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. ADJ8264840
Regular
May 30, 2018

GABRIELA ARROYO vs. STANFORD UNIVERSITY, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted applicant's Petition for Removal, rescinding the prior decision that denied a psychiatric Qualified Medical Evaluator (QME). The WCAB found that the administrative law judge improperly decided the issue of good cause to reopen, rather than the sole issue presented for trial: entitlement to a PQME in psychiatry. Granting removal was necessary due to potential prejudice and due process concerns. The Board substituted its own order, granting the applicant's request for a PQME in psychiatry.

PQMEPetition for RemovalWCABCompensable Consequence InjuryNew and Further InjuryDue ProcessGood Cause to ReopenStipulations with Request for AwardPermanent DisabilityFuture Medical Treatment
References
Case No. ADJ7873470, ADJ9373759
Regular
Oct 23, 2015

JUAN JOSE RAMIREZ vs. LYNAM INDUSTRIES INC., COMPWEST INSURANCE COMPANY

The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order to take the case off calendar for a QME evaluation in psychiatry. The Board found the WCJ erred by ordering further discovery after the close of discovery, as the defendant disputed the psychiatric injury and thus Labor Code section 4061(i) did not apply. The matter was ordered to be set for trial immediately on previously delineated issues.

Petition for RemovalLabor Code section 4061(i)Panel Qualified Medical EvaluatorPsychiatryPre-Trial Conference StatementDeclaration of Readiness to Proceedcumulative trauma injuryspecific injuryoff calendarsubstantial prejudice
References
Case No. ADJ6627019
Regular
May 06, 2013

SANDRA BERKENSTOCK vs. AGILENT TECHNOLOGIES

The defendant sought reconsideration of an order denying their request for a replacement Qualified Medical Evaluator (QME) panel in psychiatry/psychology. The applicant sustained industrial injuries including to her psyche. The administrative law judge denied the replacement panel because the QME's report was eventually received. However, the Workers' Compensation Appeals Board dismissed the defendant's petition. The Board ruled that the denial of a replacement QME panel is an interim, procedural order not subject to reconsideration under Labor Code section 5900(a).

WCABAgilent TechnologiesADJ6627019Petition for ReconsiderationQualified Medical EvaluatorQME panelpsychiatrypsychologyFlorence Thomas-RiddleLabor Code section 139.2(j)(1)(A)
References
Case No. ADJ11629744
Regular
Apr 24, 2023

ROCHELLE BOYD vs. VISSER, NATIONAL INTERSTATE RICHFIELD

The applicant sought reconsideration after the WCJ denied injury claims to the brain, internal system, psyche, and sexual dysfunction, as well as the issuance of additional QME panels. The Appeals Board granted reconsideration, finding good cause existed for additional QME panels in internal medicine and psychiatry. The original findings of fact were rescinded, and the issue of further QME panels in urology and neurology was deferred. The Board concluded that additional QME evaluations were necessary for a full adjudication of the claimed injuries outside of the admitted orthopedic injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorQME panelsinternal medicinepsychiatryneurologyurologysexual dysfunctionpsyche
References
Case No. ADJ7262375
Regular
Apr 20, 2012

JOSE R. GONZALEZ vs. GZ \& S, INC., ONE BEACON INSURANCE

This case involves a defendant's Petition for Removal of an administrative law judge's (WCJ) order to take a workers' compensation case off calendar. The WCJ granted the request because a QME panel in psychiatry was pending, which the applicant argued was necessary for discovery. The defendant contended the WCJ should have bifurcated and heard the issue of whether the injury arose out of and in the course of employment (AOE/COE). The Appeals Board dismissed the Petition for Removal primarily because it was unverified, a defect the defendant failed to cure after being notified. Even if considered on its merits, the Board would have denied the petition, agreeing with the WCJ that bifurcation was not warranted and no irreparable harm or prejudice to the defendant had been demonstrated.

Petition for RemovalWCJ ordermandatory settlement conferenceoff calendarQME panelpsychiatryAOE/COEstatute of limitationspost-termination filingbifurcation
References
Case No. ADJ3496910 (LBO 0364800) ADJ2429049 (LBO 0378171)
Regular
Jan 21, 2014

MAYRA APAC vs. DEUTSCH METAL COMPANY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a finding of 100% permanent disability, rescinding the initial award. The Board found the vocational expert's opinion unsupported and the medical evidence insufficient to establish total permanent disability. The case is returned to the trial level for further development of the medical record regarding permanent disability and apportionment. Specifically, clarification is needed from the Agreed Medical Examiners on the extent of disability and any overlap in ratings.

Petition for ReconsiderationFindings and AwardPermanent DisabilityAgreed Medical ExaminersApportionmentPsychiatryInternal MedicineOrthopedicsVocational ExpertFibromyalgia
References
Case No. ADJ8984860
Regular
Dec 30, 2020

AMADOR ORTIZ GARCIA vs. ISEC, INC., LIBERTY MUTUAL

The Workers' Compensation Appeals Board granted removal of the WCJ's order quashing the deposition of Dr. Mouradian, an Agreed Medical Examiner. The Board found the record insufficient to evaluate the defendant's due process claim regarding the quashed deposition. Consequently, the order quashing the deposition was rescinded, and the case was returned to the WCJ for further proceedings. This decision allows for a proper review of the issues and evidence.

Petition for RemovalAgreed Medical ExaminerWCJDue ProcessQuashed DepositionReport and RecommendationDiscovery ClosureMandatory Settlement ConferenceFindings of FactAdmitted Evidence
References
Case No. LAO 0862653
Regular
Sep 21, 2007

MICHAEL J. MESTAS vs. HMK ENGINEERING, INC., STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration, finding that the WCJ's orders for further medical development were interlocutory and not final orders subject to reconsideration. The Board also denied the applicant's request for removal, finding no substantial prejudice or irreparable harm to justify this extraordinary remedy. The WCJ's orders for panel QMEs were deemed appropriate to expedite the resolution of disputed medical issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalFindings and OrderOrder To Further Develop RecordQualified Medical EvaluatorInternal MedicineGastroenterologyPsychiatryLabor Code section 5502
References
Case No. ADJ9328371
Regular
Oct 31, 2016

LEYLA FATHI vs. MISSION HOSPITAL REGIONAL MEDICAL CENTER, HARTFORD ACCIDENT & INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because the WCJ's order for additional Qualified Medical Evaluator (QME) panels was an interlocutory procedural order, not a final determination of substantive rights or liabilities. The defendant's petition for removal was also denied, as they failed to demonstrate substantial prejudice or irreparable harm. While good cause for additional evaluations may have existed, the record was insufficient to make a definitive ruling on the merits of the removal. Therefore, the WCAB affirmed the WCJ's order for further medical development of the record.

Petition for ReconsiderationPetition for RemovalAdditional Panel QMEQualified Medical EvaluatorInternal MedicinePsychiatryNeurologyMedical Record DevelopmentFinal OrderInterlocutory Order
References
Case No. ADJ8396328
Regular
Feb 04, 2016

MARTHA WILFORD vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal. The defendant sought to remove an order vacating a trial and requiring a new QME, arguing prejudice. However, the petition was filed 45 days after the order was served, exceeding the 20-day deadline for removal. The WCAB found no sufficient justification for the delay and therefore dismissed the untimely petition.

Petition for RemovalOrder Vacating TrialQME panelpsychiatrysubstantial prejudiceirreparable harmuntimely petitionCode of Regulationslack of jurisdictionreasonable justification
References
Showing 1-10 of 57 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