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. ADJ7281695
Regular
Feb 02, 2017

MARIA COSME HERNANDEZ vs. CARDENAS MARKET, INC., PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the WCJ's finding that the applicant was not a credible witness, giving great weight to the WCJ's observation of her demeanor. The Board also found no substantial evidence to overturn the credibility determination and noted the applicant's failure to meet her burden of proof by a preponderance of the evidence. Furthermore, any objection to the admissibility of defendant's Exhibit A was deemed waived due to the lack of objection at trial.

Petition for ReconsiderationCredibility DeterminationDemeanor on the StandSubstantiality of EvidenceBurden of ProofPreponderance of EvidenceIndustrial InjuryAdmissibility of EvidenceWaived ObjectionWorkers' Compensation Appeals Board
References
Case No. ADJ7620386, ADJ7979192
Regular

OMAR ZARAZUA vs. INTERNATIONAL DISTRIBUTORS, PACIFIC COMPENSATION INSURANCE COMPANY, ET AL.

This case involved a Petition for Reconsideration filed by an individual who lacked standing. The Workers' Compensation Appeals Board dismissed the petition, adopting the administrative law judge's report. The Board emphasized that filing a petition without standing is a frivolous act. Consequently, the petition for reconsideration was formally dismissed.

StandingStranger to the casePetition for ReconsiderationDismissedFrivolous actSanctionsWorkers' Compensation Appeals BoardApplicantDefendantAdministrative Law Judge
References
Case No. ADJ9309648
Regular
Oct 01, 2014

MARCELA GUTIERREZ vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied Marcela Gutierrez's Petition for Removal in her case against the County of San Bernardino. The Board found no substantial prejudice or irreparable harm to warrant this extraordinary remedy. Therefore, the prior decision of the workers' compensation administrative law judge stands, with the Board adopting the judge's comments on standing.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable InjuryWCJ ReportStandingExtraordinary RemedyRecord ReviewSelf-Insured
References
Case No. EUR 35797
Regular
Sep 04, 2007

LUCILLE PANTLIK vs. TOGO'S EATERY, ALISTAR

Dr. Glenn Hakanson, the applicant's former treating physician, sought reconsideration of the dismissal of Lucille Pantlik's workers' compensation case. The Appeals Board dismissed Dr. Hakanson's petition because he lacked standing, as he was neither a party nor a lien claimant. While the dismissal stands, the Board noted Dr. Hakanson might still be able to file a lien for services rendered, subject to statutory time limitations.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalStandingLabor Code Section 5900Primary Treating PhysicianLien ClaimantQualified Medical EvaluationDeclaration of ReadinessMandatory Settlement Conference
References
Case No. ADJ330307 (SBR 0293126) ADJ 1815409 (POM 0273315) ADJ 1718372 (POM 0273000)
Regular
Dec 23, 2016

JULIA SERRANO vs. OCEAN BEAUTY SEAFOODS, INC.

The Appeals Board granted reconsideration of a decision that denied CIGA standing to seek reimbursement from Alaska National Insurance Company. CIGA argued it had standing to recover payments for non-covered claims and that previous rulings did not bar its petition. The Board rescinded the prior order, holding that CIGA's petition is analogous to a medical lien and that Alaska National remains responsible for claims even after a Compromise and Release if subsequent injuries contributed to the need for treatment. The matter was returned for further proceedings to determine if CIGA can prove its entitlement to reimbursement.

CIGAstandingpetition for reimbursementinsolvent insurercovered claimsjoint and several liabilitycumulative injurymedical treatmenttemporary disability indemnityCompromise and Release
References
Case No. ADJ4698232 (RIV 0076516)
Regular
Jun 21, 2010

GUILLERMO CANAS vs. STATE OF CALIFORNIA; SCIF STATE EMPLOYEES RIVERSIDE

This case concerns the California Insurance Guarantee Association's (CIGA) right to file an application on behalf of an injured worker, Guillermo Canas, against the State of California. The defendant, SCIF, argued CIGA lacked standing, and its claim was barred by laches and the statute of limitations. The Workers' Compensation Appeals Board (WCAB) affirmed its prior decision, holding CIGA is a "party in interest" with standing to file. The WCAB found CIGA's application was not barred by the statute of limitations as it was filed within the statutory period. Finally, the WCAB clarified that legal issues, like those concerning uninsured state agencies, not raised at trial are waived and premature to consider.

Workers' Compensation Appeals BoardSCIFCIGAstandinglachesstatute of limitationsreconsiderationparty in interestcumulative traumaLabor Code section 5501
References
Case No. ADJ820875 (MON 0251000) ADJ4467494 (MON 0156338) ADJ1266959 (LAO 0791769) ADJ1310086 (MON 0252336) ADJ2298144 (MON 0252337) ADJ4041333 (MON 0252338)
Regular
Mar 04, 2020

FEREZ, Gabriel vs. DILLINGHAM/ SADELMI; AIG INSURANCE; VALVERDE CONSTRUCTION; CIGA; MARMELLOTTO; VALLEY CEST; ACE INSURANCE, administered by ESIS

This case involves a lien claimant, Elena Konstat Ph.D., whose request to proceed with a lien on multiple workers' compensation claims was taken off calendar by the Administrative Law Judge (ALJ). The Workers' Compensation Appeals Board (WCAB) granted removal because the ALJ's order erroneously stated the lien claimant lacked standing without a proper adjudication. While affirming the order to take the matter off calendar, the WCAB amended the order to remove the problematic language regarding standing, clarifying that the lien claimant's claim has not been decided on its merits. The matter was removed from the calendar to allow proper service and procedural steps for another lien claimant, Precision Pharmacy, before any further lien conferences or trials.

Workers' Compensation Appeals BoardPetition for RemovalLien ClaimantWCJOff CalendarStandingLabor Code §4903.8(d)Joint Compromise and ReleaseSettlement AgreementDeclaration of Readiness to Proceed
References
Case No. ADJ4698232
Regular
Nov 03, 2009

GUILLERMO CANAS vs. STATE OF CALIFORNIA, SCIF STATE EMPLOYEES RIVERSIDE

CIGA's petition for reconsideration is granted. The WCJ's findings on standing, laches, and statute of limitations are reversed. The matter is returned to the trial level for further proceedings.

CIGAStandingLachesStatute of LimitationsCumulative TraumaIndustrial InjuryReconsiderationWorkers' Compensation Appeals BoardLegally UninsuredInsured
References
Case No. ADJ2137779 (LAO 0846312)
Regular
Jan 21, 2015

ANTONIO ENRIQUEZ vs. WILLIES PAINTING, STATE COMPENSATION INSURANCE FUND

A lien claimant sought removal of this workers' compensation case, challenging the legal standing of parties involved in the disbursement of attorney fees from a settlement. The Workers' Compensation Judge (WCJ) intends to address these standing issues at a future pre-trial conference. The Appeals Board found no basis for removal, as it is an extraordinary remedy not warranted by the circumstances, and dismissed the petition. The Board also denied a request to supplement the petition and admonished the lien claimant regarding page limitations.

Petition for RemovalLien ClaimantAttorney FeesTrust AccountLegal StandingDisbursementDiscovery TrialPre-trial ConferenceWCJ RecommendationExtraordinary Remedy
References
Case No. ADJ8957075
Regular
Nov 09, 2015

JUAN CARLOS HERNANDEZ vs. EARTH TEXTILE DEVELOPMENT, LLC

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because he lacked standing. The applicant was not a "person aggrieved" by the disallowance of a lien claimant's reimbursement, as he had settled his claim and had no direct or indirect financial interest in the lien. Therefore, the applicant could not appeal the decision regarding the lien claimant's medical treatment expenses.

Propria personaPetition for ReconsiderationDisallowed LienGarfield Health Care Center Medical GroupACOEM GuidelinesCompromise and Release AgreementAggrievedLabor Code Section 5900Lien ClaimantSelf-Procured Medical Treatment
References
Showing 1-10 of 229 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