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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. ADJ9191048, ADJ9191050
Regular
Jul 18, 2016

TERRANCE MARTINEZ vs. MK ROOFING, INC., STATE COMPESNATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration to set aside an Order of Dismissal for Lack of Prosecution. The dismissal was problematic because the defendant's notice letter was sent over sixteen months prior to the dismissal petition, and the applicant's counsel claims never to have received the dismissal petition itself, thus denying due process. Furthermore, a motion for the applicant's attorney to withdraw was pending at the time of dismissal. The Board rescinded the dismissal order and returned the case to the trial level for further proceedings, emphasizing the public policy favoring hearing cases on their merits.

Workers' Compensation Appeals BoardOrder of Dismissal for Lack of ProsecutionPetition for ReconsiderationWCJNotice of IntentionPetition for DismissalWCAB Rule 10582NoticeOpportunity to be heardApplicant's attorney
References
Case No. ADJ4250427 (MON 0359204)
Regular
Sep 16, 2011

ANA AGUILAR vs. METRO BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Ana Aguilar's claim for lack of prosecution. The Board found that applicant's attorney was relieved as counsel and had lost contact with the applicant prior to the dismissal order, raising due process concerns. The dismissal order was based on a defendant's petition and a notice of intention to dismiss, but the Board found no evidence that the applicant actually received these notices. Therefore, the matter was returned to the trial level to ensure the applicant has an opportunity to be heard.

WCAB Rule 10582dismissal for lack of prosecutionex parte orderdue processlack of noticepetition for dismissalnotice of intention to dismissmotion to be relieved as counselcumulative traumamaintenance worker
References
Case No. ADJ17611095; ADJ17611096
Regular
Feb 21, 2025

ALEXANDRYA WOLFE vs. CLAIRES AND STONINGTON INSURANCE CO, GALLAGHER BASSETT

Applicant Alexandrya Wolfe sought reconsideration of a WCJ's Order of Dismissal for inactivity in two cases (ADJ17611095, ADJ17611096). Applicant argued they were receiving medical care and were ready to proceed, having filed objections to both the defendant's petition to dismiss and the WCJ's notice of intention to dismiss. The Workers' Compensation Appeals Board reviewed the petition, answer, and WCJ's report. The Board determined that the WCJ erred by dismissing the cases without properly addressing applicant's objections or setting the matter for a hearing, thereby violating due process. Consequently, the Board granted the petition for reconsideration, rescinded the Orders of Dismissal, and returned the matter to the WCJ for further proceedings.

WCAB Rule 10550Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissLack of ProsecutionMedical TreatmentReady Willing AblePetition to Dismiss Inactive CaseMandatory Settlement ConferenceHearing Representative
References
Case No. ADJ16866401
Regular
Mar 28, 2025

SASHA OLIVERA vs. ASSIL EYE INSTITUTE, THE HARTFORD

Applicant Sasha Olivera sought reconsideration of a December 27, 2024 Order of Dismissal of Case, which dismissed her claim without prejudice due to alleged lack of prosecution. Her attorney explained that he had lost contact with Olivera but had since re-established communication, asserting she was ready to proceed. The Workers' Compensation Appeals Board found the Workers' Compensation Administrative Law Judge's notice of intent to dismiss and the subsequent dismissal order were premature, as the earliest date for dismissal under WCAB Rule 10550(a) was August 21, 2025. Consequently, the Board granted the Petition for Reconsideration, rescinded the dismissal order, and returned the matter to the trial level for further proceedings.

WCABPetition for ReconsiderationOrder of DismissalLack of ProsecutionWCAB Rule 10550(a)Notice of Intent to DismissPetition to Dismiss Inactive CaseDeclaration of Readiness to ProceedStatus ConferenceLabor Code Section 5909
References
Case No. ADJ8730365 ADJ8730366
Regular
Sep 13, 2016

JAVIER ZAVALA vs. WESTERN PACIFIC ROOFING CORP., SUSSEX INSURANCE COMPANY

This case involves lien claimants Mobile Radiological and Comet Radiology whose liens were dismissed after they failed to appear at a lien conference and respond to Notices of Intention to Dismiss. The Appeals Board granted reconsideration because the lien claimants' liens were filed in case ADJ8730366, but the conference and subsequent dismissal notices pertained to case ADJ8730365. Furthermore, proof of service for the dismissal notices was improperly filed only in the unrelated case. The Board rescinded the dismissal orders and returned the matter for further proceedings.

Petition for ReconsiderationOrders Dismissing LiensNotice of Intention to Dismiss LiensLien ConferenceDeclaration of ReadinessNotice and Request for Allowance of LienProof of ServiceElectronic Adjudication Management SystemWCAB Rule 10770.1Improper Service
References
Case No. ADJ7349833
Regular
Jun 10, 2014

JOSE MARCOS, (JOSE MENDOZA) vs. VIP SEAFOOD AND POULTRY MARKET, STAR INSURANCE COMPANY, Administered By ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board (WCAB) rescinded a dismissal order, finding the applicant was denied due process. The applicant's current attorneys were not properly served with notice of the intention to dismiss or given an opportunity to be heard. The WCAB noted the applicant had actively pursued his case, including filing an amended application and attending a deposition. Therefore, the case was not dismissed for lack of prosecution.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseAmended Application for Adjudication of ClaimLaw Offices of Kenneth ForbesHinden & BreslavskyElectronic Adjudication Management System (EAMS)Petition for DismissalNotice of Intention to Dismiss Caselack of prosecution
References
Case No. ADJ880264 (AHM 0133336)
Regular
Apr 19, 2017

DANIEL MEDINA vs. CONTROL AIR CONDITIONING, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration and rescinded the dismissal of his case. The dismissal was deemed a violation of due process because the applicant did not receive adequate notice that his case would be dismissed based on his personal appearance at the June 26, 2017 trial or his alleged lack of participation. The WCAB found that the original Notice of Intention to Dismiss was solely based on failure to appear at the May 15, 2017 trial, and the applicant's request for an opportunity to be heard on these issues was improperly denied. Consequently, the matter was returned to the trial level for further proceedings, ensuring the applicant's right to a fair hearing.

Petition for ReconsiderationDismissal of CaseNotice of Intention to DismissDue ProcessFailure to AppearAttorney Calendaring ErrorReport and RecommendationWorkers' Compensation JudgeWCABFindings of Fact
References
Case No. ADJ7242258
Regular
Feb 21, 2012

ANGELICA ALVARADO vs. SIZZLER, INTERCARE, AMERICAN CLAIMS

This case involves an applicant seeking reconsideration of a WCAB order dismissing her workers' compensation claim for lack of prosecution. The applicant's claim was dismissed under WCAB Rule 10582 after the defendant filed a petition and the WCJ issued a notice of intention to dismiss. Although the applicant filed timely objections stating she was continuing discovery and treatment, the WCJ proceeded with the dismissal. The majority denied reconsideration, noting the dismissal was without prejudice, allowing the applicant to refile or seek to set aside the order. One Commissioner dissented, arguing the dismissal abused discretion given the timely objections and that the majority's solution creates unnecessary procedural hurdles, contradicting the system's goal of expeditious resolution.

WCAB Rule 10582Petition for ReconsiderationOrder Dismissing CaseLack of ProsecutionNotice of Intention to DismissGood CauseObjections to DismissalDiscovery ContinuesMedical TreatmentLabor Code Section 5803
References
Showing 1-10 of 12,623 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