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. ADJ2275429 (VNO 0463950)
Regular
Mar 05, 2025

VINCENT DOWNEY vs. TECHNICOLOR, INC.; PACIFIC EMPLOYERS INSURANCE COMPANY; TECHNICOLOR FILM SERVICES; FEDERAL INSURANCE COMPANY; DELUXE LABORATORIES; LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration as successive, finding it reiterated previously raised issues without presenting new evidence. Additionally, the Board dismissed the lien claimant's Petition for Disqualification against the Workers' Compensation Judge, citing untimeliness and a lack of sufficient factual allegations to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. The decision emphasizes that prior adverse rulings or expressions of opinion based on evidence do not constitute bias for disqualification.

WCABPetition for ReconsiderationPetition for DisqualificationLien ClaimantLabor Code section 5909EAMSWCJ ReportCode of Civil Procedure section 641WCAB Rule 10960Successive Petition
References
19
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ10295228
Regular
Oct 05, 2017

JEANETTA McCURINE vs. ON TIME STAFFING, TRAVELERS INSURANCE COMPANY

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board finding that the applicant's average weekly earnings were $465.40. The defendant argued this finding lacked substantial evidence and that alternative Labor Code sections should apply for calculating average weekly earnings. The Board denied reconsideration, finding the administrative law judge properly applied Labor Code section 4453(c)(1) based on the evidence presented and the applicant's employment history. The defendant failed to present evidence demonstrating that other sections of 4453(c) were more appropriate or that the applicant's earnings were irregular.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAverage Weekly EarningsIndustrial InjuryLumbar SpineCustomer Service RepresentativeLabor Code § 4453(c)Earning CapacitySubstantial Evidence
References
4
Case No. ADJ18267667
Regular
Apr 14, 2025

ANA ORDAZ DE AMAYA vs. INTERSTATE MEAT CO., INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a Petition for Disqualification against WCJ Tammy Homen, upholding her report. The Board found the petition lacked specific factual allegations required by Labor Code section 5311 and Code of Civil Procedure section 641. It emphasized that a WCJ's opinions or rulings, made in official duties and based on evidence, do not establish bias for disqualification. The WCJ's report indicated the petitioner's attorney, Albert Andrew Navarra, objected to an in-person appearance rather than demonstrating grounds for disqualification.

Petition for DisqualificationLabor Code section 5311Code of Civil Procedure section 641Workers' Compensation Appeals Board Rule 10960WCJbiasenmityunqualified opinionaffidavitdeclaration under penalty of perjury
References
11
Case No. ADJ14178627
Regular
Feb 15, 2023

ELISANDRO CAMPOS vs. PRODESSE PROPERTY GROUP, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied applicant Elisandro Campos's petition to disqualify the Workers' Compensation Judge (WCJ). The Board found that the petition lacked specific facts, under penalty of perjury, to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. Legal precedent dictates that conclusory allegations or subjective perceptions of bias are insufficient, and judicial expressions of opinion based on evidence do not constitute grounds for disqualification. The Board also admonished the applicant for filing duplicative and potentially frivolous pleadings.

Workers' Compensation Appeals BoardPetition for DisqualificationWCJdisqualification groundsCode of Civil Procedure section 641unqualified opinionbiasenmityWCAB Rule 10960affidavit
References
8
Case No. ADJ15605011 ADJ16563992
Regular
Sep 02, 2025

ATEFA SAMADI vs. AMAZON

The applicant, Atefa Samadi, filed a Petition for Disqualification against the WCJ following an expedited hearing. The Appeals Board reviewed the petition and the WCJ's Report and Recommendation. The Board adopted the WCJ's report and denied the petition on the merits, citing Labor Code section 5311 and Code of Civil Procedure section 641, which govern the grounds for disqualification. The WCAB found that the petition did not present sufficient facts to establish disqualification, and a judge's expressions of opinion or erroneous rulings in the discharge of official duties are not evidence of bias. The WCJ's report detailed past hearings where the applicant exhibited disruptive behavior and the WCJ's attempts to ensure due process while managing complex issues.

Petition for DisqualificationLabor Code section 5311Code of Civil Procedure section 641WCJ biasunqualified opinionenmitybiasWCAB Rule 10960affidavitdeclaration
References
14
Case No. MISSING
Regular Panel Decision

In Re Lyondell Chemical Co.

Mrs. Regina Jahnke sought administrative expense status under Bankruptcy Code Section 1114 for payments due under a prepetition private annuity contract from Lyondell Chemical Company, the successor to her late husband's employer, ARCO Chemical Company. Lyondell contended that the contract was not covered by Section 1114, arguing that the payments were general unsecured claims. The Court, presided over by Bankruptcy Judge Robert E. Gerber, agreed with Lyondell. The Court found that the contract did not qualify as a "plan, fund, or program" under ERISA standards, and furthermore, the benefits were not "retiree benefits" as defined in Section 1114(a). Therefore, Mrs. Jahnke's motion for administrative status was denied, and her claim remained a general unsecured claim.

BankruptcyAdministrative Expense StatusRetiree BenefitsAnnuity ContractEmployee Retirement Income Security Act (ERISA)Chapter 11Unsecured ClaimsContract LawCorporate SuccessionJudicial Interpretation
References
17
Case No. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
7
Case No. ADJ717785 (MON 0357270) ADJ2210479 (MON 0357271) ADJ4156131 (MON 0357272) ADJ2088727 (MON 0357273)
Regular
Oct 12, 2009

GABRIELA MEDINA vs. INNOVATIVE FACILITY SERVICES, GALLAGHER BASSETT ELK GROVE

The Appeals Board granted reconsideration, rescinded the WCJ's decision of July 27, 2009, and returned the matter for further proceedings due to insufficient evidence on applicant's termination date, impacting the application of Labor Code section 3600(a)(10). The Board also noted the need for evidence regarding employer liability under Labor Code section 5402(c).

Workers' Compensation Appeals BoardGabriela MedinaInnovative Facility ServicesGallagher Bassett Elk GroveLien ClaimantArthur Malkin D.C.Joint Findings and OrderLabor Code Section 3600(a)(10)Post-Termination FilingsWCJ
References
0
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Showing 1-10 of 14,326 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