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. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ7315205
Regular
Jul 08, 2010

JOSE H. HERNANDEZ vs. COVE BUILDERS, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the calculation of permanent disability (PD) payments for an applicant with 100% PD. The defendant appealed an order that adjusted PD payments based on a calculation by T. Blair McGowan, arguing that McGowan's calculations incorrectly applied a 15% increase under Labor Code section 4658(d)(2) and improperly included cost of living adjustments (COLA) prior to the date of injury. The Board granted reconsideration, finding the 15% increase inapplicable to 100% PD cases. However, due to the unsettled legal status of COLA calculations following *Duncan v. WCAB*, the Board rescinded the prior order and remanded the case for further proceedings to determine the correct PD rate.

Workers' Compensation Appeals BoardReconsiderationClerical ErrorPermanent Disability RateLabor Code Section 4658(d)(2)Labor Code Section 4659(c)Cost of Living AdjustmentDate of Injury100% Permanent DisabilityPermanent Partial Disability
References
Case No. ADJ802221
En Banc
May 21, 2014

Warren Brower vs. David Jones Construction, State Compensation Insurance Fund

The Appeals Board affirmed the finding of permanent total disability and the allowance of medical-legal costs, but amended the decision to have permanent disability payments commence the day after temporary disability payments ceased, with cost-of-living adjustments starting the following January.

En Banc DecisionReconsiderationTemporary Total DisabilityPermanent Total DisabilityLabor Code Section 4656(c)(1)Labor Code Section 4650(b)Permanent and Stationary DateMedical-Legal ExpenseAgreed Medical EvaluatorTreating Physician
References
Case No. ADJ179070
Regular
Sep 22, 2008

COLLEEN POGUE vs. SIERRA SURGERY CENTER, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration and affirmed the WCJ's decision awarding applicant 100% permanent total disability for a work-related psychiatric injury and latex allergy, amending the award to include a cost of living adjustment.

Psyche injuryLatex allergyPermanent total disabilityReconsiderationApportionmentLabor Code section 4659(c)Cost of living adjustmentFindings and AwardWCJAppeals Board
References
Case No. ADJ4655359 (SRO 0135846)
Regular
Apr 08, 2011

FRANCISCO HERNANDEZ vs. SONOMA ROOFING SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior award of 100% permanent total disability for applicant's industrial injury. While the defendant contested the 100% disability finding and the award of cost of living adjustments (COLA), the Board found sufficient medical evidence supported the permanent disability. However, the commencement date for the COLA increases, specifically its retroactivity, was deferred pending a California Supreme Court decision in *Duncan*.

Workers' Compensation Appeals BoardPermanent Total DisabilityDiminished Future Earning CapacityLife PensionCost of Living AdjustmentsCOLALabor Code Section 4659Duncan v. Workers' Comp. Appeals Bd.Permanent Disability Rating SpecialistQualified Medical Examiner
References
Case No. ADJ2176267 (SRO 0135757)
Regular
Oct 22, 2013

JON POWASNICK vs. SONOMA DEVELOPMENTAL CENTER

The Appeals Board affirmed the WCJ's award of 88% permanent disability and denied the applicant's claim for Subsequent Injuries Fund benefits. However, the Board remanded the case to the trial level for recalculation of the applicant's attorney's fee from life pension payments. This recalculation must commute the fee using the "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage increase, accounting for Cost of Living Adjustments. The WCJ's determination of the permanent disability percentage and the denial of SIF benefits were upheld.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilitySubsequent Injuries FundAttorney's FeeCommutationLife PensionCost of Living AdjustmentState Average Weekly WageUniformly Increasing Reduction
References
Case No. ADJ269375 (OAK 0301858)
Regular
Mar 25, 2011

ALFREDO MATA vs. WAGNER CONSTRUCTION COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This case involves applicant Alfredo Mata's petition for reconsideration of a workers' compensation award for spinal and psychiatric injuries sustained in 2003. The applicant argued the initial 90% permanent disability rating was too low, seeking 100% permanent total disability. While the Board affirmed the 90% rating after reviewing the evidence, it deferred the determination of the life pension amount. This deferral is pending a California Supreme Court decision in *Duncan v. Workers' Comp. Appeals Bd.* regarding cost-of-living adjustments for permanent disability benefits.

Alfredo MataWagner Construction CompanyZurich American Insurance CompanyADJ269375OAK 0301858ReconsiderationPermanent DisabilityLife PensionCost of Living AdjustmentCOLA
References
Case No. SRO 0120101, SRO 0120100
Regular
Mar 28, 2008

CYNTHIA L. RICH vs. STATE OF CALIFORNIA, SONOMA DEVELOPMENTAL CENTER, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over how to calculate temporary disability indemnity for an injured worker. The employer argues that indemnity should be based on the applicant's wages at the time of injury, while the applicant seeks a higher rate based on her earning capacity and anticipated future wage increases. The Appeals Board granted reconsideration, finding that a strict application of the wage at the time of injury may not be reasonable given the applicant's employment history and potential for future raises. The case is remanded for further proceedings to determine earning capacity based on reasonably anticipated cost of living adjustments.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrdersTemporary Disability IndemnityEarning CapacityAverage Weekly EarningsDate of InjuryLabor Code Section 4453(d)Permanent DisabilityMedical Treatment
References
Case No. ADJ1544610 (MON 0209957)
Regular
May 11, 2012

HILDA RUIZ-GUZMAN vs. EL POLLO LOCO; SPECIALTY RISK SERVICES

This case involves a dispute over the adequacy of a proposed Compromise and Release (C&R) settlement for a worker with extensive injuries. The WCJ initially found the C&R inadequate, leading to Petitions for Reconsideration from both the applicant and defendant. The Appeals Board has scheduled a Commissioners' Conference to discuss the C&R, including the annuity rate, cost-of-living adjustments for future payments, the identity of the liable insurer, and the reasonableness of the proposed attorney fee, which appears to exceed statutory guidelines. The applicant's attorney must justify the $1.7 million fee based on specific factors.

Compromise and ReleaseStructured SettlementPetition for ReconsiderationFindings of Fact and OrderPermanent DisabilityFurther Medical TreatmentAttorney FeeAnnuityCost of Living AdjustmentExcess Carrier
References
Showing 1-10 of 1,446 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