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. ADJ8162345, ADJ7959552
Regular
Oct 07, 2014

MARIA CHAVEZ MARTINEZ vs. RESTAURANT LEADERSHIP GROUP, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

Lien claimants' petitions challenging a WCJ's order denying their ex parte petition and ordering depositions were dismissed. The Board found the initial petition for reconsideration untimely, as it was filed 21 days after personal service, and the order was not a final one. The second petition for removal was denied as the lien claimants failed to demonstrate significant prejudice or irreparable harm, and the WCJ's reasoning was sound.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationPetition for RemovalUntimely PetitionFinal OrderEx Parte PetitionWCJ OrderDiscovery BurdenJurisdictional Time Limit
References
6
Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ10183569
Regular
Dec 26, 2017

LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision dismisses a petition for reconsideration and denies a petition for removal. The Board found the WCJ's order denying a petition to vacate without prejudice was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal, as the insurer failed to demonstrate substantial prejudice or irreparable harm from an order that preserves their right to address coverage issues at trial. The insurer can raise coverage disputes at the subsequent trial because the WCJ's prior order was not final.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueWithout PrejudiceSubstantial PrejudiceIrreparable HarmExtraordinary Remedy
References
6
Case No. ADJ9585531
Regular
Aug 28, 2017

Andres Reyes vs. PT WELDING INC.; BERKSHIRE HATHAWAY PASADENA

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant Andres Reyes's petition for reconsideration because it was filed against a non-final interlocutory discovery order. The WCAB also denied Applicant's petition for removal, finding no significant prejudice or irreparable harm, and directed the parties to resolve the discovery dispute through the Administrative Director. The original order denied Applicant's motion to quash a subpoena for his entire school records from iLearn Institute, which Applicant argued was irrelevant and invaded his privacy. Applicant's petition was dismissed as reconsideration is improper for non-final orders, and his removal petition was denied as he failed to demonstrate significant prejudice.

WACABPetition for ReconsiderationPetition for RemovalNon-final OrderInterlocutory OrderDiscovery OrderMotion to QuashSubpoena Duces TecumPrivacySignificant Prejudice
References
0
Case No. ADJ1117931 (LAO 0743685) ADJ1499748 (LAO 0743689) ADJ4716197 (LAO 0743687)
Regular
May 26, 2010

CARMEN LICEA vs. ZACKY FARMS; Administered By BUCKEYE CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's order denying the admission of additional evidence and witnesses was an interlocutory procedural order, not a final determination of substantive rights. The WCAB denied the applicant's petition for removal, finding no showing of prejudice or irreparable harm. Furthermore, the WCAB denied the applicant's petition to disqualify the WCJ, noting the lack of a required affidavit and finding no evidence of bias or enmity. Ultimately, all of the applicant's post-order filings were denied.

Workers' Compensation Appeals BoardCarmen LiceaZacky FarmsBuckeye Claims AdministratorsPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJDr. Procciwork function impairment form
References
8
Case No. ADJ358912 (GRO 0032620) ADJ1583814 (GRO 0032621)
Regular
Jun 21, 2010

ROSS COVELLO vs. CITY OF SANTA MARIA, Pecmissibly Self-Insured, GREGORY BRAGG & ASSOCIATES, Adjusting Agency

The Appeals Board dismissed the applicant's Petition for Reconsideration because the PWCJ's order setting the matter for trial was not a final order. The Board denied the applicant's request for removal, finding no showing of significant prejudice or irreparable harm justifying this extraordinary remedy. Additionally, the petition for disqualification was denied due to the applicant's failure to provide the required affidavit or declaration under penalty of perjury. The applicant's contentions regarding discovery, notice defects, counsel conflicts, and bias were found insufficient to warrant reconsideration or removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationPresiding Workers' Compensation Administrative Law JudgeDeclaration of ReadinessAgreed Medical ExaminerDiscovery ClosedMandatory Settlement ConferenceFinal Order
References
5
Case No. ADJ9341119, ADJ9340152
Regular
Jul 21, 2015

ROBERT BOYD (Deceased), JANICE BOYD vs. KELLY SERVICES, ESIS, TRAVELERS INSURANCE COMPANIES

This order dismisses a petition for reconsideration and denies a petition for removal. The Workers' Compensation Appeals Board found the underlying decision was an interim procedural order, not a final determination of substantive rights or liabilities, thus disqualifying it from reconsideration. The Board also denied removal, finding no showing of substantial prejudice or irreparable harm, and admonished the petitioner's counsel for filing a petition from a non-final order. This action highlights the distinction between final decisions and interlocutory orders in workers' compensation proceedings.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable HarmAdequacy of Reconsideration
References
6
Case No. ADJ10280648
Regular
Sep 23, 2019

MICHAEL BIANCHI vs. FREDRICK NEWHALL WOODS TRUST; IRENE SUGANO, TRUSTEE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding the judge's order allowing CBS News to film a hearing. The Board found no substantial prejudice or irreparable harm to justify this extraordinary remedy, and that reconsideration would be adequate. The defendant's separate Petition to Disqualify the judge based on alleged bias was also denied, with the Board agreeing with the judge's recommendation. Ultimately, both petitions were denied based on the Workers' Compensation Judge's reports.

Petition for RemovalPetition for DisqualificationWorkers' Compensation Appeals BoardWCJfilming hearingCBS Newsirreparable harmsubstantial prejudicedisqualify WCJattorney Dominique Banos
References
1
Case No. ADJ7220508
Regular
Oct 29, 2010

ANDREW PORTILLO vs. WAL-MART ASSOCIATES, INC. administered by AVIZENT

The Workers' Compensation Appeals Board (WCAB) dismissed Wal-Mart's petition for reconsideration and denied its petition for removal regarding a denied change of venue. The WCAB found that the order denying the venue change was not a final order, thus not subject to reconsideration under Labor Code section 5900. The Board also adopted the findings of the acting presiding judge in denying the removal petition. Therefore, the case will proceed as originally scheduled.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueFinal OrderLabor Code section 5900District OfficeSan Bernardino CountyLong Beach District OfficeSubstantive Rights
References
1
Showing 1-10 of 30,135 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