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. ADJ7928185
Regular
Oct 22, 2013

RICHARD HERRERA vs. CITY OF FULLERTON

The Workers' Compensation Appeals Board granted the defendant City of Fullerton's petition for removal, rescinding an order that vacated submission for further record development. The Board found no statutory good cause to reopen discovery, noting that the applicant had not demonstrated due diligence for the requested development. The case was returned to the trial level for a decision based on the existing record. Any issues lacking evidence may be deferred by the WCJ.

Petition for RemovalOrder Vacating SubmissionFurther Development of the RecordWCJDiscoveryBurden of ProofLabor Code Section 3202.5Police OfficerIndustrial InjuryRight Knee
References
Case No. ADJ8734182
Regular
Dec 17, 2018

JONATHAN MCINTYRE vs. COUNTY OF SAN DIEGO

This case involves an applicant, Jonathan McIntyre, a deputy sheriff, claiming bladder cancer as a work-related injury. The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision, finding that the medical evidence regarding the latency period of the applicant's bladder cancer was insufficient. The WCAB determined further development of the medical record is required to accurately assess when the cancer "developed" and "manifested" relative to the statutory presumption period. Therefore, the case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge.

Workers' Compensation Appeals BoardDeputy SheriffBladder CancerLabor Code section 3212.1Presumption of CompensabilityLatency PeriodAgreed Medical EvaluatorManifestation of DiseaseDevelopment of CancerStatutory Presumption
References
Case No. MON 254928
Significant
Feb 25, 2002

James McDuffie, Applicant vs. Los Angeles County Metropolitan Transit Authority, Permissibly Self-Insured, c/o Constitution State Service Company

The Board holds that where the medical record requires further development after trial, the preferred procedure is to first seek supplemental opinions from the physicians who have already reported in the case before considering the appointment of a new medical examiner.

En Banc DecisionMedical Record DevelopmentSupplemental OpinionsAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Court Appointed Medical EvaluatorFurther DevelopmentApportionmentPermanent DisabilityBus Operator
References
Case No. ADJ8269580
Regular
Nov 30, 2015

RALPH LARUE vs. SANTA CLARA VTA, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, rescinding the prior award that allowed the Employment Development Department (EDD) a $2,300 lien. The WCAB found the record lacked sufficient evidence to establish EDD's lien, as defendant argued EDD failed to prove benefits were for the same industrial injury. The Board clarified that EDD's lien attaches to permanent disability caused solely by the industrial injury, not to the apportionment of disability. The case is remanded for further proceedings to develop the record on EDD's lien claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardEmployment Development Department (EDD)Lien ClaimPermanent Disability IndemnityApportionmentLabor Code 4904(b)Causation of InjuryCausation of Disability
References
Case No. ADJ7777517
Regular
Oct 01, 2013

VIVIAN THOMPSON vs. COUNTRY INN AND SUITES, ILLINOIS MIDWEST INSURANCE COMPANY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to develop the medical record prior to trial. The Board found that the WCJ prematurely ordered further medical development without a sufficient record or evidence of deficient medical opinions, contrary to established procedure. The case is returned to the trial level for proceedings consistent with the opinion, and the WCJ's comments regarding a potential new claim were not addressed as they were not an appealable order.

Petition for RemovalRescinded OrderDevelop Medical RecordThreshold MatterInsufficient Medical OpinionsPretrial Conference StatementMandatory Settlement ConferenceCumulative Trauma InjuryWorkers' Compensation JudgeAdmitted Into Evidence
References
Case No. ADJ1283525
Regular
May 17, 2010

ANTOONIO OLIVERA (Decedent), MARIA GOMEZ OLIVERA (Surviving Spouse) vs. RICK PLANO STABLES, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings due to insufficient evidence regarding the decedent's employer. The WCAB found conflicting testimony and lack of clear evidence establishing employment with Rick Plano Stables on the alleged date of injury. The matter was remanded to properly substitute the surviving spouse as the applicant and to develop the record on the employer's identity and the date of injury.

Workers' Compensation Appeals BoardDecedent's spouseReconsiderationFindings and OrderSubstantial evidenceDevelop the recordInsufficient evidenceConstitutional mandateDevelop the recordUninsured Employers Benefit Trust Fund
References
Case No. ADJ8843441
Regular
Oct 16, 2013

AUSTIN KWOMO vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with *McDuffie*, with the WCJ retaining discretion to supplement the record *after* trial if necessary. The petition for disqualification of the WCJ was denied.

Petition for RemovalOrder Off CalendarFurther Development of RecordMedical OpinionsThreshold MatterTrialSubmission for DecisionExhibitsWitnessesSupplementation of Medical Record
References
Case No. ADJ9027561
Regular
Feb 23, 2015

ARNEL MAGANA vs. BODYCOTE AEROSPACE DEFENSE AND ENERGY GROUP, ZURICH NORTH AMERICA

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's December 22, 2014 orders. The Board found that ordering a Labor Code section 4060 examination and consolidating the cases were improper developments of the record after discovery closed. This decision was based on applicant's repeated changes in counsel and failure to diligently pursue medical evidence. The case ADJ9027561 is returned to the trial level for further proceedings.

Petition for RemovalConsolidation of CasesContinuous TraumaLabor Code section 4060Declaration of Readiness to ProceedMandatory Settlement ConferencePretrial Conference StatementDiscovery ClosureIncompetence of CounselImputation of Negligence
References
Case No. ADJ10469262 ADJ9725605
Regular
Dec 21, 2017

MARIA GALERA vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES; IN-HOME SUPPORTIVE SERVICES; YORK RISK SERVICES GROUP

This case involves a defendant's petition for removal from a WCJ's order admitting deposition extracts and vacating submission. The defendant argued the WCJ failed to provide reasoning for the order to develop the record. However, the WCJ's subsequent report explained the necessity of record development due to insufficient medical evidence. A status conference confirmed the need for further development, rendering the removal petition moot. Consequently, the Workers' Compensation Appeals Board dismissed the Petition for Removal.

Petition for RemovalDeposition ExtractsVacating SubmissionFurther DevelopmentWorkers' Compensation Administrative Law JudgeReport and RecommendationPetition for ReconsiderationSubstantial Medical EvidenceStatus ConferenceOff Calendar
References
Case No. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Showing 1-10 of 2,066 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