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. SFO 502987
Regular
Oct 15, 2007

PHAN TIEU vs. ALBERTSONS, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the WCJ's order directing a re-evaluation with a qualified medical examiner and an interpreter was an interlocutory procedural order, not a final determination of substantive rights or liabilities. As such, it was not subject to reconsideration under Labor Code section 5900. The WCAB affirmed the WCJ's report recommending dismissal of the petition.

Workers' Compensation Appeals BoardPhan TieuAlbertstonsSpecialty Risk ServicesSFO 502987Petition for ReconsiderationQualified Medical ExaminerDr. John L. LavorgnaDr. Dominic TseCantonese interpreter
References
6
Case No. ADJ9312112
Regular
Apr 17, 2017

CUONG PHAN vs. CITY OF SANTA CLARA

In this case, the Workers' Compensation Appeals Board denied the defendant City of Santa Clara's petition for reconsideration. The Board upheld a prior finding that applicant Cuong Phan sustained industrial injuries to his lower back, resulting in 29% permanent disability. The key issue was the application of the "duty belt presumption" under Labor Code section 3213.2, which presumes lower back impairments in long-term peace officers required to wear duty belts arise from employment. The Board found the presumption applicable and not rebutted, deeming it a legislative intent to protect officers with these specific conditions.

Duty belt presumptionLabor Code section 3213.2police officerlower back impairmentpeace officerpermanent disabilityjoint findings and awardpetition for reconsiderationBenson apportionmentLabor Code section 4663(e)
References
3
Case No. ANA 0378959
Regular
May 27, 2000

MAI HO vs. MARRIOTT INTERNATIONAL

The Appeals Board granted reconsideration to reverse a restitution order against chiropractor Vu Phan, D.C., who provided unauthorized treatment. While Phan is not entitled to further payment for treatment not authorized by the employer, the Board found that the employer voluntarily paid $6,500 for past treatment and thus cannot recover it absent fraud, thus denying the employer's restitution claim. The Board otherwise affirmed the original decision denying Phan's lien claim for the unauthorized treatment.

Workers' Compensation Appeals BoardLien claimantRestitutionOverpaymentMedical treatmentUnauthorized treatmentPrimary treating physicianSelf-procured treatmentUnjust enrichmentVoluntary payment
References
6
Case No. ADJ1644458 (SJO 0259802)
Regular
Apr 29, 2011

KENNY PHAN vs. TOBAR INDUSTRIES

In this workers' compensation case, the applicant sought reconsideration after the WCJ found his Labor Code section 132a claim was waived in a Compromise and Release (C&R) agreement. The applicant argued that paragraph 9 of the C&R form, requiring initials for included issues, did not show a waiver of the 132a claim, despite a conflicting provision in an addendum. The Appeals Board found ambiguity in the C&R documents and resolved it in favor of the applicant, amending the WCJ's finding to state no waiver occurred. The case was returned for further proceedings on the 132a claim.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseLabor Code section 132awaiverAddendumambiguityOffer of Proofhearsayburden of proof
References
0
Case No. ADJ3850663 (ANA 0397609)
Regular
Jun 23, 2011

XUAN PHAN vs. CODAN MEDLON, INC., NATIONAL LIABILITY AND FIRE INSURANCE, CHUBB GROUP

This case involves an applicant seeking reconsideration of a $20,000 workers' compensation settlement approved by a WCJ. The applicant argued the settlement was unreasonable and that she lacked mental capacity to consent. However, the Board dismissed the petition as untimely, noting it was filed over a month past the 20-day deadline. Even if timely, the Board indicated it would have denied the petition on its merits.

Workers Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationTimelinessJurisdictionalWCJApplicantDefendantSettlement AmountReasonable Compensation
References
2
Case No. ADJ7356529
Regular
Apr 12, 2013

Gonzalo Garcia vs. STAFFMARK INVESTMENT, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) dismissed Long Beach Medical Center's (LBMC) petition for reconsideration of a lien dismissal as skeletal. The WCAB also granted removal on its own motion to issue a notice of intention to impose sanctions of up to $1,200.00 on LBMC and/or Jeanne Tieu. This action is due to LBMC's failure to present specific legal arguments or factual support for their petition, constituting bad-faith tactics. The WCAB found the petition frivolous and intended to cause unnecessary delay.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LiensLien ClaimantSkeletal PetitionLabor Code Section 5813SanctionsBad Faith ActionsJeanne TieuRemoval
References
0
Showing 1-6 of 6 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