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. OAK 0267949
Regular
Jul 14, 2008

MARIO VALDEZ vs. ITO CARIANI SAUSAGO CO., TOKIO MARINE FIRE INSURANCE, RANDSTAD/ACCUSTAFF BY CIGA THROUGH ITS SERVICING FACILITY BROADSPIRE ON BEHALF OF LEGION INSURANCE IN LIQUIDATION

This case concerns an industrial injury sustained by an employee loaned from a general employer (Randstad/Accustaff) to a special employer (Ito Cariani Sausage Co.). The Workers' Compensation Appeals Board denied reconsideration of a finding that Tokio Marine and Fire Insurance, the special employer's carrier, was liable, despite the general employer's original insurer becoming insolvent. The Board found no evidence of a valid agreement under Labor Code § 3602(d) shifting responsibility to the general employer's insurer, and thus Tokio remained liable as "other insurance" available to the claimant.

Special employmentGeneral employerSpecial employerTokio Marine Fire InsuranceRandstad AccustaffLegion InsuranceCIGAInsurance Code section 11663Labor Code section 3602(d)Joint and several liability
References
16
Case No. MISSING
Regular Panel Decision

Claim of Nickens v. Randstad

Claimant, employed by a temporary agency, suffered severe lumbar and sacral vertebrae fractures on October 7, 2003, when caught in a garbage truck's hydraulic lift. The employer and carrier argued he was gathering cans for personal use, a prohibited act. However, the Workers’ Compensation Law Judge (WCLJ) found the injury work-related, established an average weekly wage, and awarded temporary disability benefits. The carrier sought review from the Workers’ Compensation Board, contending they were denied cross-examination of claimant’s physicians, an opportunity to present a witness regarding the prohibited act, and cross-examination of claimant about his labor market attachment. The Board affirmed the WCLJ’s decision. The Appellate Division affirmed the Board's decision, finding no reversible error.

Workers' CompensationAccidental InjuryHydraulic Lift AccidentVertebrae FracturesTemporary EmploymentProhibited Act DefenseCross-Examination DenialLabor Market AttachmentWorkers' Compensation BoardAppellate Review
References
2
Case No. ADJ7925931, ADJ7925917
Regular
Sep 27, 2017

LUISA SEQUEIRA vs. RANDSTAD PLACEMENT PROS, ACE AMERICAN

This case involved an applicant seeking reconsideration of a workers' compensation award, arguing that the declaration of readiness to proceed was defective due to a lack of a primary treating physician's report on permanent disability. The Appeals Board affirmed the original award, finding that Labor Code section 4061(i) does not require all treating physicians to find maximum medical improvement before proceeding to trial. The Board reasoned that the applicant's Panel Qualified Medical Evaluator (PQME) provided substantial medical evidence sufficient to support the permanent disability award, even though primary treating physicians had not yet found MMI. Therefore, the WCJ correctly relied on the PQME's report.

Declaration of readinessPermanent disabilityPrimary treating physicianQualified Medical EvaluatorMaximum medical improvementLabor Code section 4061(i)Substantial medical evidenceFindings Award and OrderReconsiderationIndustrial injury
References
3
Case No. ADJ7925931 ADJ7925917
Regular
Nov 07, 2016

LUISA SEQUEIRA vs. RANDSTAD PLACEMENT PROS, ACE AMERICAN

This case concerns applicant Luisa Sequeira's petition for reconsideration of a decision filed on August 12, 2016. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues to ensure a just decision. All future correspondence related to the petition must be filed directly with the Board's Commissioners, not district offices or through EAMS.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemWCJStipulations with Request for AwardCompromise and Release Agreements
References
0
Case No. ADJ9824775, ADJ9821647
Regular
Jun 13, 2016

PAULA CANO vs. RANDSTAD NORTH AMERICA, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed an applicant's Petition for Reconsideration. The dismissal was based on the reasons outlined in the Workers' Compensation Judge's (WCJ) report, which the WCAB adopted. The WCAB noted an administrative error where the applicant, Paula Cano, was referred to as "he" in the WCJ's report, acknowledging she is female. The case is now returned to the WCJ for further proceedings concerning a medical group's lien.

Petition for ReconsiderationDismissalWCJ ReportLienMission Peak Orthopedic Medical GroupAdverse PartyOrderWorkers' Compensation Appeals Board
References
0
Case No. ADJ11128741 ADJ11030691
Regular
Sep 13, 2019

BARTOLOME ENRIQUE MORAN vs. RANDSTAD, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Bartolome Enrique Moran's petition for reconsideration, upholding the WCJ's decision. The WCJ's credibility determinations regarding the applicant's testimony were given great weight, supported by the manager's testimony and a persuasive QME report. The Board found no substantial evidence to warrant rejecting the WCJ's findings that the applicant's claimed injuries lacked credible documentation and industrial causation. Therefore, the petition was denied.

Petition for ReconsiderationAugment the RecordWCAB Rule 10848WCJ credibility determinationsGarza v. Workmen’s Comp. Appeals Bd.substantial evidenceindustrial causationQME reportDr. Hanleyobjective abnormalities
References
4
Case No. ADJ7159953
Regular
Feb 17, 2012

ANTONIO CORONA vs. RANDSTAD NORTH AMERICA, ACE AMERICAN INSURANCE COMPANY

Lien claimants sought reconsideration of an administrative law judge's order disallowing their liens and imposing sanctions. The Appeals Board granted reconsideration, rescinded the order, and returned the matter for a decision on the merits. The Board found the sanctions unjustified due to unclear orders regarding trial briefs and lack of proper notice, and further noted the judge failed to issue a required opinion explaining the basis for disallowing the liens. The case is remanded for a proper decision with an explanatory opinion.

Workers' Compensation Appeals BoardLien ClaimantsReconsiderationWCJ OrderSanctionsTrial BriefsBurden of ProofCompromise and ReleaseIndustrial InjuryUtilization Review
References
2
Case No. ADJ13283392
Regular
Mar 21, 2023

FIDELINA MONTER vs. RANDSTAD NORTH AMERICA, INC., ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision, increasing the applicant's permanent disability rating from 7% to 14% due to insufficient evidence for apportionment by the agreed medical examiner. The WCAB also ruled that the defendant is not entitled to a credit for temporary disability overpayment, citing the hardship it would impose on the applicant. Finally, the WCAB increased the attorney's fee to $2,000.00.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerApportionmentPermanent DisabilityTemporary Disability Indemnity OverpaymentSubstantial EvidenceMaximum Medical ImprovementLumbarizationAnterolisthesis
References
6
Showing 1-8 of 8 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