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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10577615

Regular

Jul 27, 2018

MARC PARUTA vs. ROBERT HALF CORPORATION, XL INSURANCE AMERICA, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the employer's Petition for Reconsideration because it was filed against a non-final order concerning an evidentiary issue, not a substantive right or liability. The WCAB also denied the employer's Petition for Removal, finding no showing of substantial prejudice or irreparable harm required for this extraordinary remedy. The administrative law judge's decision to deny a replacement Qualified Medical Evaluator panel was upheld. Therefore, the employer's procedural challenges were unsuccessful.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm

References

Case No. ADJ7994981

Regular

Feb 19, 2013

Timothy Sabedra vs. Magic Messenger, Inc., Gallagher Bassett Services

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior decision, finding the applicant, Timothy Sabedra, was an employee of Magic Messenger, Inc. The Board found that despite a transportation agreement designating Sabedra as an independent contractor, Magic Messenger exercised sufficient control over his work. Key factors included the provision of employee handbooks, mandated uniforms, start times, and dispatch radio use, all indicating an employer-employee relationship.

WORKERS COMPENSATION APPEALS BOARDIndependent ContractorEmployee StatusRight to Control TestBorello TestTruck DriverMagic Messenger Inc.Gallagher Bassett ServicesTimothy SabedraLabor Code Section 3351

References

Case No. ADJ15875592; ADJ16732971

Regular

Aug 25, 2025

JAIME LLAMAS vs. CITY OF ANAHEIM, CITY OF DOWNEY

Applicant Jaime Llamas, a police officer, sustained a cumulative brain injury (cancer) while employed by the City of Downey and the City of Anaheim. The WCJ found both employers jointly and severally liable. Defendant City of Downey sought reconsideration, challenging the last injurious exposure and their liability for temporary disability. The Appeals Board granted reconsideration, rescinded the original Findings and Award, and substituted new findings. The Board confirmed the cumulative injury, clarified employment periods, affirmed the industrial presumption for both employers, established a specific liability period (December 21, 2016, through December 21, 2017) based on medical evidence of latency, and deferred issues of contribution between the employers.

Workers' Compensation Appeals BoardCity of AnaheimCity of DowneyLabor Code section 4850Labor Code section 3212.1Labor Code section 5500.5last injurious exposurecumulative injurypolice officerbrain cancer

References

Case No. ADJ11075823 (MF); ADJ11130118; ADJ11703310

Regular

Sep 13, 2022

MICHAEL PERRY vs. S2 HR SOLUTIONS 1 D, LLC, BALANCE ENERGY, LLC, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, INC., COSTCO WHOLESALE CORPORATION, HELSMAN MANAGEMENT SER

The Workers' Compensation Appeals Board (WCAB) denied Michael Perry's petitions for reconsideration, removal, and disqualification. The WCAB adopted the reasoning of the Workers' Compensation Judge (WCJ) who found the petitions lacked merit. Specifically, Perry's claims regarding the exclusion of evidence, reinstatement of a prior Labor Code section 132a petition, and disqualification of the WCJ were denied. The Board found the WCJ's rulings were based on proper legal grounds and that Perry failed to demonstrate substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardReconsiderationRemovalDisqualificationPetitionLabor Code § 132aLabor Code § 4553Serious and willful misconductVexatious litigantCompromise and release

References

Case No. ADJ7081998

Regular

Dec 13, 2016

Frank McConnell vs. J. L. Bray, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, remanding the case for further proceedings. The Board found the record required further development regarding the applicant's claimed psychiatric injury, as medical opinions were ambiguous and evaluators did not have complete information. The Board also noted the absence of formal rating instructions and the need for evaluators to consider the impact of other specialists' findings on their own assessments. Finally, the Board will not address temporary disability at this time.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderAdministrative Law JudgePermanent Partial DisabilityTemporary DisabilityOrbital FracturePsychiatric InjuryLabor Code Section 3208.3Vocational Opinion

References

Case No. ADJ7789914

Regular

Aug 15, 2013

CARMEN CAMPOS vs. THE BICYCLE CASINO, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration and removal. The petition challenged an order dismissing the lien for failure to pay an activation fee. The WCAB found the petition untimely, as it was filed well after the statutory deadline following the order's service. Furthermore, the WCAB noted that even if timely, the lien claimant's excuses for non-payment were insufficient to overcome the mandatory statutory requirements.

Lien activation feePetition for reconsiderationPetition for removalDismissal of lien claimUntimely petitionDesignated serviceFinal orderMedical-legal expenseLabor Code section 4903.06Code of Civil Procedure section 473(b)

References

Case No. SAU2545427

Regular

Aug 09, 2019

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

Lien claimants sought to disqualify the workers' compensation judge, alleging bias and prejudgment of the case. The appeals board denied the petition, finding the claimants failed to provide objective evidence of bias. The board noted the judge's actions, such as continuing the matter to allow for proper notice, did not demonstrate enmity or prejudgment. Furthermore, the judge's statements in his report were deemed proper expressions of opinion within his official duties and not grounds for disqualification.

Petition for DisqualificationWCJLien ClaimantsWCAB Rule 10452Labor Code Section 5311Code of Civil Procedure Section 641Report and RecommendationDeclarationMandatory Settlement ConferencePetition to Vacate

References

Case No. ADJ 8937991

Regular

May 23, 2017

ANTONIO PIERCE vs. WASHINGTON REDSKINS, ACE AMERICAN INSURANCE AND TRAVELERS, NEW YORK FOOTBALL GIANTS, INC., GREAT DIVIDE INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over a professional football player's cumulative injury claim. The applicant asserts he was hired in California by the Washington Redskins and New York Football Giants, Inc., triggering WCAB jurisdiction. Defendants argued against jurisdiction, citing limited California contacts and employment contracts specifying other state laws. The WCAB affirmed the judge's finding of jurisdiction, holding that the applicant's hiring in California is sufficient to establish subject matter jurisdiction under Labor Code sections 3600.5 and 5305, irrespective of other contacts.

Workers' Compensation Appeals BoardAntonio PierceWashington RedskinsACE American InsuranceTravelersNew York Football GiantsGreat Divide Insurance Companyjurisdictioncontract of hireFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)

References

Case No. ADJ12202677

Regular

Jun 18, 2025

ANA MONZON vs. IHOP, TECHNOLOGY INSURANCE COMPANY

Applicant Ana Monzon sought reconsideration of an April 1, 2025 Findings, Awards and Order (F&A) regarding an industrial injury sustained while employed as a waitress for IHOP. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the F&A, and deferred issues related to permanent disability, apportionment, and attorney fees. The matter was returned to the trial level for further development of the record, particularly concerning psychiatric impairment. The WCAB affirmed the WCJ's original finding that the applicant did not sustain injuries to her eyes or internal systems.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Awards and OrderQualified Medical Evaluatortreating physicianindustrial injurycervical spineright shoulderpsycheophthalmology

References

Case No. ADJ9298865

Regular

Oct 14, 2019

Oscar Scagliotti vs. Elmore Toyota

This case concerns Oscar Scagliotti's claim of retaliatory termination by Elmore Toyota in violation of Labor Code section 132a. The Appeals Board rescinded the prior decision, finding that Scagliotti established a prima facie case by showing his termination occurred immediately after he left work for industrial injury treatment. The Board found Elmore Toyota's stated reason of leaving without permission was not credible and contradicted by the close temporal proximity to his injury notification and deviation from standard procedures. Compensation and penalties are deferred pending further proceedings at the trial level.

Labor Code 132aRetaliationDiscriminationIndustrial InjuryPrima Facie ClaimTerminationReconsiderationWorkers' Compensation Appeals BoardMedical TreatmentDisadvantageous Treatment

References

Showing 1-10 of 1,089 results

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10577615

Regular

Jul 27, 2018

MARC PARUTA vs. ROBERT HALF CORPORATION, XL INSURANCE AMERICA, INC.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm

References

Case No. ADJ7994981

Regular

Feb 19, 2013

Timothy Sabedra vs. Magic Messenger, Inc., Gallagher Bassett Services

References

Case No. ADJ15875592; ADJ16732971

Regular

Aug 25, 2025

JAIME LLAMAS vs. CITY OF ANAHEIM, CITY OF DOWNEY

References

Case No. ADJ11075823 (MF); ADJ11130118; ADJ11703310

Regular

Sep 13, 2022

MICHAEL PERRY vs. S2 HR SOLUTIONS 1 D, LLC, BALANCE ENERGY, LLC, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, INC., COSTCO WHOLESALE CORPORATION, HELSMAN MANAGEMENT SER

Workers' Compensation Appeals BoardReconsiderationRemovalDisqualificationPetitionLabor Code § 132aLabor Code § 4553Serious and willful misconductVexatious litigantCompromise and release

References

Case No. ADJ7081998

Regular

Dec 13, 2016

Frank McConnell vs. J. L. Bray, State Compensation Insurance Fund

References

Case No. ADJ7789914

Regular

Aug 15, 2013

CARMEN CAMPOS vs. THE BICYCLE CASINO, INC.

References

Case No. SAU2545427

Regular

Aug 09, 2019

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

References

Case No. ADJ 8937991

Regular

May 23, 2017

ANTONIO PIERCE vs. WASHINGTON REDSKINS, ACE AMERICAN INSURANCE AND TRAVELERS, NEW YORK FOOTBALL GIANTS, INC., GREAT DIVIDE INSURANCE COMPANY

References

Case No. ADJ12202677

Regular

Jun 18, 2025

ANA MONZON vs. IHOP, TECHNOLOGY INSURANCE COMPANY

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Awards and OrderQualified Medical Evaluatortreating physicianindustrial injurycervical spineright shoulderpsycheophthalmology

References

Case No. ADJ9298865

Regular

Oct 14, 2019

Oscar Scagliotti vs. Elmore Toyota

Labor Code 132aRetaliationDiscriminationIndustrial InjuryPrima Facie ClaimTerminationReconsiderationWorkers' Compensation Appeals BoardMedical TreatmentDisadvantageous Treatment

References

Showing 1-10 of 1,089 results

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