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. ADJ7765510
Regular
Sep 09, 2014

TERRY BAUMGARTNER vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of a sanction order against Gallagher Bassett Services, Inc. The sanction was imposed for misidentifying the insurance carrier in settlement documents and failing to respond to court orders. Defense counsel also improperly identified the petitioner, leading the Board to remind counsel of proper party identification rules. The denial was based on the WCJ's report, which detailed the procedural history and reasons for the sanction.

Petition for ReconsiderationSanction OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeGallagher Bassett ServicesInc.Ace American Insurance CompanyWCAB Rule 10550Proper Identification of PartiesStipulations with Request for Award
References
Case No. ADJ4245109 (LAO 0843613) ADJ2813618 (LAO 0843614)
Regular
May 14, 2012

CHERRY CASTILLO vs. E. P. O'DONNELL MEDICAL CLINIC, UNINSURED EMPLOYERS BENEFIT TRUST FUND

This case involves a petition for reconsideration filed by lien claimant, Downey Orthopedic Medical Group, after their lien was dismissed. The administrative law judge dismissed the lien because the lien claimant's representative attended a lien trial but failed to present any evidence or engage with the court. The Workers' Compensation Appeals Board denied the petition, adopting the judge's reasoning that the lien claimant had an opportunity to present their case and failed to do so. The Board also admonished the representative for improper identification and unauthorized practice of law, threatening future sanctions.

Lien DismissalPetition for ReconsiderationWorkers' Compensation Appeals BoardUninsured Employers Benefit Trust FundLien ClaimantHearing RepresentativeDue ProcessDefaultNotice of Intent to DismissCalifornia Code of Regulations
References
Case No. ADJ6697121
Regular
May 13, 2013

GABRIELA GUZMAN vs. SIGUE CORPORATION, CRUM AND FORSTER

This case involves a lien claimant's petition for reconsideration after their lien was dismissed by a Workers' Compensation Judge for failure to pay a required lien activation fee and appear at a lien conference. The lien claimant claimed they lacked proper notice of the conference, but official records indicated notice was properly served. The Board found no good cause for the claimant's non-appearance or failure to respond to the subsequent dismissal order, concluding that a failure to calendar a properly noticed hearing does not constitute excusable neglect. Therefore, the petition for reconsideration was denied, affirming the dismissal of the lien.

Lien activation feePetition for reconsiderationWorkers' compensationLien claimantWCJOrder Dismissing Lien ClaimFailure to payProof of paymentLien conferenceExcusable neglect
References
Case No. ADJ1983566
Regular
Feb 18, 2011

TERESA ROCHA vs. YOUNGER OPTICS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award due to significant procedural errors. The WCAB found the trial record incomplete, lacking clear identification of issues, stipulations, and admitted evidence, which prevented a meaningful review. Consequently, the prior award was rescinded, and the case was remanded to the trial level for proper record development and a new decision. This action ensures a proper foundation for adjudication and potential future appeals.

Workers' Compensation Appeals BoardTeresa RochaYounger OpticsTravelers Insurance Companycumulative traumapermanent disability rating schedule1997 rating schedule2005 rating scheduleLabor Code section 4660(d)separate cumulative trauma injuries
References
Case No. ADJ6718294
Regular
Oct 25, 2011

ANTONIO LANGHAM vs. BALTIMORE RAVENS, CLEVELAND BROWN, SAN FRANCISCO 49ERS, TIG SPECIALTY INSURANCE

This case concerns a professional athlete's workers' compensation claim for multiple injuries sustained between 1994 and 2000. The Workers' Compensation Appeals Board (WCAB) granted reconsideration due to a flawed record, including an incorrect defendant identification and insufficient evidence on jurisdiction and venue. The WCAB rescinded the original decision and returned the case for further proceedings. This will allow for proper identification and joinder of the correct defendant(s) and for the development of a complete record, potentially pending consolidation with other related cases.

Workers' Compensation Appeals BoardProfessional AthleteIndustrial InjuryStatute of LimitationsSubject Matter JurisdictionLabor Code section 3600.5(b)Extraterritorial ProvisionsReconsiderationFindings and AwardPetition for Reconsideration
References
Case No. ADJ608436 (RDG 0067603)
Regular
Jul 30, 2013

JERRY MIRES vs. SHASTA COUNTY SHERIFF'S DEPARTMENT

The Appeals Board granted reconsideration of the WCJ's order concerning a lien claim's statute of limitations. The defendant argued SB 863 retroactively barred the lien, a contention the WCJ recommended denying. The Board found the record incomplete, lacking formal minutes and admitted evidence, thus preventing a meaningful review. Consequently, the Board ordered a new hearing to establish a proper record before further consideration of the lien claim's validity.

Workers' Compensation Appeals BoardShasta County Sheriff's DepartmentPHI Air MedicalPetition for ReconsiderationStatute of LimitationsSB 863Labor Code Section 4904Labor Code Section 4903.5Hingtgen v. County of San BernardinoAdministrative Law Judge
References
Case No. VNO 377341, VNO 377343, VNO 487383 (mf)
Regular
Mar 24, 2008

EDDIE VALDIVIA vs. LITTON AERO PRODUCTS, and CONTINENTAL CASUALTY COMPANY; NORTHROP GRUMMAN CORPORATION, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board granted reconsideration of the applicant's petition, rescinded the prior findings and award, and returned the matter to the WCJ for correction of clerical errors and issuance of a new award. The Board found merit in the applicant's claims regarding erroneous statements in the original decision, despite the WCJ's recommendation to deny. The Board also directed clarification of proper parties and suggested improved clarity in future decisions to avoid confusion.

Workers' Compensation Appeals Boardcumulative traumawristsshoulderselbowsOctober 132003Petition for Reconsiderationclerical errorsjoint findings and award
References
Case No. ADJ9124369
Regular
Oct 14, 2016

OSWALDO URQUIZA vs. EL MEXICALY CAFÉ 2, ILLINOIS MIDWEST INSURANCE AGENCY on behalf of PROCENTURY INSURANCE COMPANY

This case involves a lien claimant, Diamond Orthopedic Services, seeking reconsideration of their dismissed lien. The lien was dismissed by the WCJ after the claimant failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss (NIT). The Board denied reconsideration, finding the claimant’s explanation for missing the conference was insufficient and that the claimant was properly served with the NIT, as their counsel had not yet filed a formal substitution. Furthermore, the claimant's petition for reconsideration was improperly served.

Lien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimNotice of Intention to DismissLien ConferenceGood CauseFailure to AppearProper ServiceSubstitution of CounselLabor Code Section 5905
References
Case No. ADJ2902954; ADJ2715753
Regular
Jan 14, 2014

DONALD GREEN vs. COMPTON UNIFIED SCHOOL DISTRICT

The Appeals Board dismissed the lien claimant's Petition for Reconsideration and granted removal on its own motion. It affirmed the Administrative Law Judge's order setting aside a prior lien allowance due to potential service and ex parte communication issues. The matter was returned to the trial level for reassignment to a new judge to address outstanding issues, including proper service, ex parte communication, the propriety of setting aside the lien order, and potential sanctions.

Workers' Compensation Appeals BoardLien claimantReconsiderationRemovalOrder Setting AsideEx parte communicationProper serviceNotice of Intent to Allow LienAmended Order Allowing LienSubstituted counsel
References
Case No. ADJ3847846 (SDO 0345131)
Regular
Apr 24, 2009

Michelle Camp vs. San Diego Rural Fire Protection District

The Appeals Board granted reconsideration of the WCJ's decision regarding applicant Michelle Camp's temporary disability benefits and attorney's fees. The Board rescinded the original decision due to procedural errors, specifically the lack of a proper record including issues and stipulations, and the reliance on unverified letters as petitions. The case is remanded to the trial level for further proceedings, a corrected record, and a new decision. This action ensures all procedural requirements are met before a final determination is made.

Workers' Compensation Appeals Boardvolunteer firefightertemporary disability indemnityattorney's feepetition for reconsiderationproper recordissues and stipulationsMinutes of Hearing Summary of Evidenceunverified letterLab. Code
References
Showing 1-10 of 1,852 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