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. ADJ7730915
Regular
Sep 18, 2015

TODD PALOMBO vs. CITY OF COSTA MESA

This case involves a firefighter claiming industrial heart injury under Labor Code § 3212, which presumes such injuries are work-related unless rebutted. The defense argued pre-existing conditions and lifestyle choices caused the applicant's cardiac arrhythmia. However, the medical expert did not definitively state non-work-related factors were the *sole* cause of the heart trouble, failing to overcome the statutory presumption. Therefore, the Workers' Compensation Appeals Board affirmed the finding of industrial injury.

Labor Code section 3212firefighterheart troublepresumptionindustrial injurycirculatory systemcumulative periodPetition for ReconsiderationWCJagreed medical evaluator
References
Case No. ADJ1961643
Regular
Sep 22, 2009

STEPHEN PERRYMAN vs. CITY OF SALINAS, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant's claim of not being served with the award was refuted by proof of service and case law. Even if timely, the petition would have been denied because the defendant failed to meet its burden of proof to establish overlap with a prior award for a cardiac condition. Medical evidence indicated the current cardiac impairment was due to objective findings not present in the prior award.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCity of SalinasJT2 Integrated ResourcesADJ1961643SAL 0116326Untimely FilingAward ServiceCardiac Disability
References
Case No. ADJ4142754 (AHM 0142785) ADJ6726440
Regular
Sep 05, 2013

Joshua Hubbard vs. United Parcel Service, Liberty Mutual Insurance

This case concerns Joshua Hubbard's workers' compensation claims for a cardiac arrest and alleged cumulative trauma. The Workers' Compensation Appeals Board denied reconsideration of the decision to deny Hubbard's claims. The WCJ's report, adopted by the Board, found no medical evidence supported either a cumulative trauma injury or that the specific cardiac arrest arose out of employment. The medical opinions cited by the applicant were found insufficient to establish causation, lacking definitive information regarding work hours and applicable medical theories.

WCABPetition for ReconsiderationDeniedCardiac ArrestCourse of EmploymentArising Out Of EmploymentCumulative TraumaSpecific InjuryMedical EvidenceDr. Dimmick
References
Case No. ADJ9919242
Regular
Apr 04, 2017

JAMES KIRCHER vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration. The Board affirmed the finding that a firefighter sustained an industrial injury to his heart and circulatory system when he experienced atrial arrhythmias during a mandatory work treadmill test. Although the Agreed Medical Examiner initially stated he wouldn't term the event an "injury," he later opined the arrhythmias were work-related and caused in part by job stress, leading to the applicant being taken off work. The Board concluded this constituted an injury under the Labor Code, resulting in temporary disability.

Atrial arrhythmiasTreadmill stress testAgreed Medical ExaminerWork mandated health checkIndustrial injuryTemporary disabilityPermanent disabilityOccupational medicineCardiologyLabor Code section 3208
References
Case No. ADJ2894818 (SRO 0132752)
Regular
Mar 02, 2009

DAVID L. BROWN vs. COUNTY OF MENDOCINO, Permissibly Self-Insured, by CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further proceedings, finding that the administrative law judge erred in issuing an unapportioned permanent disability award. The Board determined that the doctor's report clearly indicated overlap between the applicant's two cardiac impairments, requiring apportionment. While there was no clear evidence for apportionment to the applicant's prior spinal disability, the Board directed the trial level to obtain a new rating that accounts for the duplication in the cardiac conditions. This decision ensures a more accurate and equitable permanent disability assessment by considering the overlap in impairments.

Workers' Compensation Appeals BoardADJ2894818SRO 0132752David L. BrownCounty of MendocinoClaims Management Inc.ReconsiderationSupplemental Findings Award OrderPermanent DisabilityApportionment
References
Case No. ADJ4693006 (VNO 0529733)
Regular
May 06, 2011

MICHAEL GARVEY vs. CITY OF LOS ANGELES; Permissibly-SelfInsured, c/o TRISTAR RISK MANAGEMENT

The Appeals Board amended the WCJ's decision, finding that apportionment of permanent disability was precluded by Labor Code section 4663(e) due to the presumption of industrial heart injury for police officers. The Board further determined the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Consequently, issues of permanent disability and attorney's fees were deferred to the trial level for further proceedings. The case was returned to the WCJ for a new decision after further action.

Workers' Compensation Appeals BoardReconsiderationLabor Code section 3212.5Police OfficerIndustrial InjuryHeart DiseaseCoronary Artery DiseaseCardiac ArrhythmiasHypertensionPermanent Disability
References
Case No. ADJ9260950
Regular
Oct 23, 2015

DAVE EHRLICH vs. INGLEWOOD UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding an applicant's stroke non-industrial. The WCAB found that the primary medical evaluator's analysis was insufficient because it focused only on whether specific employment events caused the stroke, rather than whether employment contributed to underlying conditions. The WCAB noted a duty to develop the record when medical evidence is incomplete or insufficient. Therefore, the case is returned to the trial level for further development of the record and a new decision.

Petition for ReconsiderationQualified Medical EvaluatorIndustrial InjuryMedical NexusDevelopment of RecordSubstantial EvidenceHypertensionCardiac ArrhythmiaStrokeNon-industrial Causation
References
Case No. ADJ9413996; ADJ9413375; ADJ9413995; ADJ9413379; ADJ10118222; ADJ14275087
Regular
Aug 04, 2025

ERIC TAYLOR vs. CITY OF WATSONVILLE, TRINDEL INSURANCE FUND for COUNTY OF SAN BENITO

This case concerns petitions for reconsideration filed by defendants City of Watsonville and County of San Benito against an Amended Joint Findings, Award & Order from May 2, 2025. The original order found applicant Eric Taylor to have 100 percent permanent and total disability, with liability assigned to the County of San Benito. Both defendants dispute the method used for combining disability ratings and aspects of liability. The Workers' Compensation Appeals Board granted both petitions, deferring a final decision after reconsideration for further review of the merits and the entire record.

Labor Code section 5909Petition for ReconsiderationCombined Values ChartPermanent and Total DisabilityApportionmentSection 3212.5Section 4663(e)ContributionReimbursementMaximum Medical Improvement (MMI)
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ2140761 (VNO 0544583) ADJ638834 (VNO 0544768)
Regular
May 08, 2018

DENNIS BAJGROWICZ vs. PARAMOUNT PICTURES (psi) administered by MURPHY & BEANE, INC.(tpa)

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending the initial award. The Board found the applicant did not sustain a cardiac injury and reduced the permanent disability rating from 76% to 33%. Consequently, the attorney's fee was also reduced from $30,000.00 to $5,244.00, with the decision largely based on substantial medical evidence from Dr. Hirsch, who reviewed extensive records, over conflicting opinions.

Workers' Compensation Appeals BoardParamount PicturesMurphy & BeanePetition for ReconsiderationFindings and Awardcervical spinelumbar spineleft shoulderleft hiplower gastrointestinal system
References
Showing 1-10 of 63 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