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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ89 12546

Regular

Apr 18, 2016

CARLOS CASTRO, CARLOS CASTRO VICENTE vs. MURANAKA FARMS, ZENITH INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration regarding a lien claimant's copy service fees. The Appeals Board previously granted the lien claimant's petition, finding they were exempt from photocopier registration requirements. This exemption was based on precedent holding that such registration is not required when the lien claimant is an independent contractor of an attorney providing services related to medical-legal expenses. The defendant's petition was denied as the prior en banc decision remains binding precedent.

Workers' Compensation Appeals BoardLien ClaimantProfessional Photocopier RegistrationBusiness and Professions Code Section 22450Business and Professions Code Section 22451Medical-Legal ExpensesLabor Code Section 4620State Bar MemberIndependent ContractorCornejo v. Younique Café

References

Case No. ADJ7442309

Regular

Jun 19, 2015

SCOTTIE PIPPEN vs. PORTLAND TRAIL BLAZERS, HOUSTON ROCKETS, CHICAGO BULLS, TIG INSURANCE, CHUBB GROUP (FEDERAL INSURANCE COMPANY)

The Workers' Compensation Appeals Board denied Scottie Pippen's petition for reconsideration of a prior decision that rescinded an award for cumulative trauma injury as a professional basketball player. The Board majority found California lacked a sufficient interest to adjudicate the claim, relying on the precedent of *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. Pippen argued this precedent was misapplied and that California had a legitimate interest in his claim. One member dissented, advocating for reinstatement of the original award.

WCABPetition for ReconsiderationCalifornia jurisdictioncumulative traumaindustrial injuryprofessional basketball playerFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)de minimisemployermedical treatment

References

Case No. ADJ9163491; ADJ9163494

Regular

Jan 09, 2015

RIGOBERTO NORIEGA vs. BEST WESTERN TOWN & COUNTRY

This case concerns an applicant's petition for removal after the WCJ denied his objection to a QME's report. The applicant argued the QME report was untimely and prejudicial because it issued a zero impairment rating. The Appeals Board denied removal, finding the applicant waived his objection by not requesting a replacement QME panel until after receiving the unfavorable report. The Board cited precedent preventing parties from waiting to see if a report is favorable before objecting to its timeliness. Commissioner Zalewski dissented, believing the applicant could object after receipt as long as the objection preceded the replacement panel request.

Petition for RemovalQualified Medical EvaluatorQME reportuntimely filingservice of reportreplacement panelobjectionstatutory timeframesLabor CodeAdministrative Director Rule

References

Case No. ADJ6996303

Regular

Mar 23, 2023

JOHN DAVIES vs. COUNTY OF SAN DIEGO PROBATION DEPT., COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board affirmed a prior award of 84% permanent disability for a Probation Officer with heart/hypertension and hip injuries. The Board found that Labor Code section 3212.10's heart presumption and section 4663(e)'s non-attribution clause prohibit apportionment of the applicant's new and further disability. The defendant's contention that prior stipulations required apportionment was rejected, citing precedent that such presumptions take precedence. The Board clarified that the 84% represents the applicant's total permanent disability, not solely the new and further disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPetition for ReconsiderationPermanent DisabilityApportionmentHeart PresumptionLabor Code Section 3212.10Non-Attribution ClauseLabor Code Section 4663(e)

References

Case No. ADJ2623740

Regular

Dec 13, 2010

MARTHA HERNANDEZ vs. MARRIOTT INTERNATIONAL, INC.

The Appeals Board rescinded its Notice of Intention to Impose Sanctions against CMS Network, Inc. and its representatives, Dominic D. Arguello and Randal Hollien. Initially, sanctions were considered due to repeated misstatements of law concerning a lien claimant's burden of proof in petitions for reconsideration. Although zealous advocacy is not an excuse for legal misstatements, the Board found no intent to mislead and acknowledged the respondents' understanding of correct legal precedent. The matter is returned to the trial level, with the Board emphasizing that lien claimants bear the burden of proving the reasonableness of their fees, citing precedent like *Kunz* and *Tapia*.

WCABRemovalSanctionsLien claimant burden of proofPetition for reconsiderationHearing representativesZealous advocacyMisstatements of lawEn banc decisionsBinding precedent

References

Case No. ADJ10344515; ADJ10344543

Regular

Sep 26, 2016

ROGER EUGENE HERBEL vs. EV PLUMBING, INC., THE HARTFORD

The Appeals Board granted reconsideration and rescinded the WCJ's decision, which had authorized the applicant to obtain two separate Qualified Medical Evaluator (QME) panels. The defendant argued this violated Labor Code section 4062.3(j) and prior Appeals Board precedent regarding multiple QME requests for related claims. The Board found the record insufficient for a merits decision and returned the matter to the trial level for further proceedings to create a proper trial record. This decision emphasizes the need for a clear record and references precedent concerning QME panel entitlement for distinct but related industrial injury claims.

QME panelorthopedicchiropracticLabor Code section 4062.3(j)Navarro v. City of MontebelloPetition for ReconsiderationDeclaration of Readiness to Proceed to Expedited HearingMinutes of HearingOpinion and Order Granting Petition for ReconsiderationDecision After Reconsideration

References

Case No. MISC. 251

Significant

Jul 08, 2008

Ramon B. Pellicer vs.

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney representative, based on his disciplinary history with the State Bar and legal precedent preventing disbarred or suspended attorneys from practicing before the WCAB.

WCABPetition to PracticeHearing RepresentativeNon-AttorneyInvoluntary Inactive EnrollmentState Bar CourtDisciplinary ChargesRules of Professional ConductBusiness and Professions CodeMoral Turpitude

References

Case No. GRO 0032183

Regular

Mar 18, 2008

RIGOBERTO GARCIA vs. DALE HAMPTON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a finding of fact denying reimbursement for Wallace & Associates' bill. Applicant failed to prove that these services were reasonable and necessary for his case, as required by Labor Code section 5811 and established precedent. Therefore, the applicant bears the burden of proof for such costs, which was not met.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryCompromise and ReleaseFinding of FactLabor Code section 5811Reimbursement of CostsPermanent Disability RatingCosta v. Hardy DiagnosticReasonable and Necessary

References

Case No. BAK 0143796

Regular

May 19, 2008

MARIA RUIZ vs. GOODWILL INDUSTRIES, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the defendant's petition for removal, finding no extraordinary circumstances justifying such an action. The case is returned to the trial level for the WCJ to determine which permanent disability rating schedule applies to the applicant's 2004 injury. The WCJ is instructed to consider all relevant legal precedent in making this factual determination.

Permanent disability rating scheduleVera v. Workers' Comp. Appeals Bd.Petition for RemovalWCJFindings and AwardPetition for ReconsiderationLabor Code section 4660(d)Primary Treating Physician's ReportZenith Ins. Co. v. Workers' Comp. AppealsBd.

References

Case No. ADJ9957522

Regular

Mar 30, 2016

David Saucedo vs. Bender Ready Mix, Inc., Insurance Company of the West

The Appeals Board granted the applicant's petition for reconsideration, rescinding the WCJ's dismissal order. The dismissal was erroneously based on an inapplicable rule and preceded the WCJ's review of the applicant's objection to the Notice of Intention to Dismiss. The case is returned to the WCJ to consider the applicant's good cause objection for failure to appear at the Mandatory Settlement Conference.

Petition for ReconsiderationNotice of Intention to DismissMandatory Settlement ConferenceFailure to AppearLack of ProsecutionDismissal Without PrejudiceGood CauseDue ProcessWorkers' Compensation Appeals BoardWCJ

References

Showing 1-10 of 277 results

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ89 12546

Regular

Apr 18, 2016

CARLOS CASTRO, CARLOS CASTRO VICENTE vs. MURANAKA FARMS, ZENITH INSURANCE COMPANY

References

Case No. ADJ7442309

Regular

Jun 19, 2015

SCOTTIE PIPPEN vs. PORTLAND TRAIL BLAZERS, HOUSTON ROCKETS, CHICAGO BULLS, TIG INSURANCE, CHUBB GROUP (FEDERAL INSURANCE COMPANY)

References

Case No. ADJ9163491; ADJ9163494

Regular

Jan 09, 2015

RIGOBERTO NORIEGA vs. BEST WESTERN TOWN & COUNTRY

Petition for RemovalQualified Medical EvaluatorQME reportuntimely filingservice of reportreplacement panelobjectionstatutory timeframesLabor CodeAdministrative Director Rule

References

Case No. ADJ6996303

Regular

Mar 23, 2023

JOHN DAVIES vs. COUNTY OF SAN DIEGO PROBATION DEPT., COUNTY OF SAN DIEGO

References

Case No. ADJ2623740

Regular

Dec 13, 2010

MARTHA HERNANDEZ vs. MARRIOTT INTERNATIONAL, INC.

WCABRemovalSanctionsLien claimant burden of proofPetition for reconsiderationHearing representativesZealous advocacyMisstatements of lawEn banc decisionsBinding precedent

References

Case No. ADJ10344515; ADJ10344543

Regular

Sep 26, 2016

ROGER EUGENE HERBEL vs. EV PLUMBING, INC., THE HARTFORD

References

Case No. MISC. 251

Significant

Jul 08, 2008

Ramon B. Pellicer vs.

WCABPetition to PracticeHearing RepresentativeNon-AttorneyInvoluntary Inactive EnrollmentState Bar CourtDisciplinary ChargesRules of Professional ConductBusiness and Professions CodeMoral Turpitude

References

Case No. GRO 0032183

Regular

Mar 18, 2008

RIGOBERTO GARCIA vs. DALE HAMPTON, STATE COMPENSATION INSURANCE FUND

References

Case No. BAK 0143796

Regular

May 19, 2008

MARIA RUIZ vs. GOODWILL INDUSTRIES, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ9957522

Regular

Mar 30, 2016

David Saucedo vs. Bender Ready Mix, Inc., Insurance Company of the West

References

Showing 1-10 of 277 results

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