XTRACTOR DEPOT, LLC, 2020 LONG BEACH, LLC, THE HARTFORD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the judge's finding that the applicant was an employee of Xtractor Depot, LLC. The Board gave significant weight to the judge's credibility determination, finding no substantial evidence to warrant overturning it. The Board also noted the petitioner's improper attachment of exhibits to their petition. Ultimately, the applicant's credible testimony and unrebutted exhibits supported the original finding of industrial injury.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ Credibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Ostensible AuthorityEmployee StatusXtractor Depot LLCAndrew YoonCannabis IndustryWarehouse Explosion
References
4
Case No. ADJ3860512 (OAK 0238823)
Regular
Feb 18, 2010

, Applicant vs. COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a prior findings and order. The dismissal was based on the applicant's submission of a petition that grossly exceeded the 25-page limit set by WCAB rules. Additionally, the petition improperly attempted to appeal existing exhibits already in the record. The WCAB warned the applicant of potential sanctions for future non-compliance with filing rules.

WCABPetition for ReconsiderationDismissalWCJ ReportPage LimitationRule 10845(a)Rule 10232(a)(10)SanctionsLabor Code Section 5813Rule 10561
References
8
Case No. ADJ460346 (STK 0189196) ADJ3032103 (STK 0191252)
Regular
Jun 15, 2009

THERESA MICHELLE DELGADO vs. MERCED CITY SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By CLAIMS MANAGEMENT, INC.

This case involves Applicant Theresa Delgado's petition for reconsideration of the Appeals Board's decision to allow further development of the record. The Board had previously rescinded a prior award, deeming the existing psychiatric QME reports stale due to the passage of time and Applicant's return to work. Applicant argued this violated procedural rules regarding exhibit readiness at the Mandatory Settlement Conference. The Board denied the petition, reiterating that its March 23, 2009 decision was an interim procedural order and that updated medical reports are necessary for a determination of current disability, as stale medical evidence does not constitute substantial evidence.

Workers Compensation Appeals BoardPetition for ReconsiderationOpinion and OrderFindings and AwardIndustrial InjuryPsyche InjuryPermanent DisabilityFurther Medical TreatmentMandatory Settlement ConferenceQualified Medical Examiner
References
7
Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. MISSING
Regular Panel Decision

In re the Conservatorship of Wargold

This case concerns an application by the Public Administrator for the appointment of a conservator for Susan Ellen Wargold's property under Article 77 of the Mental Hygiene Law. Susan, the sole distributee of her father's estate, was alleged to be unable to manage her property due to mental infirmity. Hearings included testimony from Dr. Deutsch, a psychiatrist, who noted Susan's history of bizarre behavior and a likely diagnosis of schizophrenia, but also significant improvement since her hospitalization. Susan testified about her financial habits, including high spending and reliance on a guardian ad litem, but affirmed her ability to manage daily finances and desire to retain control over investments with an advisor. The court found that while Susan exhibited eccentricities and potential poor judgment, there was insufficient clear and convincing evidence of 'substantial impairment' of her ability to care for her property as required by law. The petition for conservatorship was denied, though the court noted remaining areas of concern and suggested future applications might require additional counsel for Susan.

ConservatorshipMental Hygiene LawProperty ManagementFinancial IncapacityPsychiatric EvaluationSchizophreniaGuardian Ad LitemSubstantial ImpairmentRight to PropertyMedical Testimony
References
4
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ9016733
Regular
May 03, 2016

TYSON CONGER vs. CARE AMBULANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior award concerning industrial injuries to his low back and psyche. The applicant argues the original findings did not properly weigh evidence and support a higher permanent disability rating. The Board also permitted the applicant to file a supplemental petition to address new information, allowing defendants an opportunity to respond. Reconsideration was granted to ensure a complete review of the record and a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionEmergency Medical TechnicianLow Back InjuryPsyche InjuryTemporary DisabilityFuture Medical TreatmentPermanent DisabilityApportionment
References
1
Case No. ADJ7935139
Regular
Jul 23, 2013

SERGIO SANCHEZ MURILLO vs. PIZZA-PASTA KITCHEN, INC.

The Workers' Compensation Appeals Board dismissed the applicant's petition for removal. This dismissal was based on the administrative law judge's (WCJ) denial of the applicant's initial petition to join the Uninsured Employers Benefits Trust Fund, finding insufficient evidence. However, the applicant subsequently refiled the petition with exhibits attached to the removal petition. The WCJ will now review this refiled petition and its exhibits on remand to act appropriately.

Petition for RemovalUninsured Employers Benefits Trust FundUEBTFWorkers' Compensation Administrative Law JudgeWCJEAMSReport and Recommendationdismissalapplicantdefendants
References
0
Case No. ADJ9149274
Regular
Aug 09, 2018

JACQUELINE BOWLER vs. AC TRANSIT, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision grants reconsideration to admit defense Exhibit A into evidence. The applicant argued the temporary disability rate was too low and that the WCJ failed to rule on Exhibit A's admissibility. The Board affirmed the WCJ's award of $700.00 per week for temporary disability, finding it consistent with the applicant's earnings at the time of injury, but overruled the objection to Exhibit A. The Board also ordered reimbursement to the EDD for benefits paid.

Petition for ReconsiderationFindings and AwardTemporary Total DisabilityTemporary Disability Indemnity RateLabor Code section 4661.5Average Weekly WageExhibit A admissibilityPetition for Attorney's FeesWCJ ReportDecision After Reconsideration
References
0
Case No. ADJ2519091 (LAO 0824930) ADJ4160066 (LAO 0824931) ADJ188382 (LAO 0828971)
Regular
Aug 18, 1941

MARIA MARXUACH vs. WESTIN BONAVENTURE HOTEL, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration in this case, upholding the judge's decision. Discovery closed by operation of law on September 12, 2007, and the applicant's attorneys failed to demonstrate due diligence in listing crucial medical reports as exhibits prior to this closure. Despite numerous continuances and attempts to amend the exhibit list, discovery was never formally reopened. The Board adopted the judge's reasoning that the applicant did not establish why the exhibits could not have been presented with reasonable diligence before discovery closed.

Mandatory Settlement ConferencePre-trial conference statementdiscovery closureadministrative law judgePetition for Reconsiderationreopen discoverydue diligenceexhibition listWCJ reportWorkers' Compensation Appeals Board
References
0
Showing 1-10 of 13,069 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