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. ADJ4552593 (MON 0258406)
Regular
Mar 26, 2012

KIMBERLY DENOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA on behalf of FREMONT INSURANCE COMPANY in liquidation, as administered by CAMBRIDGE INTERGRATED SERVICES

This case concerns an applicant's due process claim regarding the denial of an expedited hearing for temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the administrative law judge (WCJ) improperly removed the issue from the expedited hearing track. The WCAB held that the need for record development on permanent disability did not preclude an expedited hearing for temporary disability, which had been pending for over ten years. The Board rescinded the WCJ's order and returned the case for an expedited hearing.

Petition for RemovalExpedited HearingTemporary Disability IndemnityWCABWCJPWCJDue ProcessLabor Code Section 5502(b)Rule 10252(c)Permanent Disability
References
0
Case No. ADJ1122368 (SJO 0223390)
Regular
Mar 24, 2015

MINH LY vs. LORAL SPACE SYSTEMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY, in liquidation

The Appeals Board granted removal and rescinded the WCJ's order taking the case off calendar, holding that the applicant is entitled to an expedited hearing regarding the denial of Lyrica prescription refills. The WCJ erred by prematurely determining that utilization review (UR) was timely and jurisdictionally barred further proceedings, without allowing evidence and a hearing. The Board emphasized that the applicant has a right to an expedited hearing to contest UR decisions, challenge their applicability, or present evidence of changed circumstances. The case was returned to the trial level for an expedited hearing and a new decision based on the record.

Utilization ReviewIndependent Medical ReviewPetition for RemovalExpedited HearingOrder Taking Case Off CalendarPrescription MedicationLyricaDue ProcessLabor Code Section 5310Dubon II
References
10
Case No. ADJ7989442
Regular
Sep 18, 2015

KATH WALKER vs. GALICHON MACINNES, STATE FARM INSURANCE COMPANY

This case concerns an applicant seeking removal from an order delaying an expedited hearing on temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the applicant would suffer significant prejudice from the delay, especially given her two-year period of temporary total disability and lack of benefits. The WCAB rescinded the prior order, mandating an expedited hearing on temporary disability in the accepted case. This decision emphasizes the urgent nature of temporary disability claims and the inappropriable of delaying them for settlement conferences when benefits are overdue.

Petition for RemovalExpedited HearingTemporary DisabilityMandatory Settlement ConferenceIndustrial InjuryApportionmentIrreparable HarmLabor Code Section 5502(b)(4)Total Temporary DisabilityContribution Action
References
8
Case No. ADJ9157742
Regular
Oct 23, 2015

ALBERT JEMES vs. GENERAL SECURITIES SERVICES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order for trial briefs and submission. The WCJ improperly denied the defendant's right to present exhibits and witness testimony at an expedited hearing on the Medical Provider Network (MPN) issue. This denial constituted a violation of due process and fair hearing rights, causing significant prejudice. The case is returned to the WCJ for further proceedings and a new expedited hearing where evidence can be presented.

References
0
Case No. ADJ7523380
Regular
Jul 17, 2015

SALVADOR ULLOA vs. PRAXAIR, INC.

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order taking the case off the expedited hearing calendar. The Board found that a dispute over medical treatment for a serious injury, despite a disputed psychiatric component, warrants expedited review. While a complexity may necessitate redesignation as a Mandatory Settlement Conference, the OTOC itself caused substantial prejudice due to delays in crucial psychiatric treatment. The matter is returned to the WCJ to be reset on the expedited hearing calendar.

RemovalOrder Taking Off CalendarExpedited HearingMandatory Settlement ConferenceDisputed Body PartMedical TreatmentPsychiatric ConditionSerious InjuryUpper ExtremitiesAOE/COE Dispute
References
2
Case No. ADJ12080707
Regular
Sep 04, 2019

MICHAEL OLAGUE vs. CITY SECURITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY

The Appeals Board granted applicant's petition for removal, rescinding the trial judge's order to take the case off calendar. The applicant requested additional Qualified Medical Evaluator (QME) panels, but the judge deferred this due to pending AOE/COE issues and an initial QME exam being set. The Board found that Labor Code section 5502 mandates an expedited hearing for disputes involving medical-legal examinations, entitling the applicant to a hearing on the request for additional panels. The case is returned to the trial level for further proceedings, potentially including placement back on the expedited hearing calendar.

Petition for RemovalExpedited HearingAOE/COEInitial Physical AggressorQualified Medical Evaluator (QME)PQME panelsMedical-legal evaluationLabor Code Section 5502Off-calendarRescind Order
References
0
Case No. ADJ1745994 (LAO 0863856)
Regular
Jul 29, 2015

VLADIMIR KIRAKOSYAN vs. QUALITY SECURITY SERVICE, INC., STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of a procedural order memorializing stipulations that took an expedited hearing off calendar. The stipulations involved authorizing medical consultations, with the defendant claiming the applicant's counsel omitted a material fact. The Appeals Board dismissed the petition for reconsideration as it was not filed from a final order. Furthermore, the petition for removal was denied, as the defendant failed to demonstrate significant prejudice or irreparable harm, and a unilateral mistake is not sufficient grounds to set aside stipulations.

Petition for ReconsiderationPetition for RemovalMinutes of HearingStipulationsDeclaration of Readiness to ProceedNon-final orderFinal orderSubstantive rightsLiabilitiesThreshold issue
References
11
Case No. ADJ8132422
Regular
Dec 14, 2015

JIM MARSHMAN vs. CRANE CONSTRUCTION COMPANY, LLC, TRAVELERS PROPERTY CAUSAULTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding the WCJ's order to take the matter off calendar. This order had prevented the applicant from a timely hearing on his temporary disability claim pending a QME deposition. The Board found that the applicant would suffer significant prejudice by not being heard promptly. The matter was returned to the WCJ to schedule a continued expedited hearing at least 30 days after the QME's deposition.

Petition for RemovalExpedited HearingQualified Medical Evaluator (QME)Off Calendar OrderTemporary DisabilityDue ProcessFurther Development of RecordRescinded OrderIrreparable HarmSignificant Prejudice
References
0
Case No. ADJ7280681
Regular
Dec 10, 2010

HECTOR SALDANA vs. CHEVRON PRODUCTS COMPANY, CHEVRON CORPORATION

This case involves Chevron's petition for reconsideration and removal regarding an order taking an expedited hearing off calendar. Chevron argued the WCJ lacked authority to remove the hearing without applicant's agreement on self-procured medical treatment costs. The Appeals Board dismissed the petition for reconsideration, finding the order was not final. The petition for removal was denied based on the WCJ's report.

Workers' Compensation Appeals BoardReconsiderationRemovalExpedited HearingMedical Provider Network (MPN)Self-Procured TreatmentFinal OrderWCJLabor Code section 5900Substantive Rights
References
3
Case No. ADJ4707980 (VNO 0543260) ADJ3907003 (VNO 0543258) ADJ7500629
Regular
Apr 05, 2012

RAMON SALAZAR vs. CONSOLIDATED DISPOSAL SERVICE, ACE USA Administered By CANNON COCHRAN MANAGEMENT SERVICES INC.

The Appeals Board granted removal, rescinding the WCJ's order for a sanctions hearing and the appearance of the defendant's claims examiner. While acknowledging the duty to disclose evidence before a trial, the Board found no authority requiring pre-expedited hearing disclosure of sub rosa films, thus negating grounds for sanctions. The Board also determined an affidavit from the claims examiner would suffice, making her live appearance unnecessary. The order for the sub rosa films to be sent to the Agreed Medical Examiner was affirmed.

sub rosa filmsexpedited hearingsanctionsPetition for RemovalAgreed Medical Examinertemporary disability indemnitymedical treatmentclaims examineraffidavitLabor Code section 5813
References
4
Showing 1-10 of 24,906 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