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. ADJ1517004 (SFO 0507766) ADJ2067388 (SFO 0503520)
Regular
Dec 01, 2009

DEIDRA EVANS vs. ANTAMEX AND ZURICH NORTH AMERICA

The WCAB denied defendant's petition for reconsideration of a decision awarding applicant temporary disability indemnity for two separate injuries. The board clarified that the 104-week limitation on payments applies separately to each injury, with credit given for overlapping periods.

Workers' Compensation Appeals BoardDeidra EvansAntamexZurich North AmericaADJ1517004ADJ2067388Petition for ReconsiderationFindings Award and OrderWorkers' Compensation Judgeindustrial injury
References
Case No. ADJ10082337
Regular
Feb 13, 2017

RUPERTO HERNANDEZ vs. OC HOME BUILDERS, STATE COMPENSATION INSURANCE FUND

This case involved a construction worker who sustained an industrial injury to his left forearm but not his cervical spine, as initially determined by the administrative law judge. The Workers' Compensation Appeals Board granted reconsideration, amending the decision to award temporary disability benefits from the date of injury to October 8, 2015. The Board clarified that temporary partial disability payments are wage-loss based even if the applicant worked during their healing period. The finding of no industrial injury to the cervical spine was affirmed based on a lack of consistent medical reporting of neck complaints.

Petition for ReconsiderationIndustrial InjuryLeft Forearm InjuryCervical Spine InjuryTemporary DisabilityPermanent DisabilityAgreed Medical EvaluatorPrimary Treating PhysicianSubstantial EvidenceWage Loss
References
Case No. ADJ10307625; ADJ10307786
Regular
Aug 20, 2018

RENEE SKELTON vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a denial for temporary disability indemnity for time lost attending medical appointments. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, amending the original decision. The WCAB found the applicant is entitled to temporary disability indemnity for wage loss incurred while attending medical-legal examinations, as per Labor Code section 4600(e)(1). However, the WCAB affirmed the denial of temporary disability for time lost attending treatment appointments after returning to work. A dissenting opinion argued for entitlement to temporary disability for attending treatment appointments during the healing period, even after returning to work.

Workers' Compensation Appeals BoardTemporary Disability IndemnityPetition for ReconsiderationFindings and OrderIndustrial InjuryReturn-to-WorkMedical Treatment AppointmentsMedical-Legal ExaminationsPanel QMEWage Loss
References
Case No. ADJ2255696 (VNO 0497652)
Regular
May 15, 2009

TATIANA ZAKIANS vs. BLOOMINGDALES

Lien claimant Sam Alaiti, M.D., sought reconsideration of a WCJ's order reducing his lien by over $80\%$. The WCJ recommended granting reconsideration, noting procedural issues with the petition's timely attention by the judge. The Appeals Board found the petition timely filed, but it did not come to their attention until after the statutory reconsideration period had passed. Citing due process principles, the Board held the reconsideration period begins upon their actual notice. Therefore, the Board granted reconsideration, rescinded the prior order, and returned the matter to the trial level for further proceedings.

Lien claimantPetition for ReconsiderationOrder Reducing LienOrder to Pay Lienworkers' compensation administrative law judgeEAMSFileNetstatutory time periodAppeals Boarddue process
References
Case No. ADJ8464782
Regular
Oct 23, 2017

JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained an industrial injury of chronic myelogenous leukemia (CML). The defendant argued the judge erred by not considering an internist's opinion on CML latency and by not allowing further expert development. However, the Board found these arguments premature, as the specific issue of the date of injury or liability period, which would implicate the defendant's coverage dates, had not yet been decided. Therefore, the defendant was not aggrieved by the judge's initial ruling on the existence of industrial injury.

Chronic myelogenous leukemiaIndustrial injuryPetition for reconsiderationQualified medical evaluatorOncologyLatency periodLabor Code section 5412Labor Code section 5500.5Coverage periodAdministrative law judge
References
Case No. ADJ6659926 ADJ6659223
Regular
Jan 06, 2012

MICHELLE JIMENEZ vs. DENCO SALES COMPANY, ACE PROPERTY AND CASUALTY COMPANY, ARGONAUT INSURANCE COMPANY

This case concerns applicant Michelle Jimenez's claim for additional temporary disability benefits for lumbar spine injuries sustained from a specific injury in July 2007 and a cumulative trauma injury ending in July 2008. The Appeals Board found that while the 2007 injury's temporary disability indemnity limit under Labor Code section 4656(c)(1) expired in August 2009, the applicant is entitled to remaining temporary disability under section 4656(c)(2) for the 2008 cumulative trauma injury. Because the applicant had only received 69 weeks of temporary disability for the cumulative trauma injury and is entitled to 104 weeks within five years of the injury date, she is awarded an additional 35 weeks of temporary disability indemnity prior to July 17, 2013.

Labor Code section 4656temporary disability indemnityaggregate disability paymentscompensable weeksperiod of two yearsperiod of five yearsdate of commencementdate of injurycumulative trauma injuryspecific injury
References
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
References
Case No. ADJ2380588 (OXN 0148045)
Regular
Jul 11, 2011

Dann Shubin vs. Southwest Airlines; Permissibly SelfInsured, Administered by CAMBRIDGE PASADENA

This case concerns a pilot injured in a car accident while on a mandatory rest period after completing flights at his domicile airport. The defendant airline argued the injury was not compensable under the "going and coming" rule, as the pilot was on his own time and not engaged in employer duties. The Appeals Board reversed the WCJ's finding, determining the pilot's release at his domicile airport marked the end of his employment-related travel. The Board concluded the pilot was not on a special mission or acting as a commercial traveler, thus his injury did not arise out of and occur in the course of employment.

Domicile airportGoing and coming ruleReserve availability periodReserve rest periodSpecial missionCommercial traveler exceptionIndustrial injuryCompensable injuryCourse of employmentArising out of employment
References
Case No. ADJ11286876; ADJ11286877
Regular
Dec 02, 2019

Joanna Fontenette vs. Los Angeles Unified School District, Sedgwick CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the trial judge's findings. The Board found the evidentiary record did not sufficiently establish whether the applicant sustained two separate injuries causing distinct periods of temporary disability, or if concurrent disabilities were properly evaluated. The matter was returned to the trial judge for further proceedings to develop the record, particularly regarding the medical opinions on causation and the distinction between injury dates. This decision is not a final determination of the merits.

Labor Code section 4850Petition for ReconsiderationJoint Findings and Awardseparate and distinct periods of disabilitycontinuous traumacervical myelopathyspondylolisthesisagreed medical evaluatorcumulative traumaaggregate disability payments
References
Case No. ADJ8730224
Regular
Dec 15, 2016

SERGIO BERMUDEZ vs. CERRITOS AUTO REPAIR CENTER, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tri County Medical Group's (TCMG) petition for reconsideration of a finding that its lien claim was barred by the 18-month limitation in Labor Code section 4903.5(a). The Board majority held that because TCMG's last date of service was January 29, 2015, after the July 1, 2013 effective date for the shorter period, the 18-month limit applied. TCMG's lien was filed over 18 months after this last date of service and was therefore untimely. A dissenting commissioner argued that for continuously provided services crossing the July 1, 2013 date, the three-year limit should apply to avoid requiring multiple lien filings.

Labor Code Section 4903.5(a)lien claim18-month limitation periodthree-year limitation perioddate services were providedlast date of servicecontinuously provided servicespetition for reconsiderationdenial of lienWCJ report
References
Showing 1-10 of 1,089 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