Updated Daily

Case Law Database

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

Case No. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)

Regular

Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

This case concerns a worker's compensation claim for a back and spine injury sustained by Larry Shores. The Board granted reconsideration, rescinded sanctions imposed on the defendant for litigation tactics, and rescinded a penalty for delayed temporary disability payments. However, it otherwise affirmed the finding of industrial injury, awarded penalties for unreasonable delay in medical treatment, and upheld the need for ongoing medical care, including surgery.

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury

References

Case No. ADJ10330377

Regular

Jul 10, 2017

Taylor Baugh vs. Action Holdings, Inc., XL Specialty Insurance

This case concerns a defendant's petition for reconsideration regarding a 10% penalty for underpayment of temporary disability benefits. The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The penalty was adjusted to apply only to the specific amount of temporary disability that was delayed, not the entire awarded sum, in accordance with Labor Code section 5814.

Labor Code section 5814Petition for ReconsiderationTemporary DisabilityUnderpaymentPenaltyWCJWorkers' Compensation Appeals BoardFindings and AwardDecision After Reconsiderationunreasonable delay

References

Case No. ADJ10334806

Regular

May 19, 2025

MARITZA VILLATORO vs. WALLPAPER CITY LLC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration in the case of Maritza Villatoro against Wallpaper City LLC. and State Compensation Insurance Fund. Lien claimant Citywide Scanning Service, Inc. petitioned for reconsideration after a WCJ ruled it failed to prove a contested claim existed when its medical-legal services were requested. The Board rescinded the WCJ's Findings and Order, determining that a contested claim did indeed exist, evidenced by a delay letter from the State Compensation Insurance Fund and the applicant's filing of an Application for Adjudication before the lien claimant's services were provided. The matter is now returned to the trial level to address the remaining issues.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantFindings and OrderWCJContested ClaimMedical-Legal ExpenseLabor CodeSubpoena Duces TecumDelay Letter

References

Case No. ADJ2464522 (OAK 0338150)

Regular

Feb 19, 2013

CHARLES COWART vs. JACK IN THE BOX, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior award of penalties for unreasonable delay in funding an annuity. The Board found that applicant's own delay in providing necessary information was the primary cause of the annuity funding delay, thus not warranting a penalty. However, the Board affirmed a $10,000 penalty for the employer's unreasonable delay in paying applicant's attorney's fees, to be paid to the applicant, not the attorney. Attorney's fees for enforcing the compromise and release were deferred for trial level resolution.

Workers' Compensation Appeals BoardCompromise and ReleaseLabor Code section 5814PenaltyUnreasonable DelayAnnuity FundingAttorney's FeesReconsiderationFindings and AwardDecision After Reconsideration

References

Case No. ADJ8835104

Regular

Feb 21, 2023

SHERRY DULANEY vs. JOHN MUIR MEDICAL CENTER, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration to clarify that Labor Code section 5814 penalties for delayed compensation are payable to the applicant, not their attorney. The Board affirmed the WCJ's decision to award penalties due to the defendant's unreasonable delay in paying a settlement award. The issue of separate section 5814.5 fees was deferred for further consideration. The decision confirms the applicant's entitlement to penalties for late payment of compensation.

WCABPetition for ReconsiderationLabor Code section 5814penaltiesunreasonable delayattorney feesStipulation with Request for AwardAdjudication Numberpermanent disabilityindustrial injury

References

Case No. ADJ2562535 (BAK 0151733)

Regular

Jan 07, 2014

STEVE ADAMS vs. COUNTY OF KERN, Permissibly Self-Insured

The Workers' Compensation Appeals Board reversed a finding that the defendant did not unreasonably delay compensation payments. The applicant sustained an industrial injury to his pulmonary system, and medical evidence confirmed the injury was work-related. The Board found that despite the existence of an agreed medical examiner's report confirming the injury, the defendant's denial of liability persisted for an unreasonable period. Consequently, the defendant was found to have unreasonably delayed payments for temporary disability, permanent disability, and mileage reimbursement, with the penalty amount to be determined.

Industrial InjuryPulmonary SystemCode Compliance OfficerPermanent DisabilityReconsiderationLabor Code 5814Delay PenaltiesAgreed Medical ExaminerPulmonary DiseaseOccupational Asthma

References

Case No. ADJ13332737, ADJ15218980, ADJ12640295

Significant

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board imposed sanctions totaling $15,000 against attorneys Susan Garrett and Lance Garrett for filing frivolous petitions for reconsideration with the willful intent to disrupt or delay court proceedings.

Labor Code Section 5813SanctionsWillful IntentImproper MotiveIndisputably Without MeritPetitions for ReconsiderationDelay of ProceedingsReasonable ExpensesAttorney's FeesEn Banc Decision

References

Case No. ADJ2529270 (MON0205624)

Regular

Dec 17, 2010

ZOI FOVOS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT permissibly self insured c/o SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that found an award was paid timely without penalties. Applicant contended the defendant failed to include interest with the award payment, entitling them to penalties and attorney fees. The Board found the WCJ's decision failed to address the timeliness of interest payment and the applicability of penalties under Labor Code sections 5814 and 5814.5. The case is returned to the WCJ for further proceedings and a new decision regarding potential penalties and attorney fees for the delayed interest payment.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardPenaltyAttorney's FeeInterest on AwardLabor Code Section 4650Labor Code Section 5814Labor Code Section 5814.5

References

Case No. ADJ10841110

Regular

Apr 28, 2025

RODRIGO PORTILLO vs. TALTECH CONSTRUCTION INC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted lien claimant Physical Rehabilitation Services' petition for reconsideration regarding a WCJ's decision that found Rodrigo Portillo's employment was not established and that defendant Taltech Construction Inc. and State Compensation Insurance Fund were not liable for treatment costs. The lien claimant argued error in applying Labor Code section 5402 regarding a defective denial letter. The Board's decision is not a final order on the merits but defers a final decision pending further review of the factual and legal issues.

Lien claimantPetition for ReconsiderationLabor Code section 5402delay periodemployment statusdenial letterdefectstatute of limitationstransmission of caseEAMS

References

Case No. ADJ8890109 ADJ8890125

Regular

Jan 09, 2017

ELIZABETH BURGOS vs. IMAGEFIRST HEALTHCARE LAUNDRY SPECIALIST; TRAVELERS

The applicant sought removal from a Workers' Compensation Appeals Board decision finding no denial of care. The applicant argued a 43-day delay in authorizing a change to a new treating physician within the defendant's MPN constituted denial of care. The Board denied removal, finding the applicant did not prove denial of care, as there was no evidence of inability to obtain treatment or refusal by the defendant. Furthermore, the applicant's requested change of physician occurred after the initial 30-day window, thus not falling under Labor Code section 4601(a).

Workers' Compensation Appeals BoardPetition for RemovalJoint Findings and AwardStipulations with Request for AwardPrimary Treating Physician (PTP)Medical Provider Network (MPN)Denial of CareLabor Code section 4601(a)Labor Code section 4600Cal. Code Regs.

References

Showing 1-10 of 977 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. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)

Regular

Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury

References

Case No. ADJ10330377

Regular

Jul 10, 2017

Taylor Baugh vs. Action Holdings, Inc., XL Specialty Insurance

Labor Code section 5814Petition for ReconsiderationTemporary DisabilityUnderpaymentPenaltyWCJWorkers' Compensation Appeals BoardFindings and AwardDecision After Reconsiderationunreasonable delay

References

Case No. ADJ10334806

Regular

May 19, 2025

MARITZA VILLATORO vs. WALLPAPER CITY LLC., STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardReconsiderationLien ClaimantFindings and OrderWCJContested ClaimMedical-Legal ExpenseLabor CodeSubpoena Duces TecumDelay Letter

References

Case No. ADJ2464522 (OAK 0338150)

Regular

Feb 19, 2013

CHARLES COWART vs. JACK IN THE BOX, INC.

Workers' Compensation Appeals BoardCompromise and ReleaseLabor Code section 5814PenaltyUnreasonable DelayAnnuity FundingAttorney's FeesReconsiderationFindings and AwardDecision After Reconsideration

References

Case No. ADJ8835104

Regular

Feb 21, 2023

SHERRY DULANEY vs. JOHN MUIR MEDICAL CENTER, SAFETY NATIONAL CASUALTY COMPANY

WCABPetition for ReconsiderationLabor Code section 5814penaltiesunreasonable delayattorney feesStipulation with Request for AwardAdjudication Numberpermanent disabilityindustrial injury

References

Case No. ADJ2562535 (BAK 0151733)

Regular

Jan 07, 2014

STEVE ADAMS vs. COUNTY OF KERN, Permissibly Self-Insured

Industrial InjuryPulmonary SystemCode Compliance OfficerPermanent DisabilityReconsiderationLabor Code 5814Delay PenaltiesAgreed Medical ExaminerPulmonary DiseaseOccupational Asthma

References

Case No. ADJ13332737, ADJ15218980, ADJ12640295

Significant

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

Labor Code Section 5813SanctionsWillful IntentImproper MotiveIndisputably Without MeritPetitions for ReconsiderationDelay of ProceedingsReasonable ExpensesAttorney's FeesEn Banc Decision

References

Case No. ADJ2529270 (MON0205624)

Regular

Dec 17, 2010

ZOI FOVOS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT permissibly self insured c/o SEDGWICK CLAIMS MANAGEMENT SERVICES

Workers Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardPenaltyAttorney's FeeInterest on AwardLabor Code Section 4650Labor Code Section 5814Labor Code Section 5814.5

References

Case No. ADJ10841110

Regular

Apr 28, 2025

RODRIGO PORTILLO vs. TALTECH CONSTRUCTION INC, STATE COMPENSATION INSURANCE FUND

Lien claimantPetition for ReconsiderationLabor Code section 5402delay periodemployment statusdenial letterdefectstatute of limitationstransmission of caseEAMS

References

Case No. ADJ8890109 ADJ8890125

Regular

Jan 09, 2017

ELIZABETH BURGOS vs. IMAGEFIRST HEALTHCARE LAUNDRY SPECIALIST; TRAVELERS

References

Showing 1-10 of 977 results

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