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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ2444225 (GRO 0016225) ADJ811699 (GRO 0016226) ADJ4137711 (GRO 0016352)
Regular
Aug 04, 2009

DWIGHT SMITH vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, legally uninsured, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, adjusting agency

This case involves a California Supreme Court decision that reversed an award of attorney's fees to the applicant's counsel. The Court found that Labor Code section 4607 did not authorize such fees, overturning previous decisions by the WCJ and the Appeals Board. Consequently, the Appeals Board reinstated its original order denying reconsideration and attorney's fees.

Workers' Compensation Appeals BoardRemittiturAttorney's feesLabor Code section 4607ReconsiderationDenying ReconsiderationCalifornia Supreme CourtCourt of AppealLegally uninsuredAdjusting agency
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. SAC 0296084
Regular
Sep 26, 2007

SHIRLEY MOERSFELDER vs. SAN JUAN UNIFIED SCHOOL DISTRICT, AMERICAN INSURANCE COMPANY, FIREMAN'S FUND INSURANCE COMPANY

This case involves an applicant seeking reconsideration of a workers' compensation award, primarily challenging the denial of additional self-procured medical treatment costs and attorney's fees for enforcing a prior medical treatment award. The Board granted reconsideration, rescinded the prior award, and returned the case to the trial level pending a California Supreme Court decision on similar attorney's fee issues. The Board deferred ruling on the self-procured medical costs to await the outcome of the Supreme Court's determination on the attorney's fee question.

Self-procured expensesLabor Code section 4607attorney's feesmedical treatment awardpermanent disabilityindustrial injuryinstructional aideSan Juan Unified School DistrictFireman's Fund Insurance Companyrescinded
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. SAC 0351452
Regular
Nov 20, 2007

TEJINDER K. BATH vs. VOLT INFORMATION SCIENCES; HARTFOD CASUALTY

The Workers' Compensation Appeals Board denied reconsideration of its award of $1,237.50 in attorney's fees to the applicant. The defendant argued that Labor Code section 5801 does not authorize fees for responding to a Supreme Court petition for review and that the Supreme Court's denial of the defendant's petition precluded the Board from awarding fees. The Board affirmed its decision, finding that services rendered in answering the Supreme Court petition were "in connection with" the initial petition for writ of review, thereby qualifying the applicant's attorney for fees under section 5801.

Workers' Compensation Appeals BoardVoit Information SciencesHartford CasualtyTejinder K. BathOpinion and Order Denying Reconsiderationattorneys feespetition for reviewSupreme Court of CaliforniaLabor Code section 5801jurisdiction
References
Case No. ADJ800751 (VNO 0554673)
Regular
May 24, 2012

RUBEN KESHISHIAN vs. PROGRESS RAIL SERVICE/VIC'S TRUCKING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Ruben Keshishian was employed as a truck driver by Progress Rail Service on August 30, 2007. This finding was supported by the WCJ's analysis under the *Borello* factors, which the Board adopted. The decision was further supported by cited cases from the California Supreme Court and appellate courts. Therefore, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedEmployment StatusTruck DriverS.G. Borello & SonsLiberty Mutual InsuranceProgress Rail ServiceVic's TruckingWCJ OpinionAdministrative Law Judge
References
Case No. ADJ4494642 (SBA 0026287)
Regular
Jun 18, 2009

MARY CONTRERAS vs. DAVID EARTHCRAFT, INC., ZENITH INSURANCE COMPANY

In this case, the applicant, Mary Contreras, sought attorney fees under Labor Code section 4607 after successfully challenging the denial of specific requested medications by the defendant. The Workers' Compensation Appeals Board (WCAB) reversed a prior award of attorney fees, holding that section 4607 only applies when an employee successfully resists an employer's attempt to terminate an entire award of medical treatment, not just specific treatment requests. The WCAB relied on the California Supreme Court's decision in *Smith v. Workers' Comp. Appeals Bd.*, which clarified this statutory interpretation. Therefore, the applicant was denied attorney fees as the defendant did not attempt to terminate the applicant's ongoing medical treatment award.

Utilization reviewAgreed medical evaluatorsAttorney feesSection 4607Termination of awardMedical treatmentMedication authorizationPermanent disabilityIndustrial injuryWCJ
References
Case No. SAC 269856
Regular
Apr 01, 2008

SURRINDER DOSANJH vs. METRO MAILING SERVICE, BROADSPIRE, California Insurance Guarantee Association (CIGA)

The Appeals Board affirmed the WCJ's award of interpreter fees for medical treatment appointments, finding the defendant liable despite contentions of non-liability under AD Rule 9795.3. However, the issue of attorney's fees under Labor Code section 4607 was deferred pending a Supreme Court decision on a similar case concerning enforcement of medical awards. The case is returned to the WCJ for further proceedings on attorney's fees after the Supreme Court ruling.

CIGAAD Rule 9795.3interpreter feesEnglish-Punjabichronic painLabor Code section 4607attorney's feesmedical treatmentenforcement of awarddeferred issue
References
Case No. AHM 70712
En Banc
Jul 27, 2004

Jeannie Karaiskos vs. Metagenics, Inc., California Compensation Insurance Co., In Liquidation, California Insurance Guarantee Association, Risk Enterprise Management Ltd. (Servicing Facility)

The Appeals Board, following a remittitur from the Court of Appeal, rescinded a prior decision and affirmed that the California Insurance Guarantee Association (CIGA) is not obligated to pay a lien from the Employment Development Department (EDD) because it is not a 'covered claim'.

Workers' Compensation Appeals BoardRemittiturEmployment Development DepartmentEDD lienCalifornia Insurance Guarantee AssociationCIGAcovered claimInsurance CodeCourt of AppealWCJ
References
Showing 1-10 of 3,344 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