Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7588409

Regular

Jan 09, 2015

Armando De La Mora vs. Hanson Building Materials, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied reconsideration of a dismissal order for lien claimant Industrial Health Care. The lien was dismissed due to the claimant's failure to appear at a scheduled lien trial on August 28, 2014. Although the claimant admitted to a calendaring error and argued improper notice, the Board found their petition lacked material evidence and overlooked prior errors. Furthermore, the claimant's objection to the dismissal notice was filed two days late, contributing to the denial.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienFailure to AppearLien TrialNotice of Intention to DismissAppeals Board Rule 10562ObjectionsMis-calendaring ErrorTimely Service

References

Case No. ADJ7937061

Regular

Sep 14, 2015

MANUEL MARTINEZ vs. WESTWOOD BUILDING MATERIALS, EVEREST INSURANCE COMPANY, administered by SEDGWICK CMS

Defendant Westwood Building Materials sought removal of an order setting a trial date, arguing prejudice due to unresolved discovery regarding the applicant's treatment history and the PQME's lack of review. The Appeals Board denied the petition, adopting the WCJ's recommendation. The Board found defendant failed to demonstrate substantial prejudice or irreparable harm, noting removal is an extraordinary remedy. However, they suggested the trial judge could keep the record open for further PQME reports or depositions.

Removal PetitionPQMEDiscovery IssuesCirculatory System InjuryNervous System InjuryCumulative InjuryMandatory Settlement ConferenceDue ProcessIrreparable HarmSubstantial Prejudice

References

Case No. Misc. No. 254

Significant

Feb 14, 2013

Workers' Compensation Appeals Board, State of California vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspended the privilege of non-attorney representative Daniel Escamilla to appear before it for 90 days due to a persistent pattern of professional misconduct, including filing frivolous petitions and making material misrepresentations, which sanctions had failed to correct.

Labor Code Section 4907Nonattorney Hearing RepresentativePrivilege to AppearGood CauseSanctionsFrivolous ConductBad FaithMisrepresentation of FactsWCAB Rule 10561Continuing Violation Doctrine

References

Case No. ADJ292109 (LAO 0863163)

Regular

Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order. The dismissal was based on a defendant's petition containing material misrepresentations and improper service on the unrepresented applicant. Crucially, the defendant failed to properly serve notice of dismissal proceedings, and the applicant was actively pursuing her claim as evidenced by her communications with adjusters and medical providers. Therefore, the dismissal order is void *ab initio* due to lack of due process and material misrepresentations.

Amended Petition to Set Aside DismissalPetition to Dismiss Based On Lack of Prosecutionvoid ab initiomaterial misrepresentationPetition for Reconsiderationrescind the Orderindustrial injuryunrepresentedin propria personamisrepresentation of facts

References

Case No. POM 0292010

Regular

Feb 11, 2008

SONIA NAVARRETE vs. MATERIAL SUPPLY, TRAVELERS CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the permanent disability award, reducing it from 40.25 to 30.25 weeks and adjusting the weekly rate to $230.00, resulting in a total permanent disability award of $6,957.50. The Board affirmed the temporary disability indemnity rate based on the parties' stipulation, rejecting the defendant's attempt to introduce a wage statement that contradicted their prior agreement and was not properly presented as newly discovered evidence. Consequently, the defendant's petition for reconsideration was granted in part to amend the award, but otherwise affirmed the judge's findings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityTemporary DisabilityApportionmentStipulationWage StatementIndemnity Rates

References

Case No. ADJ7129675 ADJ6931789 ADJ6930948

Regular

Mar 23, 2017

REGGIE MANANQUIL vs. APPLIED MATERIALS, XL SPECIALTY INSURANCE COMPANY

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying home health care. The WCAB initially affirmed the denial based on the applicant failing to prove services weren't regularly performed prior to injury per Labor Code section 5307.8. However, upon reconsideration, the WCAB amended the decision to award home health care services, finding medical necessity established by substantial evidence. The WCAB deferred the section 5307.8 issue for further record development while affirming other aspects of the original order.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONFINDINGS AND ORDERWCJLABOR CODEINDUSTRIAL INJURYHOME HEALTH CARESUBSTANTIAL MEDICAL EVIDENCEBURDEN OF PROOFSECTION 5307.8

References

Case No. ADJ7709630

Regular

Feb 21, 2012

CARLOS RUIZ vs. VULCAN MATERIAL COMPANY, OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration regarding temporary disability benefits, finding no exception applied to the 104-week limit. However, the Board granted the applicant's Petition for Removal, rescinded the Order Compelling a medical examination, and returned the matter for further proceedings. This action was taken due to allegations of defendant's violation of Labor Code section 4062.3(c) and potential prejudice to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and OrderOrder Compelling Medical ExaminationLabor Code section 4656(c)(2)Labor Code section 4656(c)(3)temporary disability benefitsstatutory limitamputation exception

References

Case No. ADJ1351389 (SJO 0253295) ADJ7183596 ADJ7168611

Regular

Nov 27, 2017

DEBBIE CHADBURN vs. APPLIED MATERIALS, INC., SEDGWICK CMS/ARROWOOD

The Workers' Compensation Appeals Board (WCAB) has granted petitions for reconsideration filed by both the applicant and defendants regarding prior decisions. This action is necessary due to statutory time constraints and to allow the Board sufficient opportunity to thoroughly review the complex factual and legal issues presented. All future filings related to these petitions must be submitted directly to the WCAB Commissioners' office and not to any district office or via e-filing, unless it's a proposed settlement which requires specific notification.

Workers' Compensation Appeals BoardPetitions for ReconsiderationStatutory time constraintsFactual and legal issuesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System (EAMS)District OfficeWCJ decisionProposed settlement

References

Case No. ADJ14842904

Regular

Mar 05, 2025

IAN CHITWOOD vs. HENSELL MATERIALS, INC.; INSURANCE COMPANY OF THE WEST

Applicant Ian Chitwood sought reconsideration of a WCJ's decision that denied his claim of an industrial injury. The Appeals Board granted reconsideration, finding that the evidence did not support the WCJ's credibility determinations. The Board reviewed detailed medical reports, including a QME's findings, and testimony from the applicant's girlfriend, which corroborated the reported slip and fall at work. The decision highlighted the existence of a workplace culture that discouraged injury reporting, explaining the delayed notification. Ultimately, the Appeals Board rescinded the initial August 27, 2024 F&O and substituted a new F&O, concluding that the applicant's injury on February 18, 2021, was industrial.

Petition for ReconsiderationFindings and OrderIndustrial InjuryLeft Shoulder InjuryBilateral Upper ExtremitiesNeck InjuryBack InjuryHead InjuryHeadachesRetrograde Amnesia

References

Case No. SDO 0322942

Regular

Jan 31, 2008

ROBERT WEIS vs. VULCAN MATERIALS COMPANY, ZURICH NORTH AMERICA

The applicant claims an admitted industrial spinal injury caused his umbilical hernia, but the WCJ denied benefits for the hernia, finding it nonindustrial. The applicant argues the Qualified Medical Evaluator's opinion supports industrial causation for the hernia, contradicting the defense. The Appeals Board granted reconsideration to obtain a report from the WCJ regarding this contested issue.

Workers' Compensation Appeals BoardVulcan Materials CompanyZurich North AmericaRobert Weisindustrial injuryspineherniaumbilical herniatruck driverqualified medical evaluator

References

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7588409

Regular

Jan 09, 2015

Armando De La Mora vs. Hanson Building Materials, Liberty Mutual Insurance

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienFailure to AppearLien TrialNotice of Intention to DismissAppeals Board Rule 10562ObjectionsMis-calendaring ErrorTimely Service

References

Case No. ADJ7937061

Regular

Sep 14, 2015

MANUEL MARTINEZ vs. WESTWOOD BUILDING MATERIALS, EVEREST INSURANCE COMPANY, administered by SEDGWICK CMS

Removal PetitionPQMEDiscovery IssuesCirculatory System InjuryNervous System InjuryCumulative InjuryMandatory Settlement ConferenceDue ProcessIrreparable HarmSubstantial Prejudice

References

Case No. Misc. No. 254

Significant

Feb 14, 2013

Workers' Compensation Appeals Board, State of California vs. Daniel Escamilla

Labor Code Section 4907Nonattorney Hearing RepresentativePrivilege to AppearGood CauseSanctionsFrivolous ConductBad FaithMisrepresentation of FactsWCAB Rule 10561Continuing Violation Doctrine

References

Case No. ADJ292109 (LAO 0863163)

Regular

Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

References

Case No. POM 0292010

Regular

Feb 11, 2008

SONIA NAVARRETE vs. MATERIAL SUPPLY, TRAVELERS CASUALTY COMPANY OF AMERICA

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityTemporary DisabilityApportionmentStipulationWage StatementIndemnity Rates

References

Case No. ADJ7129675 ADJ6931789 ADJ6930948

Regular

Mar 23, 2017

REGGIE MANANQUIL vs. APPLIED MATERIALS, XL SPECIALTY INSURANCE COMPANY

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONFINDINGS AND ORDERWCJLABOR CODEINDUSTRIAL INJURYHOME HEALTH CARESUBSTANTIAL MEDICAL EVIDENCEBURDEN OF PROOFSECTION 5307.8

References

Case No. ADJ7709630

Regular

Feb 21, 2012

CARLOS RUIZ vs. VULCAN MATERIAL COMPANY, OLD REPUBLIC INSURANCE

References

Case No. ADJ1351389 (SJO 0253295) ADJ7183596 ADJ7168611

Regular

Nov 27, 2017

DEBBIE CHADBURN vs. APPLIED MATERIALS, INC., SEDGWICK CMS/ARROWOOD

References

Case No. ADJ14842904

Regular

Mar 05, 2025

IAN CHITWOOD vs. HENSELL MATERIALS, INC.; INSURANCE COMPANY OF THE WEST

Petition for ReconsiderationFindings and OrderIndustrial InjuryLeft Shoulder InjuryBilateral Upper ExtremitiesNeck InjuryBack InjuryHead InjuryHeadachesRetrograde Amnesia

References

Case No. SDO 0322942

Regular

Jan 31, 2008

ROBERT WEIS vs. VULCAN MATERIALS COMPANY, ZURICH NORTH AMERICA

Workers' Compensation Appeals BoardVulcan Materials CompanyZurich North AmericaRobert Weisindustrial injuryspineherniaumbilical herniatruck driverqualified medical evaluator

References

Showing 1-10 of 234 results

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