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. ADJ3416937 (SRO 0141443) ADJ4476347 (SRO 0118020)
Regular
Apr 25, 2011

TIMOTHY ROBINSON vs. COUNTY OF SONOMA, Permissibly Self-Insured

This case concerns apportionment of permanent disability for an injured correctional officer. The applicant sustained an admitted industrial injury to his neck, resulting in a 12% permanent disability after initial apportionment. The WCJ calculated a total permanent disability of 43%, then apportioned 20% to non-industrial factors under Labor Code section 4663. Further apportionment occurred for a prior low back injury under Labor Code section 4664, using a converted rating from the old schedule to the new AMA Guides. The Appeals Board affirmed the WCJ's decision, finding no prohibition against applying both section 4663 and section 4664 apportionment, and deeming the prior injury properly converted and subtracted. A dissenting opinion argued that the older rating schedule's "overlap" concept is incompatible with the current AMA Guides method, and that the defendant failed to prove overlap for the prior injury.

Workers' Compensation Appeals BoardCounty of SonomaTimothy RobinsonCorrectional OfficerIndustrial InjuryNeck InjuryPermanent DisabilityApportionmentLabor Code Section 4663Labor Code Section 4664
References
6
Case No. ADJ7497019
Regular
Mar 14, 2019

ROBERT WILLIAM BATES vs. COUNTY OF SAN MATEO, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board affirmed a prior award finding the applicant sustained two cumulative heart injuries as a deputy sheriff. The defendant sought to apportion permanent disability between these injuries, citing Labor Code section 4664(a) and the *Benson* case. However, the Board ruled that Labor Code section 4663(e) prohibits apportionment to causation for injuries presumed industrial under Labor Code section 3212, overriding general apportionment rules. Therefore, the applicant's full permanent disability rating was awarded without apportionment.

Workers Compensation Appeals BoardCumulative InjuryHeart Trouble PresumptionLabor Code Section 3212ApportionmentLabor Code Section 4663(e)Benson v. WCABDeputy SheriffPermanent DisabilityAgreed Medical Evaluator
References
15
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ18376723
Regular
Oct 09, 2025

Miguel Mejinez vs. Substance Abuse Treatment Facility, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding an order that rescinded a prior directive for the applicant to disclose medical history under Labor Code section 4663(d). The defendant argued that section 4663(d) compels disclosure upon request and that they suffered prejudice from the applicant's refusal. However, the Board, concurring with the WCJ's recommendation, found that while section 4663 broadened the scope of discovery, it did not expand the methods of compelled discovery, which are limited to oral testimony and records under Labor Code section 5708. Consequently, the defendant failed to demonstrate substantial prejudice or irreparable harm necessary for removal, concluding that written interrogatories are not an appropriate method for compelled discovery in workers' compensation cases.

Petition for RemovalOrder Rescinding OrderMedical History DisclosureLabor Code Section 4663(d)Previous Permanent DisabilitiesPhysical ImpairmentsSubstantial PrejudiceIrreparable HarmReconsideration Adequate RemedyWritten Interrogatories
References
12
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. ADJ9020574
Regular
Jan 03, 2020

Antonio Hernandez vs. TS STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN'S UNDERWRITING ALLIANCE in Liquidation, SEDGWICK CLAIMS MANAGEMENT SERVICES (Claims Administrator)

This case concerns an applicant seeking reconsideration of a permanent disability award in a workers' compensation claim. The Administrative Law Judge (WCJ) apportioned the applicant's permanent disability based on Labor Code Section 4663, which the applicant argued was incorrect. The applicant contended that Section 4664(b) should have applied due to a prior award, requiring a different apportionment method. The Appeals Board affirmed the WCJ's decision, finding that the applicant failed to establish the necessary prerequisites for Section 4664(b) apportionment. Specifically, the prior award lacked sufficient detail regarding the basis of its rating, and medical opinions attempting to apply Section 4664(b) were not based on substantial medical evidence.

Labor Code Section 4663Labor Code Section 4664(b)apportionmentpermanent disabilitysubstantial medical evidenceAgreed Medical Evaluator (AME)Panel Qualified Medical Evaluator (PQME)prior awardoverlapfactors of disability
References
10
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
Case No. ADJ4693006 (VNO 0529733)
Regular
May 06, 2011

MICHAEL GARVEY vs. CITY OF LOS ANGELES; Permissibly-SelfInsured, c/o TRISTAR RISK MANAGEMENT

The Appeals Board amended the WCJ's decision, finding that apportionment of permanent disability was precluded by Labor Code section 4663(e) due to the presumption of industrial heart injury for police officers. The Board further determined the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Consequently, issues of permanent disability and attorney's fees were deferred to the trial level for further proceedings. The case was returned to the WCJ for a new decision after further action.

Workers' Compensation Appeals BoardReconsiderationLabor Code section 3212.5Police OfficerIndustrial InjuryHeart DiseaseCoronary Artery DiseaseCardiac ArrhythmiasHypertensionPermanent Disability
References
3
Case No. ADJ204183 (GOL 0098320) ADJ1121946 (GOL 0098321) ADJ724233 (GOL 0088072)
Regular
Dec 23, 2008

MARC FAVERO vs. UCSB, SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded the prior award and returned the case for further proceedings, finding that Labor Code section 4664 regarding apportionment was inapplicable due to differing rating systems. However, the Board determined that further development of the record was necessary under Labor Code section 4663 to clarify the physician's apportionment of permanent disability to prior injuries. The defendant bears the burden of proof for apportionment, and any supplemental medical opinions must meet substantial evidence standards.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentLabor Code section 4663Labor Code section 4664Agreed Medical ExaminerAMA GuidesWhole Person ImpairmentCumulative TraumaStipulations and Award
References
8
Case No. ADJ3496280 (MON 0341102)
Regular
Dec 02, 2008

MARCELLO CURKO vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding a deputy sheriff sustained industrial injury to his back, neck, hip, and knee, resulting in 11% permanent disability. The defendant sought apportionment due to a prior 13% disability award for a back injury. The WCAB found that current rating methods under the AMA Guides prevent direct apportionment under Labor Code section 4664, as the disabilities are not rated on the same criteria. However, the WCAB remanded the case for further development of the record to explore apportionment under Labor Code section 4663, allowing for potential overlap with the prior injury.

Workers' Compensation Appeals BoardCounty of Los Angeles Sheriff's DepartmentTristar Risk ManagementDeputy SheriffIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4664Labor Code Section 46631997 PDRS
References
8
Showing 1-10 of 8,726 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