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. ADJ7177544
Regular
Aug 12, 2013

ADRIAN IBANEZ vs. GOLDEN DEN CORPORATION/DENNY'S; USF & G

This case involves an applicant claiming industrial injury from an assault that occurred on May 20, 2008. The initial finding determined the assault did not arise out of employment, but the Appeals Board has overturned this. The Board found the applicant was in the course of employment during a break, even if off-premises, and that the assault, having an unknown motive, arose out of employment. The matter is now remanded for further proceedings on all outstanding issues.

Workers Compensation Appeals BoardGolden Den CorporationDenny'sAdrian IbanezPetition for Reconsiderationindustrial injuryassaultarose out of employmentin the course of employmentpersonal comfort doctrine
References
Case No. ADJ3672584 (LBO0397391) ADJ6660332
Regular
Jun 14, 2010

CAROLENE PARKER vs. ADVANCED INFRASTRUCTURE MANAGEMENT, TRAVELERS SACRAMENTO

This case involves an applicant seeking reconsideration of a denied workers' compensation claim. The administrative law judge found the applicant's claim barred by specific Labor Code sections and denied her compensation, relying on the credible testimony of her supervisor. The Appeals Board denied the petition for reconsideration, adopting the judge's report and affirming the credibility findings. The Board also noted the applicant's petition was timely filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeLabor Code Sections 3208.3(d)Labor Code Sections 3208.3(h)Continuous TraumaSpecific InjuryFalse ImprisonmentBattery
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1528613
Regular
Sep 22, 2010

MARIO DE LA TORRE vs. MERIT PROPERTY MANAGEMENT, SUN CITY CIVIC ASSOCIATION, SCIF INSURED INLAND EMPIRE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's findings. The applicant's claim that his termination was due to his workers' compensation injury was rejected, as evidence indicated he was terminated for assaulting his supervisor. The Board gave great weight to the WCJ's credibility assessments, finding the applicant's testimony lacked credibility compared to defense witnesses. Consequently, the applicant's claim under Labor Code Section 132a was denied.

Workers Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility of WitnessGarza v. Workers' Comp. Appeals Bd.Labor Code Section 132aCompromise and ReleaseAssault and BatteryInsubordinationCollateral Estoppel
References
Case No. ADJ9942537
Regular
Dec 09, 2018

ANGELO RIOS vs. RUSHER AIR CONDITIONING, INSURANCE CO OF THE WEST SAN DIEGO

This case involves an applicant seeking workers' compensation benefits for an injury sustained during his unpaid lunch break. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior decision that denied the claim. The Board found that the applicant's injury did not fall under the "going and coming" rule due to evidence that he was performing work-related tasks during his break, including taking work calls and researching for a bid. Furthermore, the Board determined the injury likely occurred after the unpaid lunch period concluded, extending into a paid break.

Going and coming ruledual purpose exceptioncourse of employmentscope of employmentAOE/COEpersonal comfort doctrinepaid breaksunpaid lunch breakassaultthird-party assault
References
Case No. ADJ8266808
Regular
Sep 12, 2014

LILIANA RUIZ vs. MCDONALD'S, INC.; CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves Liliana Ruiz's claim of sexual assault at McDonald's on August 15, 2006. The defendant, McDonald's and its insurer, sought reconsideration of the finding that the assault was industrial, arguing the applicant's credibility was unreliable. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found the applicant's testimony credible, supported by the owner's belief and the employer's inconsistent actions regarding reporting the incident. Defendant's arguments concerning the applicant's termination and other personal matters were found not to rebut the assault allegation.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilitySexual AssaultIndustrial InjuryPsychiatric InjuryOrthopedic InjuryInternal InjuryManager
References
Case No. ADJ7118771
Regular
Mar 13, 2012

CHARLES THOMAS vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY

This case involves a bus driver injured during an altercation with a passenger. The Appeals Board reversed the initial ruling, finding the injury compensable because the applicant was not the initial physical aggressor. While the applicant's actions were unauthorized, they occurred in the course of employment as they stemmed from his duties dealing with the passenger. The Board also found sufficient evidence of injury beyond the applicant's testimony. The case is returned for further proceedings on all remaining issues.

Workers' Compensation Appeals Boardindustrial injurybus driveraltercationinitial physical aggressorLabor Code section 3600(a)(7)course of employmentunauthorized conductCode of Conductcitizen's arrest
References
Case No. ADJ6821372
Regular
Apr 23, 2010

RUBEN CUBIAS vs. AMERICAN COMMERCIAL SECURITY SERVICES (ABM INDUSTRIES, INCORPORATED), PSI, Administered By ACE/ESIS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award granted to Ruben Cubias. The Board adopted the Administrative Law Judge's report, which found the applicant was not the initial physical aggressor in an assault by a co-worker. The defendant's petition was also defective for failing to serve all lien claimants as required by WCAB rules. The Board affirmed the applicant's entitlement to benefits based on the evidence and the judge's credibility findings.

workers compensationpetition for reconsiderationadministrative law judgeinitial physical aggressorassaultco-workersecurity guardlien claimantsservice defectcredibility finding
References
Case No. SBR 0273372; SBR 0273378 SBR 0273380; SBR 0278671
Regular
Aug 10, 2007

SHARON CANDLER vs. THE CUSTOMER COMPANY / CIGARETTES CHEAPER, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANIES, BROADSPIRE

The Board rescinded findings for two psychiatric injuries due to the applicant's short employment duration, finding them not "sudden and extraordinary." The claim stemming from a robbery and assault was remanded for further proceedings on temporary disability and medical treatment, with orthopedic injuries also deferred pending this development. The Board also ruled that CIGA cannot be ordered to pay temporary disability benefits that the applicant must then reimburse to EDD, as this circumvents statutory limitations on CIGA's liability to the state.

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injuryconvenience store clerkrobberyassaultterminationCIGASuperior National Insurance Companyliquidation
References
Case No. ADJ3237915 (LBO 0375567) ADJ2373677 (LBO 0388992)
Regular
Apr 30, 2009

SHERYL WILLIS vs. PINKERTON GOVERNMENT SERVICES, Permissibly Self-Insured, BROADSPIRE (Adjusting Agent)

This case involves applicant Sheryl Willis's appeal regarding two worker's compensation claims. The Appeals Board affirmed the finding of a 1% permanent disability for a left knee injury. However, they rescinded the finding of no permanent disability for a psyche injury stemming from a 2005 assault. The Board remanded the psyche injury claim for further proceedings to develop the record on psychiatric permanent disability and apportionment, citing issues with the applicant's medical history disclosure. The applicant's credibility regarding past psychiatric treatment was a key factor in the decision.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPsychePermanent DisabilityApportionmentMedical TreatmentUnarmed Security GuardAssaultLeft Knee Injury
References
Showing 1-10 of 47 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