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. ADJ7908593
Regular
Mar 19, 2012

LA WANNA MONTGOMERY vs. REACH LEARNING ACADEMY CENTER, SOUTHERN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address a discrepancy in the applicant's average weekly wage and temporary disability rate. The defendant challenged the WCJ's calculation, highlighting a significant difference between the applicant's tax return and evidence presented at trial. The Board rescinded the WCJ's decision and returned the case for further proceedings to resolve this discrepancy, which impacts the applicant's credibility. The WCJ must have the applicant explain the differing earnings figures.

Average Weekly WageTemporary Disability RateEarnings DiscrepancyFederal Tax ReturnW-2s1099sApplicant CredibilityIndustrial InjuryFibula FractureCEO
References
2
Case No. ADJ9510116
Regular
Apr 06, 2016

SUNRISE TERRACE MOBILEHOME OWNERS ASSOCIATION vs. ICW Group/Explorer Insurance Company, Williamsburg National Insurance, Tower Select Insurance

Explorer Insurance Company sought reconsideration of a WCJ's decision awarding vocational expert costs. The parties had previously settled underlying claims for $30,000, with the C&R leaving the decision on vocational expert costs to the WCJ. Explorer argued the WCJ erred in awarding uncertain costs, failing to list all case numbers, and not awarding costs against all defendants. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level due to the unclear identification of liable carriers across the multiple case numbers and differing insurance coverage stipulations. The WCJ will need to conduct further proceedings to definitively identify liable parties and address a stipulation resolving contribution.

Vocational expert costsOrder Approving Compromise and ReleasePetition for ReconsiderationReport and RecommendationJoint and several liabilityThird-party administratorSubstantial evidenceStipulationCumulative injuryContribution
References
1
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ8061663
Regular
Feb 10, 2015

Nelson Salgado vs. Walter Weinstein, STATE FARM INSURANCE COMPANY

The Appeals Board dismissed the lien claimant's petition for reconsideration but granted removal, rescinding the WCJ's notice of intention to sanction. The Board found the WCJ prejudged the lien claimant's entitlement to payment and improperly threatened sanctions without a hearing on the merits. The matter was reassigned to a different WCJ due to the perceived bias.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantWestern Imaging ServicesSanctionsWCJAbuse of DiscretionBusiness and Professions Code 22450Prejudgment
References
2
Case No. ADJ8429633
Regular
Feb 18, 2015

MARINA SANCHEZ vs. PRUDENTIAL OVERALL SUPPLY, TRISTAR RISK MANAGEMENT SERVICES

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order for the claims adjuster to appear and explain his unavailability. The Board found the WCJ exceeded his authority by prejudging the case and ordering the appearance punitively. The matter is returned to the trial level, and the Petition for Disqualification was dismissed as moot. The case is to be heard by a different WCJ to avoid the appearance of bias.

Petition for RemovalPetition for DisqualificationWorkers' Compensation Appeals BoardWCJSanctionsThird Party AdministratorCompromise and ReleaseLien ConferenceInjury AOE/COESubstantial Evidence
References
1
Case No. SDO 313688
Regular
May 06, 2008

CRESENCIO BARRERA vs. HNR FRAMING, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded a prior decision because the administrative law judge (WCJ) failed to apply the *Kunz* standard for determining reasonable facility fees for medical services. The WCJ's decision was found to be internally inconsistent and unsupported by the evidence, particularly regarding the consideration of contractually negotiated rates and usual fees accepted by other providers. The case is remanded for further proceedings and a new decision by a different WCJ.

WCABReconsiderationFacility FeesCPT CodesReasonablenessKunz v. PattersonAmbulatory Surgery CenterMedicareOfficial Medical Fee ScheduleGeographical Area
References
1
Case No. MON 0337678 MON 0347063
Regular
Jul 20, 2007

DAN F. MARINO vs. BP AMERICA, ESIS

The Workers' Compensation Appeals Board dismissed BP America's petition for reconsideration, finding the Administrative Law Judge's (WCJ) order was conditional, not final. However, the Board granted removal, rescinded the WCJ's denial, and remanded the case. The remand is for the WCJ to determine if there is good cause to amend a stipulated award due to the applicant receiving EDD benefits under a different Social Security number, which could result in duplicate payments.

Workers' Compensation Appeals BoardBP AmericaESISPetition to Amend OrderStipulation of PartiesMutual Mistake of FactInadvertencyEmployment Development Department (EDD) benefitsSocial Security Number discrepancyExpedited Hearing
References
0
Case No. ANA 0386138
Regular
Jun 18, 2008

CECIL MORTON vs. RALPH'S, Permissibly Self-Insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant's timely petition for removal to reassign the Workers' Compensation Administrative Law Judge (WCJ) due to procedural irregularities. The Appeals Board granted the removal because the defendant was first notified of the trial judge assignment at a mandatory settlement conference and the assigned WCJ failed to follow proper procedure regarding an "Order Suspending Action" for alleged inadequacy. Consequently, the case is reassigned to a different WCJ to determine readiness for trial.

WCAB Rule 10453Petition for RemovalAutomatic ReassignmentWorkers' Compensation Administrative Law Judge (WCJ)Mandatory Settlement Conference (MSC)Order Suspending ActionAdequacyPolicy and Procedure ManualLabor Code section 5502(e)(3)Stipulations with Request for Award
References
0
Case No. ADJ6484815
Regular
Feb 10, 2010

EXWUTOSI ONYIUKE DIKE EMUEZE vs. UCLA MEDICAL CENTER; SEDGWICK UC 14533 LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision. The WCAB found that the administrative law judge (WCJ) improperly changed his credibility determinations regarding the applicant without sufficient explanation. Due to the conflicting decisions and the unavailability of the original WCJ to explain the shift in credibility findings, the case is returned to the trial level for a new trial. A different WCJ will rehear the case and issue a new decision, addressing all disputed issues, including witness credibility.

ReconsiderationCredibility DeterminationRescinded DecisionNew TrialWitness DemeanorIndustrial CausationWCJ ReportTrial LevelAppeal BoardMedical Reports
References
2
Case No. ADJ3615708 (BAK 0147668) ADJ2881957 (BAK 0147353) ADJ1664277 (BAK 0147354)
Regular
Oct 27, 2015

FRANCISCO JAVIER CASILLAS vs. SAN JOAQUIN VALLEY TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision, arguing that a key psychiatric AME report was unreliable and that the WCJ failed to address this in the opinion. The WCAB denied the reconsideration, finding that the WCJ properly relied on the reports of a different psychiatric AME, thus rendering the applicant's argument regarding the disputed report irrelevant. However, the WCAB granted reconsideration on its own motion to correct clerical errors in the original decision identified by the parties. The matter was then remanded to the WCJ to reissue a corrected decision.

California Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Awards and OrdersAgreed Medical Evaluator (AME)Dr. John StalbergDr. Carl Marusaksubstantial medical evidencepsychiatric claimspermanent disabilitylabor code section 132a
References
4
Showing 1-10 of 6,436 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