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. ADJ10751863
Regular
Jul 18, 2017

GABRIEL BAUTISTA vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was filed from a non-final order regarding venue. Such interlocutory procedural decisions are not subject to reconsideration as they do not determine substantive rights or liabilities. The WCAB also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm. Therefore, the WCAB upheld the WCJ's decision on venue as a procedural matter.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory ProceduralVenueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ1655785
Regular
Jan 19, 2011

DANIEL L. GORDON vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The applicant sought to challenge a prior WCAB decision that rescinded a judge's award and remanded the case for apportionment under Labor Code section 4664(c)(1). The WCAB ruled that reconsideration cannot be sought for interlocutory procedural orders that do not finally determine substantive rights or liabilities. Therefore, the applicant's petition was dismissed as procedurally improper.

WCABADJ1655785VNO 0546104Daniel L. GordonCounty of Los AngelesPetition for ReconsiderationOpinion and Order DismissingFindings and AwardDeputy SheriffCardiovascular system
References
4
Case No. ADJ8651999
Regular
Jul 18, 2014

CARL YARDE (Deceased) vs. EIU OF CALIFORNIA, TRAVELERS INDEMNITY COMPANY, ZURICH INSURANCE

This Workers' Compensation Appeals Board (WCAB) order dismisses a Petition for Reconsideration because it was not filed from a final order that determined substantive rights or liabilities. The WCAB also denies removal, adopting the administrative law judge's reasoning that the petitioner failed to demonstrate substantial prejudice or irreparable harm. The petition addressed interlocutory procedural matters, not a final decision. Consequently, the WCAB found the petition procedurally improper and denied removal.

Petition for ReconsiderationRemovalFinal OrderSubstantive RightLiabilityInterlocutory DecisionProcedural DecisionEvidentiary DecisionNon-final OrderAdministrative Law Judge
References
10
Case No. ADJ9391101
Regular
Feb 05, 2018

MOHSEN ZARRABI vs. EQUITY RESIDENTIAL PROPERTIES, TRAVELERS PROPERTY & CASUALTY

The Workers' Compensation Appeals Board (WCAB) dismissed Mohsen Zarrabi's Petition for Reconsideration because it was not filed from a "final" order, as the WCJ's decision addressed only an intermediate procedural or evidentiary issue. The WCAB also denied Zarrabi's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm if removal was not granted, nor that reconsideration would be an inadequate remedy. Ultimately, the WCAB determined that the procedural nature of the WCJ's decision precluded both reconsideration and removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural OrderEvidentiary IssueExtraordinary Remedy
References
6
Case No. ADJ8928936
Regular
May 06, 2015

DAVID ELEIDJIAN (Deceased), JULIE THOMAN as guardian ad litem for ELIZABETH ELEIDJIAN vs. HR COMP STAFFING LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, ACTION PERSONNEL AGENCY INC., HENKEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied their petition for removal. The WCAB found that the order joining Henkel Corporation as a party was an interlocutory procedural order, not a final order subject to reconsideration. Furthermore, the WCAB determined that the applicant was not denied procedural due process, as they had an opportunity to be heard on the joinder issue. Henkel Corporation was joined as a potential joint employer for the full adjudication of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalInterlocutory OrderProcedural Due ProcessJoinder of PartyJoint EmployerUninsured Employers Benefits Trust FundSubstantive RightsAdjudication
References
1
Case No. ADJ7560893
Regular
May 20, 2013

ABRAHAM AVILA vs. C AND Y INVESTMENT, dba GIRL TALK CLOTHING, FARMERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Abraham Avila. The WCAB noted that Avila's petition for reconsideration was not verified as required by statute, a defect that was pointed out by the WCJ but not cured by the applicant. Despite the procedural defect, the WCAB chose not to dismiss the petition and instead returned the matter to the trial level for further proceedings. This action was taken to allow the WCJ to address the issues under Code of Civil Procedure section 473.

Lucena v. Diablo Auto BodyLabor Code section 5902verification defectabuse of the workers' compensation systemCode of Civil Procedure section 473Petition for ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeGrant ReconsiderationRescind Dismissal
References
3
Case No. ADJ7509509
Regular
Oct 08, 2016

Tuong Vy Nguyen vs. MAXIM INTEGRATED PRODUCTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Tuong Vy Nguyen's Petition for Reconsideration. The dismissal was primarily based on the applicant's failure to comply with WCAB rules requiring specific references to the record and legal principles. Furthermore, the WCAB noted that even if the petition were procedurally sound, the medical evidence did not support an industrial injury for the claimed period. The Board also cited the improper attachment of exhibits to the petition as a violation of procedural rules.

WCABPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeWCJIn Pro PerLab. Code § 5902Cal. Code Regs.tit. 8§ 10846
References
8
Case No. ADJ10070672 ADJ10070673 ADJ10070674
Regular
Sep 12, 2018

JOAO GOMEZ vs. JP ELECTRIC SERVICES, INC, NEW YORK MARINE \& GENERAL INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a finding of contempt and award of fees against applicant's law firm, Gordon & Gordon. The WCAB found the original order procedurally defective, lacking proper notice and findings for contempt and sufficient documentation for the fee award. While rescinding the sanctions, the WCAB strongly admonished Gordon & Gordon for its repeated failures to appear, stating that proper procedures could have led to valid sanctions. The matter was returned to the trial level for further proceedings.

Petition for ReconsiderationContempt of CourtFee AwardProcedural DefectSubstantive DefectFailure to AppearShow Cause HearingLabor Code Section 5813SanctionsDue Process
References
8
Case No. ADJ10134260
Regular
Oct 22, 2018

JESUS SANCHEZ vs. MONARCH VALLEY FARMING, INC., ZENITH INSURANCE COMPANY

This case involves a petition for reconsideration and removal by a party seeking to challenge an interlocutory procedural order from a workers' compensation judge. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because the order was not a "final" decision determining substantive rights or liabilities. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm required for this extraordinary remedy. Therefore, the WCAB affirmed that the challenged order was merely an intermediate procedural ruling not subject to immediate appeal.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ3068203 (VNO 0400526)
Regular
Feb 15, 2012

JOSE CUSICK vs. STAR AUTOMOTIVE GROUP, CALIFORNIA INSURANCE GUARANTEE ASSOCAITION, HIH AMERICAN COMP & LIABILITY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's Petition for Reconsideration because the challenged order, which concluded a deposition, was procedural and not a final determination of substantive rights. The WCAB also denied the petition for removal, finding procedural defects including improper service on defendant's counsel and incomplete submission of evidence by the lien claimant. Furthermore, the WCAB found no abuse of discretion in ordering the deposition to continue and rejected the untimely claim of judicial bias. Ultimately, both the petition for reconsideration and removal were denied based on these grounds.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAliquidationPetition for ReconsiderationPetition for RemovalWorkers' Compensation JudgeWCJprocedural orderdeposition conclusion
References
4
Showing 1-10 of 7,789 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