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. ADJ9773810
Regular
Oct 25, 2017

Michele Ligouri vs. CITY OF CONCORD, YORK RISK SERVICES GROUP

This case involves a police officer's claim for workers' compensation benefits for breast cancer. The applicant was entitled to a legal presumption that her cancer was industrially caused. The defendant argued the presumption was rebutted because the latency period for her cancer exceeded her period of employment, based on a QME's opinion. However, the Appeals Board found the QME's opinion did not definitively rule out a shorter latency period for the applicant's aggressive cancer, thus failing to rebut the presumption. The Board granted reconsideration, amended the findings to include the presumption, and returned the case for further proceedings.

Labor Code section 3212.1presumptionindustrial cumulative trauma injurybreast cancerlatency periodQualified Medical Evaluator (QME)rebuttedmedical probabilityaggressive form of cancercarcinogens
References
Case No. ADJ11070005
Regular
Mar 17, 2020

Colin McKenzie vs. San Bernardino Sheriff's Department, County of San Bernardino, Permissibly Self-Insured, Administered by RISK MANAGEMENT

Applicant Colin McKenzie sought reconsideration of a decision that rejected his workers' compensation claim for prostate cancer. The applicant argued the cancer presumption under Labor Code 3212.1 was improperly rebutted. The Agreed Medical Examiner, Dr. Stewart, concluded the presumption was rebutted, finding no reasonable link between the applicant's work exposures and his cancer based on extensive studies. The judge agreed with Dr. Stewart's analysis and recommended the Petition for Reconsideration be denied. However, the Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationCancer PresumptionLabor Code 3212.1Agreed Medical ExaminerDr. Gary StewartSubstantial Medical EvidenceCity of Long Beach v. WCAB (Garcia)Diesel FumesProstate Cancer
References
Case No. ADJ1703796
Regular
Sep 05, 2025

Diane Minish vs. Hanuman Fellowship, State Compensation Insurance Fund

Applicant Diane Minish sought reconsideration of a Findings and Order (F&O) issued by a WCJ on January 22, 2021, which found she did not rebut the presumption of receiving an Order Dismissing her case. Minish contended she was not served with the Order Dismissing and that due process requires actual notice. The Workers' Compensation Appeals Board (WCAB) reviewed the record and concluded that Minish successfully rebutted the presumption of receipt, giving great weight to the WCJ's credibility determinations regarding her testimony of non-receipt. The WCAB found that the failure to provide adequate notice and opportunity to be heard violated due process and constituted good cause to set aside the Order Dismissing. Consequently, the WCAB rescinded the original F&O, granted Minish's Petition to Vacate, and rescinded the Order Dismissing her case.

Workers' Compensation Appeals BoardReconsiderationNotice of IntentionOrder DismissingPresumption of ReceiptRebuttedGood CausePetition to VacateDue ProcessSubstantial Justice
References
Case No. ADJ8094546
Regular
Dec 16, 2014

Jesse Martinez vs. Linda Vista Farms, Zenith Insurance Company

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The applicant, Jesse Martinez, claims 100% permanent disability due to back and urologic injuries, but the trial judge awarded 45%. The Board found insufficient evidence to fully address whether the applicant's diminished future earning capacity rebutted the scheduled permanent disability rating. The matter was returned to the trial level for further development of the record concerning this specific issue.

Permanent disabilityLeBoeufvocational expertsubstantial evidencediminished future earning capacityWCJpanel Qualified Medical Evaluatorsorthopedicurologicpermanent disability rating
References
Case No. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
Case No. ADJ8815575
Regular
Mar 12, 2019

DEAN FITZPATRICK vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Third District Court of Appeal has determined that Labor Code section 4660, not 4662(b), governs the calculation of permanent disability ratings. The Court annulled a prior 100% permanent and total disability award, finding it was erroneously based on 4662(b). The Appeals Board granted the defendant's petition for reconsideration and will rescind the original award. The case is returned to the WCJ to issue a new decision consistent with the Court of Appeal's ruling that the undisputed scheduled rating of 99% was not rebutted.

RemittiturOpinion and Decision After RemittiturLabor Code section 4660Labor Code section 4662(b)Permanent total disabilityCumulative traumaWCJFindings Award and OrderPetition for ReconsiderationAnnulled
References
Case No. ADJ7449511
Regular
Dec 10, 2015

ANITA MORRIS vs. AC TRANSIT

This case involves a bus driver, Anita Morris, awarded 53% permanent disability for an industrial injury. The employer, AC Transit, petitioned for reconsideration, arguing the applicant did not properly rebut the diminished future earning capacity component of the award. The Workers' Compensation Appeals Board rescinded the prior award. This action was taken to allow parties to address the impact of a recent appellate court decision, *Contra Costa County v. Workers' Comp. Appeals Bd. (Dahl)*, on the case's disputed issues. The matter is returned to the trial level for further proceedings and a new decision.

Petition for ReconsiderationFindings and AwardIndustrial InjuryUpper ExtremitiesPermanent DisabilityDiminished Future Earning CapacityDFECScheduled RatingRebuttedVocational Expert
References
Case No. ADJ425881 (MON 0349358) ADJ1664800 (MON 0330278)
Regular
Feb 23, 2009

Jerry Salmeron vs. COCA COLA ENTERPRISES

This case concerns an applicant's admitted industrial injuries to his low back, psyche, and hernias, and his subsequent permanent disability ratings. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address disputes regarding the proper application of the 2005 Schedule for Rating Permanent Disabilities, particularly concerning diminished future earning capacity (DFEC). The WCAB rescinded the prior awards and remanded the cases to the trial level to allow the judge and parties to apply recent en banc decisions clarifying how the DFEC and AMA Guides portions of the schedule can be rebutted. The decision emphasizes that rebuttal must be consistent with Labor Code section 4660 and specific en banc rulings on evidence and methodology.

WCABSalmeronCoca Cola EnterprisesDecision After ReconsiderationFindings and Awardpermanent disabilityrebutted2005 Schedulediminished future earning capacityDFEC
References
Case No. ADJ8252406
Regular
Aug 06, 2015

KENNETH FRANCISCO vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT, YORK RISK SERVICES GROUP

This case involves a deputy sheriff claiming cumulative cardiovascular injury and a stroke, with the employer arguing a congenital condition rebutted the statutory presumption of industrial injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB affirmed the finding of industrial injury but amended the award to reflect a stipulated 12% permanent disability, rather than the original 14%.

Workers' Compensation Appeals BoardDeputy Sheriff IIcumulative injurycardiovascular systemstrokepresumption of industrial injuryLabor Code sections 32123212.5rebut presumptioncongenital heart trouble
References
Case No. GRO 34643
Regular
Jul 08, 2008

JULIA GOMEZ-LUVIANO vs. SAN LUIS OBISPO TELEGRAM TRIBUNE, ST. PAUL TRAVELERS INSURANCE COMPANY

This case concerns Julia Gomez-Lubiano's workers' compensation claim for a back injury. The Appeals Board affirmed the prior decision rating her permanent disability at 14% under the 2005 Permanent Disability Rating Schedule. The Board found that the applicant failed to rebut the presumption of correctness for the 2005 PDRS, citing relevant precedent, and therefore denied her expert witness fees.

Permanent Disability Rating Schedule2005 PDRSrebut presumptionexpert witness feesindustrial injurypress operatorWCJEn Banc decisionCosta v. Hardy DiagnosticBoughner v. Comp USA
References
Showing 1-10 of 244 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