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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4549941 (OXN 0133428) ADJ1729960 (OXN 0133245)

Regular

Jan 13, 2011

MARIA CORTEZ vs. EL TACO DE MEXICO, SCIF INSURED OXNARD

This case concerns Maria Cortez's workers' compensation claims against El Taco de Mexico and its insurer, SCIF. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the petition for reconsideration has been officially denied.

Workers' Compensation Appeals BoardMaria CortezEl Taco de MexicoSCIF Insured OxnardOrder Denying ReconsiderationPetition for ReconsiderationWorkers' compensation administrative law judgeWCJ reportAdopt and incorporateDeidra E. Lowe

References

Case No. ADJ801957 (LAO 0798054) ADJ2438083 (LAO 0851450)

Regular

Oct 04, 2010

ROBERTO CORTEZ vs. ESP 2000, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, TIG INSURANCE COMPANY

This case involves two industrial injuries sustained by Roberto Cortez as a deliveryman. The Workers' Compensation Appeals Board affirmed a joint findings and award, confirming two separate injuries in 2000 and a cumulative trauma injury from 2000-2001. The Board also affirmed the judge's calculation of applicant's attorney's fees as a percentage of the award, rather than an hourly rate, despite a dispute over the application of Labor Code section 4066. Ultimately, the Board agreed with the judge's findings on liability and attorney's fees, affirming the original award.

Workers' Compensation Appeals BoardRoberto CortezESP 2000 Inc.California Insurance Guarantee AssociationFremont Insurance CompanyTIG Insurance CompanyADJ801975ADJ2438083specific injurycumulative trauma

References

Case No. ADJ8969860

Regular

Jul 28, 2016

Miguel Cortez vs. American Security Force, Inc., The Hartford

This case involves an applicant, Miguel Cortez, who sought workers' compensation benefits for an alleged injury to his left shoulder sustained on May 28, 2013. The Workers' Compensation Appeals Board denied his Petition for Reconsideration, upholding the administrative law judge's finding. The Board found Cortez failed to meet his burden of proof for a compensable injury arising out of and occurring in the course of employment. This decision was based heavily on the judge's credibility determination regarding Cortez's inconsistent testimony about the incident and conflicting accounts of the injury provided to medical providers.

AOE/COEPetition for ReconsiderationCredibility determinationBurden of proofLabor Code § 3600(a)(10)Industrial injuryCompensable injuryWCJ reportWitness demeanorTerminated employee

References

Case No. ADJ9843354, ADJ9340113

Regular

Feb 02, 2017

SANDRA CORTEZ vs. EMPLOYMENT RESOURCES GROUP, INC.; CLAIMS R.M.

This case involves an applicant, Sandra Cortez, and defendants Employment Resources Group, Inc. and Claims R.M. The Workers' Compensation Appeals Board dismissed Cortez's petition for reconsideration and denied her petition for removal. The Board found that the WCJ's decision addressed an interlocutory procedural or evidentiary issue, not a final determination of substantive rights or liabilities. Removal was denied because there was no showing of substantial prejudice or irreparable harm, and reconsideration would be an adequate remedy. The Board also clarified that a letter to an AME copied to the applicant's attorney was not an ex parte communication.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy

References

Case No. ADJ9100288

Regular

May 17, 2018

GILBERT CORTEZ (Deceased), NOHEMA CORTEZ (Surviving Spouse & Guardian Ad Litem), et al. vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision concerning death benefits for the deceased employee's children, Andres and Marisa Cortez. The WCAB remanded the case to the administrative law judge to properly join the California Public Employees' Retirement System (CalPERS) and determine the entitlement to and coordination of workers' compensation death benefits with CalPERS special death benefits. The WCAB clarified that the "good cause" standard under *Antrim* applies and that CalPERS benefits may offset workers' compensation benefits to avoid duplicate payments. Further proceedings are required to consider the specific claims of dependency and the impact of CalPERS payments.

Workers' Compensation Appeals BoardCDCRSCIFCalPERSdeath benefitsdependent childrenspecial death benefitsoffsetAntrim standardLabor Code section 4707

References

Case No. ADJ3663514 (LAO 0820528) ADJ4004409 (LAO 0820529)

Regular

Dec 17, 2012

JOEL CORTEZ vs. WESTFIELD AMERICAN, FIREMAN'S FUND INSURANCE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration and affirmed the original decision, with amendments. The applicant was found to have 68% permanent disability after apportionment. Fireman's Fund was awarded reimbursement of $31,732.84 as credit against the applicant's permanent disability award. Attorney's fees were set at $5,701.00.

JOEL CORTEZWESTFIELD AMERICANFIREMAN'S FUND INSURANCE COMPANIESWORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONAPPORTIONMENTPERMANENT DISABILITYREIMBURSEMENTCREDITARROWWOOD INSURANCE COMPANY

References

Case No. ADJ4299001 (SAL 0110239)

Regular

Mar 10, 2009

JOAQUIN CORTEZ (MARTINEZ) vs. FRU-CON CONSTRUCTION CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further proceedings. The Board found that the workers' compensation judge (WCJ) improperly disregarded the AMA Guides and relevant case law when determining permanent disability. Specifically, the WCJ's reliance on vocational expert opinions for diminished future earning capacity (DFEC) was inconsistent with established precedent. The matter is remanded for the WCJ to re-evaluate permanent disability consistent with recent en banc decisions addressing rebuttal of the AMA Guides and DFEC portions of the rating schedule.

Workers' Compensation Appeals BoardJoaquin CortezFru-Con Construction CorporationZurich American Insurance CompanyIndustrial InjuryTemporary Total DisabilityPermanent DisabilityDisability Evaluation UnitRebuttalAmerican Medical Association Guides

References

Case No. ADJ3755958

Regular

Feb 13, 2019

NANCY ANN FINKBEINER vs. RALEY'S FAMILY OF FINE STORES, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied Nancy Ann Finkbeiner's Petition for Removal. The Board found that removal is an extraordinary remedy and Finkbeiner failed to demonstrate substantial prejudice or irreparable harm from denial. Furthermore, she did not show that reconsideration would be an inadequate remedy should an adverse decision be issued. Therefore, her petition was denied.

Petition for RemovalDenying PetitionRemoval RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportAppeals BoardCortezKleemann

References

Case No. ADJ10586958

Regular

INOCENTA PALENCIA vs. NESTLE PREPARED FOODS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Inocenta Palencia's workers' compensation claim against Nestle. Palencia filed a Petition for Removal, an extraordinary remedy. The Workers' Compensation Appeals Board denied the petition, finding Palencia failed to demonstrate substantial prejudice or irreparable harm. The Board also determined that reconsideration would be an adequate remedy should an adverse decision be made later.

Petition for RemovalDeniedAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyextraordinary remedyCortez

References

Case No. ADJ17764140; ADJ17764143

Regular

Oct 08, 2025

JUAN SIGALA vs. FST MANAGEMENT GROUP, LLC; TRAVELERS

The applicant, Juan Sigala, filed a petition for removal challenging an order that set the case for a priority conference, arguing that discovery was incomplete. The Workers' Compensation Appeals Board, after reviewing the petition and the WCJ's recommendation to deny removal, found that the applicant failed to demonstrate the substantial prejudice or irreparable harm required for such an extraordinary remedy. The Board emphasized that a priority conference serves to monitor discovery progress and does not warrant removal. Consequently, the Board denied the petition for removal.

Petition for RemovalPriority ConferenceDiscoverySubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyWCJAppeals BoardFST Management Group

References

Showing 1-10 of 113 results

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4549941 (OXN 0133428) ADJ1729960 (OXN 0133245)

Regular

Jan 13, 2011

MARIA CORTEZ vs. EL TACO DE MEXICO, SCIF INSURED OXNARD

References

Case No. ADJ801957 (LAO 0798054) ADJ2438083 (LAO 0851450)

Regular

Oct 04, 2010

ROBERTO CORTEZ vs. ESP 2000, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, TIG INSURANCE COMPANY

References

Case No. ADJ8969860

Regular

Jul 28, 2016

Miguel Cortez vs. American Security Force, Inc., The Hartford

AOE/COEPetition for ReconsiderationCredibility determinationBurden of proofLabor Code § 3600(a)(10)Industrial injuryCompensable injuryWCJ reportWitness demeanorTerminated employee

References

Case No. ADJ9843354, ADJ9340113

Regular

Feb 02, 2017

SANDRA CORTEZ vs. EMPLOYMENT RESOURCES GROUP, INC.; CLAIMS R.M.

References

Case No. ADJ9100288

Regular

May 17, 2018

GILBERT CORTEZ (Deceased), NOHEMA CORTEZ (Surviving Spouse & Guardian Ad Litem), et al. vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

Workers' Compensation Appeals BoardCDCRSCIFCalPERSdeath benefitsdependent childrenspecial death benefitsoffsetAntrim standardLabor Code section 4707

References

Case No. ADJ3663514 (LAO 0820528) ADJ4004409 (LAO 0820529)

Regular

Dec 17, 2012

JOEL CORTEZ vs. WESTFIELD AMERICAN, FIREMAN'S FUND INSURANCE COMPANIES

JOEL CORTEZWESTFIELD AMERICANFIREMAN'S FUND INSURANCE COMPANIESWORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONAPPORTIONMENTPERMANENT DISABILITYREIMBURSEMENTCREDITARROWWOOD INSURANCE COMPANY

References

Case No. ADJ4299001 (SAL 0110239)

Regular

Mar 10, 2009

JOAQUIN CORTEZ (MARTINEZ) vs. FRU-CON CONSTRUCTION CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

References

Case No. ADJ3755958

Regular

Feb 13, 2019

NANCY ANN FINKBEINER vs. RALEY'S FAMILY OF FINE STORES, CORVEL CORPORATION

Petition for RemovalDenying PetitionRemoval RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportAppeals BoardCortezKleemann

References

Case No. ADJ10586958

Regular

INOCENTA PALENCIA vs. NESTLE PREPARED FOODS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Petition for RemovalDeniedAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyextraordinary remedyCortez

References

Case No. ADJ17764140; ADJ17764143

Regular

Oct 08, 2025

JUAN SIGALA vs. FST MANAGEMENT GROUP, LLC; TRAVELERS

Petition for RemovalPriority ConferenceDiscoverySubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyWCJAppeals BoardFST Management Group

References

Showing 1-10 of 113 results

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