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. ADJ695479 (RIV 0055748)
Regular
Jan 02, 2015

JOSE MONTIEL vs. CAL-TECH PRECISION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. The Board rescinded the previous decision and returned the case to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge. This is not a final decision on the merits of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ decisionRescindedReturned to trial levelFurther proceedingsDecision after reconsiderationUninsured Employers Benefits Trust FundCal-Tech PrecisionJose Montiel
References
Case No. STK 0205488
Regular
May 13, 2008

MICHAEL MONTIEL vs. STOCKTON SCAVENGERS dba WASTE MANAGEMENT, ACE AMERICAN INSURANCE by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address the employer's claim that the applicant earned income from a trucking business during his temporary total disability. While the original award found temporary disability, the Board amended it to allow credit for applicant's reported net earnings of $1,200 per month from his self-owned trucking business. The case was returned to the trial level for further proceedings and adjustment of temporary disability payments.

Workers' Compensation Appeals BoardStockton ScavengersWaste ManagementMichael MontielACE American InsuranceGallagher Bassett ServicesSTK 0205488Opinion and Order Granting ReconsiderationFindings and Awardindustrial injury
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. RIV 0055748
Regular
Feb 20, 2008

JOSE MONTIEL vs. CAL TECH PRECISION, INC., UNINSURED

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the judge's findings that the applicant sustained an industrial back injury, requiring surgery, and is entitled to ongoing temporary disability benefits. The Board found the defendant's arguments regarding changing physicians and the timing of the surgery were inapplicable or unsupported by the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryTemporary DisabilitySpinal SurgeryTenet DefenseRushingLabor Code Sections 4061
References
Case No. ADJ7936482
Regular
Apr 20, 2020

EXTELA MONTIEL vs. MICRO SOLUTIONS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration to further study factual and legal issues concerning an applicant's permanent disability award. Key disputes involve the correct permanent disability indemnity rate, with the defendant arguing for a lower weekly rate based on the injury date, and the validity of the $60\%$ permanent disability finding due to conflicting medical opinions. The Board found deficiencies in the medical evidence regarding psychiatric permanent disability and issues with the apportionment of that disability. Consequently, the Board deferred resolution of temporary disability, the EDD lien, permanent disability, apportionment, and the permanent disability rate pending further record development.

Petition for ReconsiderationFindings and AwardSupervising assemblerAdmitted industrial injuryNon-admitted injuryCervical spinePsychePermanent disabilityLabor Code section 4658(d)GAF
References
Case No. ADJ2506800 (VNO 0481347) ADJ2668930 (VNO 0540303)
Regular
May 10, 2010

CANDIDA MONTIEL vs. THOR OF CALIFORNIA, Permissibly SelfInsured, Administered by CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Bloch Medical Clinic. The Board found the WCJ erred by deeming Bloch's medical-legal reports duplicative and worthless. The Board determined these reports were properly obtained as rebuttal to defendant's evaluations, and their value, not entitlement, was the issue. Therefore, the defendant is liable for the expense of Bloch's medical-legal reports, with the exact reimbursement amount to be adjusted by the parties or determined by the WCJ.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderMedical-Legal ReportDuplicative ServicesLabor Code Section 4062(a)Permanent and Stationary ReportCompromise and ReleaseThomas Finding
References
Case No. ADJ1494233 (AHM 0129018)
Regular
Aug 15, 2011

PAUL MONTIEL vs. M & C FORKLIFT, INC., STATE COMPENSATION INSURANCE FUND

Defendant M&C Forklift, Inc. sought reconsideration to set aside a stipulated workers' compensation award. They argued applicant's counsel improperly added a clause incorporating an agreed medical evaluation report's body parts after the defendant signed. The Board denied the petition, adopting the WCJ's reasoning. The Board found the defendant was not aggrieved as the medical report did not list specific body parts, and the applicant stipulated no psyche injury. The Board noted drafting issues but found them insufficient to invalidate the award.

Stipulated AwardReconsiderationAgreed Medical EvaluationLeft Upper ExtremityInternal InjuryBody PartsAgreed Medical EvaluatorStandiford Helm IIM.D.Cognitive Behavioral Therapy
References
Case No. ADJ13096148
Regular
Dec 03, 2020

JUSTINO MONTIEL vs. SOCAL FRAMINGS, INC., REDWOOD FIRE & CASUALTY INSURANCE, BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANIES

The applicant properly selected Dr. Patterson at Casa Colina as his treating physician for his admitted injury, as Casa Colina is listed as a provider within the defendant's Medical Provider Network (MPN). The Board affirmed the WCJ's decision, finding that an acknowledgment of MPN membership is not required for physicians who are shareholders, partners, or employees of a medical group that has elected to participate in the MPN. The defendant failed to provide evidence that Casa Colina's participation was limited to ancillary services. Therefore, the defendant's petition for reconsideration was denied.

Medical Provider NetworkMPNTreating PhysicianLabor Code Section 4600Expedited HearingFindings of FactAncillary ServicesMedical GroupUtilization ReviewPetition for Reconsideration
References
Showing 1-8 of 8 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