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Case Law Database

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

Case No. 08-25-00104-CV

Regular Panel Decision

Oct 31, 2025

LKQ Automotive D/B/A Keystone Automotive Industries, Inc. and Jesus Duron v. Adan Robert Romo

LKQ Automotive and Jesus Duron appealed a trial court's denial of their motion to compel arbitration against Adan Robert Romo. Romo, an LKQ commercial truck driver, was injured on the job and sued Appellants. Appellants sought to compel arbitration based on an agreement Romo signed, but Romo argued he was a transportation worker engaged in interstate commerce, exempt from the FAA. The appellate court affirmed the trial court's decision, concluding that Romo met his burden of proving he was exempt from the FAA's arbitration provisions, thus rendering the agreement unenforceable under federal law.

Arbitration AgreementFAA ExemptionTransportation WorkerInterstate CommerceEmployment LawPersonal Injury ClaimTexas Arbitration ActAppellate ReviewMotion to Compel ArbitrationSummary Procedure

References

Case No. ADJ3584218 (AHM 0151876)

Regular

Oct 15, 2012

RACHELLE MCKEAN-ROMO vs. PLACENTIA LINDA HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration to address a dispute over a 15% increase in permanent disability indemnity under Labor Code section 4658(d)(2). The applicant argued this increase was warranted due to the employer's failure to offer modified or alternative work. However, the Board found the record insufficient to determine if the employer met their obligations under the statute. Consequently, the case was returned to the trial level to further develop evidence regarding the offer of alternative or modified work.

Workers' Compensation Appeals BoardPlacentia Linda HospitalSedgwick Claims Management ServicesInc.Rachelle McKean-Romoindustrial injurylow back injurypsyche injuryLabor Code section 3208.3sleep disorder

References

Case No. ADJ 3006646 (GOL 0101478) ADJ 4273750 (GOL 0101479)

Regular

Dec 23, 2010

YOLANDA ROMO RODRIGUEZ vs. COUNTY OF SANTA BARBARA

Applicant Yolanda Romo-Rodriguez sought penalties under Labor Code § 132a, alleging the County of Santa Barbara discriminated against her by denying a 9/80 work schedule after her industrial injury. The WCJ denied the petition, finding no evidence applicant was singled out due to her injury, as others in her training class also worked 40-hour weeks. The employer demonstrated a business necessity for the 40-hour schedule due to call center performance demands. The Appeals Board denied reconsideration, upholding the WCJ's findings.

Labor Code section 132aDiscrimination9/80 work scheduleBusiness necessityReconsiderationPenaltiesFinding of FactIndustrial injuryLauher standardEligibility worker

References

Case No. ADJ8700788

Regular

Dec 03, 2013

RACHELLE CORBIN vs. MEDPRO LLC, ZURICH SAN FRANCISCO

The Workers' Compensation Appeals Board denied Rachelle Corbin's Petition for Reconsideration in case ADJ8700788. The Board adopted and incorporated the WCJ's report in its entirety for the denial. Commissioner Sweeney concurred with the denial, but specifically noted that while evidence supports employee status, it does not support it against defendant Med Pro LLC.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportMedPro LLCZurich San Franciscoemployee statusconcurring opinionCommissioner Sweeney

References

Case No. ADJ10330860

Regular

Feb 24, 2025

RACHELLE MARTINEZ vs. CALIFORNIA MEDICAL FACILITY, STATE COMPENSATION INSURANCE FUND

Applicant Rachelle Martinez suffered a work-related injury on August 17, 2015, while working for California Medical Facility, exacerbated by a subsequent incident. The parties reached a settlement through Stipulations with Request for Award, but a lien claimant, CCPOA-Benefit Trust Fund, asserted its lien was not properly considered, leading to a Petition for Reconsideration of a December 18, 2024 Award. The Appeals Board found the petition premature as no evidence was admitted into the record regarding the lien claimant's allegations of good cause to set aside the award. Therefore, the Petition for Reconsideration was dismissed, and the matter returned to the trial level for further proceedings to allow the lien claimant to present evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management System (EAMS)transmission datenotice of transmissionReport and RecommendationStipulations with Request for Awardlien claimantCCPOA-Benefit Trust Fund

References

Case No. ADJ8033206

Regular

Sep 16, 2013

HUMBERTO ROMO vs. HUNTER LANDSCAPE, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed Humberto Romo's Petition for Reconsideration. The dismissal was based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and it failed to state statutory grounds under Labor Code section 5903. Even if the petition had been properly verified, the WCAB would have denied it on the merits, adopting the WCJ's reasoning.

Petition for ReconsiderationDismissedVerifiedLabor Code section 5902Statutory GroundsLabor Code section 5903WCJ ReportAdopt and IncorporateDeny on the MeritsWorkers' Compensation Appeals Board

References

Case No. CV-07-2836

Regular Panel Decision

Tony Romo, Jr. v. State

L.V. Welch, an inexperienced worker for Pinnacle Technologies, Inc., died from heat exhaustion. His representative, Charlotte Welch, sued Hurd Oil Field Service, Inc., claiming Hurd's employee, Robert Browning, assumed a duty of care to L.V. but breached it by failing to intervene when L.V. exhibited irrational behavior. The trial court granted Hurd's motion for summary judgment, finding that Browning did not owe L.V. a duty of care. The Court of Appeals affirmed the judgment, concluding that Browning did not assume a duty of care to L.V., and therefore, Hurd was not liable for negligence.

NegligenceDuty of careSummary judgmentWrongful deathAssumed dutyGood SamaritanTexas lawAppellate reviewEmployer liabilityIndependent contractor

References

Case No. 02A01-9802-CV-00046

Regular Panel Decision

Apr 28, 1999

William Winchester v. Glenda Winchester

This is the second appeal in a child custody case. The trial court initially awarded joint custody, which was reversed and remanded by the appellate court for an award of sole custody. On remand, the trial court awarded sole custody to the mother and ordered the father to pay child support. The father appealed, challenging the custody award to the mother and the calculation of child support. The appellate court affirmed the custody award to the mother but reversed the child support award and remanded for recalculation, ruling that student loans with an expectation of repayment are not considered income for child support purposes.

Child CustodyAppealDivorce ProceedingsChild SupportParental FitnessTender Years DoctrineJudicial RecusalEvidentiary RulesPsychological EvaluationIncome Determination

References

Case No. ADJ3713000

Regular

Oct 29, 2013

ROXI ROMO vs. BAKERSFIELD CITY SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding that the applicant sustained an injury arising out of and in the course of employment. The Workers' Compensation Judge's (WCJ) decision was based on the applicant's credible testimony and initial medical reports documenting injuries consistent with her account. The defendant's arguments, focusing on a security video and other circumstantial evidence, were found unpersuasive by the WCJ. The Board adopted the WCJ's report, emphasizing that credibility determinations are given great weight and are supported by substantial evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation JudgeCourse and Scope of EmploymentAOE/COEInjuryApplicant CredibilityMedical ReportsDefendant ContentionsSacral Contusion

References

Case No. ADJ18840391; ADJ18840406

Regular

Mar 07, 2025

Carmen Romo vs. Austin D. Hoover, DDS, Dental Corporation; The Dentists Insurance Company

The Petition for Removal of the decision issued on January 17, 2025 has been withdrawn by the petitioner. Consequently, the Workers' Compensation Appeals Board has ordered the petition to be dismissed.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardDeputy CommissionerCommissionerAdjudication NumbersApplicantDefendantsDental Corporation

References

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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. 08-25-00104-CV

Regular Panel Decision

Oct 31, 2025

LKQ Automotive D/B/A Keystone Automotive Industries, Inc. and Jesus Duron v. Adan Robert Romo

Arbitration AgreementFAA ExemptionTransportation WorkerInterstate CommerceEmployment LawPersonal Injury ClaimTexas Arbitration ActAppellate ReviewMotion to Compel ArbitrationSummary Procedure

References

Case No. ADJ3584218 (AHM 0151876)

Regular

Oct 15, 2012

RACHELLE MCKEAN-ROMO vs. PLACENTIA LINDA HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

References

Case No. ADJ 3006646 (GOL 0101478) ADJ 4273750 (GOL 0101479)

Regular

Dec 23, 2010

YOLANDA ROMO RODRIGUEZ vs. COUNTY OF SANTA BARBARA

Labor Code section 132aDiscrimination9/80 work scheduleBusiness necessityReconsiderationPenaltiesFinding of FactIndustrial injuryLauher standardEligibility worker

References

Case No. ADJ8700788

Regular

Dec 03, 2013

RACHELLE CORBIN vs. MEDPRO LLC, ZURICH SAN FRANCISCO

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportMedPro LLCZurich San Franciscoemployee statusconcurring opinionCommissioner Sweeney

References

Case No. ADJ10330860

Regular

Feb 24, 2025

RACHELLE MARTINEZ vs. CALIFORNIA MEDICAL FACILITY, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ8033206

Regular

Sep 16, 2013

HUMBERTO ROMO vs. HUNTER LANDSCAPE, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Petition for ReconsiderationDismissedVerifiedLabor Code section 5902Statutory GroundsLabor Code section 5903WCJ ReportAdopt and IncorporateDeny on the MeritsWorkers' Compensation Appeals Board

References

Case No. CV-07-2836

Regular Panel Decision

Tony Romo, Jr. v. State

NegligenceDuty of careSummary judgmentWrongful deathAssumed dutyGood SamaritanTexas lawAppellate reviewEmployer liabilityIndependent contractor

References

Case No. 02A01-9802-CV-00046

Regular Panel Decision

Apr 28, 1999

William Winchester v. Glenda Winchester

Child CustodyAppealDivorce ProceedingsChild SupportParental FitnessTender Years DoctrineJudicial RecusalEvidentiary RulesPsychological EvaluationIncome Determination

References

Case No. ADJ3713000

Regular

Oct 29, 2013

ROXI ROMO vs. BAKERSFIELD CITY SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

References

Case No. ADJ18840391; ADJ18840406

Regular

Mar 07, 2025

Carmen Romo vs. Austin D. Hoover, DDS, Dental Corporation; The Dentists Insurance Company

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardDeputy CommissionerCommissionerAdjudication NumbersApplicantDefendantsDental Corporation

References

Showing 1-10 of 14 results

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