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. ADJ377932 (SRO 140247)
Regular
Sep 07, 2010

BARBARA PENNY vs. COMMUNITY ACTON PARTNERSHIP OF SONOMA COUNTY, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning applicant Barbara Penny's industrial injury. The WCAB rescinded the award and returned the matter for further proceedings. This decision was primarily based on the need to properly develop the record regarding the applicant's diminished future earning capacity (DFEC), specifically concerning the methodology for calculating lost earnings. The WCAB also noted that the applicant's claim for further medical treatment for body parts beyond the low back could be raised again at the trial level.

Workers Compensation Appeals BoardBarbara PennyCommunity Action Partnership of Sonoma CountyState Compensation Insurance FundADJ377932Opinion and Order Granting Petitions for ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial InjuryCase Manager
References
Case No. ADJ12391409
Regular
Feb 06, 2023

MARTIN CASILLAS vs. JOSE TALAVERA, EUSEBIO VALLES SANCHEZ JR., LAS LOMAS INVESTMENTS LLC, BABAK MOHAMMADI, FOREMOST INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration filed by Las Lomas Investments, LLC, and Babak Mohammadi. The Board found the petition was not taken from a "final" order, as it contested a procedural order continuing the trial. Furthermore, the Board ruled that the issue of being prima facie illegally uninsured must first be addressed at the trial level with the admission of evidence. Therefore, the petition was dismissed because it sought reconsideration of an interlocutory order and the substantive issue was not ripe for appeal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPrima Facie Illegally UninsuredFinal OrderSubstantive RightThreshold IssueInterlocutory Procedural IssueLabor Code Section 3715(d)Appeals Board En BancSubstantial Evidence
References
Case No. OAK 300340 OAK 300393
Regular
Aug 12, 2008

MARTHA PENSE vs. HOLY CROSS CEMETERY, ROYAL SUNALLIANCE

The Workers' Compensation Appeals Board granted reconsideration of a decision that apportioned 1/3 of the applicant's permanent disability to non-industrial factors. The Board found the original judge erred in how she interpreted medical opinions and applied apportionment rules. The case is returned to the trial level for further proceedings to clarify permanent disability, apportionment, and attorney's fees, ensuring proper findings and reasoning are provided.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentIndustrial InjuryWCJUnemployableOpen Labor MarketDr. Jamasbi
References
Case No. OAK 0249742
Regular
May 13, 2008

DIANE KENNEDY vs. COUNTY OF ALAMEDA WELFARE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding industrial injury to the applicant's neck and upper extremities. The defendants argued errors regarding permissible self-insurance, evidence admission, temporary disability periods, and apportionment. The Board rescinded the original award and returned the case to the trial level for further proceedings and a new decision by the WCJ based on the WCJ's recommendations.

Workers' Compensation Appeals BoardCounty of Alameda Welfare DepartmentSedgwick Claims Management ServicesAIG Insurance CompanyTristar Risk Managementcumulative traumaeligibility technicianindustrial injuryneckbilateral upper extremities
References
Case No. ADJ8171717
Regular
Oct 09, 2014

ANOUSH MASSIHI vs. OCCIDENTAL COLLEGE, SEABRIGHT INSURANCE COMPANY

This case involves Anoush Massihi's workers' compensation claim against Occidental College and Seabright Insurance Company for continuous trauma injuries. The Defendants petitioned for reconsideration, challenging the Workers' Compensation Judge's (WCJ) reliance on Dr. Sobel's medical opinions, findings on wages and concurrent employment, apportionment, and the employer's Medical Provider Network status. The WCJ's report recommended denying reconsideration, finding that the WCJ properly exercised discretion in weighing medical evidence and that issues of wages and concurrent employment were waived. The WCJ also found sufficient basis for apportionment and that the MPN issue was irrelevant to the decision. The Workers' Compensation Appeals Board adopted the WCJ's report and denied the petition for reconsideration.

Workers' Compensation Appeals BoardOccidental CollegeSeabright Insurance CompanyPetition for ReconsiderationWCJ ReportAnoush MassihiContinuous Trauma InjuryDr. Philip SobelQualified Medical ExaminerPQME
References
Case No. ADJ10679103
Regular
Dec 14, 2017

LARRY SYKES vs. THE ANSCHUTZ CORPORATION, STARR INDEMNITY & LIABILITY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior finding of industrial injury to the applicant's lumbar spine. The Board found that the existing medical reporting from Dr. Hong, Dr. Jamasbi, and the PQME Dr. Schofferman did not constitute substantial evidence to support this lumbar spine injury finding. Therefore, the case is returned to the trial level to develop the record further on the lumbar spine injury issue.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCervical SpineThoracic SpineLumbar SpineStagehandSecurity OfficerMedical Treatment RecordsSubstantial Evidence
References
Case No. ADJ3279477 (OAK 0343449)
Regular
Mar 26, 2010

RAYSHAWN LAMBERT vs. AEROTEK/ALLEGIS GROUP, INSURANCE COMPANY FOR THE STATE OF PENNSYLVANIA, Administered By BROADSPIRE

The Board granted reconsideration to further develop the record regarding the applicant's permanent and stationary (P&S) date. The WCJ's reliance on medical opinions was flawed because Dr. Lavigna lacked a complete medical history, not accounting for a subsequent motor vehicle accident. Dr. Jamasbi's opinion also failed to adequately address causation and consider all contributing factors. Consequently, the Board rescinded the original award and returned the case for further proceedings and a new decision.

Workers Compensation Appeals Boardindustrial injuryright anklebilateral feettemporary disabilitypermanent and stationary datemedical mileage penaltysubstantial evidencepodiatrist opinionpain management specialist
References
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
Showing 1-8 of 8 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