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. ADJ9134227
Regular
Dec 18, 2015

VICTOR DIAZ vs. EXXEL OUTDOORS, INC.; THE HARTFORD

The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.

WCABPetition for ReconsiderationAmended Order Dismissing CaseNotice of Intention to DismissDismissal without prejudiceDismissal with prejudiceWCJWCAB Rule 10582WCAB Rule 10780WCAB Rule 10859
References
Case No. ADJ8902882
Regular
Jan 08, 2016

Veronica Sanchez vs. TJX Companies/Marshalls of California, LLC, Zurich American Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior dismissal order. The original dismissal was issued because lien claimant Able Physical Therapy failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss. However, the WCAB found that the dismissal order erroneously dismissed the entire application, not just Able's lien, which was the scope of the notice. The WCAB also noted that Able claimed a settlement had been reached prior to the conference.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJPro PerLien ClaimantSettlementLack of Communication
References
Case No. ADJ7337820
Regular
Apr 07, 2014

JOHN BOOTY vs. NEW YORK GIANTS, PMA GROUP, Arizona Cardinals, Fairmont Premier Insurance/Zenith Insurance Company

The applicant, a professional football player, claimed cumulative industrial injury against multiple NFL teams, including the New York Giants and the Arizona Cardinals. The applicant requested to dismiss the Arizona Cardinals with prejudice. The Workers' Compensation Appeals Board granted reconsideration, amending the dismissal to be "without prejudice." This preserves the New York Giants' potential right to seek contribution from the Cardinals should they be found liable for benefits. The Board affirmed the applicant's right to choose which defendants to litigate against.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative InjuryProfessional Football PlayerNational Football LeagueJurisdictionLiabilityDate of InjuryCompromise & Release Agreement
References
Case No. ADJ3865022 (LAO 837425) ADJ1234925 (LAO 837426) ADJ4652554 (LAO 889199) ADJ4467339 (LAO 889200)
Regular
Dec 08, 2008

MANUEL VILLARREAL vs. DELUXE LABORATORIES, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board denied Defendant's petition for removal, finding no substantial prejudice or irreparable harm, and dismissed their petition for reconsideration as it was not from a final order. The Board noted that Applicant's refiling of dismissed claims was procedurally irregular and that the WCJ incorrectly denied dismissal on procedural grounds without addressing the substantive issue of good cause for relief from dismissal. The case is returned to the trial level for the WCJ to consider Defendant's contention that Applicant must show good cause to set aside the earlier dismissal order and to potentially dismiss the later-filed applications.

Petition for RemovalPetition for ReconsiderationWCJDismissal Without PrejudiceDuplicate ClaimsStatute of LimitationsLabor Code Section 5405Applications for Adjudication of ClaimNotice of Intention to DismissGood Cause to Set Aside Dismissal
References
Case No. ADJ9785760
Regular
Jan 17, 2017

MARGARITO SANDOVAL vs. RECANA, LLC, UNINSURED; NINA'S MEXICAN FOOD

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding it was improperly filed against an order that was not a final determination. The WCAB also denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted by the circumstances. The WCJ had properly vacated an order of dismissal without prejudice, retaining jurisdiction and allowing the applicant to pursue their claim. The Board found no substantial prejudice or irreparable harm to the defendant.

Petition for ReconsiderationPetition for RemovalOrder Vacating Order of DismissalDismissal without prejudicePetition for Dismissal for Lack of ProsecutionNotice of Intention to DismissLabor Code section 5410Labor Code section 5803substantial justiceextraordinary remedy
References
Case No. LAO 0806287
Regular
Dec 13, 2007

AURORA BARAJAS vs. THE MAINLAND COMPANY, INC. aka CRAZY SHIRTS, INC., ALLIANZ INSURANCE COMPANY, INDEMNITY INSURANCE COMPANY OF AMERICA Administered By ACE USA/ESIS, CENTRE INSURANCE COMPANY Administered By REM, SAFETY NATIONAL CASUALTY CORPORATION Administered By COMPLINK

The Appeals Board granted Shidu Chiropractic's petition for reconsideration and amended the Workers' Compensation Judge's (WCJ) decision. While Shidu was properly notified of the lien trial, the WCJ erred by issuing a Notice of Intention to Disallow Lien Claim instead of a Notice of Intention to Dismiss, and by dismissing the lien with prejudice. The lien is now dismissed without prejudice, acknowledging potential procedural errors by the WCJ.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissal with PrejudiceNotice of Intention to DisallowNotice of Intention to DismissCompromise and ReleaseLien TrialGood CauseWithout Prejudice
References
Case No. SAL 0113718
Regular
Mar 21, 2008

MANUEL DeLANDA vs. SODEXHO, AIGRM

The applicant sought reconsideration of a workers' compensation claim dismissed with prejudice due to repeated failures to appear at hearings and a medical evaluation. The Appeals Board granted reconsideration, amending the dismissal to be without prejudice. This decision acknowledges the applicant's lack of participation but prioritizes the public policy of disposing of cases on their merits.

Workers' Compensation Appeals BoardReconsiderationDismissal with PrejudiceDismissal without PrejudiceApplication for Adjudication of ClaimLaborerLeft Hand InjuryLeft Wrist InjuryLeft Upper Extremity InjurySequela
References
Case No. ADJ3184041 (VNO 0534760)
Regular
Jan 31, 2013

JOSE CASANOVA vs. CHARTIS/NATIONAL UNION FIRE INSURANCE, G4S SECURE SOLUTION/ THE WACKENHUT CORP.

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, overturning a prior order that declined to dismiss three lien claims. The Board found that the lien claimants had proper notice and opportunity to object to dismissal, but failed to do so. Consequently, the Board rescinded the prior order and dismissed the lien claims with prejudice. This decision clarifies that bundling lien claimants in a single Notice of Intention to Dismiss does not deny due process if proper notice is provided.

Petition for RemovalNotice of Intention to Dismiss LiensWCJLien ConferenceCompromise and ReleaseDue ProcessWCAB Rule 10770.1(h)WCAB Rule 10562(d)(1)Dismissal with PrejudiceLien Claimants
References
Case No. ADJ3951241 (MON 0358164)
Regular
Apr 22, 2013

ANGELA ALEXANDRESCU vs. WALMART STORES, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's (WCJ) order dismissing Dr. Farsar's lien. The WCJ had improperly dismissed the lien for failure to appear at a status conference without issuing a second Notice of Intention. However, the WCAB then dismissed the lien with prejudice for failing to pay the mandatory lien activation fee pursuant to Labor Code section 4903.06 before the January 14, 2013 status conference. This dismissal is effective regardless of whether a Notice of Intention was served.

Workers' Compensation Appeals BoardLien DismissalLien Activation FeeLabor Code section 4903.06Notice of Intention to Dismiss LienPetition for ReconsiderationRescission of OrderDue ProcessFailure to AppearProof of Service
References
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
Showing 1-10 of 5,740 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