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. ADJ8609528
Regular
MISSING

DIDIER PARIENTE vs. NOBU MALIBU, ADVANTAGE WORKERS' COMPENSATION INSURANCE, PINNACLE RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding of an industrial injury to the applicant, Didier Pariente. The Board adopted the administrative law judge's report and reasoning, emphasizing that the injury must *arise out of and occur in the course of employment*, rather than simply being sustained "in the course and scope of employment." The Board also directed parties and the judge to use the correct legal terminology moving forward. Therefore, the applicant's industrial injury claim stands as affirmed.

Petition for ReconsiderationWCJ reportindustrial injurycourse and scope of employmentcourse of employmentLab. Code§ 3600Workers' Compensation Appeals BoardNOBU MALIBUAdvantage Workers' Compensation Insurance
References
0
Case No. MISSING
Regular Panel Decision

Malibu Media, LLC v. John Does 1-5

Plaintiff Malibu Media, LLC filed a lawsuit against five John Doe defendants for copyright infringement, alleging they illegally downloaded and uploaded the film 'Tiffany Sex with a Supermodel' using the BitTorrent protocol. Defendant John Doe No. 4 moved to sever and dismiss the action, arguing that the defendants were improperly joined under Federal Rule of Civil Procedure 20(a)(2). District Judge Naomi Reice Buchwald denied Doe 4's motion, finding that participation in the same BitTorrent swarm satisfied the 'same transaction, occurrence, or series of transactions or occurrences' requirement for joinder. The court also declined to exercise its discretion to sever, citing factors such as the ability for defendants to litigate anonymously and the limited number of defendants in the case.

Copyright InfringementBitTorrent ProtocolPeer-to-Peer File SharingJoinder of DefendantsFederal Rule of Civil Procedure 20(a)(2)Digital CopyrightPornographic FilmsMotion to SeverJohn Doe DefendantsIP Address Identification
References
14
Case No. ADJ9319071
Regular
May 12, 2017

ANA OCHOA vs. MALIBU COLONY MAIDS, INC.

The Appeals Board dismissed Ana Ochoa's petition for reconsideration because it was filed from an interlocutory order, not a final decision determining substantive rights or liabilities. Removal was also denied as Ochoa failed to demonstrate substantial prejudice or irreparable harm. The Board adopted the WCJ's report, finding that neither reconsideration nor removal was appropriate at this procedural stage.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural OrderEvidentiary DecisionExtraordinary Remedy
References
6
Case No. ADJ134197 (AHM 0127159)
Regular
Aug 27, 2012

JOSEPHINE MIRANO vs. A&B MALIBU PLUMBING, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered a WCJ's decision disallowing medical treatment liens for applicant Josephine Mirano. The WCAB affirmed the disallowance of liens for California Pharmacy Management and Long Beach Prescription Pharmacy, finding their treatment was not reasonable and necessary. However, the WCAB amended the order to defer the issue of Dr. Ainbinder's lien, remanding it to the WCJ for further proceedings and a new decision due to unclear consideration of evidence regarding his primary treating physician status and treatment necessity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLien claimantsReasonable and necessary treatmentPrimary treating physicianIndustrial injuryLumbar spine injuryAgreed Medical EvaluatorCompromise and Release
References
5
Case No. MON 0292635
Regular
May 20, 2008

ZENA GARCIA vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

The Appeals Board denied the lien claimant's petition for reconsideration, upholding the administrative law judge's decision that the lien claimant failed to meet its burden of proving the reasonableness of its charges for surgery. Despite prior direction to develop the record regarding rebuttal evidence, the lien claimant presented no further evidence, leaving its charges appearing disproportionate. The Board affirmed the use of the 2004 fee schedule as a guide to establish the reasonable value of the services.

KunzOutpatient Surgery Fee ScheduleReconsiderationLien ClaimantReasonable ValueRebuttal EvidenceBurden of ProofGeographic ComparablesComparative StudyIndustrial Injury
References
2
Case No. LAO 0855472
Regular
Jul 14, 2008

PETE PATTERSON vs. SANTA MONICA/MALIBU UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the administrative law judge's award of $1,660.00 for medical services. The Board clarified that lien claimants bear the burden of proving the reasonableness of their charges. The decision emphasizes that the WCJ can consider all competent evidence to determine reasonableness, not just specific types of rebuttal evidence from the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFinding and AwardWCJNotice and Request for Allowance of LienEpidural InjectionsCumulative InjuryPermanent DisabilityBurden of Proof
References
7
Case No. ADJ9713798
Regular
Dec 20, 2019

BRIGETTE LEONARD vs. SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT

The Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant sustained a catastrophic injury under Labor Code section 4660.1(c)(2)(B). While rejecting the WCJ's reliance on psychiatric injury to deem the physical injury catastrophic, the Board found sufficient independent evidence. Applicant's industrial thyroid cancer, requiring lifelong treatment including thyroidectomy and radioactive iodine, alongside GERD and hypertension, supports the catastrophic designation. This designation allows for an increased impairment rating for her psychiatric disability.

Labor Code section 4660.1(c)(2)(B)catastrophic injurypsychiatric injuryimpairment ratingthyroid cancerWilson v. State of CA Cal FireADLscumulative exposuretotal thyroidectomyradioactive iodine therapy
References
1
Case No. ADJ6927641
Regular
Oct 24, 2016

Victor Arredondo vs. Scott Linskey dba Malibu Coast Nursery and Landscapes, Willy Arredondo, Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original findings. The Board found the initial decision insufficient because it failed to address whether the applicant was employed by Willy Arredondo or as a dual employee of both Willy Arredondo and Scott Linskey. Furthermore, the Board determined that the applicant had met his initial burden of proving services rendered, shifting the burden to the employer to rebut the presumption of employment. The case is returned for further proceedings to make findings on employment status, independent contractor status, and any exclusions to coverage.

Workers' Compensation Appeals BoardReconsiderationFindings of FactBurden of ProofEmploymentDual EmployersPresumption of EmploymentIndependent ContractorExcluded EmployeeBorello
References
6
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