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. MISSING
Regular Panel Decision

Dering v. Regan

A City of Yonkers firefighter applied for accidental disability retirement benefits, claiming a knee injury from a 1972 ladder fall. Respondent Comptroller denied the application, concluding the misstep was an inherent occupational risk, not an accident under Retirement and Social Security Law § 363. Petitioner argued the misstep was due to an unusual ladder shift, constituting an accidental event. The court, however, confirmed the Comptroller's determination, finding substantial evidence supported the conclusion that the fall was an inherent risk, and the Comptroller was not required to accept the petitioner's uncorroborated explanation. The petition was dismissed.

Accidental Disability RetirementFirefighter InjuryKnee InjuryInherent Risk of OccupationLadder FallMisstepAdministrative ReviewSubstantial EvidenceCredibility IssueDenial of Benefits
References
4
Case No. ADJ1315954 (MON 0356740)
Regular
Jul 01, 2014

GUILLERMINA MEJIA vs. ATLAS RESOURCES, INC., LIBERTY MUTUAL FIRE INSURANCE CO.

The Appeals Board dismissed the defendant's untimely petition for reconsideration of an order to pay a lien. The Board then granted removal and rescinded a subsequent order that had vacated the lien payment, effectively reinstating the original lien payment order. This decision was based on the defendant's failure to timely challenge the initial order. The Board noted this was a harsh result due to procedural missteps.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder to Pay Lien ClaimWCJWCAB Rule 10859RemovalDue ProcessTimelinessFinal Order
References
5
Case No. ADJ6513703
Regular
Aug 26, 2014

MARGARITA SANCHEZ vs. NOBLE HOUSE HOTELS dba RIVIERA RESORT & SPA, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied Noble House Hotels' petition for reconsideration of an order allowing a lien. The WCAB adopted the trial judge's report, which detailed numerous procedural missteps and rule violations by the defendant and their attorneys. Despite denying reconsideration of the lien allowance, the matter was returned to the trial judge for further proceedings on sanctions against the defendant and their attorneys for frivolous filings and non-compliance.

Petition for ReconsiderationSanctionsLien ClaimantWCJNotice of Intention to Order Payment of LienLate ObjectionFailure to AppearOTOC RequestEAMSFrivolous Petition
References
0
Case No. ADJ7469490
Regular
Jul 22, 2015

JOSEPH GUIDO vs. NATIONAL AIR, INC., INSURANCE COMPANY OF THE WEST

This case involves a law firm's petition for reconsideration of a workers' compensation award regarding attorney fees. The Appeals Board dismissed the petition because it was untimely and unverified, violating jurisdictional deadlines and procedural rules. Even if considered timely and properly filed, the Board would have denied reconsideration based on the WCJ's reasoning. The Board also admonished the firm for procedural missteps and attached materials, reminding them of potential sanctions for rule violations.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAttorney FeesCompromise and ReleaseUntimely PetitionUnverified PetitionJurisdictional Time LimitLabor CodeWCAB Rules
References
6
Case No. ADJ9614666, ADJ9614653
Regular
Jan 27, 2016

MARK JERUE vs. TEKSYSTEMS, ACE AMERICAN INSURANCE

The Appeals Board affirmed the WCJ's finding of industrial injury for the applicant's left forearm, knees, and back, as well as the award of temporary disability. The Board dismissed the defendant's petition for removal and rejected claims of error regarding industrial causation and the denial of a trial continuance. The Board found the defendant failed to demonstrate good cause for excluding evidence or continuing the trial, and also admonished the defendant's attorney for procedural missteps.

AOE/COEtemporary disabilityindustrial causationsubstantial evidencedue processmandatory settlement conferencediscovery closuregood causecontinuanceremoval
References
3
Case No. ADJ1845403
Regular
Jan 13, 2010

GERALD WILLIAMS vs. OAK GROVE INSTITUTE, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an award finding an industrial injury and temporary disability for the applicant. The defendant argued the award lacked substantial medical evidence and sought to introduce a medical report not previously admitted. The Appeals Board denied reconsideration because the defendant failed to comply with procedural rules by quoting from an inadmissible report and not disclosing it was unadmitted. The Board adopted the WCJ's report recommending denial based on admitted evidence and the defendant's procedural missteps.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary DisabilityMedical EvidenceQualified Medical EvaluatorPetition for ReconsiderationReport and RecommendationAppeals Board Rule 10842Admitted EvidenceMaterial Evidence
References
0
Case No. ADJ6677398
Regular
Apr 04, 2013

ROSA SILLAS vs. QUICK CREATIONS USA, GALLAGHER BASSETT

This case involves a Petition for Reconsideration filed by Prime Medical Resources on behalf of certain lien claimants concerning Rosa Sillas' workers' compensation claim. The Board denied the petition, adopting the WCJ's report which found that Prime Medical Resources lacked standing as they were not the attorneys or representatives of record for the lien claimants. Furthermore, the petition was improperly filed and included extraneous documents, violating Board rules. Prime Medical Resources was admonished for these procedural missteps.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJBoard Rule 10550Rule 10842(c)Lien ClaimantCompromise & ReleasePetition for dismissalAdmonishEAMS
References
0
Case No. ADJ10856280
Regular
Aug 16, 2019

JOHN CAMPBELL, (deceased) vs. CITY OF RED BLUFF FIRE DEPARTMENT, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding a prior order and finding all four Qualified Medical Evaluator (QME) panels invalid due to errors in claim numbers and procedural missteps. The Board determined that due to multiple panel failures and the employee's passing, the parties must agree to an Agreed Medical Evaluator (AME) within 15 days. If an AME cannot be agreed upon, the administrative law judge will appoint a physician.

Qualified Medical EvaluatorQME panelPetition for RemovalFindings and OrderAgreed Medical EvaluatorAMELabor Code Section 5701Administrative Director Rule 31.5Administrative Director Rule 30(c)Code of Civil Procedure Section 1013
References
2
Case No. ADJ4333259 (SAC 0320510) ADJ2035410 (SAC 0320511) ADJ190774 (SAC 0320512) ADJ4455812 (SAC 0344037) ADJ1944370 (SAC 0351922)
Regular
Feb 07, 2011

Christina Aguillon vs. REGIONAL TRANSIT, GREGORY BRAGG & ASSOCIATES; YORK INSURANCE SERVICES SACRAMENTO

The defendant, Regional Transit, petitioned for removal after the WCJ rescinded an order compelling a medical examination, alleging an ex parte discussion with the applicant's attorney violated procedural rules. While the Board agreed the ex parte communication and procedural missteps occurred, they denied removal because the underlying medical examination date had passed, and the issue would be heard on the merits at a conference. The Board found no substantial prejudice to the defendant. However, the applicant's prior attorney's conduct was deemed unprofessional and subject to potential future sanctions.

Petition for RemovalRescinded OrderEx Parte CommunicationWCAB Rule 10324(c)Court Administrator Rule 10281Petition to Compel AttendanceAgreed Medical EvaluationObjectionMinutes of HearingWCJ
References
0
Case No. ADJ4332905
Regular
Nov 19, 2015

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) dismissed California Physicians Network's (CPN) petition for reconsideration because it was untimely, improperly challenged an interim order, and was neither signed nor properly verified. The WCAB also granted removal on its own motion to issue a notice of intention to impose a $2,500 joint and several sanction against CPN and Dennise Mejia for frivolous actions. This stems from CPN's failure to appear at a lien conference and subsequent procedural missteps. Notably, CPN and Mejia have a history of similar sanctionable conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantDismissalSanctionsLabor Code section 4907Labor Code section 5813Appeals Board Rule 10561Failure to AppearNotice of Intent to Dismiss
References
20
Showing 1-10 of 25 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