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. ADJ532181 (SFO 0438716) ADJ250509 (SFO 0242560) ADJ6545137
Regular
Nov 14, 2014

MICHAEL THOMAS, vs. SAFEWAY STORES, INC. Permissibly Self-Insured,

This case involved an applicant seeking treatment from a highly specialized surgeon, Dr. Matsen, located in Seattle, for a complex shoulder revision. The original decision denied authorization for Dr. Matsen, deeming Seattle outside a reasonable geographic area, and excluded a crucial report from the applicant's treating physician, Dr. Osborn. The Appeals Board granted reconsideration, admitting Dr. Osborn's report, which strongly supported Dr. Matsen's expertise and the inadequacy of local Bay Area surgeons for this complex case. Based on the applicant's medical history and the availability of specialized treatment, the Board reversed the original decision, finding Dr. Matsen to be within a reasonable geographic area.

Workers' Compensation Appeals BoardReasonable geographic areaTreating surgeonAdministrative Director Rule 9780Labor Code section 4600Orthopedic surgeonTotal shoulder replacementRevision surgeryMedical historyPhysician competency
References
1
Case No. ADJ20141319
Regular
Jun 20, 2025

CHARLES FRANKLIN vs. COUNTY OF SAN BERNARDINO

Applicant Charles Franklin sustained a low back injury. Defendant County of San Bernardino filed a petition for reconsideration concerning a scrivener's error in the case number and the geographic reasonableness of the applicant's chosen treating physician, Dr. Nassos. The Appeals Board granted reconsideration to correct the case number from ADJ20141320 to ADJ20141319. However, the Board denied the substantive arguments, affirming the original decision that the defendant failed to demonstrate the unreasonableness of Dr. Nassos's geographic location for treatment by not presenting evidence of a suitable alternative closer to the applicant's residence.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONLABOR CODE SECTION 5909TIMELY ACTIONELECTRONIC ADJUDICATION MANAGEMENT SYSTEMTRANSMISSION DATEBUSINESS DAYNOTICE OF TRANSMISSIONREPORT AND RECOMMENDATIONSCRIVENER'S ERROR
References
5
Case No. MISSING
Regular Panel Decision

Psihoyos v. National Geographic Society

This case concerns a copyright infringement dispute brought by Louis Psihoyos against The National Geographic Society (NGS). Psihoyos alleged that NGS infringed copyrights in his photograph of a dinosaur fossil and an accompanying illustration by publishing similar works in its magazine. NGS moved for summary judgment, arguing the similarities were due to unprotectible elements like common subject matter, or covered by doctrines such as merger and scenes a faire. The court analyzed the substantial similarity of the photographs, illustrations, and overall layout, finding that protectible elements were not substantially similar. Ultimately, the court granted NGS's motion for summary judgment and denied Psihoyos's cross-motion.

Copyright InfringementPhotographyIllustrationSummary JudgmentSubstantial SimilarityMerger DoctrineScenes A FaireIntellectual PropertyArtistic WorksDinosaur Fossil
References
33
Case No. 14-19-00178-CV
Regular Panel Decision
Mar 11, 2021

United Locating Services, LLC v. Damon Fobbs, Rodney Johnson, & Carlos Harrell

United Locating Services, LLC appealed the denial of its motion to dismiss under the Texas Citizens Participation Act (TCPA) in a lawsuit brought by former employees Damon Fobbs, Rodney Johnson, and Carlos Harrell. The former employees sued United for defamation and invasion of privacy, alleging that United continued to use their names on work orders and damage tickets after their employment. The appellate court determined that the former employees' claims fell within the TCPA's scope. However, the court found that the former employees failed to establish by clear and specific evidence a prima facie case for each essential element of their claims, specifically regarding the 'value associated with their names' for the appropriation claims and 'publication' and 'actual malice or negligence' for the defamation claims. The trial court's order denying the motion to dismiss was reversed, and the case was remanded for a determination of attorney's fees, court costs, and sanctions to be awarded to United.

Texas Citizens Participation ActTCPADefamationInvasion of PrivacyName AppropriationMotion to DismissAppellate ReviewEmployment LitigationFree Speech RightsRight of Association
References
11
Case No. ADJ1210556 (AGO 0018589)
Regular
Oct 10, 2008

EDWIN MILLER vs. KEEBLER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and granted reconsideration of the WCJ's prior decisions regarding medical mileage and penalties. The Board found the WCJ failed to properly consider statutory factors in determining a "reasonable geographic area" for the applicant's medical treatment. Consequently, the WCAB rescinded the WCJ's decisions and returned the case to the trial level for further proceedings and a new decision addressing all outstanding issues, including the definition of a reasonable geographic area for treatment.

WCABPetition for RemovalPetition for ReconsiderationMedical MileageReasonable Geographic AreaLabor Code Section 4600Administrative Director Rule 9780(h)WCJBoltonRamirez
References
2
Case No. 2007 NY Slip Op 30531(U)
Regular Panel Decision
Apr 05, 2007

Schirmer v. Athena-Liberty Lofts, LP

This case is an appeal from an Order of the Supreme Court, New York County, regarding a personal injury action. The plaintiff, a worker at a construction site, sustained injuries, leading to the site owner, Lofts, settling the claim after being found liable under Labor Law § 240 (1). Lofts then pursued indemnity claims against lighting contractor HP and the plaintiff's employer, Burgess. The Appellate Court modified the lower court's decision, vacating the finding that Lofts' settlement amount was reasonable due to Lofts' failure to properly demonstrate reasonableness and its mischaracterization of waiver arguments by HP and Burgess. The Court also affirmed the denial of HP's motion for summary judgment, citing unresolved factual issues concerning inadequate lighting as a cause of the accident.

Personal InjuryConstruction Site AccidentSummary JudgmentIndemnity ClaimLabor Law § 240(1)Appellate DivisionThird-Party ActionSettlement ReasonablenessCross ClaimsInadequate Lighting
References
4
Case No. ADJ2124401
Regular
Apr 09, 2014

THOMAS ENGLE vs. COPY RIGHT PRINTING SYSTEMS, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal regarding a change of hearing location from Santa Barbara to Oxnard. The Board reasoned that the Division of Workers' Compensation has budgetary constraints and the inherent power to manage its calendars, including changing hearing locations due to space limitations at the Santa Barbara satellite office. The Board noted that CourtCall and other options exist for participants who have difficulty traveling to Oxnard.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCABDivision of Workers' CompensationDWCVenueDistrict OfficeSatellite OfficeCourtCall
References
1
Case No. LAO 0856142
Regular
Jan 04, 2008

MARCO ANTONIO HERNANDEZ vs. LANCA, INC. dba LANCA EXPRESS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involved an applicant, a delivery driver, who was shot and robbed while exiting a hotel after a delivery run. The applicant argued his injuries were work-related under the "commercial traveler" rule, which extends coverage to employees traveling for business. The defense contended the applicant was engaged in personal activities when injured, even if the location was a high-crime area. The Board denied reconsideration, upholding the finding that the injury was industrial, as the applicant's work duties brought him to the location where the incident occurred, and personal activities during travel are generally covered if reasonable.

Workers' Compensation Appeals BoardCommercial Traveler RuleCourse of EmploymentArising Out of EmploymentCredibility DeterminationReasonable InferencesPetition for ReconsiderationIndustrial InjuryBusiness TripLodging and Meals
References
8
Case No. ADJ5744485 ADJ6979008 ADJ6979031
Regular
Sep 16, 2010

BRIAN MENICUCCI vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This Workers' Compensation Appeals Board decision clarifies that injured employees are not geographically restricted when selecting a physician within a defendant's Medical Provider Network (MPN). While general treatment under Labor Code section 4600(c) has a reasonable geographic limitation, this restriction does not apply to MPN physicians. The Board affirmed the ALJ's decision, holding that an employee can choose any MPN physician, regardless of distance, after their initial visit. The case specifically avoided ruling on travel expense reimbursement or injuries sustained during travel to the chosen physician.

Medical Provider NetworkMPNreasonable geographic areaLabor Code section 4600(c)Labor Code section 4616 et seq.Administrative Director Rule 9780(h)Administrative Director Rule 9767.6(e)physician of his or her choicestatutory constructionstatutory omission
References
3
Case No. MISSING
Regular Panel Decision
Aug 04, 1993

In re the Claim of Teller

The Unemployment Insurance Appeal Board ruled that the claimant, a production manager, was disqualified from receiving unemployment insurance benefits. This decision was based on the finding that the claimant voluntarily left his employment without good cause. The Board determined that the claimant refused a transfer to a new location, and his reasons for refusal, including unchanged salary, reasonable commuting distance, and non-mandatory overtime, were not considered good cause. The appellate court found substantial evidence to support the Board's conclusion. Consequently, the decision of the Unemployment Insurance Appeal Board was affirmed.

Voluntary DepartureGood CauseUnemployment BenefitsTransfer RefusalSubstantial EvidenceProduction ManagerSalary UnchangedCommuting DistanceOvertime Not MandatoryAppellate Review
References
0
Showing 1-10 of 5,957 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