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. ADJ9169368, ADJ9178263
Regular
Nov 21, 2016

SCOTT BROWNLIE vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, amending a prior award. The Board removed apportionment for the applicant's irritable bowel syndrome and hemorrhoids disability, increasing the permanent disability from 41% to 45% because the medical evaluator's apportionment lacked sufficient reasoning. Additionally, the Board revised mileage reimbursement for medical treatment from 240 to 348 miles roundtrip, finding the employer's objection to the original travel distance was not adequately communicated regarding reasonable alternatives. The WCAB affirmed the original finding on GERD apportionment.

WCABPetition for ReconsiderationQualified Medical EvaluatorApportionmentSubstantial Medical EvidenceMileage ReimbursementLabor CodePermanent DisabilityCumulative InjuryPrimary Treating Physician
References
Case No. ADJ1171761 (RDG 0076230) ADJ3401110 (RDG 0077725)
Regular
Dec 10, 2012

HAROLD HOUSTON vs. CITY OF REDDING

The Workers' Compensation Appeals Board granted the City of Redding's petition for reconsideration regarding a prior award of medical mileage reimbursement to Harold Houston. While affirming the award of medical mileage, the Board amended the Findings of Fact to clarify that no past interest is due. Interest on the medical mileage will only accrue from the date the amount becomes determined and payable, as per Labor Code section 5800. The case was returned to the trial level for further proceedings to determine the specific amount owed.

Workers' Compensation Appeals BoardCity of ReddingHarold HoustonPetition for ReconsiderationFindings Award and OrderCompromise & Releasemedical mileagefuture medical treatmentLabor Code section 5800accrued interest
References
Case No. ADJ1323942
Regular
Jan 25, 2010

JANN WASHINGTON vs. DAVIS COMPANIES, FIREMAN'S FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's medical mileage reimbursement. The Board amended the prior award to allow reimbursement for travel between the applicant's Nevada residence and her California treating physician. The employer failed to prove that equally effective treatment was available closer to the applicant's residence, thus their objection to the extended mileage was denied. The specific amount of reimbursement is to be determined by the parties, with jurisdiction reserved for dispute resolution.

Workers' Compensation Appeals BoardIndustrial InjuryUpper ExtremitiesMedical TreatmentMedical MileageReconsiderationResidenceGeographic AreaTreating PhysicianEmployer Burden
References
Case No. ADJ9522703
Regular
Jul 04, 2018

MAYRA MENDOZA vs. SAFEWAY, INC., ALBERTSONS HOLDINGS

This case concerns whether applicant's medical mileage and self-procured medical expenses were included in a prior Compromise and Release (C&R) agreement. The applicant sought reconsideration of the WCJ's finding that these expenses were resolved by the C&R. The Appeals Board affirmed the WCJ's decision, finding that the plain language of the C&R explicitly included medical mileage and self-procured medical treatment as resolved issues within the settlement amount. Therefore, the applicant's subsequent claims for these expenses were denied.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWCJLabor Code section 5813medical mileageout-of-pocket medical expensesself-procured medical treatmentindustrial injurychecker/stocker
References
Case No. ADJ8026676
Regular
May 04, 2012

GERARDO ELIZARRARAZ vs. DEL SOL FARM LABOR SERVICES, INC., ZENITH INSURANCE COMPANY

This case involves an applicant's petition for reconsideration and removal stemming from a Workers' Compensation Appeals Board (WCAB) decision denying a change of venue. The WCAB dismissed the petition for reconsideration because interlocutory procedural orders, such as venue decisions, are not final orders subject to reconsideration. The petition for removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm, and the WCJ's venue determination was upheld. The WCAB affirmed the venue in Stockton, finding it was the closest district office to the applicant's residence, despite the defendant's reliance on an unofficial online guide.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalInterlocutory OrdersFinal OrdersSubstantive RightsLiabilitiesPre-trial OrdersDiscoveryTrial Setting
References
Case No. ADJ4522362
Regular
Sep 26, 2008

CELESTE LILJEBLAD-THOMAS vs. BARONE'S RESTAURANT, STATE COMPENSATION INSURANCE FUND

The WCAB reversed the Supplemental Findings and Award granting reconsideration to the defendant, State Compensation Insurance Fund. The WCJ lacked jurisdiction to award temporary disability more than five years after the injury date.

WORKERS' COMPENSATION APPEALS BOARDCeleste Liljeblad-ThomasBarone's RestaurantState Compensation Insurance FundSupplemental Findings and Awardtemporary disability indemnityactual earnings25% penaltiesfurther medical treatmentreimbursement for mileage
References
Case No. ADJ9818457
Regular
Aug 07, 2015

MANU TUIVAI vs. LINKS ELECTRICAL SERVICE, HARTFORD ACCIDENT AND INDEMNITY COMPANY

The applicant sustained a low back injury and was offered modified work by the employer. The applicant declined the modified work, asserting it was too far and beyond his qualifications. The WCAB denied reconsideration, upholding the finding that the applicant declined the modified work for reasons other than physical inability, specifically due to commuting distance and pay concerns, which did not preclude temporary disability benefits. The Board found the commuting distance reasonable given the applicant's electrician profession.

Workers' Compensation Appeals BoardApplicant Petition for ReconsiderationIndustrial InjuryElectricianLow Back InjuryModified WorkTemporary Disability BenefitsLabor Code Section 4658.1Reasonable Commuting DistanceVoluntary Decline of Work
References
Case No. SFO 432276
Regular
Dec 31, 2007

JANICE HOLMES vs. NEXT LEVEL COMMUNICATIONS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was untimely and improperly filed. The defendant's arguments regarding the WCJ's assessment of penalties for delayed medical treatment and mileage payments were not considered on their merits due to the procedural defect. The Board emphasized that failure to file a petition within the statutory 20-day period (plus mailing time) deprives the Board of jurisdiction.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimely filingdismissaljurisdictionstatutory time perioddelayed paymentmedical treatmentpenaltyutilization review
References
Case No. ADJ9360366, ADJ9360331, ADJ10274829
Regular
Mar 11, 2019

KELLIANN VICKORY vs. MIDTOWN CREPERIE & CAFÉ, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the petition for reconsideration and dismissed the petition for removal. The WCJ's findings on employment, injury AOE/COE, and mileage reimbursement were deemed final and properly before the Board. However, the challenged issue, concerning the need for further record development, was an interlocutory discovery dispute. Removal was denied because the petitioner failed to demonstrate substantial prejudice or irreparable harm, and reconsideration was deemed an adequate remedy.

Petition for RemovalPetition for ReconsiderationInterlocutory OrderDiscovery DisputeSubstantial PrejudiceIrreparable HarmExtraordinary RemedyAppeals BoardWCJ AnalysisAOE/COE
References
Case No. ADJ4476010 (SDO 0342658) ADJ4527276 (SDO 0343898)
Regular
Oct 27, 2008

TANIA ESQUIVEL vs. CORRECTIONS CORPORATION OF AMERICA SAN DIEGO DETENTION, NEW HAMPSHIRE INSURANCE COMPANY

This case involved an applicant injured in a motor vehicle accident while traveling to a medical appointment for prior industrial injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the trial judge's finding that the motor vehicle accident was a compensable consequence. The WCAB ruled the injury was not compensable due to the excessive distance from the applicant's home and the medical provider, thus exceeding the employer's reasonable geographic risk.

Workers' Compensation Appeals Boardcompensable consequenceindustrial injurymotor vehicle accidentcorrectional officerprimary treating physicianBehavior Pain ServicesLabor Codegoing and coming rulespecial mission
References
Showing 1-10 of 67 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