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. ADJ3254428 (SRO 0136801) ADJ1661194 (SRO 0139193) ADJ7923965
Regular
May 14, 2012

WENDY O'SULLIVAN vs. RADNET/DIS, EVEREST NATIONAL INSURANCE COMPANY, Administered By AMERICAN COMMERCIAL, GOODWILL OF THE REDWOOD EMPIRE, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

In O'Sullivan v. Radnet/DIS, et al., the Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both the applicant and defendant. The Board found it necessary to grant reconsideration to allow for further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and enable a just and reasoned decision. All future filings in this matter are ordered to be submitted in writing to the WCAB Commissioners' office, not to district offices or via e-filing.

Workers' Compensation Appeals BoardPetitions for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan FranciscoElectronic Adjudication Management System
References
Case No. ADJ7999219
Regular
Feb 23, 2012

Tracy Peters vs. CITY OF SEBASTOPOL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a prior decision finding an applicant sustained an industrial injury to her right shoulder resulting in 8% permanent disability and awarded permanent disability indemnity and future medical treatment. The defendant employer sought a 15% decrease in permanent disability indemnity under Labor Code § 4658(d), arguing they offered the applicant regular work within the statutory timeframe. The Board, relying on *City of Sebastopol v. Workers' Comp. Appeals Bd. (Braga)*, held that the 15% reduction is not applicable when the employee has not lost any work time and continues in their regular employment. This is because the legislative purpose of § 4658(d) is to incentivize employers to facilitate a return to work, a purpose not served when the employee never left their job.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability IndemnityLabor Code § 4658(d)Return to Work IncentivesCity of Sebastopol v. Workers' Comp. Appeals Bd. (Braga)Modified WorkAlternative WorkStipulations with Request for Award
References
Case No. ADJ7702084
Regular
Jan 23, 2012

WILLIAM BRAGA vs. CITY OF SEBASTOPOL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This case concerns whether the City of Sebastopol is entitled to a 15% reduction in permanent disability payments to William Braga, a fire captain who sustained hearing loss. The defendant argues this reduction is permissible under Labor Code section 4658(d)(3)(A) because they offered Braga regular work. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding the statute inapplicable because Braga lost no time from work and continued his regular duties. The WCAB reasoned that Labor Code section 4658(d) is intended to incentivize employers to return injured workers to employment, a purpose not served when the employee never stopped working.

Workers Compensation Appeals BoardCity of SebastopolRedwood Empire Municipal Insurance FundFindings and AwardPetition for ReconsiderationFire CaptainCumulative PeriodHearing LossPermanent DisabilityScheduled Rate
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ1139787 (SRO 0139011) ADJ1497360 (SRO 0140505)
Regular
Apr 26, 2013

DANETTE ELLSWORTH vs. SANTA ROSA CITY SCHOOLS, REDWOOD EMPIRE SCHOOLS INSURANCE GROUP

In this case, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ). Crucially, the WCAB gave "great weight" to the WCJ's credibility findings, a standard established in *Garza v. Workers' Comp. Appeals Bd.* The Board also considered supplemental pleadings before issuing its final denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJGarza v. Workers' Comp. Appeals Bd.Cal. Code Regs.tit. 8§ 10848Order Denying Reconsiderationcredibility finding
References
Case No. ADJ8964866
Regular
Sep 16, 2013

LEON MACDONALD (Deceased), CATHY MACDONALD (Widow), CHAD MACDONALD (Son), RYAN MACDONALD (Son) vs. CITY OF SAN RAFAEL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The Workers' Compensation Appeals Board denied the sons' petition for reconsideration regarding death benefits. The Board found that student loan payments made by the decedent for his sons' education, incurred and repaid years prior to his death, did not constitute financial support. Therefore, the sons were not considered partial dependents at the time of injury. One Commissioner dissented, arguing the sons relied on their father's contributions for their accustomed standard of living.

Partial dependentsDeath benefitsStudent loansLabor Code section 4702(a)(2)Cumulative traumaCancerFire captainCity of San RafaelRedwood Empire Municipal Insurance FundOffer of proof
References
Case No. OAK 0329422
Regular
Jun 30, 2008

RAFAEL PEREZ vs. AMERICAN EMPIRE BUILDING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a previous decision in the case of Rafael Perez v. American Empire Building and Liberty Mutual Insurance. The WCAB rescinded the original decision and returned the matter to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge. This action indicates the prior decision was not finalized and the case will undergo further review.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsAdministrative Law JudgeApplicantDefendantsLiberty Mutual Insurance
References
Case No. ADJ150109 (BAK 0152601) ADJ3906549 (BAK 0152600)
Regular
Jan 11, 2011

VIRGINIA PALMER vs. GOLDEN EMPIRE TRANSIT DISTRICT

This case involved Virginia Palmer, the applicant, and Golden Empire Transit District, the defendant. The Workers' Compensation Appeals Board (WCAB) reviewed a petition for reconsideration. The WCAB denied the petition for reconsideration, adopting the findings of the workers' compensation administrative law judge. Therefore, the applicant's request to overturn a previous decision was unsuccessful.

Workers' Compensation Appeals BoardGolden Empire Transit DistrictPermissibly Self-InsuredDenying ReconsiderationWorkers' Compensation Administrative Law JudgePetition for ReconsiderationReport of WCJAdopt and IncorporateDenial of ReconsiderationHanna Brophy
References
Case No. ADJ6542364
Regular
Sep 21, 2009

Denise Patterson Crumrine vs. SISKIYOU HOSPITAL INC., BERSHIRE HATHAWAY PASADENA, State Compensation Insurance Fund, Redwood Fire and Casualty Insurance Company

The Workers' Compensation Appeals Board granted reconsideration to State Fund. While affirming the joinder of State Fund as a party defendant, the Board rescinded the prior order requiring State Fund to reimburse Redwood Fire and Casualty Insurance Company for 25.48% of applicant benefits. This rescission was based on State Fund's due process rights, which were violated by the lack of opportunity for discovery and defense. The case is returned to the trial level for further proceedings consistent with due process and relevant Labor Code sections.

State FundRedwood Fire and CasualtyPetition for ReconsiderationOrder Joining Party DefendantDue ProcessDiscoveryContributionReimbursementJoinderWCJ
References
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
Showing 1-10 of 167 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