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. ADJ7040878
Regular
Dec 28, 2011

PATRICIA FINKS vs. EXXON MOBIL CORPORATION, PETROLEUM CASUALTY COMPANY C/O EXXON MOBIL RISK MANAGEMENT SERVICES, INC.

This case involves Biocare RX Specialty Pharmacy's untimely petition for reconsideration of an order disallowing their lien claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed on October 31, 2011, well past the jurisdictional deadline of twenty-five days from the August 11, 2011 service of the original order. The WCAB emphasized that petitions for reconsideration are deemed filed upon receipt, not mailing, and that the time limit is jurisdictional. Therefore, the WCAB lacked the power to grant the untimely petition.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Disallowing LienLien ClaimantWCJuntimely petitionjurisdictional time limitLabor Code section 5903Code of Civil Procedure section 1013WCAB Rule 10507
References
Case No. ADJ14138679
Regular
Jun 16, 2025

Enrique Dominguez vs. Via Transportation, Inc.; United States Fire Insurance Company

The Workers' Compensation Appeals Board granted applicant Enrique Dominguez's petition for reconsideration of a March 3, 2025 Findings and Award. The initial F&A found Dominguez to be an independent contractor, not an employee, of Via Transportation, Inc. The Appeals Board rescinded the F&A, ruling that the workers' compensation administrative law judge (WCJ) erred by not properly applying the burden of proof on the defendant to rebut the employment presumption under Labor Code section 2775 and Business and Professions Code section 7451. The case has been returned to the trial level for further proceedings consistent with the Board's decision.

Independent contractoremployment presumptionABC testProposition 22Business and Professions Code Section 7451network companyright to controlburden of proofdriver partnerTNC platform
References
Case No. ADJ1525428 (LBO 0291145)
Regular
Nov 12, 2013

RAYMOND BARRIOS vs. IRWIN INDUSTRIES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For CALIFORNIA COMPENSATION INSURANCE COMPANY, In Liquidation, MOBIL CORPORATION, PETROLEUM CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted a defendant's Petition for Reconsideration in the case of Raymond Barrios. The WCAB found that reconsideration was necessary to thoroughly review the factual and legal issues presented. This will allow for a complete understanding of the record and ensure a just decision. Further proceedings may be determined to be appropriate. All future communications must be filed in writing with the WCAB Commissioners' office and not with district offices or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationIrwin IndustriesCalifornia Insurance Guarantee AssociationMobil CorporationPetroleum Casualty CompanyStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ2444756
Regular
Jan 25, 2010

MICHAEL FEILER vs. COUNTY OF VENTURA

The Workers' Compensation Appeals Board affirmed a prior award finding that applicant sustained an industrial injury to his shoulders, back, and neck. The defendant sought reconsideration, arguing the medical evidence was insufficient and the injury was not work-related. However, the Board found the physician's report, detailing the arduous nature of the applicant's job duties involving lifting and manipulating bodies, constituted substantial evidence. This finding was further supported by applicant's and a co-worker's testimony regarding the physically demanding work.

Cumulative injuryDeputy medical examinerIndustrial injuryWorkers' compensationReconsiderationJoint Findings and Award and OrderSubstantial medical evidenceArising out of and in the course of employmentTemporary disabilitySelf-procured medical treatment
References
Case No. ADJ3139011 (WCK 0039676) ADJ3737138 (WCK 0039682) ADJ2116694 (WCK 0039685)
Regular
Dec 09, 2008

Diane Pearson vs. Gray C Home Care, Republic Indemnity Company of America

The Workers' Compensation Appeals Board (WCAB) rescinded the original award and remanded the case for further proceedings to allow for full determination of all deferred issues. The WCAB agreed that the applicant is totally permanently disabled and ordered a new final decision addressing all outstanding issues, including potential cardiovascular injuries and medical necessity of mobility equipment, to clarify all injured body parts and potentially issue a non-apportioned award. This decision aims to ensure all relevant evidence is considered before a final determination of the applicant's entitlement to benefits.

Workers' Compensation Appeals BoardReconsiderationFindings Order and AwardAdministrative Law JudgePermanent DisabilityApportionmentLife PensionMedical NecessityDeep Vein ThrombosisStroke
References
Case No. ADJ6841263
Regular
Apr 22, 2014

SHERYL WILLIS vs. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

This case concerns an applicant's petition for reconsideration of a denial for a lightweight mobility scooter. The applicant argued the administrative director's determination was plainly erroneous and that the relevant Labor Code sections were unconstitutional. The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to raise new issues or challenge constitutionality within their power. The Board also admonished both parties' counsel for unprofessional conduct.

Labor Code Section 4610.6Petition for ReconsiderationAdministrative DirectorIndependent Medical ReviewLightweight Mobility ScooterLabor Code Section 4600Plainly Erroneous Finding of FactBias on Basis of DisabilityConstitutional ChallengeScope of Review
References
Case No. ADJ4303823
Regular
Dec 11, 2008

GLORIA BUSTOS vs. BAYSIDE SERVICES/STAFFING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION through their servicing facility CAMBRIDGE INTEGRATED SERVICES, INC., for LEGION INSURANCE COMPANY, in liquidation

The Appeals Board affirmed the WCJ's denial of retroactive VRMA, finding that merely listing vocational rehabilitation as an issue in applications did not establish a good faith demand for services. However, the Board rescinded the denial of attorney's fees under LC 5814.5, remanding the issue for further determination in light of the en banc decision in *Ramirez v. Drive Financial Services*. This ruling clarifies that LC 5814.5 applies to delays occurring after January 1, 2003, regardless of the injury date.

Workers' Compensation Appeals BoardVocational Rehabilitation Maintenance AllowanceQualified Injured WorkerLabor Code section 5814.5Date of InjuryDate of AwardApplication for Adjudication of ClaimGood Faith DemandRehabilitation UnitUnreasonable Delay
References
Case No. ADJ8005489
Regular
May 30, 2013

CLAUDIA MONTOYA vs. AGE ADVANTAGE HCS, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim filed by Firstline Health. The lien was dismissed because Firstline failed to pay the required lien activation fee and did not appear at the lien conference. Although Firstline claimed an oral settlement agreement existed, the evidence presented was a settlement demand, not a finalized agreement. The Board upheld the dismissal, finding Firstline violated Labor Code Section 4903.06.

WCABPetition for ReconsiderationWCJLien ClaimantLien Activation FeeLabor Code § 4903.06Dismissal with PrejudiceCompromise and ReleaseOral AgreementLien Claimant Demand Letter
References
Case No. ADJ4636269
Regular
Jan 27, 2014

JOSEPH VALDEZ vs. SUSANA WOODS dba SIMI VALLEY MOBILE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration based on the judge's report. The judge found the applicant lacked credibility due to significant inconsistencies in his testimony regarding the injury mechanism and his employer's response. Furthermore, the judge determined the applicant was not employed on the date of the alleged injury, a critical prerequisite for a workers' compensation claim. The Board adopted the judge's findings and incorporated the report's reasoning into its decision.

ADJ4636269SUSANA WOODS dba SIMI VALLEY MOBILESTATE COMPENSATION INSURANCE FUNDPetition for Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workmen's Comp. App. Bd.credibilityDr. CapenSouthern California Orthopedic Institute
References
Case No. ADJ360272 (LAO 0753159)
Regular
Dec 02, 2011

RAMON ARMIENTA vs. MERTZ/DEL AMO MOBILE PARK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, A CRAWFORD COMPANY, SUPERIOR NATIONAL INSURANCE COMPANY

This case involves a workers' compensation appeal where the defendant challenges the WCJ's award of lien claims for medical services. The defendant argues that the lien claimants failed to meet their burden of proof to establish the reasonableness of their fees, as required by law. The Appeals Board granted reconsideration, finding that the WCJ erred by not requiring the lien claimants to prove the reasonableness of their charges. Consequently, the case is remanded for further proceedings to determine the reasonableness of the lien claimants' claims.

Workers Compensation Appeals BoardCalifornia Insurance Guarantee AssociationSuperior National Insurance CompanyLiquidationMertz Del Amo Mobile Home ParkRamon ArmientaLien claimantsReasonableness of feesBurden of proofTapia v. Skill Master Staffing
References
Showing 1-10 of 74 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