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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8072993
Regular
Nov 26, 2012

VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of the applicant's earning capacity determination. The Administrative Law Judge (WCJ) found the applicant's earning capacity based on actual wages, including rent-free housing as compensation, not solely on an hourly minimum wage calculation. The WCJ emphasized that earning capacity considers various factors like age, skill, and employment opportunities, not just hours worked at minimum wage. The Board noted that minimum wage issues should be addressed in a different forum and that such adjudication could potentially lead to reopening this case within statutory timeframes.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedEarning CapacityMinimum WageApartment ManagerActual EarningsLegal Minimum WageStatutory Time FramesAdjudication
References
Case No. ADJ11076937
Regular
Apr 07, 2018

MELISSA MAZZIE vs. TORRANCE UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration, reversing the finding that the applicant was not entitled to temporary disability (TD) benefits at the stipulated rate of $1,172.57 per week. The Board found that the applicant, a salaried teacher, continued to receive her regular wages during winter and spring breaks. Therefore, her TD rate should not have been reduced, as the purpose of TD is to substitute for lost wages.

Temporary DisabilityWage LossAverage Weekly EarningsLabor Code Section 4453(c)(3)Winter BreakSpring BreakSalary DistributionSeasonal WorkerPaid Work DaysPetition for Reconsideration
References
Case No. ADJ14244909
Regular
Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration
References
Case No. ADJ9355601
Regular
Nov 02, 2016

Kimberly Mason vs. S.E.I.U. Local 721, Cypress Insurance Company

In this case, the applicant, Kimberly Mason, sustained an injury to her left upper extremity while attending a union rally. The WCJ initially ruled she was not an employee of S.E.I.U. Local 721, but the Board granted reconsideration. Applying the principles from *Jones v. Workman's Comp. Appeals Bd.*, the Board found that the applicant was rendering services for the union, and the provision of transportation, food, and water constituted compensation. Consequently, the Board rescinded the WCJ's finding and substituted a new finding that the applicant was indeed an employee of S.E.I.U. Local 721 at the time of her injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding of FactAdministrative Law JudgeEmployee StatusLabor Code Section 3351Labor Code Section 3357Jones v. Workman's Comp. Appeals Bd.Economic Substitutes for WagesUnion Rally
References
Case No. ADJ13385386
Regular
Nov 17, 2020

ABRAHAM BERNAL vs. NIAGARA BOTTLING, LLC, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the original decision regarding applicant Abraham Bernal's average weekly wage. The WCAB found the prior calculation of $\$1,383.39$ per week was erroneous as it diluted the applicant's earning capacity by using a lower hourly wage than his rate at the time of injury. The Board recalculated the average weekly wage based on actual hours worked, including overtime and holiday pay, at the applicant's established $\$27.00$ per hour rate. This resulted in an amended average weekly wage of $\$1,414.26$, increasing the temporary disability indemnity rate to $\$942.84$ per week.

ADJ13385386NIAGARA BOTTLING LLCSAFETY NATIONAL CASUALTY COMPANYVan Nuys District OfficePETITION FOR RECONSIDERATIONAVERAGE WEEKLY WAGESTEMPORARY DISABILITY INDEMNITYLABOR CODE § 4453(c)EARNING CAPACITYREGULAR WAGE
References
Case No. ADJ2292703 (LAO 0888546)
Regular
Jan 18, 2011

JOHNNY McLAURIN vs. SOUTHERN CALIFORNIA EDISON, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Award, and returned the case to the trial level for further proceedings. The Board found that the WCJ erred by relying on the treating physician's report without ensuring it was based on substantial evidence, as it did not review all relevant records. Additionally, the Board found that the issue of temporary disability and attorney's fees was improperly awarded without considering the applicant's wage continuation payments. The matter is remanded for the treating physician to review all evidence and for further proceedings regarding compensability and potential credit for wage continuation.

Cumulative traumaAOE/COEFindings and AwardPetition for ReconsiderationLabor Code sections 4060(c)4062.2substantial medical evidencetemporary total disabilityattorney's feeswage loss
References
Case No. SAC 0333584
Regular
Jan 14, 2008

ROGER FISHER vs. RYDER INTEGRATED SERVICES CORP.

The Workers' Compensation Appeals Board granted reconsideration, affirming that Roger Fisher is a qualified injured worker entitled to VRMA. However, the Board amended the award to calculate VRMA on a wage-loss basis, allowing credit for wages earned during subsequent employment in the mortgage business, distinguishing this case from *Gamble* where concurrent employment existed at the time of injury. Attorney fees were adjusted to 15% of the total adjusted VRMA amount due.

Workers Compensation Appeals BoardVocational Rehabilitation Maintenance Allowance (VRMA)Qualified Injured Worker (QIW)Temporary Disability IndemnityWage Loss BasisCredit for WagesConcurrent EmploymentSubsequent EmploymentIndustrial InjuryTruck Driver
References
Case No. ADJ12393038
Regular
Mar 07, 2023

CRISTIAN AVILA GARCIA (Deceased) SINTIA YANETH GARCIA (Guardia Ad Litem) vs. BAYVIEW ENVIRONMENTAL SERVICES INCORPORATED, GREAT DIVIDE INSURANCE COMPANY, BERKELEY ENTERTAINMENT

In this workers' compensation case, the applicant's average weekly wage (AWW) was determined based on his higher earnings during the four weeks prior to his death on a special project. The defendant sought reconsideration, arguing the AWW should have been based on his entire tenure, but the Appeals Board affirmed the original award. The Board held that AWW is calculated based on earnings "at the time of injury" to reflect earning capacity, not necessarily the entire earnings history. Therefore, the calculation using the prevailing wage during the Santa Monica project was upheld.

Workers' Compensation Appeals BoardCristan Avila GarciaSintia Yaneth GarciaBayview Environmental Services IncorporatedGreat Divide Insurance CompanyBerkeley EntertainmentAdjudication NumberFindings and AwardAverage Weekly WageTemporary Disability Indemnity
References
Case No. ADJ1329489
Regular
Sep 06, 2011

CHAVA COHEN vs. SHERIDAN ASSISTED LIVING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns vocational consultant Judie Fogel's request for reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously rescinded an order for defendants to pay Fogel $1,700.00 for "medical legal expense for issues relating to the Ogilvie case," finding her testimony deficient and thus non-recoverable costs. Fogel argued her testimony addressed more than just Ogilvie issues, including average weekly wages, and that it was not necessary for her to independently calculate wage loss. The WCAB denied reconsideration, reiterating that Fogel was retained specifically for Ogilvie issues and her testimony remained deficient, citing precedent.

Vocational consultantReconsiderationOpinion and OrderMedical legal expenseOgilvie caseWage lossAverage weekly wagesPermanent disability ratingReimbursementEn banc decisions
References
Showing 1-10 of 613 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