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. MISSING
Regular Panel Decision

Claim of Giudi v. New Paltz Fire Department

The Workers' Compensation Board's finding that the claimant remains unable to perform their prior employment duties as a chef, or those of a reasonable substitute, due to cognitive impairments, is supported by substantial evidence. This evidence includes the claimant's testimony and the opinion of a clinical neuropsychologist, who stated that the cognitive impairments prevent the claimant from working as a chef or military police officer. The Board's crediting of this evidence, which justified the finding of over 75% earning capacity loss, was upheld. The employer's argument that the Board applied an incorrect legal standard was rejected. The decision is affirmed.

cognitive impairmentsearning capacity lossdisability benefitsneuropsychologyoccupational injurymedical opinionappellate reviewsubstantial evidenceworkers' compensation lawemployment duties
References
5
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
0
Case No. ADJ1880234 (GOL 0097047)
Regular
Oct 06, 2014

HSING TEREK vs. EMBASSY SUITES/WINDSOR CAPITAL GROUP

In this workers' compensation case, the applicant suffered an admitted industrial injury from a slip and fall as a housekeeper. The defendant sought reconsideration of the findings of total permanent disability and injury to the "psyche, head, internal, and neurological/cognitive impairment." The Appeals Board granted reconsideration to address the ambiguity of the "internal" injury finding, which they found insufficiently specified. While affirming the total permanent disability finding and injury to psyche, head, and neurological/cognitive impairment, the Board rescinded the "internal" injury finding and returned the case for further proceedings to clarify the specific internal systems or conditions injured.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardIndustrial InjuryPsycheNeurological/Cognitive ImpairmentTotal Permanent DisabilityApportionmentHousekeeperSlip and Fall
References
1
Case No. GRO 0031003 GRO 0031004
Regular
May 19, 2008

LOLA WATTS vs. OPTIONS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case to the trial level. The PWCJ's prior findings did not adequately account for the applicant's cognitive deficits, as determined by a neuropsychologist. The Board emphasized that all factors of disability must be considered in the permanent disability rating, requiring further proceedings to develop the record.

Workers Compensation Appeals BoardApplicantIndustrial InjuryPermanent DisabilityReconsiderationFindings and AwardPresiding Workers Compensation Administrative Law JudgeCognitive DeficitsOrthopedistNeuropsychologist
References
3
Case No. ADJ9671636
Regular
Feb 15, 2017

TERRI SCOTT vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted the employer's petition for reconsideration, reversing a prior decision. The WCAB found that the employer's utilization review (UR) decisions regarding medical treatment requests were timely. Consequently, the prior award of a cognitive rehabilitation program at Casa Colina to the applicant was rescinded. The WCAB emphasized that timely UR is a prerequisite for awarding such treatment.

Workers Compensation Appeals BoardUtilization ReviewRequest for AuthorizationMedical TreatmentCognitive RehabilitationTimelinessLabor Code Section 4610Administrative Director Rule 9792.9.1Compensable Consequence InjuryPrimary Treating Physician
References
3
Case No. ADJ11329391, ADJ13022586
Regular
Dec 11, 2020

Richard Mancha vs. California Department of Forestry and Fire Prevention, STATE COMPENSATION INSURANCE FUND

This case involves a firefighter, Richard Mancha, who claimed injury to his heart, memory, and cognitive abilities. Both the applicant and the defendant Department of Forestry and Fire Prevention appealed an earlier award. After reconsideration, the parties reached a Compromise and Release agreement for $150,000, which the Board found adequate and in the applicant's best interest. The Board rescinded the prior Findings and Award and approved the settlement.

Workers' Compensation Appeals BoardRichard ManchaCalifornia Department of Forestry and Fire PreventionLegally UninsuredState Compensation Insurance FundADJ11329391ADJ13022586Opinion and Decision After Reconsiderationapparatus/engineer fire fighterheart trouble presumption
References
2
Case No. LAO 0785803
Regular
Nov 26, 2007

CARL BREWER, GLENDA BREWER vs. CAPITOL REPROGRAPHICS, CIGA for VILLANOVA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding a prior award of permanent disability and attorney fees. The Board found that the opinion of Dr. Bertoldi, which concluded the applicant's severe cognitive disorder was primarily industrial and related to the head injury, constituted substantial evidence. The Board also dismissed the defendant's appeal regarding attorney fees, finding they were not aggrieved by an award paid from the applicant's benefits.

Workers' Compensation Appeals BoardReconsiderationSubstantial EvidenceInjured WorkerGuardian ad LitemDefendantPetition for ReconsiderationWCJPermanent DisabilityAttorneys Fees
References
2
Case No. ADJ10558753
Regular
Apr 25, 2018

DIANE SCHRADER vs. THE HETTENA LAW FIRM, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The applicant sought to set aside a Compromise and Release (C&R) settlement, alleging severe cognitive impairment at the time of signing. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the original decision. The WCAB found that the physician's report, which formed the basis of the applicant's claim of impairment, was speculative as the physician was not present at the settlement. Furthermore, the WCAB deferred to the administrative law judge's credibility determination, who found the claims of incompetence not credible.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact & OrderCompromise and ReleaseOrder Approving Compromise and ReleaseSet AsideGood CauseCognitive ImpairmentSubstantial EvidencePrimary Treating Physician
References
3
Case No. ADJ367164 (AHM 0084399)
Regular
May 15, 2017

GUILLERMINA BALDWIN vs. DELPHI ENERGY & ENGINE MANAGEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For RELIANCE INSURANCE, In Liquidation

The Workers' Compensation Appeals Board granted reconsideration of a prior award of permanent total disability. The Board found that the applicant did not meet the criteria for a conclusive presumption of total disability under Labor Code section 4662(a)(4) as there was no evidence of a qualifying brain injury resulting in severe cognitive impairment. Therefore, the case was returned to the trial level for further proceedings on permanent disability and apportionment, including the development of the record on work functions and vocational rehabilitation.

Workers' Compensation Appeals BoardGUILLERMINA BALDWINDELPHI ENERGY & ENGINE MANAGEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONRELIANCE INSURANCELiquidationADJ367164Permanent Total DisabilityApportionmentLabor Code section 4662(a)(4)
References
2
Case No. ADJ2701474 (SAC 0322519)
Regular
Mar 13, 2009

JAMES POLSON vs. CONTINENTAL TRANSPORTATION, DEPARTMENT OF INDUSTRIAL RELATIONS as trustee for the SUBSEQUENT BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further proceedings. The WCAB found the applicant's vocational expert's opinion that the applicant is permanently and totally disabled due to pre-existing cognitive issues and the industrial injury constitutes substantial evidence. This opinion was deemed to meet the SIBTF threshold of 70% combined permanent disability. The WCAB instructed the trial judge to recalculate SIBTF benefits based on this finding.

Subsequent Injuries Benefits Trust FundVocational rehabilitation expertPermanent total disabilityMultiple Disabilities TableAgreed Medical EvaluatorPre-existing disabilityLabor marketVocational expert opinionIndustrial injuryWorkers' compensation administrative law judge
References
1
Showing 1-10 of 43 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