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. ADJ7811477, ADJ7811473, ADJ7808129, ADJ6621190
Regular
Apr 18, 2016

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Deanna Carroll's Petition for Reconsideration. The Board adopted the reasoning of the Administrative Law Judge (WCJ), who found that the applicant's conduct met the criteria for being declared a vexatious litigant. This decision followed a history of the applicant filing numerous complaints, accusations of fraud and bias against judicial officers, and unmeritorious petitions. The WCJ found no evidence to support the applicant's allegations in her latest petition, and therefore recommended denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationVexatious LitigantIn Propria PersonaLabor Code Section 5813WCAB Rule 10561Frivolous PetitionUnmeritorious FilingsBad Faith AllegationsPatently Insulting
References
Case No. ADJ7806856
Regular
Aug 01, 2013

MICHAEL WEINBERG vs. SUTTON AGRICULTURAL ENTERPRISES, INSURANCE COMPANY OF THE WEST PLEASANTON

This case involved an employee's claim for a psyche industrial injury. The defendant sought reconsideration of a prior ruling that denied the "initial physical aggressor" defense, arguing the applicant was the aggressor. The Workers' Compensation Appeals Board denied reconsideration, agreeing that the applicant was not the initial physical aggressor because the co-worker physically pushed him first. The Board affirmed that the applicant's claim was not barred by Labor Code section 3600(a)(7), deferring other issues.

Initial physical aggressor defenseLabor Code section 3208.3Verga v. Workers' Comp. Appeals Bd.AOE/COEweldersaltercationsphysical conductreasonable fear of bodily harmanimosityhostile words
References
Case No. ADJ5690219
Regular
Jul 31, 2015

TOM PALLADINO vs. ORANGE COUNTY TRANSPORTATION AUTHORITY, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior award and issued a notice of intention to impose sanctions on applicant's attorney. This action stems from alleged false, misleading, and unsubstantiated allegations made by the attorney in the applicant's Answer to the Petition for Reconsideration. The Board found no evidence to support the claims of intentional delay by the defendant and determined the attorney's statements to be without merit and potentially prejudicial. The attorney and his firm face a $750 sanction unless good cause is shown why it should not be imposed.

WCABPetition for ReconsiderationFindings and AwardQualified Medical EvaluatorPermanent DisabilityApportionmentSanctionsLabor Code Section 5813WCAB Rule 10561Attorney Misconduct
References
Case No. ADJ7284210
Regular
Apr 18, 2012

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

The Workers' Compensation Appeals Board granted reconsideration, reversing a trial judge's decision that denied a firefighter's claim for a stroke. The Board found that Labor Code section 3212's anti-attribution clause prevents rebuttal of the industrial injury presumption based on a pre-existing congenital heart condition. Therefore, the presumption of industrial causation applies, and the matter is returned for further proceedings.

Labor Code section 3212anti-attribution clauserebuttable presumptionindustrial injurycongenital heart conditionfirefightercerebrovascular systempatent foramen ovaleAgreed Medical Examiner (AME)non-industrial causation
References
Case No. ADJ7139261
Regular
Sep 10, 2012

VICENTE AMAYA vs. FLEMING METAL FABRICATORS, INC.,, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding that the Administrative Law Judge (ALJ) improperly rejected the treating physician's opinion. The Board disagreed with the ALJ's assessment that the treating physician lacked accurate historical information regarding the applicant's smoking and diabetes. Crucially, the central dispute concerns the causation of the applicant's stroke, with conflicting opinions from medical experts on the role of hypertension versus a congenital condition. The case is remanded for further proceedings, including potential appointment of a new medical examiner, to fully develop the evidence on complex medical causation issues.

Industrial injuryHypertensionStrokePermanent disabilityApportionmentPanel Qualified Medical Examiner (PQME)Treating physicianSubstantial evidenceAdmissible evidenceMedical causation
References
Case No. ADJ246218 (ANA 0286638)
Regular
Jun 27, 2012

PAUL LIGAMMARI vs. LOS ANGELES COLLEGE OF CHIROPRACTIC, ACE AMERICAN INSURANCE

The applicant's petition, treated as a Petition for Disqualification, was denied as untimely or without merit. The Appeals Board is initiating removal of the matter to consider sanctions against the applicant for using insulting and disrespectful language that impugns the integrity of the WCAB and its judges. The applicant's prior admonishment for similar conduct underscores the Board's intent to enforce decorum.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for RemovalJudge LembergSanctionsLabor Code Section 5813Appeals Board Rule 10561Bad FaithFrivolous TacticsPrejudicial Language
References
Case No. ADJ7280301
Regular
Feb 18, 2014

CONNIE DER TOROSSIAN vs. FAIR HOUSING COUNCIL OF ORANGE COUNTY, STATE COMPENSATION INSURANCE FUND

The applicant's attorney, Dennis Hershewe, sought reconsideration of a WCJ's findings denying industrial injury. The Appeals Board granted reconsideration, but is also issuing a notice of intention to sanction Hershewe for $1,500. This is due to his petition containing language deemed insulting, disrespectful, and impugning the WCJ's integrity. The Board found these statements constituted bad faith litigation conduct under Labor Code section 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationBad Faith Litigation ConductLabor Code section 5813WCAB Rule 10561SanctionsDennis HersheweIndustrial InjuryPsycheInternal Systems
References
Showing 1-7 of 7 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