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. ADJ18001417
Regular
Sep 05, 2025

CHRISTOPHER CANDIA vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration in the case of Christopher Candia v. City and County of San Francisco. The Board adopted the Arbitrator's Report and Recommendation, which found applicant Christopher Candia's meningioma to be a compensable industrial injury. The decision was based on the cancer presumption under Labor Code section 3212.1 for firefighters, as the medical opinion of treating neurosurgeon Dr. Bruce McCormack classified the tumor as Grade II, indicating malignant features, and evidence showed Candia's exposure to carcinogens during his employment. The Board upheld the arbitrator's determination, giving greater weight to Dr. McCormack's opinion over the IME Dr. Raye Bellinger's.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportLabor Code Section 5909Electronic Adjudication Management Systemsubstantial evidenceneurosurgeontreating physicianIMEmeningioma
References
Case No. ADJ7849651
Regular
Aug 20, 2018

Dovie King vs. California Department of Corrections and Rehabilitation, Substance Abuse Treatment Facility, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Appeals Board granted applicant's petition for removal, rescinded the WCJ's order vacating submission and appointing an IME, and returned the matter to the trial level. The WCJ's order was deemed an interlocutory procedural decision, not a final order, making removal the proper avenue for review. The Board found the WCJ's rationale for appointing an IME lacked sufficient explanation and did not address all issues identified for trial. Further proceedings are required to properly address the disputed issues and develop the record.

WCABPetition for ReconsiderationPetition for RemovalOrder Vacating SubmissionIndependent Medical Examiner (IME)Agreed Medical Evaluator (AME)Primary Treating Physician (PTP)Substantial Medical EvidenceFurther Development of RecordInterlocutory Order
References
Case No. ADJ11364300
Regular
May 24, 2019

JOHN MANNING vs. ORANGE COUNTY FIRE AUTHORITY

This case involves a dispute over an applicant's entitlement to an Independent Medical Examiner (IME) under an Alternative Dispute Resolution (ADR) agreement governing workers' compensation claims. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration, finding the original order was not a final decision. However, the WCAB granted the petition for removal, rescinded the administrative law judge's finding that no IME was warranted, and returned the case for further proceedings. The WCAB determined it was unclear whether it had jurisdiction to rule on the medical-legal discovery dispute, as parties cannot confer jurisdiction by stipulation, and ordered the trial judge to determine if the ADR program or the WCAB has jurisdiction.

ADR agreementCalifornia Labor Code §3201.7Independent Medical Examiner (IME)removalreconsiderationWorkers' Compensation Appeals Board (WCAB)specific injurycumulative traumafire captainskin cancer
References
Case No. ADJ691085 (VNO 0490826) ADJ1638152 (VNO 0490827)
Regular
Sep 28, 2009

CEZAR MORALES vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, INTERCARE INSURANCE COMPANY

Defendant sought reconsideration and removal of the WCJ's order deferring their petition to disqualify the IME, Dr. Rogers. The Board dismissed the reconsideration petition as interlocutory orders are not subject to review. Removal was denied as defendant failed to demonstrate prejudice or irreparable harm, having waived objections to Dr. Rogers' appointment and not proving bias in his reports. Therefore, the WCAB dismissed the petition for reconsideration and denied removal.

WCABPetition for ReconsiderationPetition for RemovalIndependent Medical Evaluator (IME)DisqualificationPecuniary InterestInterlocutory OrderSubstantive RightIrreparable HarmWaiver
References
Case No. ADJ345248 (RDG 0128229)
Regular
Oct 26, 2011

JEREMY CHISSIE vs. REIBES AUTO PARTS, LLC, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted removal and rescinded the WCJ's order to appoint an Independent Medical Examiner (IME). The Board found the WCJ improperly bypassed the established procedure for selecting a Qualified Medical Evaluator (QME) when the original QME became unavailable. Instead, the matter must return to the trial level to follow the Administrative Director's rules for appointing a replacement QME. This ensures the defendant's right to participate in the physician selection process.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalIndependent Medical Examiner (IME)Qualified Medical Evaluator (QME)Labor Code section 4062.2Administrative Director's Rule 31.5Rule 32.6Medical UnitPanel QME
References
Case No. ADJ2836927 (ANA 0328771)
Regular
Feb 06, 2017

LISA MASTERS vs. REMO, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HIH INSURANCE, in liquidation

Defendant CIGA petitioned for removal after the WCJ suspended proceedings pending the applicant's completion of an Independent Medical Examination (IME) with Dr. Sones. CIGA argued dismissal was warranted for missed appointments, but the applicant claimed scheduling issues with the defendant. The Appeals Board denied removal, finding the WCJ's order was not a final determination and CIGA failed to demonstrate significant prejudice or irreparable harm. The Board emphasized the need for record development and a decision on the merits, consistent with prior rulings.

Petition for RemovalOrder Suspending ProceedingsMedical ExaminationIndependent Medical Evaluator (IME)Dismissal of ClaimScheduling DisputesDevelopment of RecordSignificant PrejudiceIrreparable HarmDiscretionary Remedy
References
Case No. ADJ7662819
Regular
Apr 27, 2015

JEWELL McKEE vs. MARTEN'S TRANSPORT, LTD, ACE AMERICAN INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to various body parts, including psyche, hearing, and gait disorder, following a fall. The defendant sought reconsideration of the original award, primarily challenging the findings of psyche injury and gait disorder, as well as the award of temporary disability and a permanent disability increase. The Appeals Board granted reconsideration, deferring the issues of gait disorder and all permanent disability findings due to insufficient medical evidence on gait causation and the improper piecemeal determination of permanent disability. The Board otherwise affirmed the findings of industrial injury to psyche, additional temporary disability, and ordered further medical evaluation by an AME or IME.

Workers' Compensation Appeals BoardMarten's TransportACE American InsuranceIndustrial InjuryPsyche InjuryGait DisorderPermanent DisabilityLabor Code Section 4658(d)(2)Temporary DisabilityAgreed Medical Evaluator (AME)
References
Case No. ADJ3229251 (GRO 0032007) ADJ4697200 (GRO 0032008)
Regular
Apr 24, 2009

JOYCE ROARK vs. CORDOVA CHEMICAL/AEROJET, PACIFIC EMPLOYERS INSURANCE by ESIS

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, increasing the death benefit to $125,000 and the attorney fee to $18,750, based on a June 2004 date of injury. The Board denied the defendant's petition, upholding the finding that the deceased worker's death from cancer was industrially caused based on Dr. O'Neill's medical opinion. While the majority found Dr. O'Neill's revised opinion, considering chromosomal damage and a specific medical article linking rare tumors to similar chemical exposures, constituted substantial evidence, one commissioner dissented, arguing the medical evidence was insufficient for a finding of industrial causation. The dissenting commissioner believed further medical evaluation was necessary, preferring an IME to resolve the causation issue.

David RoarkJoyce RoarkCordova Chemical/AerojetPacific Employers InsuranceESISADJ3229251ADJ4697200Joint Findings and AwardPetition for ReconsiderationIndustrial Injury
References
Case No. ADJ7587936
Regular
Oct 16, 2012

KAREN GODDARD vs. MARIE CALLENDER'S, ESIS, INC. C/O ACE INSURANCE COMPANY

The Appeals Board dismissed the applicant's petition for reconsideration. They granted removal on their own motion, rescinded the WCJ's order striking the PQME's report, and returned the matter for further development of the record. This action was taken because the record was unclear as to who performed diagnostic testing, potentially violating Labor Code section 4628. The Board directed parties to first obtain a supplemental report from the PQME to clarify this issue.

WCABPQMEAMEIMELabor Code 4628Nerve Conduction StudyMedical Record DevelopmentPetition for ReconsiderationRemovalFindings Order Opinion
References
Case No. ADJ916057 (SAC 0345461)
Regular
Oct 15, 2009

JEANETTE LA PORTA vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured

The Appeals Board grants reconsideration, amends the WCJ's order, and returns the matter for further proceedings. The petition for reconsideration is granted, paragraph one of the prior order is rescinded, and paragraph two is affirmed.

WCABReconsiderationOrthopedics panelTAR syndromeMedical expertiseCausationPermanent disabilityPrognosisChiropractorQualified Medical Examiner
References
Showing 1-10 of 38 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